Добірка наукової літератури з теми "Associations, institutions, etc – law and legislation – australia"

Introduction. The provisions of national law indicate that state policy in the field of prevention and counteraction to domestic violence is one of the priorities of the state legal policy of Ukraine. The purpose of the paper is as follows: to review on the basis on legislation provisions the implementation of state policies in the field of preventing and combating domestic violence, by improving the forms of protection and assistance for victims of domestic violence. Results. In Ukraine domestic violence is not a purely family affair, since the state has established an effective mechanism for combating and preventing domestic violence; is defined a list of actors authorized to take appropriate measures. Subjects of administrative and legal response to domestic violence are the empowered state authorities, executive and local self-government bodies and their structural subdivisions, citizens' associations, enterprises, institutions and organizations, as well as individuals - citizens of Ukraine, foreigners, and stateless. It can be stated that currently in Ukraine there is a rather broad system of providing protection and assistance to domestic violence victims, which is aimed at securing the rights and legitimate victims’ interests of such violence, providing them with effective assistance and protection, preventing recurrence of domestic violence in the future. Domestic violence is counteracted and prevented through a wide range of state-provided means. Criminal, administrative and civil law responsibility may be imposed for the commission of domestic violence, furthermore the legislation provides for basic and specific measures to counter domestic violence. Conclusions. To overcome the problem of domestic violence, it is necessary to introduce an effective system of avoidence and prevention of this type of violence, this system should be based on the following elements: 1) prevention; 2) providing protection and assistance to victims; 3) bringing the perpetrators to justice. However, in our opinion, the solution to the preventing and combating domestic violence problem is possible only by joining forces of public and state structures, mass media, educational and medical institutions, national communities, etc.

In the article, through scientific abstraction, the concept of public control tools is defined as a set of means for realizing the goal of ensuring the rights, freedoms, and legitimate interests of individual citizens and society as a whole, which is carried out by public organizations, associations, and the population. Adapting the tools of control used in the management of organizations to the field of labor protection, it can be argued that public control in the field of labor protection can be carried out according to the legality of wage calculations, for which financial control tools can be used; part of the operational control tools can be involved in monitoring compliance with safety techniques at enterprises; individual quality control tools can be used in compliance with social labor conditions. The toolkit of public control over compliance with labor legislation can be selected depending on the purpose of its implementation. The purpose of control may change, and depending on it, one or another toolkit is selected, it may be more extensive, or only certain tools may be used. Even when the purpose of control is the same, the individual tasks resulting from it, and accordingly, the tools, may differ. The results of public control may be demands from the subjects of such control both to employers with the aim of guaranteeing certain social standards, ensuring constitutional rights (preserving life, health, etc.), and to state control bodies with the aim of introducing such demands into the regulatory and legal field. That is, the tasks of public control are not only the detection of deviations from the observance of labor protection norms by controlled objects, it is much broader and reflects the influences and demands of civil society. The article concludes that a civil society has been formed in Ukraine, whose institutions can take over certain functions of monitoring compliance with labor legislation, especially during martial law, when the risks of illegal actions on the part of employer’s increase.

Purpose. The purpose of the article is to clarify the principles of cooperation between theprosecutor’s office and institutions of civil society in the context of the implementation of the lawenforcement function. Methods. A complex of general and special scientific research methodsrepresents the theoretical and methodological basis of the research. In particular, the method of analysis and synthesis, systemic, systemic-structural, and comparative-legal was used during theanalysis of the current legislation of Ukraine and the assessment of the current state of regulationof certain aspects of the interaction of the prosecutor’s office with institutions of civil society. Themethods of analysis, synthesis, and forecasting contributed to the definition of certain debatableprovisions of the “Community Prosecutor” concept. In general, a comprehensive approach to theapplication of general and special scientific research methods ensured the reliability and validityof formulated conclusions, recommendations, and suggestions. Results. The conducted textualanalysis of the Constitution of Ukraine and the Law of Ukraine “On the Prosecutor’s Office”proved that the main profile legislative acts do not define the legal basis for the interaction ofthe prosecutor’s office and formalized structures of civil society, in particular such as the media,public organizations and other associations of citizens. This made it possible to state that thecurrent state of legal support for the joint activity of the latter in the context of law enforcementactivities is insufficient. Therefore, to ensure the implementation of such activities within thelegal framework, the unification of common activity algorithms, and the development of effectiveforms of interaction, it is important to regulate these aspects at the legislative level. It was foundthat the implementation of the “Community Prosecutor” Concept is promising in establishingfruitful communication between the prosecutor’s office non-governmental organizations, and thepopulation, however, the importance of reforming the legislation to implement the ideas enshrinedin it was emphasized. It was determined that the experience of civil society in some countries ofEurope and the world is proven. It was established that the latter purposefully certifies that themain constitutional duty of the prosecutor’s office is to protect and ensure social interests, the legalsystem, and a democratic society, and determine the priority areas of activity of the prosecutor’soffice, which should be given “special attention” in ensuring prosecution. Conclusions. Basedon the modern realities in which the civil society institutions of Ukraine are developing, it isimportant to establish their communication and interaction with the prosecutor’s office. Thefollowing forms of implementation of the law enforcement function of the state, through the jointinteraction of the outlined subjects, are considered promising for implementation, such as theinvolvement of the media in informing the public about the results and nature of the activitiesprosecutor’s office, informing about the results of conducted journalistic investigations to conducta competent review of the latter to identify facts of illegal behavior of individual subjects or theirgroups. It is important to involve public organizations, in particular human rights defenders,and other associations of citizens for joint information and educational, and scientific activities,involving the latter in such relevant forms of activity as documenting war crimes, conductingopen data investigations, and analyzing social networks to identify illegal actions of individualsubjects, etc. It is emphasized that the prospects for further interaction of the prosecutor’s officewith institutions of civil society dictate the need for normative consolidation of the relevant legalfoundations of this activity. In connection with this, it is proposed to make changes to the Lawof Ukraine “On the Prosecutor’s Office”, in particular, to supplement it with a separate section,which should define the fundamental principles of interaction between the prosecutor’s office andcivil society institutions.

The role and underlying functionality of labor law are radically changing in the current geopolitical and economic context. Though it gives rise of relations that follow specific rules non-standard forms of employment like outstaffing, gig employment, self-employment, spot employment etc., they may escape any regulation. At the same time, the role of integrative associations at work, transnational corporations is changing. The digitization in labor law is reaching a principally new level. While new methods of business cooperation and social communications will trigger the emergence of new effective forms of employment, the applicable labor law does not adequately follow realities of the day nor takes into account new and various forms of engaging people in specific activities including work. In December of 2022 a meeting on the draft “On Employment” was held at the State Duma. The draft had chapters addressing relations involved in platform work, non-standard forms of employment, etc. However, the draft raised a discussion and was revised, with outstaffing to be regulated under new principles. However, while the draft is not made effective, it can be amended and specified to make the proposed subject even more relevant. Therefore a need to conceptualize new forms of employment and to further improve the relevant legislation is a major area of action today. Moreover, automation at work, while bringing positive developments such as the use of robots able of better performing identical and repetitive tasks, is also fraught with various risks. At that, the increasing use of artificial intelligence is another threat to employment of the population. It is only logical that digitization at work entails non-standard forms of using classical institutions, opening up new possibilities to use social partnership, particularly, in the activities of sectoral unions for regulation of collective labor relations as discussed below in the paper. Author looks at issue of remote work and the nature of approaches to regulation of the underlying relations from a perspective of qualitative changes to regulation of electronic communication between workers and employers as part of remote legal relationships. It is proposed to revise relevant areas of research of mentioned and other relations to address contemporary challenges emerging in the field of labor law in the digital age.

The historical way of the development of banking business and the state of its legislative provision, which had an impact on criminal behavior in this area, has been studied. It has been noticed that the responsible officials of banking institutions, due to their high level of education, skillfully used gaps or contradictions in the legislation for the useful purposes of illegal enrichment. They quickly adapt to amendments in normative and legal regulation and invent new schemes of criminal technology. The key factors in the situation of committing crimes in the presented area are: search for opportunities for criminal enrichment by using existing powers; conspiracy of officials of commercial banks with representatives of supervisory agencies (curators from some units of the National Bank of UKraine) in order to cover up criminal activity; development of a plan of financial fraud with representatives of commercial organizations in order to steal the entrusted funds and their further legalization. Typically, such criminal “associations” try to have long-term relationships under the guise of corrupt relations with supervisors and banking secrecy in order to systematically generate illicit proceeds. In case of the risk of detecting criminal schemes, the banking institution may be brought to bankruptcy, which is used as the method to hide traces of criminal activity. Analysis of the impact of regulatory factor in the context of committing economic crimes in the banking sector is a perspective and relevant area of further research. In this regard, the development of the doctrine of forensic forecasting in conditions of instability of processes in the economy in its individual segments (lending, currency regulation), weak control over the conduct and accounting of banking transactions, etc. is of great importance. Equally important is the development of cooperation between law enforcement agencies involved in the fight against crime in the banking sector, with the units of the National Bank, the State Fiscal Service and financial monitoring; the improvement of the methodology of conducting certain types of examinations, etc. Provisions for such cooperation are enshrined in law and are in force, but some need to be revised in the light of central government reforms.

Implementation of an effective policy in the field of medical means circulation at the present stage of the development of Ukrainian society is one of the defining conditions for its further democratic reform, strengthening in the country of the institutions of the rule of law, competitive market economy, ensuring the implementation of human and citizen rights and freedoms. Any policy becomes understandable when it is understood who carries out it and what it is aimed at, i.e. defined subjects and objects of policy in society at one or another stage of historical development. This definition makes it possible to clarify the essence of political relations between subjects, as well as between subjects and objects of policy, to reveal the forms of their political behavior, methods of political activity, means of transformation of the political environment. The article highlights the issues concerning subjects that form the general state policy in the field of circulation of medicines. Their analysis is carried out and their main functions and tasks are determined. The state policy in the sphere of circulation of medicinal products is formed and implemented by the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine, the Ministry of Economic Development and Trade of Ukraine, the Ministry of Health of Ukraine, the State Service of Ukraine for Medicinal Products, professional associations of pharmaceutical workers, within the powers of which is the adoption of different types of normative legal acts (concepts, programs, provisions, procedures, rules, standards, instructions, instructions, licensing conditions, lists, codes, etc.), agreed with European and international legislation, as well as, if necessary, with other central bodies of executive power. Such standards follow, in addition to general normative legal acts, also from specialized acts on the formation of such policy.

Introduction. Current state-building and law-making processes as well as Ukraine’s European integration course substantiate the need for further research into the issues of the institutional capacity of the judicial system of Ukraine, in particular, the determination of its essence, features, ways of formation, etc. The above issue has not been in the focus of theoretical and legal attention in legal science yet. In domestic scientific sources, the problems of the institutional capacity of the judicial system of Ukraine are considered somewhat fragmentarily, which does not contribute to the formation of unified scientific approaches and their practical solution. The purpose of the paper is to determine the content and essence of the institutional capacity of the judicial system of Ukraine based on the analysis of current domestic legislation, international legal acts, and lawyers’ opinions. Results. It is noted that in modern science there is a pluralism of approaches to determining the essence of institutional capacity. The issues related to institutional capacity are studied in terms of the state, certain state and non-state institutions, public associations, etc. Therefore, taking into account the wide range of aspects covered by the concept of institutional capacity, its content can be most fully revealed only in a certain practical context, which also concerns the issue of the institutional capacity of the judicial system. It is determined that the institutional capacity of the judicial system of Ukraine is its ability to perform its functions effectively and transparently by ensuring the appropriate level of regulatory compliance, as well as structural, organizational, personnel and technical systems, processes and resources. The elements of the institutional capacity of the judicial system of Ukraine include its structural construction, legislative and regulatory support, financial resources, personnel support, organizational autonomy of courts and independence of judges, cooperation between judicial bodies and external relations, management systems and practices, leadership and judicial administration, training and maintaining the qualifications of both judges and court staff, judicial self-government, implementation of the latest techniques and technologies, etc. Conclusion. An institution with a sufficiently high level of institutional capacity will ensure the appropriate level of efficiency and effectiveness of its own activities. The institutional capacity of the judicial system of Ukraine includes a certain set of elements and features that ensure its effective operation and allow achieving the purpose of the existence of this institution.

The article examines scientific approaches to defining the concepts of "subject of administrative law", "status", "legal status", "administrative-legal status". It was found that the anti-corruption legislation does not contain the concept of "subject of state anti-corruption policy". It has been proven that the main subject of the state anti-corruption policy should be the people of Ukraine, who develop and implement policy measures through state and local self-government bodies. A broad approach to understanding the system of subjects of the state anti-corruption policy, which includes the system of subjects of combating it as a constituent element, and citizens and civil society occupies one of the main places in this system, is substantiated. The views of scientists regarding the classification of subjects of the state anti-corruption policy are analyzed. It has been proven that the existing scientific approaches are characterized by a certain complexity and burdensomeness, or on the contrary, they narrow or do not reveal the completeness of the system of subjects of the state anti-corruption policy. Most of the existing classifications are reduced to subjects of prevention and fight against corruption. It is substantiated that the existing approach to classification is not fully in harmony with the system of subjects of the state anti-corruption policy, as well as with the list of functions performed by individual subjects in the development of its measures, carried out in monitoring the state of implementation, etc. It is proved that the system of subjects of state anti-corruption policy is much wider than the system of subjects of fighting it. The subjects of the state anti-corruption policy are proposed to be understood as the people of Ukraine, bodies of state and local self-government, public associations, institutions and organizations, and persons who have rights and are endowed with duties (obliged or must participate) in the development and implementation of the state anti-corruption policy. The features of the concepts "subject of state anti-corruption policy" and "administrative-legal status of the subject of state anti-corruption policy" have been summarized, corresponding author's concepts have been formulated. The system of subjects of the state anti-corruption policy was also divided into main groups.

Currently all countries form or are in process of forming rules of law regulating turnover of new digital objects of rights that are called differently as digital rights, tokens, digital assets, digital currency, and cryptocurrency. The difference in wording does not allow to develop common international approaches to the cross-border turnover of such new objects of rights. States are only looking for ways to regulate relations in the digital economy. To find optimal solutions, a comparative legal research is needed to evaluate models of regulation and find effective ways and means of response to the modern challenges. Aim of the research is to analyze models of legal regulation of the turnover of digital rights and digital currency and offer model of regulation that allow such objects of rights to be fully included in the Russian civil turnover. The following tasks are being solved: choice of jurisdictions and analysis of legal norms that regulate turnover in the field; formulation of regulative models of the turnover of digital rights and digital currency based on legislation, doctrine and law enforcement; study of measures and means of regulation used in various states; analysis of different points of researchers on regulation of relations in the digital economy in Russia and abroad; proposal to the legislator of measures and means of regulation, based on the chosen regulative model of the turnover of digital rights and digital currency. Such methods as comparative legal, formal legal, legal modeling methods were used to compare experience of various jurisdictions and formulate regulative models in need. Also general methods of synthesis, analysis, induction, deduction, comparison, analogy, etc. were used. The study showed that the approaches used in the legal regulation in the field differ both in terms of legal norms and in creation of institutions and conditions for functioning digital market. Models of the corresponding legal regulation also differ. States use both prohibitive model of turnover regulation (prohibition of their issuance and turnover), partially prohibitive (restrictions on the turnover of digital rights and digital currency), partially permissive (admission of turnover of digital rights and digital currency, subject to conditions — licensing, regulatory sandboxes, etc.) and permissive model (allowing the turnover of digital rights and digital currency to all market participants, subject to minimum requirements). Terms like cryptocurrency, tokens, crypto assets, digital assets are more popular abroad, while in Russia the concepts of digital rights and digital currency are used to refer to similar legal phenomena. It would be necessary to compare categories under consideration for the possibility of their use in supranational regulation, and cross-border relations, in order to be able to speak with representatives of other jurisdictions in the same language. From the foreign experience, attention of legislator should be drawn to the need and possibility of licensing in relation to participants in the digital market, as well as to the success of regulatory sandboxes in this area, for example in Britain. At the same time, when establishing law enforcement practice in Russia in the field, especially with participation of consumers, experience in US, Britain, Australia as well as the legal regulation of the crypto industry in Japan shall be considered.

The gradual evolution of the standards of the founding instruments of the European Communities and then the European Unionin the field of their judicial systems, which is subject to the integration processes in Europe, is comprehensively analyzed. Thoroughscientific works of both foreign and domestic scientists cover the problems of various spheres of development of the European Union,its institutions, in particular, its Court of Justice. However, the study of this topic was not given enough attention. Therefore, the purposeof the article is a comprehensive analysis of the evolution of the standards of the constituent instruments of these associations inrelation to the establishment and expansion of the jurisdiction of their Court of Justice in the pre-Lisbon period. It is established thatthe origins of the standards of the Court of Justice were enshrined in the founding treaties of the European Communities, and were furtherdeveloped in the founding instruments of the European Union, which were constantly being transformed. The jurisdiction of theCourt of Justice of the Coal and Steel Community was limited to a narrow sphere of economy, and with the entry into force of theTreaties establishing the European Economic Community and the European Atomic Energy Community (1958), the Court became ajoint institution for the three communities, with the powers of ensuring respect for the law in the interpretation and application of eachof the treaties.The peculiarities of the amendments made to the provisions of the following constituent instruments are discovered. The SingleEuropean Act (1986) provided for a certain unification of the legislation of Western European countries, supplementing the foundingtreaties of the Communities with new provisions on the establishment of the Court of First Instance to hear certain claims of individualsand legal entities to relieve the Court of Justice. The Maastricht Treaty (1992) formally proclaimed the establishment of the EuropeanUnion and defined the new structure of the Court of Justice (Court, Tribunal and Specialized Tribunals), its composition and powers,and powers of the Member States in the judicial field. The Amsterdam Treaty (1997) expanded the jurisdiction of the Court of Justiceof the European Union, namely certain areas of activity of courts, their cooperation with other competent authorities of the MemberStates, joint actions of judicial cooperation in criminal matters, etc. The Treaty of Nice significantly deepened the standards of thefounding instruments of the Court of Justice, expanded the powers of its judicial bodies and modernized its structure (including theCourt of Justice and the Court of First Instance), defined high requirements for judges and advocates general, the periods of theirreplacement, extended the jurisdiction of the Court of First Instance, etc. Further transformation of the standards of the Court of Justicehas been carried out under the Lisbon Treaty, which requires a separate study.

This dissertation analyzes the development of the Islamic Society of North America (ISNA), a Muslim-American religious association, from the Iranian Revolution to the inauguration of our nation's first African-American president. This case study of ISNA, the largest Muslim-American organization in North America, examines the organization's institution-building and governance as a way to illustrate Muslim-American civic and religious participation. Using nonprofit research and theory related to issues of diversity, legitimacy, power, and nonprofit governance and management, I challenge misconceptions about ISNA and dispel a number of myths about Muslim Americans and their institutions. In addition, I investigate the experiences of Muslim-Americans as they attempted to translate faith into practice within the framework of the American religious and civic experience. I arrive at three main conclusions. First, because of their incredible diversity, Muslim-Americans are largely cultural pluralists. They draw from each other and our national culture to develop their religious identity and values. Second, a nonprofit association that embraces the values of a liberal democracy by establishing itself as an open organization will include members that may damage the organization's reputation. I argue that ISNA's values should be assessed in light of its programs and actions rather than the views of a small portion of its membership. Reviewing the organization's actions and programs helps us discover a religious association that is centered on American civic and religious values. Third, ISNA's leaders were unable to balance their desire for an open, consensus-based organization with a strong nonprofit management power structure. Effective nonprofit associations need their boards, volunteers and staff to have well-defined roles and authority. ISNA's leaders failed to adopt such a management and governance structure because of their suspicion of an empowered chief executive officer.