Journal articles on the topic 'Engineers Legal status, laws, etc'
To see the other types of publications on this topic, follow the link: Engineers Legal status, laws, etc.
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Engineers Legal status, laws, etc.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Schukin, Andrey I. "APPLICATION THE PERSONAL STATUTE OF A LEGAL ENTITY IN CIVIL CASES." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 39 (2021): 225–41. http://dx.doi.org/10.17223/22253513/39/17.
Full textAbstract:
The decisions and activities of legal persons have consequences in many states, some-times giving rise overseas to disputes arising out of contracts, torts. The foreign element in such cases raises a number of difficult questions related to the legal status of the subjects of these relations: whether a legal entity created under the laws of one state is recognized as such in another state where it is engaged in economic activities; the laws of which state determine the legal capacity of a foreign legal entity? - etc. The answers to these questions may be found by means of the personal statute of a legal entity (lex societatis). The personal statute of a legal entity (lex societatis) is commonly referred to as the law, determined on the basis of a conflict of laws rule, to be applied to the totality of relations related to the legal entity and complicated by a foreign element, or at least to the main part of such relations. The application of the personal statute of a legal entity is relevant in civil cases in which at least one of the parties is a foreign corporation. This statute has to be resorted to in the case of a dispute on the merits, as well as in a number of other cases: determining the legal status of the disputing parties at the stage of initiation of the case and its subsequent resolution, checking the powers of the parties' representatives, etc. The court must examine the legal status of the corporation as a party to the proceeding before deciding on the applicable law. The purpose of this article is to analyze the practice of application by Russian courts the personal statute of a legal entity in resolving a number of procedural issues related to the determination of the legal status of the disputing parties, the verification of the credentials of the parties' representatives. The article provides an analysis of the content of the mentioned conflict of law norm, which is designed to help courts in their activities. The improvement of the investment climate in the state, the attractiveness of the national jurisdiction for economic activity, the stability of the civil turnover in general depend on the effective protection of the rights and legitimate interests of participants in corporate conflicts through justice. The study of features of the judicial form of protection of violated rights and interests in the light of the foreign element is of enduring theoretical and practical importance.
2
Pan, Guangxin, Tianfeng Guo, and Junjie Xia. "On the Development Status and Strategy of Digital Currency of the Central Bank of China." Finance and Market 5, no. 4 (December 22, 2020): 328. http://dx.doi.org/10.18686/fm.v5i4.2967.
Full textAbstract:
<p> With the gradual rise of financial science and technology, the traditional currency tends to be eliminated due to various limitations. Digital currency technology based on block chain technology emerges as the times require. With the gradual deepening of the research on legal digital currency by the central bank, the implementation of legal digital currency will be the inevitable choice of China’s economic development, and also the inevitable requirement of complying with the trend of economic globalization and informatization. This paper studies the development status of digital currency at home and abroad and the importance of central bank issuing digital currency, and analyzes the main causes of the risk problems of circulation environment, laws and regulations, financial system and technical system faced by the Central Bank of China in promoting digital currency, including the implementation of laws and regulations, protection of users’ rights and interests, establishment of monitoring and analysis department, promotion of digital currency, etc. This paper puts forward specific measures and suggestions for the central bank to issue digital currency.</p>
3
Batyushkina, Marina Vladimirovna. "Laws on Approval of Program-goal Documents: Genre Approach." International Journal “Speech Genres” 28, no. 4 (2020): 263–77. http://dx.doi.org/10.18500/2311-0740-2020-4-28-263-277.
Full textAbstract:
The article presents the results of a study of the functional, formal and substantive features of the texts of Russian laws, which approve program-goal docments (development strategies, concepts, programs, forecast plans, etc.). The article is based on discourse and genre approaches to the study of legislative texts, the legislative text space as a whole. It is noted that, on the one hand, this type of laws reflects the general features of modeling and transроforming of modern legal discourse; reproduces the institutional aspects of the legislative process; broadcasts legislative intentions, strategies and tactics. On the other hand, laws that approve documents of a program-goal nature have distinctive characteristics that allow defining these laws as a separate subgenre type. The subgenre of law is defined by the author on the basis of the following parameters: (1) intention of the uthor; (2) the purpose and functions of the law; (3) the factor of the subject of legal discourse (author/addressee of the law); (4) spatio-temporal and other circumstantially determining characteristics reflected in the text of the law explicitly or implicitly (who adopted and signed the law, during which period and in which territory it is applied, etc.); (5) type of institutional action; (6) the institutional status of the law within the system of laws; (7) subject-thematic “radius” of the text; (8) formal segmentation of text; (9) features of the correlation of functional semantic types of speech; (10) degree of uniformity, subgenre markers and clichés. The formal and informative structures of program-approving laws are analyzed on the basis of the fol-lowing segments: pretext and post-text details, intra-text components, post-text application (approved document). These segments are analyzed from various points of view: obligation, localization, combinatorics, unification, etc. When conducting research, special attention is paid to structural, typological, comparative and other types of analyzes.
4
Syzonov, Dmytro. "Advertising communication in the professional analysis of an linguistic expert." Current issues of Ukrainian linguistics: theory and practice, no. 45 (2022): 15–26. http://dx.doi.org/10.17721/apultp.2022.45.15-26.
Full textAbstract:
The article analyzes modern parameters of advertising communication in the context of linguistic expertise and legal linguistics. Advertising is considered as an information product, intended to form and maintain the opinion of advertising consumers, to influence the recipient for marketing purposes, and therefore may become a subject of analysis of linguist-expert. Advertising communication is often interpreted as a powerful tool of influence on the mass consciousness, which leads to legal evaluation of the texts of advertising. The author defines professional limits of the linguist-expert who works with the advertising text, as well as described parameters of conflict in the advertising, its status in the legislative field and media reality. It is proposed to separate a special type of linguistic expertise of the advertising text (by functional-communicative parameter), which allows further search of the media linguist and legal linguist on the mentioned problem. Special attention is paid to the legal status of linguistic expertise of the advertising text, which is regulated by a number of laws of Ukraine ("About advertising", "About information", "About printed mass media (press) in Ukraine", etc.) and accompanying legal documents, regulations, agreements about international cooperation and others. The attention is focused on different types of advertising (informational, image, explanatory, reminding, etc.) and types, legally correlated (external, internal, social, commercial, etc.) texts. The legislative established types of advertising – conscientious and unscrupulous, discriminatory, comparative, etc., which language characteristics become the subject of analysis of linguist-expert are also commented. Thus, advertising as a powerful source of verbal and non-verbal manipulation strategies, which can be misled by potential consumers, is considered not only from the position of media analysts, but also legal linguistics and linguistics expertise.
5
Kapustin, Aleksei Yevgenyevich. "Russian Law Codes in the 19th and 20th Century and Women: From Gaps and Inequalities to Legal Recognition and Legal Equality." Vesnik pravne istorije 1, no. 1/2020 (February 3, 2021): 123–40. http://dx.doi.org/10.51204/hlh_20105a.
Full textAbstract:
The article is devoted to the main problems in overcoming the gaps in women’s rights and establishing the principle of equality of the sexes in Russia in the 19th and 20th century. Historically, the legal status of women in Russia covered only marriage, family and inheritance relations. However, during the period covered by this article, the legislator ensured the political rights of women and recognized women as independent subjects of public law. The problem of the legal status of women in Russia has recently acquired not only theoretical, but also practical significance. The study of this problem was carried out relying not only on scientific articles, but also on legal sources and historical documents, such as the Collection of laws and orders of the government of Saint-Petersburg, Decree of the Provisional Government of July 20 1917 etc. The author comes to the conclusion that the evolutionary path of women’s rights in Russia had its own identity, while taking into account the experience and legislative practice of other countries.
6
Zembatova, B. V., and I. A. Yakovlev. "Problems of Cooperation between the Caspian States: Investment and Legal Aspects." Economics and Management 26, no. 10 (December 26, 2020): 1080–91. http://dx.doi.org/10.35854/1998-1627-2020-10-1080-1091.
Full textAbstract:
Aim. The presented study aims to substantiate the objective need for legal regulation of interaction between the Caspian states in the development of Caspian resources as a starting point for balanced economic cooperation.Tasks. The authors develop baselines for analyzing the state of economic cooperation between the Caspian Five countries, laws and regulations adopted by the Caspian states to regulate interaction in the Caspian Sea; analyze the impact of the current legal regulator of relations on the possibility, nature, and directions of cooperation between the Caspian states in the investment sphere and key sectors (energy, trade, transport, etc.).Methods. This study uses general scientific methods of cognition in various aspects to substantiate approaches to analyzing the legal framework of Caspian economic cooperation, identify key problems of regulating the rights of the Caspian Five states as owners of the Caspian Sea, and propose major directions for solving these problems.Results. Analysis of laws and regulations governing the interaction between the Caspian Five states in the usage of the Caspian Sea and its resources in the context of the current stage of development of their relations shows the uncertainty of the legal status of the Caspian Sea to be the main reason for economic problems in the cooperation between the Caspian states. The identified problems determine the selection of approaches to the formation of the fundamentals of legal regulation of interaction between the Caspian states and their application to determining the content of such concepts as “the Caspian Sea as an object of law”, “legal status of the Caspian Sea”, and the principles of formation of norms regulating the legal status of the Caspian Sea serving as the main missing elements of the legal framework of cooperation between the Caspian states – the owners of the Caspian Sea and its resources.Conclusions. Establishing the legal status of the Caspian Sea has become one of the main goals and at the same time a major problem of interaction between the Caspian states in the investment sphere, energy, trade, and transport infrastructure since their unification into the five co-owners of the Caspian Sea. This problem has not been resolved to this day.
7
Loginova, Nadezhda, and Lyubov' Abramova. "Legal framework as a means of effective communication between the investigator and the body of inquiry (through the example of internal affairs bodies)." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2021, no. 4 (December 20, 2021): 111–20. http://dx.doi.org/10.35750/2071-8284-2021-4-111-120.
Full textAbstract:
Based on the conducted research the authors concluded that there are regulatory legal acts regulating the issues of interaction between the investigator and the body of inquiry, which in addition to the criminal procedural law include other laws and by-laws, in particular, the federal laws “On operative-investigative activity”, “On the police”, departmental orders and instructions. It is noted that the existing disputes about the legality, procedure, types and subjects of interaction, about the procedural nature and evidential significance of information obtained from interaction, about the methods of its registration demonstrate the imperfection of the current regulatory framework in this area, which prevents its effective enforcement. The article indicates that the gaps in legislation in some of the most significant areas of intervention in the system of the Ministry of Internal Affairs have been filled through regulatory legal acts issued both at the federal level of the department and the level of territorial internal affairs bodies (in the form of orders, decrees, instructions and etc.), which certainly allowed to solve a number of practical problems. The authors of the publication make proposals for improving the legislative regulation of the procedural status of the body of inquiry as a participant in a criminal process.
8
Lapidoth, Ruth. "International Law within the Israel Legal System." Israel Law Review 24, no. 3-4 (1990): 451–84. http://dx.doi.org/10.1017/s0021223700010025.
Full textAbstract:
Since the establishment of the State and up to the present day, Israeli law has had to deal with a great number of various problems in the field of international law, e.g. whether the State of Israel is a successor to the obligations of the Mandatory government; the jurisdiction of the Israeli courts with regard to offences committed in demilitarized zones or beyond the State's boundaries (on the high seas or abroad); the immunity of foreign states and their representatives from the jurisdiction of Israeli courts and from measures of execution; the status of international organizations and of their employees; the effect and implications of official acts performed within the territory of a state which is at war with Israel; the effect of international treaties in Israel; the question whether the Eastern neighbourhoods of Jerusalem are part of Israel; various issues concerning extradition, and of course, many questions regarding the laws of war: the powers of the military governor, and in particular his power to expropriate land in the territories under Israeli control and to expel residents from the territories, the extent of his legislative powers, etc.
9
Bredneva, V. S., I. V. Sazanova, and A. V. Bakunov. "General theoretical aspects of information legal relations: legal risks, threats and prospects." Siberian Law Herald 3 (2021): 3–8. http://dx.doi.org/10.26516/2071-8136.2021.3.3.
Full textAbstract:
The content of information in legal relations is expanding due to the achievements of the scientific and technical process and the emergence of new ways of working with legal information. It was found that within the framework of the theory of state and law, it became necessary to formulate general provisions and laws that are applicable to all industries. The main categories of industry-wide character are: information, information security, information technology. The science theory of state and law is designed to develop approaches to understanding and interpreting general theoretical categories and their relationship (personal data and the right to privacy; the limits of using information about a person and citizen and the right to entrepreneurial activity, etc.). It is concluded that information legal relations are characterized by a high risk of negative legal consequences. A hypothesis is stated about the potential of information legal relations to change legal practice in all sectors in the future. One of such technologies has been investigated - blockchain, the legal status of which is not clearly defined. Legal information relations need to be analyzed at the doctrinal level, it is recommended to anticipate a new pool of problems and threats in advance in order to find universal ways to prevent them, suitable for all branches of law. The science “theory of state and law” has the potential to make forecasts for the development of state and legal phenomena, taking into account new technical realities.
10
Karpov, K. A. "The Main Stages in the Development of Financial Control in the Securities Market of Japan." Actual Problems of Russian Law 16, no. 10 (November 20, 2021): 20–27. http://dx.doi.org/10.17803/1994-1471.2021.131.10.020-027.
Full textAbstract:
A securities market plays an important role in the distribution of financial flows. In connection with the insufficient development of the stock market in our country, the author considers it is appropriate to refer to the experience of financial and legal regulation of the relations under consideration in foreign jurisdictions. The paper is devoted to the genesis of financial control over activities in the Japanese stock market. The author identifies three periods. Attention is paid to the main state bodies, as well as self-regulatory organizations exercising financial control in this area, their legal status, powers, etc. In addition, the paper examines the positive experience of Japan in the field of financial and legal regulation of the cryptocurrency market. The paper analyzes the powers of the Financial Services Agency to carry out the relevant functions, as well as the role of self-regulatory organizations that have the right to exercise control over cryptocurrency exchanges and prosecute violators of the laws.
11
Furgan Shirali ogli., Abdullazade. "Quintesence of linguistic examination as an integral component of the legislative process of Ukraine." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (August 2020): 275–81. http://dx.doi.org/10.33663/2524-017x-2020-11-47.
Full textAbstract:
The article examines the essence and importance of linguistic expertise as an integral part of the legislative process. In particular, it has been established that in world practice, linguistic control of rulemaking is a compulsory phenomenon. However, the legal status of the linguistic expertise of the draft laws has not yet been determined in Ukraine. It has been found out that linguistic examination of draft laws involves studying the system of linguistic representation of legal concepts and categories in normative legal acts, application of basic methods of legislative style, as well as methods of complex linguistic and stylistic processing of legal texts, editorial analysis. The object of linguistic expertise is linguistic units of different levels (word, phrase, sentence, complex semantic, text). Its main task is to prevent violations of language rules in the text of the draft law. We are talking about linguistic errors in draft normative acts, semantic ambiguity, inaccuracy and ambiguity of formulations, tautology, grammatical errors, etc. It is established that the introduction of linguistic expertise of bills is an effective method of ensuring the quality of legislation. At the same time, it is emphasized that it is inappropriate to prepare draft laws on contractual, including paid basis by appropriate scientific and research institutions at the expense of penalties from those MPs who do not attend meetings of the Verkhovna Rada of Ukraine. In view of this, it is proposed to create a structural unit (committee) in the Verkhovna Rada of Ukraine, which would professionally carry out linguistic examination of bills. This structural unit should be formed in the light of positive foreign experience. In particular, it is proposed to include philologists and jurists in its composition. After all, as the foreign experience has shown, the cooperation of linguists and jurists will give an opportunity to comprehensively approach the improvement of legal language. In addition, it was stressed the need to consolidate the requirement of linguistic expertise in the content of the draft Law of Ukraine «On Laws and Legislative Activity». Key words: linguistic expertise of normative legal acts, linguistic expertise of the draft law, legislative process, Verkhovna Rada of Ukraine, quality assurance of legal regulations.
12
Stepanyk, Y. O. "The concept and place of competition law in the legal system of the EU." Analytical and Comparative Jurisprudence, no. 4 (April 28, 2022): 372–76. http://dx.doi.org/10.24144/2788-6018.2021.04.65.
Full textAbstract:
In the framework of modern reform of competition laws in the European countries, that has arisen due to increasing attention to markets in the field of IT services, in particular software and IT-solutions for business, the nature of competition law and its place in the legal system of each separate state became as one of the most topical issues. Such features are revealed through several characteristics, including the peculiarities of historical development, the level of market concentration, the development of individual industries etc.
Even though the fact that basic principles of the competition regulation in the European Union are stipulated at the supranational level, their historical basis is the process of development of competition law in individual Member States. The existence of two models of competition regulation at the theoretical level, i.e. European and American, allows, in turn, to distinguish such concepts as "competition", "antimonopoly", "antitrust" and "cartel" law. By the way of definition of the range of legal relations, the question arises as to the affiliation of competition law to the public or private sphere. Due to the specifics of the subject of regulation, the issue of the place of competition law in the general legal system remains open, which leads to a large number of problems, both on the theoretical and practical levels. As for the example, we can indicate, inter alia, the definition of the status and scope of powers of authorities, the nature of sanctions imposed in a result of violation of competition laws and the nature of such liability. In addition, there is a question regarding the nature of the processes carried out within consideration of cases of violation of the legislation on protection of economic competition or review the applications for granting approval on concentration or concerted practices, participants’ rights and obligations in such processes, etc.
13
Kakitelashvili, Mikhail M. "Prosecutor’s office in the system of public authorities in the CIS countries." Russian Journal of Legal Studies 6, no. 3 (April 1, 2020): 131–37. http://dx.doi.org/10.17816/rjls18999.
Full textAbstract:
The article reveals the place of the prosecutors office in the system of separation of powers of these states based on the analysis of the constitutions and legislation of the member states of the Commonwealth of Independent States. The purpose of the article is to determine the best ways to improve the legal status of the prosecutors office to increase the effectiveness of the Russian prosecutors office.
The objectives of the study are to identify the general and particular in the legal status of the prosecution bodies of the CIS member states, to identify the main trends in the development of the institute of prosecution in these countries.
The object of the research was social relations defining the place of the prosecutors office in the system of state power, and the subject was directly the norms of law governing the activities of the prosecution authorities and the practice of their application. The research methodology is general scientific methods of cognition (dialectical, analysis and synthesis, modeling, etc.). The article contains a comparative legal analysis of constitutions and laws on the prosecutors office of the CIS member states. The author comes to the conclusion that international associations of prosecutors have a significant influence on the process of forming the legal status of prosecution authorities in the world. It is concluded that in the CIS member states there was no uniform model of prosecution bodies and, accordingly, there was no uniform approach to determining the place of the institute of prosecution in the system of separation of powers.
On the basis of the study, a tendency has been revealed to increase the influence of the President on the institute of the prosecutors office in a number of CIS countries. The author, after analyzing the laws of the CIS countries and Russian law enforcement practice, comes to the conclusion that it is expedient to adopt legislative and organizational measures aimed at embedding the Russian prosecution authorities in the system of presidential authority.
14
Yermakov, Yuriy. "Legal principles of implementation of migration administrative procedures." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 1, no. 1 (January 30, 2020): 251–57. http://dx.doi.org/10.31733/2078-3566-2020-1-251-257.
Full textAbstract:
The article deals with coverage of legal regulation of administrative procedures in the field of migration. It has been established that the legal regulation of the provision of administrative services in the field of migration is based on the subject matter of the normative legal acts in the sphere of: 1) citizenship, including the issue of acquisition of citizenship of Ukraine; types of services for citizens of Ukraine on departure abroad, etc .; 2) immigration - arrival in Ukraine or leaving in Ukraine in accordance with the procedure established by law of foreigners and stateless persons for permanent residence. The author has classified legal acts of the legal basis of administrative procedures in the field of migration should be as follows: laws of Ukraine to be adopted by the Verkhovna Rada of Ukraine. For example, Law of Ukraine of January 18, 2001 No. 2235 “On Citizenship of Ukraine”; Law of Ukraine of 21.01.1994 No. 3857I "On the Procedure of Departure from Ukraine and Entry of Citizens of Ukraine into Ukraine"; Law of Ukraine of November 20, 2012 No. 5492 “On the Unified State Demographic Register and Documents Confirming Ukrainian Citizenship, Identifying a Person or Special Status”, etc .; decrees and decrees of the President of Ukraine (for example, Decree of the President of Ukraine dated 25.08.2015 No. 501/2015 "On approval of the National Strategy in the field of human rights"; Decree of the President of Ukraine of 27.03.2001 No. 215/2001 "Issues of organization of implementation of the Law of Ukraine" On Citizenship Decree of the President of Ukraine №327 / 2015 "On the admission of the citizenship of Ukraine to Lortkipanidze G. as a person whose acceptance into the citizenship of Ukraine is of national interest for Ukraine", etc.; resolutions and orders of the Cabinet of Ministers of Ukraine (eg Verkhov resolution Council of Ukraine of 26.06.1992 № 2503-XII "On Approval of the Provisions on the Passport of the Citizen of Ukraine"; Decree of the Cabinet of Ministers of Ukraine of 21.01.1993 No. 793 "On the State Duty"; specimen form, technical description and procedure for registration, issuance, exchange, transfer, withdrawal, return to the state, destruction of the passport of a citizen of Ukraine for traveling abroad, his temporary detention and withdrawal”, etc.; 4) orders, instructions, regulations, etc. of central and local executive authorities (for example, to obtain administrative services for acquiring citizenship of Ukraine are governed by normative legal acts, including Order of the Ministry of Internal Affairs No. 715 of 16.08.2012; etc.).
15
Nelyuba, Anatoliy. "DISQUALIFICATION: BACKGROUND AND CURRENT STATUS OF THE TERM (inventory and codification sketch)." Terminological Bulletin, no. 6 (2021): 84–95. http://dx.doi.org/10.37919/2221-8807-2021-6-8.
Full textAbstract:
Modern Ukrainian legal terminology and nomenclature have their own distinguishing features, noticeable among them are disorder, inconsistency, non-normativity, which in turn cause functional inequality. Such features had a historical and contemporary basis: they are based on the achievements of the Soviet period (unfortunately, not always positive) and the achievements of modern times (often generated by language and legal illiteracy). A significant number of twists and disadvantages in legal terminology make a set (system?) of dangers and leads to a number of problems in both legislative and practices which use. Ukrainian scholars in the field of linguistics and law, practitioners, legislators have many tools and means in changing this situation. The task of this article is to illustrate one of the possible practical ways to avoid these and other problems – inventory and codification of terminology and nomenclature and means (ways) of their implementation. The article is concerned with the term disqualification, the history of the emergence and formation of which illustrates the processes and ways of Russification of Ukrainian legal terminology and language in general. Being unnatural, artificial, the word disqualification reveals a number of features that contradict the point of the term and terminology as a whole system: inconsistency of form and content, misinterpretation and lack of definition itself, lack of system-forming properties and, consequently, inability to be an element of hierarchy, inconsistency and incoherence of practical usage, polysemy, homonymy, generating adverse associativity, etc. The article presents the history of analyzed word emerging and ‘making’ it a term in lexicographic works (including terminological dictionaries), in legislative acts, in the practice of its usage. Taking into account the laws and rules of terms creation in the Ukrainian language, particularities of legal language and its functioning; the proper form and definition of the analyzed concept is offered, some consequences and results of consistent use of the offered term and its definition are named.
16
Metreveli, Lia, and Ia Alania. "The Value Aspect of Social Justice." Works of Georgian Technical University, no. 3(525) (September 23, 2022): 179–85. http://dx.doi.org/10.36073/1512-0996-2022-3-179-185.
Full textAbstract:
Most people today associate social justice with the equality of all citizens before the law, a decent wage, a high level of social security for people with disabilities, equal access to health care, education, culture, and etc. We analyze value aspects of social justice and define the importance and role of values in human life. The substantive relationship between the concepts of value and well-being is studied. Important aspects of social justice such as: social, legal and political are discussed separately. The demand for social justice in modern Georgian society is analyzed. An assessment of the role of social justice in the development of society is given. Analyzing the value aspects of social justice, we would like to point out that social justice is the category and working tool by which we evaluate various social and political phenomena, adopted laws, results of ongoing reforms, socio-economic status of Georgia, social groups and classes, distribution of public good and etc.
17
Dei, M., and A. Kochkova. "Peculiarities of insight of the European charter on the status of judges in the context of protecting their labor rights." Fundamental and applied researches in practice of leading scientific schools 28, no. 4 (September 1, 2018): 16–22. http://dx.doi.org/10.33531/farplss.2018.4.03.
Full textAbstract:
The paper is devoted to questions of legal regulation of the peculiarities of insight the principles of the European Charter on the Status of Judges in the context of their labor rights in accordance with the legislation of Ukraine. It is clear that the development of the rule-of-law state, the protection of human rights and the rule of law are impossible without the effective functioning of the legal system, where one of the components of the judicial system . That is why the relevant legal system must realize the decree where a person is of the highest social value, despite the fact that those who administer justice also need proper protection. That is, it should be noted that the rights of judges as employees, taking into account the specifics of their work and status, should also be protected by the state. In joining the European community of international law, special attention should be paid to certain international standards concerning regulating relevant issues, where the European Charter on the Status of Judges of 1998, adopted within the Council of Europe, which in its turn is declarative, places particular emphasis. This document concerns, for example, issues such as appointment, status of judges, career development, responsibility, termination of judge's powers, etc. The characteristic of this document in the context of the subject under study is that most of the decree is devoted precisely to the labor rights of judges. Obviously, such decrees have become a progressive push for appropriate changes to the laws of the member states of the Council of Europe, where Ukraine did not become an exception, especially in the context of reforming the judicial system.
18
Kniazevych, N. V. "HISTORICAL AND LEGAL ANALYSIS OF THE HEALTH CARE WORKERS’ LEGAL STATUS DEVELOPMENT." Medicne pravo, no. 2(28) (October 7, 2021): 9–17. http://dx.doi.org/10.25040/medicallaw2021.02.009.
Full textAbstract:
The administrative and legal status of a health care worker gives a possibility to determine his place and role in public administration and other public relations. The rights and responsibilities of health care workers are of great scientific and practical importance, especially in view of the ongoing health care reform processes in the country. Given this, it is important to study the peculiarities of the formation of certain rights and responsibilities of medical workers, which constitute their current legal status, over a significant period of history of the Ukrainian state.
The article provides a historical and legal analysis of the development of the legal status of a health care worker, the beginning of the establishment of the first norms of behavior and professional responsibilities of medical workers in Ukraine, as well as legal acts governing the legal regulation of the legal status of medical workers in different years of existence of the Ukrainian state. The importance of research in the context of modern health care reforms for the formation of its individual areas of implementation is emphasized.
In Ukraine, as in every country, the legal regulation of the legal status of health care workers has its own genesis. The field of health care dates back to the establishment of the statehood by East Slavic tribes in the ninth century and various subjects in the field of treatment were singled out. Thanks to the work of the first "doctors" of Kievan Rus, medical knowledge and skills were spread out, the foundations of deontological norms of behavior and professional responsibilities were formed, and the interest of the state authorities in providing medical care to the population appeared.
"Kyiv-Pechersk Paterik" contains a list of responsibilities of that time doctors that lived in monasteries, namely, they had to do menial work, caring for the sick; be tolerant in dealing with them; do not care about personal enrichment.
The first professional duties of a secular doctor were contained in the "Svyatoslav's Miscellany " in 1076, compiled for the Chernihiv prince Svyatoslav Yaroslavovich from the " Miscellany " of the Bulgarian King Simeon (X century). Among such responsibilities was the provision of surgical care - the ability to cut the skin, amputate limbs, burn wounds, fight suppuration.
The first basic act, which determined the legal status of medical workers was "Rules governing the professional work of medical staff" (hereinafter - the Rules), was approved by the SNC of the USSR on April 17, 1924. It established qualification requirements for medical positions. According to Art. 1 of this document, the medical staff included persons who had the qualifications of a doctor, dentist, obstetrician, assistant doctor, pharmacist, nurse or brother (medical), masseur. To hold the position of a doctor, it was necessary to obtain the appropriate qualification in a medical institute or university, or a higher medical school of the Union of Soviet Socialist Republics (hereinafter - the USSR) or the former Russian Empire. At the same time, such a right was granted to persons who had obtained medical education and the qualification of a doctor of medicine abroad and had passed an examination at a higher medical school in the USSR. Such professionals could engage in both medical practice and hold administrative positions in the field of medicine. Physicians, in agreement with the administration, were given the right to have a personal seal stating their qualifications.
The rules also determined the features of medical intervention (surgery, hypnosis, anesthesia, etc.). For example, a doctor had the right to use anesthesia only with the consent of the patient or in the case of his infancy or mental illness, or fainting of parents or guardians. In case of urgent surgical intervention, the doctor had to consult with a fellow surgeon. Otherwise, he had to make decisions alone. Doctors were required to report such medical interventions to health departments within 24 hours.
The health care system in 1969-1991 was based on the norms enshrined in the Fundamentals of the Legislation of the USSR and the Union Republics on Health Care (1969) and the Law of the Ukrainian SSR "On Health Care" (1971). (hereinafter - the Law), which emphasized that public health is one of the most important tasks of the Soviet state and the duty of all state bodies and public organizations. The basics of the legislation of the USSR and the Union Republics on health care served as a kind of legislative basis, on the basis of which other laws and bylaws regulating the health of citizens were subsequently adopted.
The law provided the duty to maintain medical confidentiality, which meant that doctors and other medical and pharmaceutical workers were not allowed to disclose information about illnesses, intimate and family life of citizens, which they found out as a result of their professional duties.
To sum up, we can identify the main historical stages of formation of the legal status of a health care worker:
1) IX century, the times of Kievan Rus - the first mention of the duties of that time doctors ("Kiev-Pechersk Paterik", "Svyatoslav's Miscellany " 1076);
2) The times of the USSR in 1919 - the first attempt to streamline medical activities and outline the legal status of medical workers, including the provision of certain social and material guarantees ("Rules governing the professional work of medical staff", approved by the USSR SNK April 17, 1924), Resolution of the SNC of the USSR "On Improving the Situation of Medical and Sanitary Workers" of June 10, 1920).
3) 1969-1991, Ukraine in the Soviet period - strengthening democratic principles in public and state life, a new codification of Soviet law (Fundamentals of the legislation of the USSR and the Union Republics on health care (1969), the Law of the Ukrainian SSR " On health care "(1971))
Moreover, we can identify the basic principles of health care in Ukraine, which were formed over a long period of history of the Ukrainian state, due to the different legal and economic situation of the country and, due to historical and legal development that became decisive for the current legal status of medical workers. These are such principles as: recognition of health care as a priority of society and the state, availability and free medical care, democracy, provision of state guarantees, observance of medical secrecy, etc.
19
Vereitin, S. V. "Some Problems of Legal Regulation of Employer’s Labor Legal Personality as a Party to Contract." Bulletin of Kharkiv National University of Internal Affairs 94, no. 3 (September 29, 2021): 49–57. http://dx.doi.org/10.32631/v.2021.3.04.
Full textAbstract:
Scientific approaches to determining the employer’s labor legal personality within labor legal relations have been studied. The norms of the Labor Code of Ukraine and the drafts of the Labor Code of Ukraine in regard to labor legal personality of the corporate employer and the employer being an individual have been researched. It has been found out that the current Code of Labor Laws of Ukraine does not clearly define the moment of emergence of labor legal personality of the employer. Besides, labor law uses different terms to denote this aspect of the contract. It has been recommended to change all synonyms of the term of “employer” for the specified term in all acts of national legislation.
It has been stated that the employer can be any legal entity. The employer powers arise from the moment of state registration. Employer powers of legal entities are vested in officials (chiefs, directors, presidents, etc.) who are given the right to hire and fire employees. Separate divisions of legal entities may be employers, if the relevant legal entity delegates part of its authority to them in order to accept the dismissal of employees and the use of their labor.
It has been substantiated that we should rely on the full civil capacity of an individual while determining the employment status of the employer being an individual.
The author has offered to envisage the following norm in the Labor Code of Ukraine and in the future Labor Code of Ukraine: “An employer may be any individual who has reached the age of eighteen. An individual who has reached the age of sixteen and wishes to be engaged in entrepreneurial activity may be an employer with the written consent of the parents (adoptive parents), guardian or a guardianship authority. An individual has employment powers from the moment of state registration as an entrepreneur”.
20
Golubchikov, Yuri N., Alexey N. Gunya, and Matthias Schmidt. "Natural Differences in the Legal Dimension: Institutionalisation of the Northern and Mountain Regions of Russia." GEOGRAPHY, ENVIRONMENT, SUSTAINABILITY 15, no. 1 (March 28, 2022): 53–60. http://dx.doi.org/10.24057/2071-9388-2021-084.
Full textAbstract:
Natural differences in the regional development of Russia are presented in many legislative acts dedicated to the Russian Far North. In contrast, the unique nature and complexity of mountainous and high-mountain territories are protected only by a few regional acts. The reason for this lies in the complexity and multicomponent criteria required for assigning these territories the status of protected areas and in the fact that their boundaries do not correspond with administrative boundaries. The main materials underlying the article are legal documents (regulations, laws, etc.) concerning the institutionalization of the northern and mountainous territories. A comparative analysis of regional policy in relation to mountainous and northern territories takes into account similar criteria, such as vegetation types and patterns, forest borders or crop frontiers. Almost two-thirds of the territory of Russia refers to the North and more than half of the territory is occupied by mountains. The first attempts to institutionalize the North were undertaken in the 1930s, while the programmes for the development of mountainous territories gained legal support only at the end of 20th century and only in some regions. The most important difference between the institutionalization of the North and the mountains is the fact that the state initiated the creation of special legal conditions for the North. In the case of the mountains, the initiator was the public, initially at the regional level. Currently, three constituent entities of the Russian Federation adopted laws on mountain areas, but so far there are no all-Russian laws. The main lobbyists are the North Caucasian regions, while the Siberian regions (with the exception of the Altai Republic) are rather passive in discussing mountain issues. The elaborated legislation for the North seems to be closely related to the potential and realised income from natural resource extraction. For this reason, corresponding legislation for the mountain regions is not expected particularly soon, due to the lack of legal resources. Efforts aimed to provide legal support for mechanisms that compensate the socio-economic discrepancies between mountainous areas and more developed “flat places” should take into account the experience of institutionalizing the Northern territories of the Russian Federation.
21
Kositsin, Igor A., Alex Maile, and Yurii P. Shevchenko. "Features of the Application of Measures of Public Coercion in Relation to Persons With Special Legal Status." Vestnik Tomskogo gosudarstvennogo universiteta, no. 470 (2021): 235–41. http://dx.doi.org/10.17223/15617793/470/29.
Full textAbstract:
In the Russian Federation, there are categories of public and civil service positions that provide officials with certain legal immunities. These immunities protect their bearers from interference in their activities by external authorities. The President of the Russian Federation, members of the Federation Council, deputies of the State Duma, and judges are protected on the basis of the Constitution of the Russian Federation. Federal laws grant immunities to a significantly larger number of government officials and public servants. These include: the Commissioner for Human Rights in the Russian Federation, the President of the Russian Federation, who has terminated his powers, jurors, arbitrators, the Chair of the Court of Accounts, the Deputy Chair of the Court of Auditors, the auditors of the Accounts Chamber, prosecutors, the Investigative Committee staff, legislative (representative) deputies of the government bodies of the constituent entities of the Russian Federation, deputies, members of elected local government bodies, elected local government officials, registered candidates for the representative bodies of local self-government, and elected officials of local self-government in the Russian Federation. Separate elements of such protection are provided for certain categories of officials who are on duty: employees of the Federal Security Service of Russia, the Federal Guard Service of Russia, Rosgvardiya. The declared special procedure for detention (or its prohibition), bringing, record, search, etc., as well as the special procedure for bringing to administrative and criminal liability, is either absent at all or is incomplete, fragmented, and specific, without any reason, for each of the listed categories of persons. The obligation of the police to immediately release an these persons without any proceedings, explanations, or searches entails serious adverse and, most importantly, irreparable consequences. Particular attention should be paid to departmental rulemaking. The by-law must not be contrary to the law. Nevertheless, some administrative regulations, approved by orders of federal ministers, restrict the rights granted by laws. It is proposed to develop a unified procedure for special conditions for the application of coercive measures and administrative responsibility to these persons and its inclusion in the form of an independent chapter in the new code on administrative offenses. Based on a study of foreign legislation, the idea is expressed that it is undesirable to preserve the institution of immunity in Russian legislation, and it should be abolished for most entities.
22
Kairišs, Andris, and Irina Oļevska. "Development Aspects of Archaeological Sites in Latvia." Archaeologia Lituana 22 (December 30, 2021): 10–36. http://dx.doi.org/10.15388/archlit.2021.22.1.
Full textAbstract:
Archaeological sites as part of cultural heritage satisfy a broad range of interests of different stakeholders. Along with satisfying cultural, social, scientific, etc., interests, their role is no less important in strategic socio-economic development.Unlocking asocio-economic potential of archaeological sites requires clear vision of how to conserve and protect each particular site, how and by what means to maintain and manage the object as well as what to do with it next. It is widely acknowledged that archaeological sites, in particular those having the status of archaeological monuments, play a socially important role, but their maintenance and development often require significant investment. While the laws make owners of archaeological sites, both private and public, solely responsible for conservation, restoration and maintenance of cultural monuments in their property, there should be appropriate mechanisms that mitigate the financial and legal burden and support owners along the way.Based on the review of legal regulation, scientific literature, information of the authorities and mass media, multiple expert interviews, consultations with professional archaeologists, and using an integrated socio-economic and legal approach to the researched issue, the article provides theoretical and practical insight into the actualities of archaeological heritage development potential in Latvia (making international comparisons) and possible solutions thereto.
23
Batanov, Alexander. "Сurrent legislative initiatives in the area of local self-government in the capital of Ukraine. Experience of expert analysis." Legal Ukraine, no. 11 (November 29, 2019): 10–20. http://dx.doi.org/10.37749/2308-9636-2019-11(203)-2.
Full textAbstract:
The article deals with the status of constitutional and legal support for the realization of the status of the city of Kyiv as the capital of Ukraine, as well as the conceptual problems of the current legislative initiatives in the sphere of local self-government and executive power in the city of Kyiv, using the experience of expert analysis. It is noted that over the years that have passed since the adoption of the legislative acts that determined the peculiarities and specifics of the organization and functioning of local self-government and executive power in the city of Kyiv, the corresponding relations have developed quite contradictory both in terms of the implementation of capital functions and activities of organizational structures of the city authorities, first of all, the Kyiv mayor, the Kyiv city council, the Kyiv city state administration, implementation of management in the districts of cities, etc. The set of objective and subjective reasons, legal, political and socioeconomic, internal and external factors, which necessitate improvement of legislative support of the organization and functioning of local selfgovernment and executive power in the city of Kyiv, are considered. A critical analysis of the drafts of the new version of the Law of Ukraine «On the Capital of Ukraine – Hero City Kyiv» is carried out (Reg. No. 2143 of 13.09.2019; Reg. No. 2143-1 of 19.09.2019; Reg. No. 2143-2 of 24.09.2019; Reg. No. 2143-3 of 24/09/2019). It is proved that these draft laws contain a number of conceptual shortcomings related to the regulation of metropolitan functions, the status of local self-government and executive power in the city of Kyiv, their tasks and competences, the place and role of the Charter of the territorial community of the city of Kyiv in the process of solving urban issues values, etc. The general conclusion is that the mechanism of implementation of local self-government and executive power in the city of Kyiv is extremely contradictory and inefficient, and modern legislative initiatives in the sphere of ensuring the status of the city of Kyiv not only eliminate the existing gaps and defects, but also create new problems of political, legal and socioeconomic, functional and institutional nature. Key words: capital of Ukraine, metropolitan functions, local selfgovernment, executive power, territorial community.
24
Khvan, R. M. "SUBJECT COMPOSITION OF THE MUNICIPAL LEGAL POLICY OF UKRAINE." Соціальний Калейдоскоп 1, no. 4 (August 20, 2020): 57–66. http://dx.doi.org/10.47567/bomivit.1-4.2020.05.
Full textAbstract:
The article examines the essence of municipal legal policy as a system of strategic management of self-governing activities. It is determined that the activity of voluntary associations of local self-government bodies as subjects of state municipal policy is one of the manifestations and forms of organizational independence of local self-government bodies in the implementation of the paradigm of regional interest. This independence is guaranteed by the Constitution of Ukraine, the European Charter of Local Self- Government, the laws of Ukraine "On Local Self-Government in Ukraine" and "On Associations of Local Self-Government Bodies". The essence and peculiarities of local self- government subjects, their separate categories, regularities and tendencies of development are investigated. It is emphasized that territorial communities directly or indirectly, their authorities, non-governmental organizations exercise their legal personality both within the state and abroad. It is determined that territorial communities are endowed with: the right to form relevant bodies through elections, general meetings of citizens at the place of residence; the right to hold local referendums, local initiatives, public hearings, individual and collective appeals, public examinations and discussions, other forms of local democracy not prohibited by the constitution; the right to manage local budgets, movable and immovable property of communal property; the right to conclude international agreements of profile orientation, etc. It is noted that the transition to the formation of municipal legal policy requires a radical overhaul of the entire ideology of local government, management technologies, decision-making practices and resource allocation. Prospects for the functioning and improvement of the status of local self- government entities have been identified.
25
Kopytsia, Ye M. "ECOLOGICAL NORMALIZATION IN THE SPHERE OF LEGAL REGULATION OF CLIMATE CHANGE PREVENTION IN UKRAINE." Actual problems of native jurisprudence, no. 06 (March 2, 2020): 47–51. http://dx.doi.org/10.15421/391992.
Full textAbstract:
The article carries out the analysis of scientific researches and current legislation in the sphere of prevention and combating climate change. It is determined that the basis for the development of effective national legislation in this area should be formed by the state climate policy. It is proved that the institute of normalization occupies a leading role in providing effective legal regulation in the sphere of prevention and combating negative environmental changes caused by climate change. It is proposed to define ecological normalization in the sphere of climate change prevention as an activity of the authorized state bodies in the development, establishment and implementation of the normative standards of pollutants affecting the climate (limit permissible values of greenhouse gas emissions) with the purpose of limiting and controlling the effects of climate change, preventing its change and ensuring a favorable environmental status as a whole. The article proves the necessity of making amendments to the laws of Ukraine “On protection of the environment” and “On protection of the atmospheric air”, as the initial stage of formation of legal regulation in the field of prevention and combating climate change at the national level, with the prospect of adoption of a special regulatory legal act in this area. Thus, the definition of the concepts of “climate” and “normalization in the sphere of climate change prevention”, as well as legal measures to prevent and combat climate change in Ukraine, which should include the development, installation and implementation of standards for emissions of pollutants affecting the climate (standards of greenhouse gas emissions) should be enshrined in law. Attention is drawn to the fact that the slow pace of development and adoption of regulations in the sphere of climate change prevention, the problems of implementation of the already adopted laws are due to the lack of a mechanism to take into account the problem of climate change and to provide conditions for reducing greenhouse gas emissions in other spheres of state policy, while developing national strategies and programs, etc.
26
Ngoc, Ha Thi. "The History of the Formation of Consumer Protection Legislation in the Socialist Republic of Vietnam." Proceedings of the Southwest State University. Series: History and Law 11, no. 5 (2021): 74–86. http://dx.doi.org/10.21869/2223-1501-2021-11-5-74-86.
Full textAbstract:
Relevance. In this work, the author examines the history of the formation of consumer protection legislation in accordance with the socio-economic circumstances in Vietnam in general and civil circulation in particular. Consumers are involved in civil circulation as subjects of civil law, however, they are considered a "weaker side" in relation to the counterparty. Consequently, the formation of a special legal mechanism is extremely necessary to protect the legitimate rights and interests of consumers. The aim of this work is to study the genesis and development of the legal institution for consumer protection in the Socialist Republic of Vietnam. The objectives of the study are to analyze important innovations in the 2010 Consumer Protection Act compared to the previous 1999 Consumer Protection Ordinance; define the concept of "consumer" under the laws of Vietnam and other countries, thereby establishing the most complete and clear definition of "consumer". Methodology. In the process of research, the author used general scientific methods of cognition (analysis, synthesis, deduction, induction) and special methods (comparative legal, descriptive, historical method, etc.). Results. Vietnamese consumer protection legislation establishes the relatively complete legal status of these participants in civil law relations, including their fundamental rights in accordance with UN guidelines, manufacturer's liability for violation of consumer rights and measures to ensure a legal mechanism for resolving disputes with con-sumers. Conclusion. Consumer protection is currently a fairly important institution in Vietnam, which is strictly regulated by regulatory legal acts and guaranteed by the state and its competent authorities. However, the concept of "consumer" should be clearly defined and consistent with the development of consumer relations in the modern market.
27
Voicu, Răzvan, and Lawrence G. Dominguez. "Facilitation Fish Migration above the Discharge Sill Located on the Ialomiţa River Near Cave Ialomicioara." Annals of Valahia University of Targoviste, Geographical Series 16, no. 2 (October 1, 2016): 44–58. http://dx.doi.org/10.1515/avutgs-2016-0004.
Full textAbstract:
AbstractLongitudinal connectivity restoration of watercourses is a major duty for scientists (biologists, hydro engineers, chemists etc.) that, by the means of technical exchange via conferences, projects, workshops, universities, and institutions demonstrate the major importance of a natural (non-anthropic) function of the lotic ecosystems. On the Ialomiţa River, the discharge sills located downstream from Padina chalet block the migration of some fish species, such as the brown trout (Salmo trutta) and the bullhead (Cottus gobio), prohibiting access to foraging areas and springs. Water Framework Directive 60/2000 / EC provides a legal framework for restoring “good status” of longitudinal and lateral connectivity of watercourses. Our proposed solution I can be applied to other discharge sills and dams sized between 3m and 6m high, and, where feasible can utilize existing power sources of some discharge sills. Solution II’s concepts allow the dimples inside the concrete plate to serve as a rest and recovery area for migratory species. Such benefits that ensure upstream/downstream fish migration while allowing discharge management to continue is unattainable in conventional systems. After solution II is applied the discharge sill does not lose any baseline characteristics while maintaining the original hydro-technical design objective, flood dissipation.
28
Papastatis, Haralambos. "The modern legal status of the Mount Athos." Zbornik radova Vizantoloskog instituta, no. 41 (2004): 525–38. http://dx.doi.org/10.2298/zrvi0441525p.
Full textAbstract:
The peninsula of Athos in Chalkidiki became a center of organized monachal life in monasteries in the year 963, when with the initiative of the Byzantine emperor Nichephorus Phocas the Monastery of Great Laura was founded. Since that time Mount Athos (=MA) became the "Holy Mountain" and has attracted the moral and material support of the Byzantine emperors, various Orthodox countries and the flock till today. During this long period of more then one thousand years, MA was armed with a privileged legal status, the existence of which continues till now. The legal status of MA is based on three foundations: I. The law of the Hellenic Republic, II. The Public International Law, and III. The European Law. I. Fundamental significance for the status of MA have the provisions of article 105 of the Greek Constitution. Then is the Charter of MA, which is drawn up and voted by the Athonite monachal authorities and afterwards ratified by the Ecumenical Patriarchate of Constantinople and the Greek Parliament. The Charter is a law of superior formal force in comparison to the other laws. According to the Constitution and the Charter, MA has an ancient privileged status and is a self-governed part of the Greek State, whose sovereignty remains intact. Spiritually MA is under the direct jurisdiction of the Ecumenical Patriarchate, direct in the sense that the Ecumenical Patriarch is also the local bishop of MA The territory of the peninsula is exempt from expropriation and is divided among the twenty Athonite monasteries exclusively. The administrative power lies in self-administration of the first and the second degree. The first is exercised by the ruling twenty monasteries. This number may not be changed, nor may their position in the preeminence, nor towards their dependencies (skates, cells, hermitages). Nowadays all the monasteries are coenobitic, i.e. the monks share a common life and have no private property. The monasteries are administered by the abbot, the Elders' Assembly and the Brotherhood. Second degree administration is operated by: 1. the Holy Community. It is comprised by twenty monks members, each of whom represents one monastery, 2. the Holy Community's executive organ is the Hiera Epistassia, which comprises four monks drawn annually from four monasteries in rotation. The leader of the Hiera Epistassia is called the First (= Protos). The Hiera Epistassis also performs specific duties as police force, police court and municipality of Karyes, the capital town of MA The legislative power is in the hands of: 1. The Holy Community as far as concerns the Charter of MA, 2. the Extraordinary Biannual Twenty-Members Assembly, which draws up the regulative provisions, and 3. the Greek State, as far as concerns: a) the rights and the duties of the (civil) Governor of MA, b) the judicial power of the Athonite authorities, and c) the custom and taxation privileges granted by the State to MA The judicial power belongs to: 1. the monastic courts (the abbot with the Elders' Assembly), 2. the Holy Community, 3. the Hiera Epistassia, and 4. the Ecumenical Patriarchate. The observance of the regimes is in the spiritual field under the supreme supervision of the Patriarchate and in the administrative under the supervision of the State, which is also exclusively responsible for safeguarding public order and security. These responsibilities of the State are exercised through the (civil) Governor of MA, whose rights and duties are determined by common law. All persons leading a monastic life in MA acquire the Greek citizenship without further formalities, upon admission in a monastery as novices or monks. Also persons who are not Orthodox Christians or they are schismatic Orthodox are prohibited from dwelling in MA II. The first international treaty that recognized an international protection of the MA status was that of San Stefano (1878), but only for the Russian monks. The Treaty of Berlin (also 1878) recognized the same protection for all the monks who were not borne in the Ottoman empire. Its article n? 62,8 was as follows: "Les moines du Mont Athos, quel que soit leur pays d'origine, seront maintenus dans leurs possessions et avantages ant?rieurs et jouiront, sans aucune exception, d'une enti?re ?galit? de droits et prerogatives". This provision was repeated in the special treaties of S?vres (1920) and then in the protocol of the Treaty of Lausanne (1923). These treaties safeguarded the rights and the liberties of the non-Greek monastic communi ties in MA as follows: "La Gr?ce s'engage ? reconna?tre et maintenir les droits traditionnels et les libert?s, dont jouissent les communaut?s monastiques non grecques du Mont Athos d'apr?s les dispositions de l'article 62 du trait? de Berlin du 13 juillet 1878". The same provision has been repeated in the Legislative Decree of 29.9/30.10.1923 "On the Protection of Minorities in Greece", article 13. III. Because a lot of provisions of the MA law are opposite to the principles of the European Union (for example the clausura to women, the special license in order to visit the peninsula, the taxation and customs privileges etc.), Joint Declaration n? 4 concerns MA was included in the Final Act (1979) of the Agreement concerning the accession of the Hellenic Republic in the European Economic Community, now-a days European Union. According to this Declaration, recognizing that the special status granted to MA, as guaranteed by the Greek Constitution, is justified exclusively on grounds of a spiritual and religious nature, the Community will ensure that this status is taken into account in the application and subsequent preparation of pro visions of Community law, in particular in relation to customs franchise privileges, tax exemptions, and the right of establishment. .
29
Mima, I. V. "Ideological manifestations of Christian-legal traditions in the legal system." INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, no. 12 (2021): 195–99. http://dx.doi.org/10.33663/2524-017x-2021-12-33.
Full textAbstract:
The process of development of various directions of objective scientific analysis of problems of the theory of the state and law is investigated; the analysis of transformational processes of Christian-legal traditions in the legal system is carried out. The author argues that the Christian legal traditions are a unique religious and social value, because they embody the fundamental principles of civilized organization of religious relations in society, their regulatory requirements. Christian legal traditions generalize national law at the level of the legal space, reflect the unity of the legal system, which fixes the legal individuality and identity of the country, which affects the formation of the national idea. The author notes that in modern society, Christian legal traditions, Christian legal traditions appear as a legal category, a phenomenon of legal culture, an element of the legal system and a component of the succession of law, which captures generalized legal experience, legal memory, legal knowledge and legal ideas. passed down from generation to generation as acceptable ways of organizing society, models of formation of the legal system, order in law, hierarchy of values in law, etc. The point of view that Christian-legal traditions can be characterized from the standpoint of traditionalism and modernism is substantiated. Socio-historical heritage is a liability of past traditions and a basis for the formation of new traditions. In general, modern society is characterized by the action of real Christian legal traditions, which combines authentic and non-authentic Christian legal traditions and socio-historical heritage in ensuring the heredity of social development with its previous stages. Authenticity is determined by the preconditions for the formation of Christian legal traditions in society, arising from the laws of the stages of its development. Inauthentic Christian legal traditions are created artificially and act as declared social norms that have not yet confirmed their value nature in the course of social practice. They are most often observed in societies undergoing transformational periods of their existence, during which there is a need for new methods of regulating social relations and means of community unification. Such Christian legal traditions can be used to fill gaps in the mechanism of social and normative regulation of social relations by connecting the past with new conditions and needs. In addition, Christian-legal traditions occupy an important place in the socio-normative organization of modern society, and during the historical process of development of society the content of Christian-legal traditions was influenced by ideological, cultural and socio-economic deformations of society. Christian-legal traditions as religious-normative principles ensure the realization of Christian-legal ideals and values in religious relations, their indisputable status in public life. Keywords: legal system, Christian-legal traditions, legal heritage, traditionalism and modernism, legal culture, legal consciousness, authentic and non-authentic Christian-legal traditions.
30
Villanueva-Cuevas, Antonio. "The Tourist Municipality In The Tourism Regulation Branch Of The Spanish Legislation." International Business & Economics Research Journal (IBER) 11, no. 13 (December 19, 2012): 1563. http://dx.doi.org/10.19030/iber.v11i13.7464.
Full textAbstract:
In the branch of the Spanish legislation that regulates local government, there may be a possibility of articulating a special legal status for those municipalities that have certain specific characteristics, which include intense tourism activity. These municipalities are characterized by having tourism levels that are quite high, which has led to, among other consequences, the existence of many second homes, hotels and other superior lodging establishments, which may include primary residences, and has led to the majority of their populations working mainly in the tourism sector. All of these special characteristics result not only in economic benefits for these municipalities; they also lead to a full range of problems for the aforementioned locales. Among these problems is, for example, the need to provide a high number of obligatory public services, which would be carried out by local residents, including cleaning, protection of citizens, public transport, health services, etc. In many instances, the costs for these services are the direct responsibility of municipal budgets, and in the last instance, it is the locals themselves who pay by way of local taxes. In order to solve these problems, several self-governing laws for tourism structure have anticipated the existence of tourist municipalities, which establish certain requisites for their declaration, and which detail a set of obligations and laws for said municipalities.
31
Hussain, Bilal, Hafiz Ghulam Abbas, and Khalid Hussain. "Legal Competency for Marriage: In an Islamic and Pakistan Law Perspective." Al-Aijaz Research Journal of Islamic Studies & Humanities 6, no. 1 (March 24, 2022): 12–24. http://dx.doi.org/10.53575/e2.v6.01.(22)12-24.
Full textAbstract:
Marriage in Islam is more contractual ('aqd') in nature than ceremonial or sacramental. This esteemed tie-up of spouses conveys legal rights and obligations to each spouse. The fabric of society is made up of family institutions. Islam places high value on establishing a balanced, well-behaved relationship between spouses for a happy home. Islamic jurisprudence considered its primary purpose to be to make intercourse lawful and to legitimate the resulting offspring in a matrimonial contract. For its formation, specific competency is required, including physical and intellectual. Islamic law defined the jurisprudential basis for marriage capacity and pended its determination on interpretation. It concerns gender, age, mental capacity, religion, relationship with each other, marital status, etc. The ultramodern way of life and the advancement of technological and scientific achievements have introduced alarming changes in family relationships also. Lack of a jurisprudential approach to marriage leads to imbalanced marriage contracts and results in disturbed marital life as well as for the children, the future generations. A jurisprudential approach to marriage contracts will resolve present contemporary issues such as child marriage, forced marriage, and polygamy. The current study looks at marriage competency through the lens of Islamic injunctions. It emphasizes the fundamental regulations governing the legality of marriage contract. This paper examines the legal capacity for marriage and outline the requirements for a marriage contract to achieve its true objectives. It also leads to increased success factors in marriage and fewer breakdowns in Pakistan. Furthermore, this study also analyzes the contemporary juridical approach to the marriage contract. It, finally, brings recommendations to review the marriage laws of Pakistan. This paper follows qualitative and descriptive research methodology along with an analytical research method.
32
SHEVCHENKO, SVITLANA. "Bullying and countering it in the educational space. Sociological analysis." Sociology: Theory, Methods, Marketing, Stmm. 2021 (2) (July 12, 2021): 116–35. http://dx.doi.org/10.15407/sociology2021.02.116.
Full textAbstract:
The article is devoted to the sociological analysis of the situation with bullying (prevalence, dynamics, connection with socio-demographic indicators) and counteraction to it (formal legal framework and real practices) in the modern educational space of Ukraine. According to 2018, the number of systematic bullers is 12.2%, the number of systematic victims — 15.7%. Thus, in reality, it is not about 67% (two thirds) of children and adolescents, as noted in the justification of many anti-bullying initiatives, but about a much smaller number of people who, however, are systematically bully or bullied by others. The connection between bullying and gender, financial status, health status, emotional state, and the presence of violence from adult family members was analyzed. The legal framework for combating bullying is considered. It is shown that significant obstacles to the implementation of anti-bullying laws are formalism, lack of qualified psychological staff and the practice of concealing the facts of bullying by the management of educational institutions. The article provides a list of real steps to combat bullying, which should lead to positive changes (online training, information campaigns, hotlines, etc.). International data on the evaluation of prevention programs are given. To be more effective, these programs must combine systematic monitoring and targeting of children and adolescents at high risk. Anti-bullying programs should not so much completely eliminate the phenomenon of bullying as bring it out of the norm, which is important on the way to the humanization of education. The necessity of further sociological researches in the field of cyberbullying is substantiated, as well as the necessity of assessing the real position of teachers.
33
Yu, Chen, and Jae-Wook Lim. "A Primary Research on Legislation of Leading Maritime City Development of Xiamen." Korea Association for International Commerce and Information 24, no. 2 (June 30, 2022): 179–216. http://dx.doi.org/10.15798/kaici.2022.24.2.179.
Full textAbstract:
Based on the relatively comprehensive evaluation system and definition constructed by Menon Economics and DNV in "The leading maritime cities of the world"[1], the government needs to consider shipping, finance and law, maritime technology, attractiveness&competitiveness when building a global leading maritime city five dimensions. This article will study from a legal point of view, taking Xiamen as a case study.
If Xiamen wants to build a leading maritime city of the world, the legislation of the sea is an area that cannot be ignored. The Xiamen Municipal Government is very concerned about areas that can significantly increase GDP, such as maritime technology and marine industries. While, insufficient attention has been paid to the Legislation of the Sea. Like Shenzhen's political status, Xiamen is a "Special Economic Zone" and "Independent Planning Status". The Xiamen government enjoys legislative powers beyond that of general cities. However, due to the late start of constructing the Maritime legal system in Xiamen, there are many shortcomings: marine lack of collaboration mechanism, lack of soft power of the maritime rule of law, etc. Therefore, the Xiamen Municipal Government should first understand the importance of the legislation of the sea and then make up for the shortcomings as soon as possible. While reasonably learning from advanced international experience such as British law, we should promote the process of China's "Basic Law of the Sea" legislation and promote the progress of Xiamen's legislation of the sea to promote Xiamen's relevant laws such as sea-related dispute settlement. The establishment of service institutions enables Xiamen to actively participate in the governance of the global marine legal system, enhance the public's awareness of marine legal affairs, and cultivate specialized marine legal elites. (Independent Planning Status： Municipalities with Independent Planning Status under the National Social and Economic Development. ) Under the background of Xiamen's concentrated resources to build the world-leading maritime city, this paper analyzes the challenges faced by Xiamen's marine economic development, combined with China's national strategy. It analyzes the current situation of Xiamen from the perspective of law construction. Learn from experience with U.K. marine-related law. The feasibility of legislation in Xiamen is analyzed.
The path of law construction is put forward: ① Constructing the legal system of the maritime rule of law; ② Constructing a settlement center for maritime disputes; ③ Paying attention to the global maritime rule of law governance; ④ Enhancing the soft power of the maritime rule of law.
Legislative suggestions for local governments are put forward: ① Clarify the development orientation of the marine economy; ② Form a planning system and structural layout; ③ Establish an incentive mechanism and supporting measures; ④ Form a financial support service system; ⑤ Formulate safeguard measures for coordinated development; ⑥ Clarify the content of Taiwan cooperation and international development.
34
Derkach, Е. М. "LEGAL ISSUES OF IMPLEMENTING THE INSTITUTE OF AUTHORIZED ECONOMIC OPERATOR." Economics and Law, no. 4 (December 6, 2021): 39–45. http://dx.doi.org/10.15407/econlaw.2021.04.039.
Full textAbstract:
The article covers current legal issues on implementing the institution of an authorized economic operator (AEO). The directions for developing the domestic economic and transport legislation are outlined. According to the International Monetary Fund data, supply chain disruptions have become a major challenge for the global economy since the start of the pandemic caused by COVID–19. Shutdowns of factories in China in early 2020, lockdowns in several countries across the world, labour shortages, as well as demand for tradable goods, disruptions to logistics networks have resulted in big increases in freight costs and delivery times. It is noted that the ongoing problems in the supply chain have caused some changes in the development of trade relations of Ukraine with other countries due to its transit state status. The institute of authorized economic operator was established in Ukraine according to the Law of Ukraine «On the amendments to the Customs Code of Ukraine on certain issues of functioning of authorized economic operators» adopted in October 2, 2019. It is emphasized that implementing the institution of the authorized economic operator corresponds to Ukraine’s obligations under the Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part. It is noted that more than 80 % of all customs clearance in the EU is carried out by companies with AEO authorization. A resident business entity as a participant of the international supply chain (including manufacturer, exporter, importer, customs representative, carrier, freight forwarder, warehouse keeper) may be authorized economic operators due to multi-stage conformity assessment system. In addition, the current legislation should be updated, in particular relevant provisions of the Economic Code of Ukraine, transport codes and laws in order to provide legal basis for authorized economic operators’ activities as the participants of freight transportation, as well as unifying the legal requirements for the AEO and carriers, freight forwarders, etc.
35
Yen, Nguyen Thi Hong, and Tran Thi Thu Thuy. "Ensuring the Rights of Vietnamese Migrant Workers in the Context of the Covid - 19 Pandemic." Journal of Contemporary Sociological Issues 2, no. 1 (February 23, 2022): 40. http://dx.doi.org/10.19184/csi.v2i1.27916.
Full textAbstract:
Broke out since December of 2019, the COVID-19 pandemic has become a global challenge that seriously affected the development of various economies in the world, including Vietnam. According to the Ministry of labour, War Invalids and Social Affairs of Vietnam (MOLISA), more than 5,000 migrant workers have to return home and risk losing their jobs and income. In addition, the migrant workers who still stay abroad are also subject to myriad difficulties in their lives and health situation, underemployment and reduced income, discrimination, prejudice and xenophobia etc. To clarify the legal and practices issues regarding protecting the rights of Vietnamese migrant workers in the context of COVID-19, the article focuses on analyzing (i) the status of Vietnamese migrant workers and the impacts of the Covid-19 pandemic on this group; (ii) the regulations of Vietnam related to the rights of migrant workers; (iii) the policies have been adopted by the Vietnamese Government to protect the rights of Vietnamese migrant workers during the pandemic, and (iv) recommendations for implementation of policies and laws to ensure the rights of Vietnamese migrant workers in similar circumstances.
Keywords: Human Rights, Migrant’s Rights, Covid-19 Pandemic, Vietnamese Migrant Worker, Labourer’s Rights.
36
Idami, Zahratul, Israr Hirdayadi, Qudwatin Nisak M. Isa, and Alfi Rahman. "Environmental Management Based on Islamic Sharia and Customary Law in Aceh." Fiat Justisia: Jurnal Ilmu Hukum 16, no. 3 (October 4, 2022): 253–68. http://dx.doi.org/10.25041/fiatjustisia.v16no3.2680.
Full textAbstract:
This paper discuss how Islamic and customary laws regulate environmental management in Aceh. A qualitative approach was used by implementing a normative juridical method. First, the data from various literature or references and documents were gathered related to the topic. It was then qualitatively analysed using the concept, constitutional and historical approaches, and Islamic environmental management regulations. According to the study's findings, the Islamic Shari'a and Aceh Customary Law cannot be separated, citing the hadith Maja "Adat ngon hukom lagee zat ngon sifeut." All customary law-based environmental management adheres to Islamic law. In the Prophet's hadith, whoever cut the sidr tree will go to hell. Under the customary law of Aceh, it is prohibited to cut trees tualang, kemuning, ketapang, etc in the forest. Except with Keujreun's permission. According to Aceh Customary Law, anyone who keeps livestock must be careful to keep them restrictions in opening land in a specific location, such as a spring source. All humans have the legal status of muhtaram in Islamic Law, not in an honourable sense. Still, their existence must be protected as living beings as well as lifeless beings, and all must be protected by their existence rights.
37
Agusmidah, Agusmidah. "Hak Ekonomi Perempuan: Pekerja Rumahan dalam Jangkauan Undang-Undang Ketenagakerjaan." Talenta Conference Series: Local Wisdom, Social, and Arts (LWSA) 1, no. 1 (October 17, 2018): 001–7. http://dx.doi.org/10.32734/lwsa.v1i1.133.
Full textAbstract:
Pekerja rumahan belum banyak dikenal dan keberadaannya tidak terlihat sebagai kelompok masyarakat produktif, bahkan data statistik tidak mengkategorikan perempuan pekerja rumahan sebagai golongan pekerja, tetapi sebagai ibu rumah tangga. Informalisasi pekerja rumahan berdampak pada kondisi kerja yang tidak menguntungkan, upah rendah, tidak ada kontrak kerja, tidak ada jaminnan sosial, jam kerja panjang, rentan atas resiko kecelakaan kerja, dsb. Tulisan ini dimaksud dapat menjawab persoalan hukum atas perlindungan pekerja rumahan, menggunakan data sekunder, dengan pendekatan perundang- undangan namun tetap diisi kajian sosiologi dan antropologi. Hasil penelitian menunjukkan kaburnya status hubungan kerja pekerja rumahan menyebabkan hilangnya sejumlah hak pekerja, dan keadaan ini merupakan dampak dari fleksibilitas hubungan kerja. Pemerintah tidak bisa menghilangkan tanggungjawab pengawasan dan perlindungan meskipun sektor informal belum tercakup sebanyak sektor formal dalam UU Ketenagakerjaan
Homeworkers have not been widely known and their existence is not seen as a productive community group, even the statistical data do not categorize women homeworkers as workers, but as housewives. Informalization of homeworkers has an impact on unfavorable working conditions, low wages, no employment contracts, no social security, long working hours, vulnerability to the risk of workplace accidents, etc. This paper was intended to be able to answer legal issues regarding the protection of homeworkers, using secondary data, with a legal approach but still filled with sociology and anthropology studies. The results of the study indicated that the blurring of the status of work relations of homeworkers caused the loss of a number of workers' rights, and this situation was an impact of the flexibility of work relations. The government could not eliminate the oversight and protection responsibilities even though the informal sector had not been covered as much as the formal sector in the Major Labour Laws.
38
Kamyshanskyi, V. I. "LEGAL ASPECTS OF DIGITALIZATION OF INTERNATIONAL TRADE THROUGH IMPLEMENTATION OF BLOCKCHAIN TECHNOLOGY (EXPERIENCE FOR UKRAINE)." Economics and Law, no. 4 (December 8, 2022): 31–42. http://dx.doi.org/10.15407/econlaw.2022.04.031.
Full textAbstract:
The article is devoted to the study of the peculiarities of digitalization of international trade through the introduction of blockchain technology and the identification of issues that require legal regulation for the implementation of the relevant process in Ukraine. It is emphasized that digitalization of international trade through the introduction of blockchain technology opens up opportunities for optimization of administrative trade procedures and stimulation of foreign trade activity, in particular, it allows modernizing and optimizing the work of “single windows” (including certification and customs clearance); cross-border data exchange between government agencies or authorities and economic entities; payment transfer system, etc. In turn, the use of smart contracts, built on the appropriate technology, can automate the compliance of stakeholders with various contractual obligations; and data (in the blockchain) — is a stream of reliable information about past transactions, as they remain unchanged after entry. This provides greater transparency and the ability to trace the movement of a product or document throughout the supply chain with a high level of security and immutability, as well as eliminates double spending (in particular, by using the same digital documents as collateral for financing, which is a common source of fraud in international trade. At the same time, blockchain technology is only a tool on the way to optimizing administrative trade procedures and stimulating foreign economic activity and can be used only if there is appropriate legislation. In particular, the issues of determining the legal status of the blockchain (in particular, the terminology — “blockchain”, “smart contracts”) and blockchain-based applications need to be settled. Analysis of international experience proves the lack of unified approaches in this area. This actualizes the need to intensify work at the global international level to address the above issues. It is also advisable for Ukraine to join this process. For the sake of end-to-end digitalization of trade and limiting the possibility of potentially conflicting individual approaches that could lead to further disconnection and barriers to trade, harmonization of domestic legislation in accordance with existing international documents (in particular, UNCITRAL model laws) is becoming important. Digital trade agreements (e.g., the upcoming Digital Trade Agreement between Ukraine and the United Kingdom) are one of the tools that will help to intensify actions in this direction. In addition, among the issues that require regulation prior to the introduction of blockchain technology in international trade are the following: (1) the procedure for entering data (in particular, ensuring their accuracy and completeness) to be transmitted and exchanged on the blockchain; (2) protection of the transmitted data, (3) responsibility for data entry and processing, as well as the legal algorithm for their correction in case of errors (in particular, it should be clearly defined whether it is possible to make changes to the code underlying the blockchain to correct errors and, if so, who has the right to do it), (4) dispute resolution procedure; (5) mutual recognition of documents/certificates issued (this will ensure that the algorithms used work accurately with the data entered and comply with specific (international and national) rules), etc., as well as recognition of electronic signatures and electronic documents (in particular, transfer documents, bills of lading, promissory notes, warehouse receipts, etc. On this basis, it is considered expedient not to adopt a separate legal act like the Illinois State Law “On the Implementation of Blockchain Technology”, but to modernize the existing laws of Ukraine: the Law of Ukraine “On Electronic Commerce”, the Law of Ukraine “On Electronic Documents and Electronic Document Management”, etc. These are the directions of further research. It is considered appropriate at the legislative level to allow the use of smart contracts, records and signatures protected by blockchain in the field of trade and to use the method of analogy of the law in order to extend the legal regime of electronic contracts and signatures to them, which is reflected in the law-making of certain foreign countries (in particular, the United States (New York State). It is proposed to develop and adopt legislation on the digitalization of economic policy in general and foreign economic policy in particular, taking into account the principles of functional equivalence and technological neutrality. This will protect domestic legislation from the need for constant amendments to take into account the emergence of new technologies.
39
Opawole, Akintayo, and Godwin Onajite Jagboro. "Factors affecting the performance of private party in concession-based PPP projects in Nigeria." Journal of Engineering, Design and Technology 15, no. 1 (February 6, 2017): 44–57. http://dx.doi.org/10.1108/jedt-09-2015-0058.
Full textAbstract:
Purpose Notwithstanding the remarkable market potential of the Nigerian economy for private investment, the current sociopolitical characteristics had necessitated a careful assessment to inform decisions in long-term investments. The purpose of this paper is therefore to evaluate the success factors that have a specific influence on private party’s performance in concession contracts in Nigeria. Design/methodology/approach Respondents involved in the study were participants in concession-based contracts in Southwestern Nigeria that included architects, estate surveyors, quantity surveyors, engineers and builders, accountants/bankers/economists and lawyers. These were selected using random and respondent-driven sampling (RDS) approaches. The research instrument adopted was a questionnaire that enlisted questions which were structured to ensure that the respondents have appropriate experience in concession-based projects and hold appropriate positions as decision-makers so as to give credence to collected data. The highest significant factors were identified through the relative significance index (RSI). By exploring factor analysis, the factors were condensed for discussion under appropriate component headings. The value of Kaiser–Meyer–Olkin (KMO, 0.755) measure of sampling adequacy tests carried out showed that the data collected were adequate for the factor analysis, and the Bartlett’s test of sphericity (χ2 = 1,799.339; df = 630; p < 0.001) was highly significant. Findings Factors influencing private party performance clustered under eight components, namely, technical, market maturity, political, legal, finance, procurement, incentive and regulation. However, component items including level of understanding of public–private alliance transactions, stability of exchange rate and provisions for reversion of policies were found to be highly significant. On the other hand, status of domestication and implementation of international laws/codes, predictability in legal regime and enforcement and extent of jurisdictional definition of land usage were least significant. Originality/value Findings would guide private investors in the preparation of robust investment packages that reduce risks and seemingly unavoidable opportunistic tendencies associated with public–private partnership projects in developing economies.
40
Tolstykh, V. L., and J. Aasi. "Palestinian citizenship: past, present, future." Moscow Journal of International Law, no. 4 (March 23, 2020): 31–45. http://dx.doi.org/10.24833/0869-0049-2019-4-31-45.
Full textAbstract:
INTRODUCTION. The article deals with the evolution of the Palestinian citizenship and the possibility of its development under the occupation of the Palestinian territories. Citizenship is a classic institution of public law and is perceived in a similar way in various legal systems. In this case, however, there is a very special phenomenon, the content of which is due to a number of historical, political and international legal factors.MATERIALS AND METHODS. The research is based on the analysis of Balfour Declaration 1917, UN Partition Plan for Palestine 1947, Agreement Oslo II 1995, Articles on Nationality of Natural Persons in relation to the Succession of States (ILC, 1999), Articles on Diplomatic Protection (ILC, 2006), Israeli law governing the status of Palestinians, nationality laws of the Arab states, political and regulatory acts of Palestinian institutions. The research methods include historical method, methods of formal logic, comparative method and various methods of interpretation. A significant part of the research is a comparison of positions of Israeli and Palestinian lawyers, as well as an analysis of various options for the development of the Palestinian citizenship.RESEARCH RESULTS. Currently, the status of residents of the occupied territories is determined by the Oslo II Agreement of 1995: the administrative powers are delegated to the Palestinian Authority; Israel retains the right of control. The resident status is not equivalent to the status of a citizen and is sui generis. This status implies a number of Israel’s obligations: to end it and provide a citizenship to Palestinians; recognize its international elements; transfer more powers to Palestinian institutions. The lack of regular citizenship makes it difficult for Palestinians to enjoy diplomatic protection from Palestinian institutions.DISCUSSION AND CONCLUSIONS. Presently, there are conditions for the establishment (declaration) of the Palestinian citizenship, which would fix a political connection sui generis, implying the rights of Palestinians to participate in administration of the occupied territories, their membership in a nation striving for self-determination, the right of Palestinian institutions to provide diplomatic and other protection, etc. This citizenship should be provided automatically, since it involves not naturalization, but consideration of existing social and vital ties of Palestinians to their people. The solution of the problem of diplomatic protection may consist in the development of customary law and the search for new tools, for example, protection on the part of international organizations.
41
Krupka, A., L. Duz, M. Kraliuk, and Ye Yakovlieva. "Judicial engineering and mechanical examination: practiceological approach." National Technical University of Ukraine Journal. Political science. Sociology. Law, no. 3(47) (January 29, 2021): 80–85. http://dx.doi.org/10.20535/2308-5053.2020.3(47).229484.
Full textAbstract:
The purpose of the article is to study and develop theoretical and methodological principles of forensic engineering and mechanical expertise, recommendations with the use of special knowledge in criminal and civil proceedings to prevent, detect, investigate and consider crimes related to the operation of machines, mechanisms, equipment and improvement of its methodology, substantiation and formulation of recommendations on legal assessment of results and increase of efficiency of use of conclusions of forensic examination in the course of proving. The methodological basis of the study are the laws and categories of the theory of cognition, in particular the provisions of materialist dialectics, which contributed to the realization of the purpose and tasks, subject, object, research issues in the context of interdependence of achievements and needs of practice. At the same time, the methods of formal logic (analysis, synthesis, deduction, induction, analogy, abstraction) made it possible to understand in more detail the content of the studied questions, the essence of the studied categories and phenomena was clarified by the system-structural method. The Ministry of Justice of Ukraine has created a new type (subtype) of forensic examination: “Mechanical Engineering” and forensic specialty 10.25 “Study of the technical condition and operating conditions of machines and mechanisms”, so the article formulates the basic concepts of forensic mechanical examination, namely : the basic questions which are solved by judicial engineering and mechanical examination are defined; tasks, subject, object, questions that give the opportunity to understand the essence and content of the expert activity of these studies; the tasks of a specific examination are distinguished from the tasks of other related types of examinations in this area. Complex problems facing the investigation / court determine the expediency of dealing with a wide range of topical issues on a scientific basis, taking into account the peculiarities of the study of technical condition and operating conditions of machines, mechanisms and equipment and create a new type of forensic engineering – mechanical engineering. In order to increase the efficiency and objectivity of investigations of crimes in the operation of machines, mechanisms and equipment, courts / investigators should, as necessary, conduct forensic examinations by engineers: technologists, mechanics, power engineers, metallurgists, etc., for which it is necessary to develop approach, scientific-theoretical and practical principles of forensic engineering and mechanical expertise.
42
Nemechkin, Vasily N. "Formation and development of international standards in the field of linguistic rights of indigenous peoples: historical and legal aspects." Finno-Ugric World 12, no. 2 (August 7, 2020): 194–202. http://dx.doi.org/10.15507/2076-2577.012.2020.02.194-202.
Full textAbstract:
Introduction. The main objective of this article is to study the historical and legal aspects of the formation and development of international standards in the field of linguistic rights of indigenous peoples. This topic is particularly relevant in connection with the proclamation of the period 2022–2032 International Decade of Indigenous Languages by UN General Assembly. Materials and Methods. The research methodology is based on a systematic approach that incorporates the historical, formal-legal, system-structural methods of scientific knowledge. The material was provided by the main international legal documents in the field of the linguistic rights of indigenous peoples, research by Russian and international authors on the legal status of indigenous peoples, and the protection of their linguistic rights in particular. Results and Discussion. Based on the analysis of international legal acts, the following can be distinguished among the linguistic rights of indigenous peoples: the right to preserve and use native languages in private and publicly; the right to education in the mother tongue; the right to create and have access to the media in their native languages; the right to recognize indigenous languages in constitutions and national laws; the right to a life free of linguistic discrimination and other rights. The article also discusses the main UN mechanisms and tools in the field of ensuring and protecting the rights of indigenous peoples. The protection of the linguistic rights of indigenous peoples is currently carried out by numerous specialized agencies such as UNESCO, United Nations Permanent Forum on Indigenous Issues, UN Expert Mechanism on the Rights of Indigenous Peoples, the Special Rapporteur on the rights of indigenous peoples and etc. An important mechanism for promoting the theme of languages of indigenous peoples, the unification of partners and resources for joint action around the world was the proclamation by the UN General Assembly of the International Year of Indigenous Languages (2019) and the International Decade of Indigenous Languages (2022–2032). Conclusion. At the level of the international community, it formed a serious understanding of the need to preserve and develop languages, the realization of the linguistic rights of indigenous peoples, which will be facilitated by the International Decade of Indigenous Languages.
43
Riabovol, L. "INTERACTION OF STATE LAW ENFORCEMENT BODIES: THE PROBLEM OF DEFINITION OF THE CONCEPT." Scientific Notes Series Law 1, no. 11 (November 2021): 75–80. http://dx.doi.org/10.36550/2522-9230-2021-11-75-80.
Full textAbstract:
The article analyzes the domestic legislation on the interaction of state law enforcement agencies and scientific papers on research issues. It is stated that the interaction of law enforcement agencies is to conduct joint activities, joint activities, provides a clear organization and implementation of specific management actions. Such interaction is directly provided by the laws, which determine the legal status of each individual law enforcement agency, and the specific conditions and procedure for interaction are regulated by the relevant joint regulations. The need and expediency of law enforcement cooperation is determined by the fact that such bodies have common specific goals and objectives and are authorized to use state coercion, therefore, the integration of their efforts, capacity, capabilities can significantly increase the effectiveness of crime and systematically ensure law and order. The concept of interaction of state law enforcement agencies is defined as purposeful, coordinated and systematized activities in the field of law and order in the state, the essence of which is to select and apply a set of legal, organizational, operational and tactical and other measures (timely detection, disclosure, suppression and prevention offenses, as well as to eliminate the preconditions and causes of illegal behavior), necessary and sufficient to ensure law and order in the state. Relevant joint activities include: the exchange of information on the fight against crime between law enforcement agencies within their competences and powers; study and dissemination of positive experience of interaction of state law enforcement agencies; creation of joint investigative and operational groups to investigate specific offenses; issuance by law enforcement agencies of joint regulations, instructions, recommendations for standardization and thus increase the effectiveness of their interaction, etc.
44
Hlyantseva, K. V. "Legal Regime of Information Owned by the National Bank of Ukraine." Legal horizons, no. 18 (2019): 66–70. http://dx.doi.org/10.21272/legalhorizons.2019.i18.p66.
Full textAbstract:
The article is devoted to the legal regime of information owned by the National Bank of Ukraine. The content of the concept of information is disclosed and its types are defined. The legal basis for disclosure of information owned by the National Bank of Ukraine is investigated and the aspects of protection are analyzed. Information is any information and/or data that may be stored on a physical medium or displayed electronically. The legislation defines the following types: information about an individual; information of reference and encyclopedic nature; environmental information; product information (job, service); scientific and technical information; tax information; legal information; statistical information; sociological information; other types of information. Information owned by the NBU includes information about an individual, namely information or a set of information about an individual that is identified or can be specifically identified; information about the debtor of the bank (and/or related persons); on credit operations of banks and on the status of the fulfillment of obligations under such operations, analysis and classification of loans; information on monetary and banking statistics; information on the ownership structure of banks and the composition of banking groups, bank executives. The legal bases for disclosure of this information are defined in the Laws of Ukraine “On the National Bank of Ukraine”, “On Banks and Banking”, “On Access to Public Information”, Regulations on the Credit Registry of the National Bank of Ukraine, etc. The regulation on the organization of information security measures in the banking system of Ukraine defines the following principles of information protection: the approach to information security should be systematic (comprehensive); the process of improvement and development of information security must be continuous and carried out by substantiation and implementation of rational means, methods, measures using the best international experience; safeguards against real and potential threats to the information security of the bank should be timely and adequate; ensuring the proper level of information security of the bank is impossible without the support and control of the bank’s executives; sustainable development of information security systems is only possible if resources, including financial resources, are sufficient. The features of information protection in banking systems are set by the National Bank. Keywords: the legal regime of information, information, open data, information with restricted access, information security, National Bank of Ukraine, credit register.
45
LIUBKINA, Olena, and Oleksandr TKACHENKO. "ON THE ISSUE OF IMPLEMENTATION OF INTERNATIONAL EXPERIENCE IN FINANCIAL ASSETS REGULATION: CRYPTOCURRENCIES." WORLD OF FINANCE, no. 4(65) (2021): 157–67. http://dx.doi.org/10.35774/sf2020.04.157.
Full textAbstract:
Introduction. The digitalization of the economy is closely linked to the formation of an effective legal framework. Any development or operation of digital instruments must be accompanied by appropriate financial and legal regulation. The study of the functioning of digital financial assets allowed us to conclude that, unfortunately, their rapid development is observed against the background of the lag of regulatory regulation of the relevant legal relations that are formed as a result of such activities. A critical scientific analysis of international experience in the field of financial regulation of cryptocurrencies has identified a number of key generalizations. The purpose of the article is to identify the main markers of digital financial assets, study international experience in financial regulation of virtual assets, including cryptocurrencies, identify opportunities to implement positive foreign practices to Ukrainian realities and diagnose the current state and prospects of cryptocurrency in Ukraine. Results. The specific characteristics of digital financial assets are substantiated, namely: freedom of issue, availability of cryptocurrencies, absence of intermediaries, high degree of protection, openness to developers, integration with the latest technologies that produce new digital products. The international practice of state regulation of cryptocurrencies is generalized in terms of both the interpretation of the conceptual apparatus and in view of the qualification of the mechanism of conducting operations with digital assets. It is proved that in Ukraine from the point of view of legal regulation of cryptocurrency is still outside the full framework of the legal field of domestic legislation. The main innovations and specifics of regulation of the market of virtual assets in accordance with modern Ukrainian realities are determined. Conclusions. The difference between national laws in the field of regulation of virtual assets is proved. It is argued that the main vector of regulation is aimed at strengthening control over the transparency and accountability of transactions with virtual assets, cybersecurity and mandatory user verification. The main directions of increasing the settlement and trust in virtual assets are formulated: production of standards and rules of cryptocurrency circulation, in order to bring it to the rank of a competitive means of payment; consolidation of the official status of cryptocurrency; formation of an open ecosystem through effective interaction of all participants in the process of buying / selling cryptocurrency; formation of a legal trading platform for cryptocurrency circulation; support of information literacy of the population to understand the benefits and risks of virtual currency etc.
46
Kulynych, Pavlo. "Legitimate land interests and prospects of their implementation in the conditions of digitalization of land relations." Yearly journal of scientific articles “Pravova derzhava”, no. 33 (September 2022): 346–59. http://dx.doi.org/10.33663/1563-3349-2022-33-346-359.
Full textAbstract:
The article investigates the theoretical issues of implementation of legitimate land interests in the conditions of digitalization of land relations in Ukraine. The idea of introducing a category of interest in jurisprudence belongs to the prominent German lawyer Rudolf von Yering. Exploring the laws of law as a regulator of social relations in the late nineteenth century, he drew attention to the marked infl uence of public interests on its development. Rudolf von Yeering found that as society’s interests change, so does its rights. Modern legal doctrine is based on that implementation of the law is carried out both through the subjective rights of the parties to the relationship, and through their legitimate interests. Therefore, it has become quite natural to try to use theoretical developments on the legal nature of legitimate interests as an element of the legal status of participants in public relations to meet their needs. The Constitutional Court of Ukraine has ruled that the notion of «interest protected by law» should be understood as the desire to use specifi c tangible and / or intangible goods, as conditioned by the general content of objective and not directly mediated in subjective law simple legitimate permission, which is independent of subject to judicial protection and other means of legal protection in order to meet individual and collective needs that do not contradict the Constitution and laws of Ukraine, public interests, justice, fairness, reasonableness and reasonableness and other common law principles. So legitimate land interests as a legal phenomenon arise in the fi eld of land, environmental and some other relations governed by law. Only after the extension of legal norms to a certain range of land or other related social relations, a person as a participant in such relations may have legitimate land interests. In author’s opinion, an important legal source of a person’s legitimate interests in the fi eld of land relations is the acquisition of property rights and other land rights, as well as environmental rights (favorable environment, etc.), which cause a conscious, socially active person legitimate land interest. (For example, interest in keeping neighboring areas in good agricultural, aesthetic condition, etc.). After all, land use, including agricultural, is increasingly beyond the interests of the subject of ownership or the right to use the land and interferes in those areas of public relations that aff ect the interests of other individuals and society in the face of the state and territorial communities. Therefore, an important stage in the development of legitimate land interests has been the land reform that has started in Ukraine since the early 1990s. One of its key consequences was the formation of a system of land rights, which is based on the basic property right - property rights. Unfortunately, the land legislation of Ukraine has not yet formed a clear legal mechanism for the implementation and protection of legitimate land interests. Its absence was especially acute at the fi nal stage of land reform - the opening of the agricultural land market when competition between land rights and legitimate land interests of various subjects of land rights intensifi ed. In such conditions, administratively capable and economically strong subjects of land legal relations, especially large agricultural producers, try to ensure the formation of a legal environment in which their land interests would be dominant. At the same time, ignoring the legitimate interests of some participants in land relations – peasants – cannot be the basis for appropriate legislation, because the formation of a balanced legal system as a whole and eff ective land law cannot be done by ignoring the legitimate interests of any group of people. In our opinion, such legislative measures should be assessed as legal recourse, not legal progress. One of the most common legitimate land interests in the land law of Ukraine is a legitimate expectation of a certain land law result (actions, decisions, etc.). A legitimate expectation arises when, as a result of statements or promises made on behalf of a public authority, or as a result of established practice, a person has a reasonable expectation that the public authority will act in this way and not otherwise. In some cases, the legislative activity of the Parliament of Ukraine may be the object of legitimate expectations of landowners and users. Deepening the legal regulation of land relations in the context of their digitalization leads to the expansion of the sphere of origin and realization of legitimate land interests. One of the ways to deepen the legal regulation of land law is to increase the legally sensitive features of land as an object of land relations. This increase in these features takes place, when with the help of modern digital technologies new land qualities are identifi ed and recorded as legally signifi cant facts in electronic databases that are processed (summarized, combined, allocated, etc.) using modern digital services (software) including artifi cial intelligence. Thus, expanding the list and ensuring unlimited access to legally relevant information on the state and dynamics of land creates conditions for the emergence of new land interests, aimed not only at exercising individual land tenure, but also at maintaining land resources in good condition. In particular, the expansion of the sphere of legitimate land interests is conditioned by going beyond the neighborhood, when the object of such interests of the person are only adjacent (neighboring) land plots, and their acquisition of «digital» extraterritoriality. It should be noted that the expansion of the sphere of realization and protection of legitimate land interests may have certain negative consequences, such as confl ict of interest or «war» of interests. Therefore, to prevent such extremes, it seems appropriate to establish legal safeguards against the abuse of legitimate land interests. One of them may be the establishment of collective protection of such interests by a group of persons or their association in a public organization. Finally, it is concluded that the digitalization of land relations creates new challenges and opens new opportunities in ensuring the realization of the potential of land law through the mechanism of protection of legitimate land interests. Therefore, society must increase its legal «readiness» for the challenges and opportunities of the era of digitalization of land relations.
47
Нурматов, Мирголиб, and Mirgolib Nurmatov. "LAND FEES: A COMPARATIVE LEGAL ANALYSIS OF THE LEGISLATION OF THE REPUBLIC OF UZBEKISTAN AND THE RUSSIAN FEDERATION." Journal of Foreign Legislation and Comparative Law 3, no. 3 (July 10, 2017): 105–8. http://dx.doi.org/10.12737/article_593fc343cdd0b3.48268758.
Full textAbstract:
The article contains the analysis of the Constitution and laws of the Republic of Uzbekistan and the Russian Federation in the sphere of land ffes. The analysis is carried out on the basic provisions on land, environmental, tax and civil legislation. It defines the specific features of the system of payment for land in the studied countries. In article the essence of the principle of land fees uses as a basic principle of nature, the conditions of the item and requirements in the system of economic-legal mechanism. The essence of such purposes of the principle of fees, as replenishment, promotion of environmental management, improve the efficiency of environmental activities. The author studied the main forms of land fees in the legislation of the aforementioned countries and revealed a general economic and legal mechanisms of land fees in the legislation of the two countries. Also he determined the characteristics and the differences in the provisions of the Uzbek and Russian legislation on issues such as rent of land, the procedure for establishing tax rates for land, etc. As a result the author made a few proposals for improvement of the land legislation of the states under consideration. The most important features of the system of land tax in Uzbekistan were defined in present article such as species, the subjects of land tax, the single land tax, procedure of establishment, change and cancellation, the status of rents, assignments of benefits for a land tax, a specific system of differentiating land tax rates. There were also mentioned similar rules of the land, tax and civil legislation of the Republic of Uzbekistan and the Russian Federation in the sphere of land fees. It is concluded that the most democratic and liberal way of the formation of land value is the market price. It is proposed to fix the fee for any harm to the earth as a species of land rent.
48
Гончарук, Н. Т., and Л. В. Прудиус. "Formation and Development in Integral Competences of Local Council Deputies in Ukraine: Legal Aspects." Public administration aspects 7, no. 9-10 (November 25, 2019): 40–52. http://dx.doi.org/10.15421/151947.
Full textAbstract:
The legal aspects of formation and development if integral competence of local council deputies are analyzed in the article.There has been defined the concept of "integral competence of local council deputies such as knowledge, skills, capacities, and sometimes - other important qualities, ways and methods of their implementation into the activities of the local council deputies which are necessary for the successful and responsible fulfillment of their tasks and responsibilities. It has been determined that the profile of integral (pro-active, business-like) competence of local council deputies in Ukraine includes law-making, administrative and jurisdictional (organizational, executive, administrative, coordinative), control and supervisory, informational and analytical; economic (budgetary and planning, etc.), value-oriented (moral and ethical), social and psychological with communicative and consulting competences. The profile is designed mainly for the creative type of activity. The necessity to develop knowledge, skills and capacities of local council deputies to solve urgent problems of local self-government related to decentralization reform has been substantiated.It has been proved that the local council deputy must be highly professional in his/her field, capable to control changes, develop leadership skills, take risks, meet challenges of today. It has been emphasized necessary to provide continuous professional training to local council deputies for their mobility, prompt and effective response to the challenges of society in the context of development the paradigm shift within the state administration and local self-government.It is concluded that ensuring the effective activity of a local council deputy depends directly on his level of integral competence increasing through the vocational training. Leadership is an important component of integral competence. Leadership features include open-mindness and responsibility for self-actualization. The legal bases of formation and development of integral competence of the local councils deputies. There has been investigated defined by the Constitution of Ukraine, laws of Ukraine "On local self-government in Ukraine", "On the status of the local councils deputies " - concerning the content of the profile of integrative competence of local councils deputies in Ukraine, based on the distinguishing of empowerment and competences of the local self-government body; legislation defining the strategy and main directions of the further development of life-long adult education in Ukraine by means of formal, non-formal and informal education, namely: the National Doctrine of Education Development, the National Strategy for Education Development in Ukraine until 2021, the National Qualifications Framework, the laws of Ukraine “On Professional Development of Employees”, “On Employment of the Population”, “On Higher Education”, “On Education”. It is proved that the existing system of vocational training, based on European standards of education development, plays a key role in the process of the integral competence formation for the local councils deputies, and insurance of their continuous professional training. The have been analyzed the legal foundations of the vocational training system for the local councils deputies, which are defined by the Concept of reforming the system of vocational training for civil servants, heads of local state administrations, their senior deputies and deputies, local self-government officials and of local councils deputies under the date of December 1, 2017 No. 974-p , the plan of actiors for its implementation, as well as the corresponding Regulations on the vocational training system.
49
Minnikes, I. A., and I. V. Minnikes. "Historical interpretation in law: content and types." Law Enforcement Review 6, no. 2 (June 21, 2022): 5–18. http://dx.doi.org/10.52468/2542-1514.2022.6(2).5-18.
Full textAbstract:
The subject of the study is historical method of interpretation in law, its capacities and types. Despite the recognition of historical interpretation by legal science, there are no specialized works and there is no consensus on the content of this method of interpretation. Historical interpretation is considered both as an interpretation based on a previous rule of law, as an interpretation considering the conditions for the adoption of the norm, and as an interpretation based on the practice of applying the interpreted norm.The purpose of the study is to substantiate the authors' hypothesis that historical interpretation in law is an intellectual activity that involves clarifying the content of a legal prescription, achieved based on identifying legal and non-legal factors that both precede the creation of the norm and accompany its adoption. In addition, the authors set the task to identify those factors that should be taken into account in historical interpretation, as well as to classify the types of historical interpretation. The analysis of historical interpretation is made using scientific methods: induction and deduction, formal legal, comparative legal synchronous and diachronic methods.The main results, scope of application. Historical interpretation considers political, economic, social, and legal factors. Legal factors include the rules of law that preceded the interpreted norm, repealed acts, official and unofficial documents of law-making entities, draft laws, acts and the norms contained therein that accompanied the interpreted regulation, i.e. were adopted simultaneously with the interpreted norm, as well as other factors, such as the level of development of legal science and legal technique.The authors suppose that historical interpretation cannot be considered as a homogeneous way of interpretation. In reality, the historical interpretation in law can be carried out using different techniques and methods, in relation to heterogeneous legal prescriptions, and carried out by subjects with different legal status. Therefore, several grounds for classifyinghistorical interpretation are proposed. First, it is a classification that considers the connection of historical interpretation with the other ways of interpretation. According to this criterion, it is possible to divide it into a proper historical and a complex historical interpretation. Complex historical interpretation includes historical-systematic, historical-functional, historical-teleological, historical-legal, and historical-linguistic interpretation. Second, the basis may be the sources of law that contain the rules of law. On this basis, historical interpretation is divided into the interpretation of prescriptions of normative legal acts, legal customs, normative contracts, etc. Third, it is possible to classify the historical interpretation, depending on whether the rule of law is valid or not, into the historical interpretation of the rules that have lost their legal force and the historical interpretation of the rules of the current law. The latter, in its turn, is divided into the interpretation of the current legal norms of the current content and those legal norms that have not lost their force but are outdated in content. The fourth classification is based on subjects and includes historical official interpretation and historical unofficial interpretation.Conclusions. Correct approach to the concept and process of historical interpretation of the content of legal norms, as well as the choice of the type of historical interpretation helps in law enforcement, allows you to put forward scientific hypotheses, predict the further development of law based on historical knowledge of the interpreted norm, assess the possibility of reviving canceled acts in recurring socio-economic and political-legal situations.
50
Derevyanko, B. V. "REGARDING THE PROVISIONS ON THE RATE OF REMUNERATION OF LECTURERS, RESEARCHERS AND OFFICIALS OF THE EXECUTIVE AND JUDICIAL BRANCHES (IN THE CONTEXT OF EQUALITY OF PEOPLE UNDER ARTICLE 21 OF THE CONSTITUTION OF UKRAINE)." Economics and Law, no. 2 (August 9, 2022): 92–101. http://dx.doi.org/10.15407/econlaw.2022.02.092.
Full textAbstract:
The article’s purpose is to develop and propose a mechanism for partial implementation of the provisions of the legislation on financial support for the educational and scientific sphere and an increase in the prestige of scientific and pedagogical work. It is possible to achieve the article’s purpose through general research methods and special methods for studying legal phenomena and processes. The authors used the methods of analysis and synthesis, historical-legal and comparativelegal, formal-logical, and system-structural, etc. According to Article 21 of the Constitution of Ukraine, “all people are free and equal in their dignity and rights”. This does not mean that a lecturer, scientist, official, judge, military serviceman, or law enforcement officer should receive the same salary when performing tasks under martial law. This rule shows that the state should treat the economic rights of all people equally and treat them based on the same principles. The article presents analyzing the rules of part 2 of Article 61 Remuneration of Pedagogical and Scientific-Pedagogical Personnel of the Law of Ukraine “On Education”, paragraph I of part 2 of Article 36 Payment and Stimulation of Work (Training) of Scientists of the Law of Ukraine “On Scientific and Scientific-Technical Activities”, paragraph I of part 4 of Article 20 Money Support and Remuneration of Employees of the State Bureau of Investigation of the Law of Ukraine “On the State Bureau of Investigation”, part III of Article 135 Remuneration for Judges of the Law of Ukraine “On the Judiciary and the Status of Judges”, and other legal acts Ukraine. The provisions of the first two laws have been postponed until January 1 2023, and these provisions of the last two laws are being implemented. This indicates the existing discrimination of people on professional grounds in the state. It is proposed to amend the Law of Ukraine “On the State Budget of Ukraine for 2022” by the example of the rule from Part III of Article 64 Priority of Satisfaction of Creditors’ Claims of the Code of Ukraine on Bankruptcy Procedures: in the case of a budget deficit, the provisions of the legislation on the remuneration of employees of budgetary institutions, enterprises and organizations should be implemented for all such employees in proportion to the size of their salaries, depending on the available amount of budget expenditures for these items of expenditure. It is indicated that it is unacceptable for the legislator to postpone the deadline for the entry into force (January 1 2023) of the provisions of part 2 of Article 61 of the Law of Ukraine “On Education” and paragraph 1 of part 2 of Article 36 of the Law of Ukraine “On Scientific and Scientific-Technical Activities”. It is also proposed to correct the inappropriateness in paragraph I of part 2 of Article 36 Payment and Incentives for Work (Training) of Scientists of the Law of Ukraine “On Scientific and Scientific-Technical Activities” by a proposal to replace the last words of this rule “2020” by the phrase “calendar year”.