Artykuły w czasopismach: „Legal status, laws etc”

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Kopecký, Martin. "Důsledky trestního řízení pro postavení zaměstnanců veřejné správy". AUC IURIDICA 69, nr 4 (4.12.2023): 21–44. http://dx.doi.org/10.14712/23366478.2023.43.

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Laws regulating the legal status of individuals who professionally perform tasks of public administration (such as civil servants, police officials, appointed or elected representatives of administrative authorities, etc.) impose certain requirements on these individuals. One of these requirements is criminal integrity, which means that these individuals should not have a criminal conviction. The laws regulating the legal status of various categories of public employees differ in terms of whether they prohibit individuals convicted of intentional crimes from performing public tasks, or if they also include individuals convicted of criminal negligence. Furthermore, different laws handle the consequences of initiating criminal proceedings differently. This paper examines the laws that regulate the legal status of different categories of public employees and highlights the common elements and differences among these laws. The analysis concludes by outlining general rules that should be applied to all public employees.

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Schukin, Andrey I. "APPLICATION THE PERSONAL STATUTE OF A LEGAL ENTITY IN CIVIL CASES". Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, nr 39 (2021): 225–41. http://dx.doi.org/10.17223/22253513/39/17.

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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.

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Zembatova, B. V., i I. A. Yakovlev. "Problems of Cooperation between the Caspian States: Investment and Legal Aspects". Economics and Management 26, nr 10 (26.12.2020): 1080–91. http://dx.doi.org/10.35854/1998-1627-2020-10-1080-1091.

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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.

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Kaminska, Nataliia. "Authority of organs of constitutional jurisdiction on issues of international agreements: the experience of foreign states and Ukraine". ScienceRise: Juridical Science, nr 2(24) (30.06.2023): 4–10. http://dx.doi.org/10.15587/2523-4153.2023.283460.

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In the conditions of Ukraine's implementation of the status of a candidate for EU accession, post-war reconstruction, the Constitutional Court of Ukraine, along with other authorities, is entrusted with the important mission of affirming and implementing universal human values and international standards. The purpose of the article is a comparative analysis of the powers of the organs of constitutional jurisdiction on issues of international treaties, for which the following tasks must be solved: - to find out the state of regulation of the powers of organs of constitutional jurisdiction relating to international treaties in the Constitution of Ukraine and the constitutions of foreign states; - to generalize the trends and regularities of the constitutional and legal provision of powers of these organs in this direction; - to determine prospective directions of improvement of the constitutional and legal regulation of the powers of the ССU in the conditions of European integration. The methodological toolkit of the research consists of general scientific and special legal methods (dialectical, comparative legal, logical, epistemological, axiological, formal-legal, structural-functional, hermeneutic, statistical, prognostic, etc.), systemic, pluralistic, complex approaches, appropriate methodological principles The constitutional and legal regulation of the powers of organs of constitutional jurisdiction is carried out in the constitutions, in most states there are special laws (constitutional or organic) on the constitutional court (council, tribunal, etc.), which regulate in detail the functions, powers of these organs and their members, the order of formation, procedures of activity etc. The main powers of these organs include, inter alia, consideration of issues of compliance of laws with ratified international treaties, provisions of other acts, issued by central state organs, with the constitution, ratified international treaties and laws (prior and subsequent constitutional control). The scope of competence of the organs of constitutional jurisdiction of foreign states and their effectiveness is much greater than that of the ССU, so it is advisable to modernize it. In particular, the experience of Slovakia and Poland is worth noting, especially in view of their accession to the EU, the expansion of the competence of constitutional jurisdiction organs and certain procedures of their activities, including constitutional control over international treaties

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Minnikes, Irina. "Notes, Resolutions, and States in the System of Normative Legal Acts of the Russian Empire in the Early XIX Century". Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 8, nr 2 (16.05.2024): 205–13. http://dx.doi.org/10.21603/2542-1840-2024-8-2-205-213.

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In the early XIX century, the legal practice of the Russian Empire used several forms of normative legal acts. The legalized forms were provided for by Article 53 of the Code of Laws of the Russian Empire. The list included manifestos, decrees, instructions, etc. The author matched normative legal acts with the legal prescriptions that implemented them, as well as identified the forms of normative acts that were not provided for by the Code of Laws. The Complete Collection of Laws of the Russian Empire also contained some other forms of normative acts, not mentioned in the Code. These other forms included timesheets, posters, plans, journals, etc., approved by the Emperor. States, resolutions, and notes were the most popular variants. States determined the composition of a specific business entity or element of a state mechanism, e.g., a ministry, an office, a police or military unit, etc. Sometimes, they indicated positions and corresponding salaries. Resolutions were Emperor’s written responses to an action (message or act) of a government representative. Notes were proposals of specific measures and actions sent to the Emperor by a government representative. The Emperor gave them legal force with certain formulas, e.g., To Execute or So Be It. These forms of acts were quite wide-spread during the reform period. The article describes the place of states, resolutions, and notes in the system of normative acts, as well as provides their quantitative analysis.

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Batyushkina, Marina Vladimirovna. "Laws on Approval of Program-goal Documents: Genre Approach". International Journal “Speech Genres” 28, nr 4 (2020): 263–77. http://dx.doi.org/10.18500/2311-0740-2020-4-28-263-277.

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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.

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Pan, Guangxin, Tianfeng Guo i Junjie Xia. "On the Development Status and Strategy of Digital Currency of the Central Bank of China". Finance and Market 5, nr 4 (22.12.2020): 328. http://dx.doi.org/10.18686/fm.v5i4.2967.

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<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>

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Kakitelashvili, Mikhail M. "Prosecutor’s office in the system of public authorities in the CIS countries". Russian Journal of Legal Studies 6, nr 3 (1.04.2020): 131–37. http://dx.doi.org/10.17816/rjls18999.

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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.

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Lapidoth, Ruth. "International Law within the Israel Legal System". Israel Law Review 24, nr 3-4 (1990): 451–84. http://dx.doi.org/10.1017/s0021223700010025.

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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.

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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, nr 1/2020 (3.02.2021): 123–40. http://dx.doi.org/10.51204/hlh_20105a.

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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.

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Syzonov, Dmytro. "Advertising communication in the professional analysis of an linguistic expert". Current issues of Ukrainian linguistics: theory and practice, nr 45 (2022): 15–26. http://dx.doi.org/10.17721/apultp.2022.45.15-26.

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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.

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Vasilev, A. A., S. Groysman, Ya Stoilov i Yu V. Pechatnova. "HIERARCHY OF RUSSIAN LAW SOURCES: AN ANALYSIS OF LEGISLATION AND DOCTRINE THROUGH THE COMPARATIVE LEGAL PRISM OF BULGARIAN LAW". Вестник Пермского университета. Юридические науки, nr 3(61) (2023): 390–402. http://dx.doi.org/10.17072/1995-4190-2023-61-390-402.

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Introduction: the article analyzes the conceptual problem of the formation of the ‘law on laws’, evaluates different approaches to the study of the system of normative legal acts, formulates the prerequisites for the uniform legal regulation of the hierarchy of sources of law. Purpose and objectives: the aim of the study is a legislative and doctrinal analysis of Russian and Bulgarian law from the perspective of the development of the law on normative legal acts. To this end, the authors set the following research tasks: firstly, to study the hierarchy of law as a conceptual problem and object of legal regulation; secondly, to study the problem of the status of judicial sources; thirdly, to research the place of doctrine in the hierarchy of law; fourthly, to analyze legislative regulation of the hierarchy of law through the prism of application of doctrinal developments. Results: the article discusses various bills aimed at legal regulation of sources of law (1996, 2014, 2021). The authors analyze the Bulgarian law of 1973 ‘On Normative Legal Acts’, which is one of the earliest and most famous ‘laws on laws’ in Eastern Europe, as a positive experience of legal regulation of the hierarchy and system of normative legal acts. The paper describes the general characteristics of the systems of normative legal acts in Russia and Bulgaria. Similar features include the priority place of constitutional acts in the system of normative legal acts, the problem of interaction between international and domestic law, the essential importance of judicial practice for the development of legal systems, the secondary position of legal doctrine, discrepancies in the principles of law, controversial issues of the recognition of legal custom, etc. The authors analyze related problems of sources of law, the role of legal doctrine, the relationship between domestic and international law.

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Kologermanskaya, Ekaterina M. "Analysis of the Legal Regulation of the Use of Renewable Energy Sources in the Energy Law of New Members of the BRICS Intergovernmental Association". Energy Law Forum, nr 1 (marzec 2024): 91–100. http://dx.doi.org/10.61525/s231243500030176-1.

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The energy industry (including the use of renewable energy sources (RES)) is one of the most promising and investment-worthy areas at both national and global levels. For the member states of the BRICS intergovernmental association, this economy sector is also a platform for cooperation and interaction. On January 1, 2024, six new countries joined the association as full members: Saudi Arabia, the UAE, Iran, Ethiopia, Egypt, and Argentina. This article analyzes the national legal regulation of the use of renewable energy sources in these states. It should be noted that all members of the association have major differences in their technical and economic development, as well as in their statutory regulation of the energy sector in general and renewable energy sources in particular. However, these circumstances only substantiate the need to study the legal regulation experience of the BRICS member states. It should be said that the use of RES in the selected states is subject to government regulation, the parties to public relations associated with RES use, the legal status of RES-based electricity markets and power facilities have been defined, legal requirements for foreign investment in RES projects, etc. have been established. Thus, the analysis conducted focuses on promising legal measures that can be implemented in the national laws in order to improve and update it, as well as contribute to the international legal harmonization efforts.

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Kologermanskaya, Ekaterina M. "Analysis of the Legal Regulation of the Use of Renewable Energy Sources in the Energy Law of New Members of the BRICS Intergovernmental Association". Energy Law Forum, nr 1 (marzec 2024): 91–100. http://dx.doi.org/10.61525/10.61525/s231243500030176-1.

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The energy industry (including the use of renewable energy sources (RES)) is one of the most promising and investment-worthy areas at both national and global levels. For the member states of the BRICS intergovernmental association, this economy sector is also a platform for cooperation and interaction. On January 1, 2024, six new countries joined the association as full members: Saudi Arabia, the UAE, Iran, Ethiopia, Egypt, and Argentina. This article analyzes the national legal regulation of the use of renewable energy sources in these states. It should be noted that all members of the association have major differences in their technical and economic development, as well as in their statutory regulation of the energy sector in general and renewable energy sources in particular. However, these circumstances only substantiate the need to study the legal regulation experience of the BRICS member states. It should be said that the use of RES in the selected states is subject to government regulation, the parties to public relations associated with RES use, the legal status of RES-based electricity markets and power facilities have been defined, legal requirements for foreign investment in RES projects, etc. have been established. Thus, the analysis conducted focuses on promising legal measures that can be implemented in the national laws in order to improve and update it, as well as contribute to the international legal harmonization efforts.

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Jeong, Yeon-Hee, Woo-Je Lee i Ki-Youn Kim. "Investigation of the status of rest facilities at industrial sites and awareness of relevant laws and regulations of South Korea". PLOS ONE 19, nr 6 (7.06.2024): e0302654. http://dx.doi.org/10.1371/journal.pone.0302654.

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South Korea has faced many social issues due to long working hours, lack of rest areas, and poor rest facility environments for cleaners, security guards, department store workers, etc. Discussions have been ongoing about mandating the installation of rest facilities. From August 18, 2022, Article 128–2 of the Occupational Safety and Health Act, concerning the installation of rest facilities, was enforced. Consequently, employers in all industries are required to install rest facilities, and laws have been established to ensure these facilities meet certain standards. Accordingly, this study investigated the current status of rest facility installations and the awareness of the law’s enactment in Korean industrial sites. The results, analyzed by gender, age, managerial status, industry, and size of the business, indicated that younger people were less satisfied with the rest facilities. Managers were more knowledgeable about the legal regulations than workers. In the service industry, compared to other industries, smaller businesses were less likely to have rest facilities and were less aware of the legal regulations. The results of this study are expected to be used as basic data to help establish the rest facility installation laws in Korea.

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Stepanyk, Y. O. "The concept and place of competition law in the legal system of the EU". Analytical and Comparative Jurisprudence, nr 4 (28.04.2022): 372–76. http://dx.doi.org/10.24144/2788-6018.2021.04.65.

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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.

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Ivanov, S. Yu. "Legal status of national minorities on the Ukrainian territory in the 19th century". Bulletin of Kharkiv National University of Internal Affairs 99, nr 4 (21.12.2022): 49–57. http://dx.doi.org/10.32631/v.2022.4.04.

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The peculiarities of the formation and development of legal status of national minorities, who were on Ukrainian territory during the studied period and were engaged in various types of economic activity, as well as the influence of the general imperial and local legislation on certain aspects of the life of national minorities, have been investigated. The regulatory and legislative acts that determined the legal status of various national communities have been analyzed. The conditions and circumstances under which the process of forming the legal status of national minorities on the territory of Ukraine took place during the 19th century have been shown in general terms. Changes in imperial legislation have been demonstrated depending on the attitude of the current government to certain events in the empire, which ranged from providing comprehensive assistance and support to a restrained attitude, and sometimes to open persecution, introduction of economic restrictions, confiscation of granted lands, etc. This was the case with representatives of the Jewish, German and Polish national minorities. Particular attention has been paid to such legislative documents of various levels as the Regulations on the settlement of Jews, the Regulations on Jews, the Instruction of the Office of Guardianship of Novorossiysk foreign settlers, the Statute on foreign colonies in the empire, the Laws “On the lease of landed property to foreigners for up to 36 years”, “On restricting the right of Catholic peasants to acquire land property in nine Western provinces”, “On the analysis of the gentry in the Western provinces and on the arrangement of this kind of people”, Regulations on the Main Department of Colonists of the Southern Territory, etc. It has been shown that the imperial power fully supported the actions aimed at the gradual assimilation and Russification of national communities, increased social tension, thereby weakening the tendency of the formation of national political forces.

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Brezhnev, Oleg V. "Evolution of the status of constitutional justice bodies in the Kyrgyz Republic". Vestnik Tomskogo gosudarstvennogo universiteta, nr 476 (2022): 233–47. http://dx.doi.org/10.17223/15617793/476/26.

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The article analyzes the main trends and features inherent in the evolution of the status of constitutional justice bodies in the Kyrgyz Republic. The aim of this research is to identify both the common features characteristic of this process in the countries existing in the post-Soviet space and the specific ones due to the peculiarities of the state and legal development of Kyrgyzstan. In the course of the research, a comparative legal method was used to analyze individual elements of the legal status of the Constitutional Court and the Constitutional Chamber of the Supreme Court of Kyrgyzstan (organization, competence, status of judges, legal force of decisions, etc.) in accordance with the constitutions of the Kyrgyz Republic of 1993, 2010, and 2021, the laws in force that regulated the organization and procedure for the implementation of constitutional justice, as well as when compared with the development of this institution in the Russian Federation and other CIS member states. In addition, analytical, formal legal and other methods were used, which made it possible to formulate the main conclusions. Based on a systems analysis of the legislation of the Kyrgyz Republic on constitutional justice, decisions of the Constitutional Court and the Constitutional Chamber of the Supreme Court of Kyrgyzstan, a study of the works of leading Russian (N.V. Vitruk, A.A. Klishas, I.A.Kravets, M.A. Mityukov, et al.) and Kyrgyz (A.A. Arabaev, B.I. Borubashov, R.M. Myrzalimov, B.T. Toktobaev, et al.) scientists in this field, the main tasks to improve the organization and implementation of constitutional justice in Kyrgyzstan were identified. These include: consistent strengthening of the independence of the Constitutional Court from other public authorities; a more detailed delineation of the powers of the Constitutional Court and other courts related to normative control, taking into account the processes of the formation of administrative justice; a more detailed regulation of the procedures of constitutional proceedings, including procedural differentiation of the procedure for exercising various powers of the Constitutional Court, modification of the norms on the legal force, and the procedure for the execution of its acts, including recognition of a certain discretion of the Court in determining measures necessary for the implementation of its decisions; improving the procedures for written proceedings and expanding the further use of information and communication technologies in constitutional proceedings, etc. The implementation of these tasks should be associated with general measures to increase the level of political and legal culture in society.

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Loginova, Nadezhda, i 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, nr 4 (20.12.2021): 111–20. http://dx.doi.org/10.35750/2071-8284-2021-4-111-120.

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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.

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Bredneva, V. S., I. V. Sazanova i 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.

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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.

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Shopina, I. M. "Legal status of the Commander of the National Guard of Ukraine: historical and legal aspects". Uzhhorod National University Herald. Series: Law 1, nr 77 (27.06.2023): 47–51. http://dx.doi.org/10.24144/2307-3322.2023.77.1.7.

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The article establishes that the legal status of the Commander of the National Guard of Ukraine is a combination of his rights, duties, guarantees of activity, responsibility and peculiarities of relations with other structural elements of the security and defense sector determined by the Constitution and laws of Ukraine. The content of the legal status of the Commander is due to the fact that the National Guard of Ukraine, first of all, is a military formation. The constituent elements of the legal status under study are the elements inherent in the heads of military command and control bodies. The development of legislation regulating the legal status of the Commander of the National Guard of Ukraine can be divided into four stages: a) the period of laying the foundations for the functioning of military formations and law enforcement agencies of Ukraine, when the search for an optimal model for the distribution of powers between various state institutions was carried out (1991-1994); b) the period of clarifying the competence, structure and subordination of the internal troops of the Ministry of Internal Affairs and destruction of the National Guard of Ukraine (1995-2000); c) the period of opposition and legal conflicts related to the attempts of the highest political forces of the state to increase their influence on the National Guard of Ukraine and its Commander, which ended with the Revolution of Dignity and the disbandment of the internal troops (2001-2013); d) the period of restoration of the National Guard of Ukraine and the addition of the legal status of its commander with guarantees of activity inherent in the rule of law state and preventive mechanisms (2014 – etc.).An analysis of the legislation governing the legal status of the Commander of the National Guard of Ukraine allows us to identify the following pattern: the dominance of individual totalitarian tendencies in government contributes to the conciseness of the legal norms that determine the competence of this official. The development of democratic relations contributes to the specification of the rights and obligations of the Commander of the National Guard of Ukraine, the guarantees of his activities, the specifics of relations with the President of Ukraine, the Commander-in-Chief of the Armed Forces of Ukraine and other officials, as well as the establishment of legislative safeguards for the usurpation of power and the continuity of military command.

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Галактионов, С. А., i А. В. Кулаков. "LEGAL STATUS OF PRIVATE MILITARY COMPANIES IN THE RUSSIAN FEDERATION". Vestnik Samarskogo iuridicheskogo instituta, nr 1(52) (25.07.2023): 63–66. http://dx.doi.org/10.37523/sui.2023.52.1.009.

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Статья посвящена актуальным и дискуссионным в настоящее время вопросам, связанным с деятельностью частных военных компаний. Отмечается, что в последние три-четыре десятилетие значительно выросло количество частных военных компаний, а их совокупная численность стала превышать более пяти миллионов человек. Свою деятельность частные военные компании осуществляют более чем в 110 странах мира. Не является исключением и Россия, в которой функционирует более десятка ЧВК, наиболее известными из которых являются «Вагнер», «Редут», «РСБ Групп» и др. Несмотря на столь широкий географический охват и спектр деятельности, пересекающийся с государственными интересами, ни в России, ни в других странах нет единого мнения относительно статуса сотрудников ЧВК и их сотрудников. Правительства различных стран предлагают рассматривать сотрудников ЧВК в качестве комбатантов, гражданских подрядчиков, наемников-преступников. Подвергая анализу российские законопроекты и международно-правовые акты, затрагивающие рассматриваемую проблему, авторы делают вывод о необходимости принятия специального закона, регулирующего деятельность частных военных компаний, зарегистрированных на территории РФ. The article is devoted to topical and currently debatable issues related to the activities of private military companies. It is noted that in the last three or four decades, the number of private military companies has grown significantly, and their total number has exceeded more than five million people. Private military companies operate in more than 110 countries around the world. Russia is no exception, where there are more than a dozen PMCs, the most famous of which are Wagner, Redut, RSB Group, etc. Despite such a wide geographical coverage and a range of activities that intersect with state interests, neither in Russia nor in other countries there is a consensus on the status of PMCs employees and their employees. The governments of various countries propose to consider PMCs employees as: combatants; civilian contractors; criminal mercenaries. Analyzing Russian draft laws and international legal acts affecting the problem under consideration, the authors conclude that it is necessary to adopt a special law regulating the activities of private military companies registered in the territory of the Russian Federation.

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Karpov, K. A. "The Main Stages in the Development of Financial Control in the Securities Market of Japan". Actual Problems of Russian Law 16, nr 10 (20.11.2021): 20–27. http://dx.doi.org/10.17803/1994-1471.2021.131.10.020-027.

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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.

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Bilțiu, Pamfil, i Maria Șerba. "Contribuții la cercetarea „obiceiului pamântului” pe Valea Cosăului". Anuarul Muzeului Etnograif al Transilvaniei 35 (20.12.2021): 41–51. http://dx.doi.org/10.47802/amet.2021.35.02.

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Our study focuses on an important and interesting aspect of legal ethnology – the habit of the earth, that legal code of great complexity, including unwritten rules, meant to order the social, economic, spiritual, family life, etc., as established and they perpetuated in the archaic area of Cosău Valley from Maramureș County. At the beginning we focused, using the opinions of researchers, on the unwritten ancestral legal code, reflecting how the peasant conceives the idea of concept of justice, how it is resolved according to the rules of this ancestral code, then how its rules materialize in all sectors of village life. We also referred to the durability and resistance of the custom of the land over time, the way in which unwritten laws coexisted in feudal society along with written ones. A developed chapter was reserved for unwritten norms related to the complex of relations between the villagers, in which we emphasized the role played by the implications of the kinship system, then the relations between the villagers and the „village lights”. We have assigned a separate chapter for unwritten agrarian laws, many related to property, to the protection of wealth. We paid attention to the ways of associating the owners in order to be able to break through the work of the agricultural lands, which required a lot of increased labour force. We have assigned another chapter for the unwritten pastoral laws, the sheepfold having a complex status, with numerous rigorously observed norms. We referred to the role of the sheepfold chief in the observance of the unwritten norms from the statute of the sheepfold. Another chapter is about the unwritten norms of the complex of family life, with many normative provisions, some related to the protection of children, others to the complex of marriage, others focused on the relations between children and parents, etc. In our study we also included unwritten normative provisions related to the practice of certain trades or related to the obligations of the community to the calls of the village leadership. In this chapter, we paid attention to the normative provisions related to the transactions between the villagers. A developed chapter of our study is intended to judge the abuses committed by the guilty, due to the violation of the unwritten norms, in which we focused on those invested to apply them: the elderly, the lads’ group or by people with juridical and administrative roles in the rural community. We also did not omit the information related to the categories of punishments: fees. The study concludes with brief references related to the legal customs performed or punishments or the submission to the laughter and mockery of the village, the compensations in kind, etc. in the investigated space: Shouting over the village and „Herdetișurile”. Keywords: Cosau Valley, juridical rules, unwritten norms

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Dei, M., i 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, nr 4 (1.09.2018): 16–22. http://dx.doi.org/10.33531/farplss.2018.4.03.

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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.

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SALOID, Stanislav, Oleksandra KHLEBYNSKA i Iryna HOLTSOVA. "Organizational and legal ensuring the administrative activities of managers". Economics. Finances. Law 3/2024, nr - (29.03.2024): 13–16. http://dx.doi.org/10.37634/efp.2024.3.2.

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This paper is devoted to a thorough analysis of the legal basis for ensuring management activities in the conditions of modern Ukrainian legislation. The authors note that in the conditions of dynamic changes in the business environment, legal protection acquires strategic importance for making informed management decisions, minimizing risks and ensuring stable development of the organization. The administrative and legal status of the manager in Ukraine is analyzed in detail - his role and powers in the management system, subordination, implementation of the principle of single leadership, the scope of competence and legal responsibility. The main principles of legal support of the manager's managerial activity were considered. Among them, the principles of legality, responsibility, transparency, ethics, as well as mechanisms of internal and external legal regulation are analyzed in detail. Examples of its practical application are provided for each principle. The authors also pay attention to the influence of key branches of law on managerial activity. These are corporate, labor, tax, antimonopoly legislation, laws on the protection of intellectual property, on the protection of consumer rights, etc. The conclusions emphasize that in modern conditions management of the organization is impossible without comprehensive legal support. It makes it possible to make effective management decisions, avoid legal risks, ensure stability and development of activities. The paper examines the administrative and legal status of the manager, the principles and components of legal support for his activity from the point of view of modern Ukrainian legislation. A reasonable conclusion is made about the key importance of legal aspects for effective management.

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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, nr 11 (sierpień 2020): 275–81. http://dx.doi.org/10.33663/2524-017x-2020-11-47.

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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.

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Hameedi, Abdul Naseer. "Restoration/ Rehabilitation of Prestige in Islamic Sharia and Afghan Statutory Laws". American Journal of Law and Political Science 3, nr 1 (22.04.2024): 20–27. http://dx.doi.org/10.58425/ajlps.v3i1.249.

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Aim: Human dignity or being human in term of his/her soul, property, honor, status need to be respected. Unfortunately, sometimes it has been witnessed that human being is confronting outrage, accusation, abuse, humiliation, etc., that affects their soul, property, honor and status. These all acts are considered illegal and prohibited in Holy Quran, Hadiths and Jurisprudence. If a person is exposed to such disgraceful activities, his/her status has to be rehabilitated and restored. Both material and intellectual remedies are suggested and approved by Law, that scholars know it as General Rehabilitation/ Restoration of Prestige. Methods: The doctrinal research methodology and a descriptive, explanatory, and analytical research approaches were used in this study. It is worth mentioning that this study was entirely based on library sources. The sources are textbooks, scholarly published and unpublished journal articles, law reports, and online websites related to the research area. Results: This study found that most of the Afghan academicians and legal scholars believe that if someone’s prestige is affected due to a crime committed by others or itself, in both situation one’s prestige has to be recovered. That Islamic law indicates it as repentance and remorse though substantive law suggest two ways i.e. statutory rehabilitation/restoration of prestige and judicial rehabilitation/restoration of prestige. Conclusion: Human dignity and sympathy call for respecting others honor, prestige and privilege. If someone’s prestige and dignity is violated due to a cruel act, the perpetrator has to be convicted by court, that the victim’s prestige, privilege, and status is renovated and restored. Recommendations: As many people in Afghanistan are illiterate and do not know the importance of restoration of prestige, the judges should declare the principle of both law and court-based rehabilitation with the time lapse within their verdict and criminals will know the importance in the future.

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Buniak, Daria. "Constitutional Gender Anti-Discrimination Measures in European Model of Human Rights". Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 2020, nr 3 (6.11.2020): 245–56. http://dx.doi.org/10.21603/2542-1840-2020-4-3-245-256.

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The present research featured anti- discrimination laws used in EU countries. The research objective was to describe the categories of equality, non-discrimination, and protection against discrimination within the European model of human rights, as well as to analyze their effectiveness. The article focuses on domestic violence, gender discrimination in the political sphere, and the so-called gender laws, or laws on gender-based violence. Even in the modern world, women still remain subject to discrimination. This fact justifies the development of special laws to protect their natural rights. However, the exact extent of gender discrimination remains unclear. The author raises the question of effectiveness of such laws and other legal provisions. The research featured both constitutional norms and current legislation in cases its norms develop the constitutionally significant principle of non-discrimination, as well as the practice of constitutional review bodies, special bodies, and legal awareness. The work was based on the dialectical method (logical method, analysis and synthesis, modeling), as well as on some special methods (formal legal, historical, systemic, etc.). The formal legal method was used to analyze the gender anti-discrimination norms of legislation of EU countries. The specific-historical method helped to interpret the legal events and facts that shaped the modern constitutional protection measures. The system method was used to describe the legislation of the EU states. Equality is the freedom for a person to choose their identity and occupation regardless of behavior stereotypes imposed by their community. The European model of human rights concentrates on such constitutional and legal aspects of the fight against discrimination as the legislation reform and bodies of constitutional control. However, sometimes such measures fail and might be used for manipulation.

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Yermakov, Yuriy. "Legal principles of implementation of migration administrative procedures". Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 1, nr 1 (30.01.2020): 251–57. http://dx.doi.org/10.31733/2078-3566-2020-1-251-257.

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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.).

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Zaikova, S. N. "Administrative and legal transport security regulation features in the CIS member countries". Juridical Journal of Samara University 7, nr 2 (19.10.2021): 106–12. http://dx.doi.org/10.18287/2542-047x-2021-7-2-106-112.

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The article is devoted to the current problem of the security of the transport complex and participants in transport legal relations. The author notes that the state of legal regulation of the problem in question in the territories that were previously part of the USSR is of particular importance for ensuring transport security in the Russian Federation. The author analyses and compares the Russian and the CIS countries transport security administrative and legal support systems. Defining the elaboration level of the CISs member countries legislation in the field of transport security as well as problems, differences and contradictions, development of proposals for the terminology unification, forms and methods of cooperation based on the analysis of international legal basis (treaties, memorandums, protocols, agreements etc.), the author comes to the conclusion that not all CIS member states have adopted specialized laws on transport security. The content of the adopted and existing national laws has significant differences from the model law on transport security in terms of objectives, principles, basic concepts as well as administrative and legal means. Hence, the unification of national and international legislation is proposed that would ensure the coordination between the CIS member states in the field of transport security. The present research may be implemented if amendments are made into the legislation that regulates the stated sphere of legal relations.

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Letova, Nataliya V. "Features of legal personality of children". Gosudarstvo i pravo, nr 10 (2023): 125. http://dx.doi.org/10.31857/s102694520027963-0.

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In the article, the author considers the features of the legal personality of children due to their participation in relations of a diversified type (civil, family, procedural, labor), reveals the features of their legal capacity and capacity, presents the relationship between the subjective rights of the child and the specifics of his intersectoral relations arising in connection with his participation in a variety of relationships. The article formulates a conclusion about the need to take into account in the process of legal regulation of relations with the participation of children precisely the norms of a sectoral type, since they determine not only the content of his special legal capacity, but also allow specifying the meaning of the individual criteria of the child (age, gender, health status, social status and etc.) in the content of its legal personality.

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ADYGEZALOVA, Gyulnaz Eldarovna, i Petr Mihajlovich KURDYUK. "Trends in the ʼLivingʼLaw Development in Russia: The Lawmaking of Other Authorities". Journal of Advanced Research in Law and Economics 9, nr 1 (17.09.2018): 15. http://dx.doi.org/10.14505//jarle.v9.1(31).02.

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This article defines key directions of the lawmaking development in modern states that are conditioned by peculiarities of the legal development of society. The Presidential, Governmental and other executive authorities have particular importance for the legal regulation. Lawmaking problems remain relevant both in legal science and legal activity. Currently, there are many controversial issues in this area, including the correlation between the federal and regional lawmaking, application of sociological methods in the lawmaking process, observance of legislative techniques, identification of law-forming interests and provision of the balance between them, problem of law conflicts, etc. In this article we drew our attention to two real-life problems of the modern lawmaking process in Russia. In the first place, it is a hierarchical violation of statutory enactments on legal force. Secondly, it is an improper provision of laws with by-laws. In our opinion, the trends in the lawmaking development manifested in the Russian legal system are a consequence of the following factors: political, social and economic situation in the society; the state position on the international stage; internal processes of the law system development. This research mainly aims to identify trends in the development of the modern law making in Russia.

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Metreveli, Lia, i Ia Alania. "The Value Aspect of Social Justice". Works of Georgian Technical University, nr 3(525) (23.09.2022): 179–85. http://dx.doi.org/10.36073/1512-0996-2022-3-179-185.

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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.

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Nelyuba, Anatoliy. "DISQUALIFICATION: BACKGROUND AND CURRENT STATUS OF THE TERM (inventory and codification sketch)". Terminological Bulletin, nr 6 (2021): 84–95. http://dx.doi.org/10.37919/2221-8807-2021-6-8.

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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.

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Kobko, Ye V. "Legal regulation of national security in Ukraine: today’s challenges". Law and Safety 85, nr 2 (30.06.2022): 179–88. http://dx.doi.org/10.32631/pb.2022.2.17.

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The article is devoted to the study of the legal regulation of national security in Ukraine. Against the background of the full-scale invasion of Russia on the territory of Ukraine, this issue becomes particularly relevant and requires a more detailed and in-depth study. Moreover, in recent years, the raised issue is becoming more relevant not only on the territory of Ukraine, but also in the field of lively discussion at the international level, because modern legal, democratic states of the world seek to join forces in this direction. It is noted that the legal mechanism for ensuring national security in Ukraine is regulated by a system of laws and by-laws. In this area, the main regulatory documents of both state and international nature are singled out and analyzed. In particular, the public legal mechanism for ensuring national security in Ukraine is established in accordance with the Constitution of Ukraine. Its functioning and gradual development is ensured by a system of laws and by-laws, which can be divided into two groups: 1) those that directly regulate public relations in the sphere of ensuring national security and defense; 2) those that regulate other social relations and indirectly guarantee national security and defense. Sub-legal normative legal acts in the field of ensuring national security detail, harmoniously complement and specify the current legislation. The system of by-laws in the field of ensuring national security is largely branched and characterized by incoherence. The system of current legislation in the field of ensuring national security needs improvement in terms of Ukraine's integration into NATO. Taking into account international standards in the field of defense is an important factor in the recognition of Ukrainian society as a civilized member of the international community. The fundamental standards of ensuring national security are provided for in international acts in the field of human rights, which establish the conceptual foundations for the further formation of special international standards in various areas. The standards defined in international treaties on human rights were further improved in international security acts developed under the auspices of the United Nations, the Council of Europe, the OSCE, the European Union, etc.

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Zholobov, Yaroslav B., i Viktor N. Kornev. "Legal status of the president of the court as a judge and organizer of judicial activities: Structure and models". Vestnik of Saint Petersburg University. Law 12, nr 4 (2021): 921–34. http://dx.doi.org/10.21638/spbu14.2021.407.

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The article considers the structure of the legal status of the president of a general jurisdiction court in the Russian Federation. The authors show that the term “legal status” is much more appropriate for court presidents than “legal position” and “legal state”. A structure of the legal status of the president of a general jurisdiction court consisting of five elements is proposed: the procedure for appointment; guarantees of judicial activity determining the peculiarities of the court president’s legal status compared to other holders of state power; competence of the court president; procedure for activity termination; responsibility. The article shows that though the legal status of the president is derived from the legal status of a judge, it has significant differences since a judge is assumed to have experience in professional activities, unique personal qualities, organizational and communicative skills, and therefore it is necessary to consider the professional and titular legal status of the court president. The key challenges associated with the development of the legal status of the president of a general jurisdiction court in Russia are identified, such as the lack of a clear hierarchy of sources where international legal standards are present in regard to both a mandatory and advisory nature, various legal acts, decisions of judicial bodies, documents from the judicial community; many issues determining the legal status of presidents of general jurisdiction courts are duplicated in a number of sources; the powers of court presidents can be determined in documents that, at first glance, regulate completely different types of public relations (enforcement proceedings, combating corruption, preventing child neglect and juvenile offences, etc.). The work proposes ways to improve the regulatory framework governing the legal status of the president of a general jurisdiction court in Russia.

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Sokolovska, Irina. "World experience in legal support for the use of consumers-regulators in power systems". System Research in Energy 2023, nr 2 (9.06.2023): 83–101. http://dx.doi.org/10.15407/srenergy2023.02.083.

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The positive experience of using various technologies in power systems as consumers-regulators for energy management is shown, which helps to increase the reliability and stability of power systems, and also reduces the need for new generating capacities, including expensive peak ones. The world experience of legal support for the use of consumers-regulators in power systems at the international, national, and regional levels is considered, namely: directives and regulations of the 4th European EU Energy Package; laws of the USA about independence and national security, energy efficiency improvements, research and development for grid modernization, and the results of the programs developed based on them; laws and regulations of the U.S.A. states and Canada to promote energy savings and reduce greenhouse gas emissions through increased use of renewable energy sources (RES) and other new technologies; the effectiveness of the system of measures DSM (Demand Side Management). In these documents, an important role is assigned to both the use of technologies such as RES, energy storage, Smart Grid, etc., and the possibility to combine consumers of different categories and the rules for their participation in the electricity market in a non-discriminatory way. An increase step by step in support for the use of consumers-regulators in power systems in the legislative and other national documents of Ukraine, in particular, in the new law on the development of energy storage installations, the National Action Plan for Renewable Energy for the period up to 2030, the National Transport Strategy of Ukraine for the period up to 2030, etc., which meet the main provisions of European directives, and it is also shown the need to take into account the wide introduction of new technologies such as Smart Grid, building consumption regulation, the use of electric vehicle charging stations, etc. Keywords: consumers-regulators, legal support, power system.

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Luts, L. A., i I. Y. Nastasyak. "Compliance of modern laws of Ukraine with international legal values: slogan or reality". TRANSFORMATION LEGISLATION OF UKRAINE IN MODERN CONDITIONS DOCTRINAL APPROACHES AND MEASUREMENTS, nr 14 (1.09.2023): 145–51. http://dx.doi.org/10.33663/2524-017x-2023-14-145-151.

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The article analyzes international legal sources: the UN Charter, Declarations on the principles of international law, friendly relations and cooperation between states in accordance with the UN Charter, the Statute of the Council of Europe, the Lisbon Agreement in the context of the reality of the system of universally recognized values recorded in them, as well as sources the rights of Ukraine: the Declaration on State Sovereignty of Ukraine, the Constitution of Ukraine, codes and other laws of Ukraine regarding the state (which is stable) of the implementation of universally recognized values into the laws of Ukraine; the problems of their implementation in modern conditions are identified and possible ways of their solution are proposed The purpose of the article is to reveal the realities of the system of universally recognized values fixed in international legal documents and the state of their implementation in the laws of Ukraine; to propose ways of transforming such a system of values in order to ensure their effectiveness in the laws of Ukraine and compliance with modern requirements. There are significant violations of the principles of international law, which embody universally recognized values; inadequate response of the international community to such violations; replacement of legal means by other means («political will», agreements, negotiations, «expression of concern», etc.). This turns the prescriptions of international documents into declarative provisions (declaration of ideas, opinions, statements), and the system of international legal values into a «catalogue of wishes» or slogans, since there is no system of legal means and a mechanism for their implementation. The system of universally recognized values enshrined in the sources of international law was based on the idea of coexistence and cooperation of states and was really effective until the end of the 20th century. In connection with modern changes, it is important to form a new conceptual vision of international organizations, their role, significance, form and place in the new world order; creation of an effective institutional and functional mechanism for solving global problems; revision and updating of the system of generally recognized values regarding the interaction of member states within international organizations, as well as their external interaction. The existing system of universally recognized values should be transformed into a system of legal ideas, which are fixed in the basic principles of international law, and their violation should be interpreted as illegal actions. The mechanism for ensuring them should consist exclusively of effective legal means that cause direct (and not conditional) legal responsibility for their violation. All this will make it possible to form new international and legal forms of interaction between the participating states, which will be able to effectively respond to globalization changes and provide appropriate conditions for the further development of humanity. Key words: international law, principles of international law, universally recognized values, laws of Ukraine.

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Kerov, Valeriy. "Legal status of Old Believers in the Russian Empire: normative framework and features of support in 1907–1914". Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2023, nr 4 (27.12.2023): 31–38. http://dx.doi.org/10.35750/2071-8284-2023-4-31-38.

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Introduction. The article is devoted to the problems of applying the norms enshrined in the legislation of the Russian Empire and departmental regulatory legal acts relating to Old Believers after the First Russian Revolution. By decrees of April 17, 1905 and October 17, 1906, Old Believers were granted “freedom of belief and prayer at the behest of their conscience,” but in real life, the Old Believers’ rights to free confession were significantly limited by local authorities. The purpose of the study is to determine the conflict of law norms that provided subjects of the Russian Empire with “freedom of beliefs and prayers at the behest of ... conscience”; identify the features of the application of these norms by executive authorities in 1907–1914. Theoretical and methodological basis. The main methodological principles of the study were the principles of historicism, the unity of theory and practice, the comprehensiveness of the study of social processes and phenomena, the unity of the historical and logical. The main methodological approach of the study was determined to be a systematic approach. General scientific (historical, functional, theoretical modeling, hypothesis building) and special (formal legal, historical legal, comparative legal) methods of legal research were used. Results. The analysis showed that the position and, accordingly, the normative acts of the Synod as an executive body in a number of cases were in conflict with the by-laws (orders, clarifications, etc.) of the Ministry of Internal Affairs. Their strict subordination to each other, necessary for the full functioning of the legal system, was absent in imperial legislation. The specification and application of legal norms largely depended on the position of the department. Despite their differences, law enforcement was determined by the discretion of a specific official, even a low rank, who had the opportunity to choose between regulations of the Ministry of Internal Affairs and the Synod of the Russian Church, which had the same legal force. This led to the Old Believers’ distrust of local executive authorities.

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Vedyashkin, Sergey V., Yuri I. Migachev i Maksim M. Polyakov. "Administrative and legal forms and methods of countering corruption in the Russian Federation and the Republic of Belarus". Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, nr 45 (2022): 38–49. http://dx.doi.org/10.17223/22253513/45/3.

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Corruption is one of the main threats to the entire world community. The Russian Federation takes an active part in countering this negative phenomenon. This is expressed in anti-corruption cooperation at the level of international organizations, as well as in the adoption and further ratification of international legal acts. Russia is a member of the Commonwealth of Independent States (CIS), within which model laws are adopted, which created the preconditions for the formation of the most important anti-corruption institutions, which subsequently began to be introduced into the Russian legal system: anti-corruption expertise of legal acts, anticorruption monitoring, anti-corruption standards, anti-corruption programs, status reports corruption and implementation of anti-corruption policy measures, etc. The administrative and legal forms and methods of combating corruption in Russia are enshrined in federal laws, as well as in the laws of the constituent entities of the Russian Federation. The main form of countering corruption in Russia is government plans and programs. With regard to the field of functioning of the civil service in the Russian Federation, such an administrative and legal form as anti-corruption standards is actively developing, including a unified system of prohibitions, restrictions and permissions that ensure the prevention of corruption. Another important promising legal form of combating corruption in public administration is special administrative regulations related to ensuring the implementation of anti-corruption measures. In Belarus, a model of combating corruption is being implemented very similar to the Russian one. According to the legislation of the Republic of Belarus, public control is actively used in the fight against corruption. At the national level, special criteria for assessing the activities of state bodies and other organizations in the fight against corruption and economic offenses have been approved. One of the rather interesting anti-corruption measures used in Belarus is the payment of remuneration to an individual who contributed to the identification of corruption. The authors came to the conclusion that the de facto "ideal" model of combating corruption in the world simply does not exist. There are examples of individual countries that have indeed achieved significant results in the fight against corruption. Existing trends in domestic practice reflect a gradual shift away from the use of tough anti-corruption measures towards more flexible economic and administrative mechanisms, which are showing their effectiveness in some countries of Europe and Asia. It is important to continue working in this direction, to improve the legal and organizational foundations of combating corruption, and to gradually introduce effective anticorruption forms and methods into Russian practice. The authors declare no conflicts of interests.

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Zolotukhina, Natalia M., i Tatiana V. Vlasova. "Russian Thinkers of the XI–XIII Centuries on Justice". Rossijskoe pravosudie, nr 9 (18.08.2023): 5–20. http://dx.doi.org/10.37399/issn2072909x.2023.9.5-20.

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The article examines the ideas of medieval thinkers of the XI–XIII centuries about justice as the main function of the head of state – the Grand Duke. For an adequate understanding of their views, it is necessary to find out the origin and historical meaning of the main terms used by thinkers: “law”, “truth” and “justice”. Initially, the terms “law” and “truth” denoted concepts similar in content, but with the adoption of Christianity under the influence of doctrinal dogmas, the term “law” as a result of its sacralization expanded the scope of its content. They began to denote high values of religious status: the Laws of God, the Laws of Jesus Christ, the Laws of Ecumenical Councils, etc. At the same time, the legal nature of the law did not disappear, but was combined with the moral and ethical commandments of Christianity, which fully corresponded to the concept of sin as a violation primarily of the Divine Commandments, so the moral norms of Christianity, but also the laws of secular the authorities. However, the highest sacred concept of the law led to the fact that in everyday vocabulary princely decrees and orders were called princely “truth” [“Russian Truth” or “Тhe Truth of Yaroslav” (XI century.); “The Truth of Yaroslavich” (XII century)]. Justice as a religious and philosophical category was placed above all concepts and actions of people, since it was defined as “the property of Jesus Christ” embodied in the Gospel commandments. Every Christian should strive to achieve justice by steadily fulfilling all the Commandments of Jesus Christ in all spheres of political and legal activity, as well as personal life. Russian Russian medieval thinkers formulated their idea of justice on this religious and political basis, referring to the Books of the Bible, as well as the Byzantine and original Russian writings spread in Russia, presented in the article.

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Kniazevych, N. V. "HISTORICAL AND LEGAL ANALYSIS OF THE HEALTH CARE WORKERS’ LEGAL STATUS DEVELOPMENT". Medicne pravo, nr 2(28) (7.10.2021): 9–17. http://dx.doi.org/10.25040/medicallaw2021.02.009.

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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.

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Bordner, Landon S., i Joseph Lavino. "Pharmacist-led Smoking-Cessation Services in the United States – A Multijurisdictional Legal Analysis". INNOVATIONS in pharmacy 13, nr 1 (11.05.2022): 20. http://dx.doi.org/10.24926/iip.v13i1.4643.

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A challenge presents itself when pharmacy students and pharmacists have the knowledge, skills, and abilities to provide optimal patient care, which can prevent the healthcare industry from incurring expenditures reaching billions of dollars annually from chronic and acute disease state management, yet due to the lack of statutory or regulatory authority to independently prescribe and dispense smoking cessation products they are unable to tap into this potential. Prescriptive authority of pharmacists is not a novel concept; however, State Legislatures and Boards of Pharmacy have been slow to expand upon the pharmacist’s scope of practice to include this authority. As a consequence, this inaction hinders the opportunity of almost 21.5 million patients, who attempt to quit smoking annually, the ability to access a U.S. Food and Drug Administration approved, evidence-based medication-assisted or nicotine replacement therapy prescribed by a pharmacist.2 Current legislative efforts, laws, and regulations regarding a pharmacist’s prescriptive authority for tobacco cessation therapy vary greatly amongst the states and do not include reference to e-cigarettes or electronic nicotine delivery systems (e.g., e-cigs, vape pens, vapes, mods, etc.). Additionally, pharmacists are often required to practice under a statewide protocol or enter into a collaborative practice agreement (“CPA”) with a designated physician, which are often complex and create significant barriers for the pharmacist to practice at the top of their license and for the benefit of the patient. This legal and regulatory study reveals the following: 1) Those States that have addressed or attempted to address the pharmacist’s prescriptive authority for tobacco cessation therapy, 2) the authority to independently prescribe vs. practice under a statewide protocol, 3) the products able to be prescriber or dispensed under the pharmacist’s prescriptive authority or statewide protocol, and 4) the guidelines and/or protocols referenced within their respective State laws and regulations. States and their residents would benefit greatly from amending their laws and regulations to expand upon the pharmacist’s prescriptive authority, granting them the ability to help their communities by performing services they are highly trained to perform.

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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, nr 3 (29.09.2021): 49–57. http://dx.doi.org/10.32631/v.2021.3.04.

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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”.

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Kositsin, Igor A., Alex Maile i Yurii P. Shevchenko. "Features of the Application of Measures of Public Coercion in Relation to Persons With Special Legal Status". Vestnik Tomskogo gosudarstvennogo universiteta, nr 470 (2021): 235–41. http://dx.doi.org/10.17223/15617793/470/29.

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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.

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Golubchikov, Yuri N., Alexey N. Gunya i Matthias Schmidt. "Natural Differences in the Legal Dimension: Institutionalisation of the Northern and Mountain Regions of Russia". GEOGRAPHY, ENVIRONMENT, SUSTAINABILITY 15, nr 1 (28.03.2022): 53–60. http://dx.doi.org/10.24057/2071-9388-2021-084.

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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.

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Omelko, I. I. "Constitutional and legal status of the National Security and Defense Council of Ukraine". Analytical and Comparative Jurisprudence, nr 5 (17.11.2023): 166–70. http://dx.doi.org/10.24144/2788-6018.2023.05.28.

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The article clarifies the constitutional and legal status of the National Security and Defense Council of Ukraine, its nature, its place in the system of state authorities and the specifics of granting separate powers and the problems that arise in the practice of their implementation. It was concluded that in the language of armed aggression against Ukraine and encroachment on its territorial integrity by the ruscist regime, the discussion of issues related to the national security and defense of Ukraine acquires special importance. The National Security and Defense Council of Ukraine, which acts as a coordinating body for national security and defense under the President of Ukraine (Article 107 of the Constitution of Ukraine), becomes a very important body of public authority in wartime conditions. According to the Constitution, it coordinates and controls the activities of executive authorities in the field of national security and defense. We have two models (from the constitutional law of foreign states). The body could be purely advisory (Poland, Turkey, Kosovo, Estonia), or would be empowered to make a number of important defense and security decisions (Montenegro). In the Ukrainian case, use the word "coordination", which is unlikely to be purely of a recommendatory nature. However, in this case, the issue of granting some powers to the National Security Council, and not, for example, to the Cabinet of Ministers, should be well-founded and truly related purely to issues of defense and national security. The doctrine of the limitation of the President's powers by the Constitution itself is built into the constitutional design for a reason (Article 106 of the Constitution). Despite the rather broad and evaluative formulation of the President's powers regarding leadership in the field of national security, individual law enforcement by imposing sanctions, assigning the status of an oligarch, etc., can hardly be characterized exactly as "leadership". Their application is more related to the implementation of state policy in this area. That is why, perhaps, one should think about granting the relevant powers to the Cabinet of Ministers of Ukraine. After all, the very nature of the Cabinet consists in ensuring the implementation of state policy. In addition, Art. 116 of the Constitution (clause 10) directly allows the Cabinet of Ministers to be empowered by laws.

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Tolstykh, Vladislav, Mariam Grigoryan i Tatiana Kovalenko. "Legal Systems of the Post-Soviet Non-Recognized States: Structural Problems". Russian Law Journal 7, nr 2 (30.05.2019): 81–100. http://dx.doi.org/10.17589/2309-8678-2019-7-2-81-100.

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There are currently six non-recognized states (NRSs) in the post-Soviet space: the Pridnestrovian Moldovan Republic (PMR, 1990), the Republic of South Ossetia (RSO, 1990), the Nagorno-Karabakh Republic (NKR, 1991), the Republic of Abkhazia (RA, 1994), the Lugansk People’s Republic (LPR, 2014) and the Donetsk People’s Republic (DNR, 2014). All of them have been formed as a result of armed conflicts between a state vigorously pursuing the policy of national unification and a minority residing compactly. On the one hand, the legal systems of these states ensure that both the state and the civil society function effectively. In particular, each legal system forms a basis for the state’s political system, sets out human rights and their guarantees and provides necessary regulation of commercial activities. On the other hand, these legal systems reflect certain “statehood deficiency” and are subject to a number of serious problems, including being dependent on political agenda as well as on certain foreign legal systems, providing no personal jurisdiction or property guarantees and having significantly underdeveloped commercial law and judicial system. This “statehood deficiency” has two main causes: the community being not ready for state building (weak statehood traditions; lack of qualified personnel, economic resources and industrial base; high level of corruption, etc.) and the state being non-recognized (including the consequences of this status such as inability to participate in international cooperation, dependence on major geopolitical players, existence of an external threat, etc.).

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Molchanov, B. A., i M. V. Novikov. "SUBJECTIVE SIGNS OF THE COMPOSITION OF CRIMES IN THE LAWS OF THE STATES OF MEDIEVAL EUROPE". Proceedings of the Southwest State University 21, nr 3 (28.06.2017): 167–75. http://dx.doi.org/10.21869/2223-1560-2017-21-3-167-175.

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The paper discusses formation and development of criminal legislation on the subject and subjective signs of the crime in the countries of medieval Europe within the comparative jurisprudence. The authors note that the level of culture and statehood in any society and its government bodies as a whole depends on the attitude of the society and the state to those who committed unlawful, criminally punishable acts. On the materials of criminal law in the Ancient World and the Middle Ages (Ancient Rome, Ancient Greece, etc.) a strict liability was in law-enforcement practice. New states were formed during the Middle Ages. That led to the need of strengthening their authority of state power and statehood. Consequently, the state got the right to protect the interests of the individual and society, and the right to creation a new criminal legislation and its institutions. The church survived after liquidation of many public and state institutions. On the one hand, it contributed to the preservation of scientific achievements of the Ancient World. On the other hand, the church deprived science of free critical attitude to the issues under study. Philosophy and jurisprudence were based on theology. Criminal-legal institutions could be developed only in the direction, which had been approved by the church. Clearly, the idea of protecting the rights of the individual, strict liability and conditions of sanity could not be widely applied. As soon as the states were originated, strict liability was necessary to stop the blood feud and delegation of the judiciary from the society to the state. The obtained knowledge about the world and deeper understanding of the causality of what is happening facilitated the process. From the political point of view, theology (a Christian doctrine) influenced the criminal law policy in Medieval Time. The legislator regulated a range of subjects of the crime. In X - XI centuries, ancient ideas of strict liability were accepted in Europe. Crimes were divided into willful and not deliberate. The principle of the personal guilty is directly related to the subject of the crime. Murderers, rapists, thieves, swindlers and others were declared criminals. Judicial practice of many times and peoples gives us numerous examples confirming the existence of views on the animal as a subject of crime. Age limits of legal responsibility were defined as the minority, which is different from the social maturity, and sometimes old age, were considered the reason for the undisputed crime blamed of a crime to a subject. People under 14 years old could not be subjected to the death penalty, except when "malice can make up for the lack of age". The authors pay attention to the fact that the interests of healthy individuals guided medieval jurisprudence and medicine. They also regulated peculiarities of the healthy individuals’ legal capacity, presence of dementia and mental illnesses, etc. The mitigation of punishment in some cases when the fault of the subject of the crime was absent, fixing the criminal-legal significance of the motive of the crime, intent and some other subjective features in the legislation were a progress. Studies of the Medieval European States shows that the legislator at that time did not formulate general signs of the subject of the crime and did not know the criminal legal concept of strict liability. However, there was a need to solve the problem. Thus, the paper discusses the essence of the criminal legal significance of the сorpus delicti, its place in the criminal law and law enforcement practiceю. The authors used scientific literature of both foreign and Russian

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