scholarly journals Coercive measure-sequestration for environmental crime

2021 ◽  
Vol 244 ◽  
pp. 12025
Author(s):  
Ketevan Berestova-Gadilia
Keyword(s):  
Legal Regulation ◽  
Legal Aspects ◽  
Scientific Article ◽  
Coercive Measure ◽  
Council Of Europe ◽  
Coercive Measures ◽  
The Third ◽  
Scientific Papers ◽  
Procedural Code ◽  
Specific Tax

In general there are no many scientific papers on coercive measures determined under Criminal Procedural Code of Georgia. Though, based on aforesaid issue we may not state that aforesaid issues were not subject of controversy and does not include disputable opinions. In this scientific article the author represents legal aspects of sequestration - one of the measures of criminal procedural enforcement. Namely, based on active legislation the author in the article mainly considers essence, importance and application criteria of sequestration as a measure of criminal procedural enforcement. The article also considers achieved and possible results of sequestration as a coercive and enforcement measures and importance of aforesaid results. Article is composed of introduction, three parts and conclusion. Introduction of article refers special recommendation approved by Council of Europe Committee of Ministers in September 17, 1987 under that Parliament of Georgia approved Criminal Procedural Code of Georgia through the third hearing that entered into force from October 10, 2010. Contents of article generally refer legal regulation of sequestration, also emphasizing criteria of tax liability at the time of tax dispute and power criteria of tax authority during the specific tax dispute, also here are reviewed issues of enforcement measures related to disputable tax liability by applying coercive measures under the basis of decision of first instance court.

IMPLEMENTATION OF ELECTRONIC MONITORING OF SENTENCED PERSONS IN THE SLOVAK REPUBLIC

2020 ◽  
Vol 10 (5) ◽  
pp. 59-75
Author(s):  
JAROSLAV KLÁTIK ◽  
◽  
LIBOR KLIMEK
Keyword(s):  
Restorative Justice ◽  
Electronic Monitoring ◽  
Slovak Republic ◽  
Pilot Project ◽  
Legal Regulation ◽  
European Level ◽  
Criminal Proceedings ◽  
Council Of Europe ◽  
Fourth Section ◽  
The Third

The work deals with implementation of electronic monitoring of sentenced persons in the Slovak Republic. It is divided into eight sections. The first section introduces restorative justice as a prerequisite of electronic monitoring in criminal proceedings. While the second section points out at the absence of legal regulation of electronic monitoring of sentenced persons at European level, the third section points out at recommendations of the Council of Europe addressed to European States. The fourth section analyses relevant alternative punishments in Slovak criminal justice. The fifth section introduces early beginnings of implementation of concerned system - the pilot project “Electronic Personnel Monitoring System” of the Ministry of Justice of the Slovak Republic. While the sixth section is focused on Slovak national law regulating electronic monitoring of sentenced persons - the Act No. 78/2015 Coll. on Control of the Enforcement of Certain Decisions by Technical Instruments, the seventh section is focused on further amendments of Slovak national law - namely the Act No. 321/2018 Coll. and the Act No. 214/2019 Coll. The last eight section introduces costs of system implementation and its operation.

Legal aspects of the brand protection in Ukraine and world

2020 ◽  
pp. 133-143
Author(s):  
Ivanna Babetska
Keyword(s):  
Public Relations ◽  
Practical Importance ◽  
Legal Protection ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Scientific Article ◽  
Protection Mechanism ◽  
Brand Protection ◽  
Wide Range ◽  
International Regulations

Purpose. The purpose of the scientific article is to establish the ratio of the meanings of the concepts "trademark", "brand" and "well-known" trademark and then to characterize their common and distinctive features. Indicate the gaps in current legislation and the need to refine certain rules in this aspect to determine the aspects of protection and protection of the brand. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, dialectical, logical-semantic, logical-normative, system-structural. Results: in the course of the conducted study, the main and optional components of the brand are determined, which make it possible to determine the features of its legal protection. It has been proved that despite a fairly wide range of domestic and international regulations, there are certain shortcomings of the brand protection mechanism. Originality. The study found that a trademark differs from a brand in that a trademark is a designation that is only the basis of the brand, as for the trademark are not essential such properties of the designation as a certain level of information among consumers and quality as a basis. gaining a reputation; the concept of "brand" is an evaluative, conditional concept, and therefore its consolidation at the regulatory level is impractical. It is sufficient to establish the factors on the basis of which the trademark can be considered "well known". A "well-known" trademark is a designation that is familiar to a wide range of consumers through its use to designate certain goods. Practical importance. The results of the study can be used in law-making activities for the purpose of legal regulation of public relations in the sphere of legal protection of the brand.

ORGANIZATIONAL AND LEGAL ASPECTS OF VOCATIONAL EDUCATION AND VOCATIONAL TRAINING IN INSTITUTIONS OF THE PENAL SYSTEM

2021 ◽  
pp. 20-24
Author(s):  
Екатерина Викторовна Глебова
Keyword(s):  
Vocational Education ◽  
Russian Federation ◽  
Legal Status ◽  
Positive Impact ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Educational Process ◽  
Vocational Education And Training ◽  
Scientific Article ◽  
The Russian Federation

Актуальность темы научной статьи обусловлена тем, что каждый гражданин Российской Федерации независимо от его социального статуса обладает правом на образование. Однако отдельные категории граждан, в частности, осужденные лица, не могут воспользоваться данным правом по причине наличия у них особого юридического статуса. Беспрепятственный доступ осужденных к образовательному процессу оказывает положительное влияние на социальную безопасность и защищенность каждого отдельного гражданина, так как от уровня их образованности напрямую зависит степень их исправления. В данный момент на территории нашей страны наблюдается большая вовлеченность всех слоев населения (включая осужденных) в сферу образовательных услуг как на возмездной, так и на безвозмездной основах. Профессиональное образование и профессиональное обучение как очень важный и необходимый элемент в отечественной пенитенциарной системе регулируется различными источниками права, относящимися и к системе уголовно-исполнительного законодательства, и к системе образовательного законодательства РФ. Целями правового регулирования отношений в сфере образования являются установление государственных гарантий, механизмов реализации прав и свобод человека в указанной сфере, а также защита прав и интересов участников отношений в сфере образования. Problem statement of the scientific article is due to the fact that every citizen of the Russian Federation, regardless of his social status has the right to education. However, some categories of citizens cannot exercise this right due to their special legal status, in particular, we will talk about convicted persons. Unimpeded access of this category of citizens to the educational process has a positive impact on the social safety and security of each individual, since the level of education of convicted persons directly affects the degree of their correction. At the moment on the territory of our country there is a great involvement of all segments of the population (including convicts) to the sphere of educational services free or for a fee. Vocational education and training as a very important and necessary element in the domestic penitentiary system is regulated by various sources of law relating to both the system of penal legislation and the system of educational legislation of the Russian Federation. The objectives of legal regulation of relations in the field of education are the establishment of state guarantees, mechanisms for the implementation of human rights and freedoms in education, as well as the protection of the rights and interests of participants of relations in the educational field.

scholarly journals The international law and sanctions. Search for permissible limits

2019 ◽  
Vol 89 (1) ◽  
pp. 03-09
Author(s):  
T. Ya. Khabrieva ◽  
A. Ya. Kapustin
Keyword(s):  
Comparative Analysis ◽  
International Law ◽  
International Organizations ◽  
Legal Regulation ◽  
The State ◽  
Coercive Measure ◽  
Coercive Measures ◽  
Permissible Limits ◽  
International Responsibility

The reinforcement of the sanctions policy of the leading world powers and their coalitions has highlighted the problem of doctrinal research inadequacy of the practice of international legal regulation of the use of international coercive measures. This study aims to determine the dominant approaches to the correlation between the categories “sanction” and “law” regarding municipal and international law, based on historical and comparative analysis of the positions of Russian and foreign legal doctrines. Despite fundamental differences in the systems of national and international law, both cases sanctions act as a coercive measure to observe the statutes of law, both regarding the implementation of international responsibility and non-responsibility relations. In addition, the study provides specific examples of unilateral coercive measures (sanctions) of regional international organizations that are inconsistent with the imperatives of general international law. In conclusion, the state of international legal regulation of the use of coercive measures is substandard; however, the primary reasons for this provision remain unclear. Furthermore, this study formulates a proposal for the development of a doctrinal model of criteria for the lawfulness of international coercive measures.

scholarly journals Legal Aspects of 3D Printing

Legal Concept ◽  
2021 ◽  
pp. 138-142
Author(s):  
Victoria Ammalainen ◽  
Keyword(s):  
3D Printing ◽  
Legal Aspect ◽  
Three Dimensional ◽  
Legal Protection ◽  
3D Models ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Scientific Article ◽  
Three Dimensional Model ◽  
The Russian Federation

Introduction: the article discusses the legal aspect of 3D printing and computer 3D models, which are printed using a 3D printer. The prospects, threats and challenges that the development of 3D printing technologies entails are examined. The author comes to the conclusion that it is necessary to adapt the new technological realities to the current legislation and it is necessary to take into account which particular object will be displayed in the three-dimensional model, since this will determine which rights to objects will be affected. Methods: the methodological basis of this scientific article is a number of methods of scientific knowledge, among which the main place is occupied by methods of information processing and logical analysis, synthesis, induction, deduction and generalization. Results: the author’s position on 3D models and their legal regulation is presented. Conclusions: as a result of the study, recommendations were made for improving the regulatory framework, the author proposes to delimit the legal protection of 3D models by amending Art. 1259, 1352 of the Civil Code of the Russian Federation.

scholarly journals Types of linguistic expertise of bills: prospects of implementation in Ukraine

2019 ◽  
pp. 145-166 ◽  
Author(s):  
Yuliia Buhaiko
Keyword(s):  
Social Factors ◽  
Legal Status ◽  
Applied Linguistics ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Legislative Process ◽  
The Third ◽  
Legislative Procedure ◽  
Linguistic Control

In world practice linguistic control of rulemaking is a binding procedure, the importance of which is axiomatic. However, in Ukraine the legal status of linguistic expertise of draft laws (LEB) is still not defined owing to political, legal and social factors. Therefore, in the article the author considers LEB in linguistic and legal aspects. Classical and modern approaches to the classification of linguistic expertise of bills, also prospects of its implementation in Ukraine are considered. The article consists of the following parts: theoretical analysis, applied aspect and law dimensions of LEB. The first part of the article gives a detailed review of scientific approaches to categorization of LEB according to various criteria. Special attention is paid to those classifications that have integral nature (taking into consideration legal and linguistic factors of examining the texts of draft laws). In the second part, particular attention is given to the author's classification of LEB in the context of the legislative procedure in Ukraine. It is requested to group linguistic examination of bills in four types: discursive, semantic, grammatical and translation examinations. The kind of errors in the texts of bills was chosen as the criterion for the classification of LEB. In the third part, Ukrainian legislation governing legal relations in the area of draft laws examination in the legislative process are overviewed, flaws of legal regulation of expert activities in the field of lawmaking are noted. It is shown that legal status of LEBs in the legislative procedure is absent and the ways to legalize LEB in Ukraine are suggested. The article is of interest to specialists in the fields of the theory of state and law, constitutional law, applied linguistics, relevant experts, as well as to justice authorities and the judicial system representatives.

Оскарження рішень, дій чи бездіяльності публічної адміністрації як вид гарантії забезпечення надання публічних послуг у судовому порядку

2019 ◽  
Vol 24 ◽  
Author(s):  
О. В. Бойко
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Public Services ◽  
Legal Regulation ◽  
Scientific Article ◽  
Preliminary Stage ◽  
The Law ◽  
The Moment ◽  
Court Hearing

The scientific article identifies the peculiarities of appealing the decisions, actions or omissions of public administration subjects on the provision of public services at the stage of initiation and preparation for judicial review of an administrative case. The author substantiates the feasibility of improving the legal regulation of the procedure for holding a preliminary hearing before the court hearing of the case. In particular, it is considered expedient to set the terms of the preparatory meeting from the moment of receipt of the administrative claim, as well as to determine the cases when the parties are not reconciled.It is established that the preliminary stage of the court hearing often ends with the conclusion of the preliminary proceedings and the appointment of the case to trial in the field of public services. This is not against the law. However, it should be borne in mind that in accordance with Art. 121 of the CAS of Ukraine such a decision is delivered by the consequences of preparatory proceedings, not the previous court hearing. Obviously, preparatory proceedings are not limited to, and do not always end at, a previous court hearing. Preparation may continue after a preliminary hearing. Therefore, the decision to close the preliminary proceedings and assign the case to trial after the consequences of the previous court hearing can only be made if the judge has taken all the measures necessary to hear the case. If during a previous court hearing in the field of public services, to which all persons involved in the case have arrived, the issues necessary for its consideration have been resolved, then, with the written consent of these persons, a court hearing may be initiated on the same day. In this case, the termination order is also delivered.

scholarly journals Variables Associated with the Use of Coercive Measures on Psychiatric Patients in Spanish Penitentiary Centers

2014 ◽  
Vol 2014 ◽  
pp. 1-7 ◽  
Author(s):  
E. Girela ◽  
A. López ◽  
L. Ortega ◽  
J. De-Juan ◽  
F. Ruiz ◽  
...  
Keyword(s):  
Mentally Ill ◽  
Psychiatric Patients ◽  
Psychiatric Inpatient ◽  
Psychiatric Hospitals ◽  
Coercive Measure ◽  
Coercive Measures ◽  
External Assessment ◽  
Mechanical Restraint ◽  
The Family ◽  
Inpatient Units

We have studied the use of coercive medical measures (forced medication, isolation, and mechanical restraint) in mentally ill inmates within two secure psychiatric hospitals (SPH) and three regular prisons (RP) in Spain. Variables related to adopted coercive measures were analyzed, such as type of measure, causes of indication, opinion of patient inmate, opinion of medical staff, and more frequent morbidity. A total of 209 patients (108 from SPH and 101 from RP) were studied. Isolation (41.35%) was the most frequent coercive measure, followed by mechanical restraint (33.17%) and forced medication (25.48%). The type of center has some influence; specifically in RP there is less risk of isolation and restraint than in SPH. Not having had any previous imprisonment reduces isolation and restraint risk while increases the risk of forced medication, as well as previous admissions to psychiatric inpatient units does. Finally, the fact of having lived with a partner before imprisonment reduces the risk of forced medication and communication with the family decreases the risk of isolation. Patients subjected to a coercive measure exhibited a pronounced psychopathology and most of them had been subjected to such measures on previous occasions. The mere fact of external assessment of compliance with human rights slows down the incidence of coercive measures.

NEWS AND ANNOUNCEMENTS

PEDIATRICS ◽  
1959 ◽  
Vol 24 (1) ◽  
pp. 160-163
Keyword(s):  
Private Practice ◽  
Legal Aspects ◽  
Adoptive Parents ◽  
Faculty Members ◽  
Law Schools ◽  
The Third ◽  
Social Agencies

Children's Bureau Publication The Attorney's Part in Adoption, Children's Bureau Folder No. 47, is the third in the series of folders on adoption recently issued by the Children's Bureau. It deals with the part the attorney plays in the adoptive process. Fourteen attorneys, some engaged in the private practice of law, others faculty members in law schools and still others representatives of public or voluntary social agencies, met in Washington in May, 1958 to discuss the role of the attorney in adoption. Particular consideration was given to the legal aspects of adoption in relation to the natural parents, the child and to the adoptive parents. This leaflet is based on the principles discussed in this meeting. Copies are available from the Superintendent of Documents for 10 cents each with the usual discount of 25% on lots of 100 or more sent to one address.

Dynamics of the regulatory function of Ukrainian lawin the context of European and international legal harmonization

2021 ◽  
pp. 49-56
Author(s):  
Roman Zvarych ◽  
Bohdan Hryvnak
Keyword(s):  
International Law ◽  
European Integration ◽  
Practical Significance ◽  
Regulatory Function ◽  
Scientific Article ◽  
Legal Systems ◽  
Legal Analysis ◽  
Council Of Europe ◽  
European Union Law ◽  
Legal Harmonization

Purpose. The purpose of the work is a comprehensive theoretical and legal analysis of the main problems of the dynamics of the regulatory function of Ukrainian law in the context of European integration and international legal harmonization. Method. The following theoretical methods of scientific knowledge were used in the study: the method of scientific analysis; system-structural; historical and legal; axiological; comparative law; formal-legal and method of generalization. Results. The scientific article highlights the process of transformation of the regulatory function of modern Ukrainian law in the context of its approximation to EU and international law. In the course of the research it was proved that in the issues of the European integration course the leading role belongs to the principles of realization of the regulatory function and regulatory influence. In particular, the implementation of the principle of the primacy of international law is for Ukraine a political and legal guarantee of stable relations with Europe and the world, as well as a legal means of protecting its legitimate interests. On the basis of the main principle of priority of norms of international law, such derivative principles of interaction of legal systems of the Council of Europe and Ukraine as: a) the principle of the rule of law should be developed; b) the principle of interconnectedness and complementarity of the law of the Council of Europe and Ukraine; c) the principles of cooperation, good faith fulfillment of obligations to the Council of Europe and the principle of mutual protection of human rights. Scientific novelty. The study found that the regulatory function of law, despite the narrowing of its scope at the domestic level and within national legal systems, has expanded its scope at the international and European levels, and especially at the level of European Union law. In this case, in the latter case, it interacts most closely with the integrative function. Practical significance. The results of the research can be useful for further general theoretical and applied research of the dynamics of the regulatory function of Ukrainian law in the context of European and international legal harmonization.

Sign in / Sign up

Export Citation Format

Share Document