scholarly journals Application of Foreign Law in Economic Disputes and Implementation of National Interests

2019 ◽  
Vol 71 ◽  
pp. 02007
Author(s):  
N.V. Deltsova ◽  
U.A. Dorofeeva ◽  
M.N. Zubkova ◽  
M.A. Tokmakov
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Public Order ◽  
Law And Order ◽  
National Interests ◽  
Theoretical Understanding ◽  
Foreign Law ◽  
Mandatory Rules

In the context of globalization, the question of protecting one's own national interests is becoming more acute for the state on whose territory foreign law and order is applied. The application of foreign legislation in economic disputes creates various problems and raises questions related to the establishment of the content of foreign law, which must be resolved in the context of Theoretical understanding and law enforcement practice. This study is aimed at identifying the risks of uncertainty in the application of foreign law to relations involving a foreign element in the Russian legal reality and finding ways to overcome them taking into account national interests. Special attention is paid to consideration of the Institute of non-use (limitations) of foreign law is presented in the form of rules on the application of the mandatory rules of the forum (lex fori), the reservation of public order (order public), and eliminating the use of foreign law in case of conflict.

scholarly journals The Legal Status of Subjects of Corporate Relationships: Doctrinal and Law Enforcement Aspects

2021 ◽  
Vol 2 ◽  
pp. 3-7
Author(s):  
Oksana V. Cherkasova ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Status ◽  
Case Law ◽  
Civil Code ◽  
Law And Order ◽  
Generic Term ◽  
Foreign Law ◽  
The Russian Federation ◽  
The Right

The article reviews the legal status of subjects of corporate relationships, analyzes doctrinal and law enforcement aspects. The author analyzes the scientists’ standpoints, various models of interaction between the subjects of corporate relationships existing in foreign law and order, case law, arrives at conclusions about the correlation between the categories of the “right of participation”, “right of membership”, “right of management”. It is noted that the membership concept evolves out of participation by performing the function of a generic term. It is suggested to determine the “right of management” of a corporation as just one of the member’s activity areas along with other rights. The author recommends to ensure consistency of the provision of Article 2 of the Civil Code of the Russian Federation and Articles 65.2, 65.3 of the Civil Code of the Russian Federation where the concept of the “right of participation” would act as a basic one and the “right of management” would be its constituent part.

scholarly journals Law Enforcement in Times of Violent Demonstrations

2021 ◽  
Vol 15 (2) ◽  
pp. 219-240
Author(s):  
Syed Kaleem Imam
Keyword(s):  
Law Enforcement ◽  
Legal Framework ◽  
Public Order ◽  
Law And Order ◽  
Police Response ◽  
Depth Study ◽  
Public Disorder

This paper is an in-depth study on the country's public disorder and the efficacy of police response. In order to understand the dynamics of police response towards violent public order situations, it is important to elaborate complexities of the prevailing environment. The evaluation of this environment revolves around the existing policing practices towards handling volatile law and order situations, available legal framework, and internal challenges to deal with violent situations firmly. The research is based on the police department's shared thoughts, years of handling turbulent situations, and the requisite provisions for an apt response. Besides relevant reports, articles and assessed data have been consulted. Suggestions as to how police can act in a better manner in times, related strategies and tactical procedures have been elucidated.

scholarly journals Public Policy Interests and Algorithm for Determining the Law Applicable to Private Law Relations Complicated by a Foreign Element

2021 ◽  
Vol 16 (4) ◽  
pp. 184-192
Author(s):  
A. A. Shulakov
Keyword(s):  
Public Policy ◽  
Law Enforcement ◽  
Public Order ◽  
Private Law ◽  
Law And Order ◽  
Applicable Law ◽  
Cross Border ◽  
Enforcement Officer ◽  
Law Enforcement Officer ◽  
The Law

The study contains a step-by-step algorithm for determining the law applicable to private cross-border legal relations. The algorithm is developed based on legislation, law enforcement practice and doctrine. The initial rule of the sequential execution of the stages (steps) of the algorithm is a mechanism in which the determination of the law applicable to the legal relationship at one of the stages excludes the subsequent stages of the algorithm. Public policy interests dictate the rules for determining the law to be applied to private law relations complicated by a foreign element. The establishment by the legislator and law enforcement officer of the closest connection between the interests of conflicting public orders (legal orders) with elements of cross-border legal relations is the basis for the process regulation in the Russian Federation. At the first, second and third stages of the algorithm, the interests of the domestic public order (law and order) dominate. At the fourth stage of the algorithm, public interests in the part not regulated by super imperative norms are correlated with the agreement of the parties on the choice of the applicable law. At the fifth — eighth stages of the algorithm, the law enforcement officer is guided by the rules established by the legislator taking into account the interests of public orders that are conflicting in cross-border legal relations. At the last, ninth stage of the algorithm, the applicable law is established by the judge based on the closest connection between the interests of public order (law and order) with elements of crossborder legal relations.

scholarly journals Interaction between the state migration service and the national police – an important guarantee of human rights

2021 ◽  
pp. 29-38
Author(s):  
Valeriia Golub
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Migration Policy ◽  
The State ◽  
Public Order ◽  
Constitutional Rights ◽  
Joint Work ◽  
Law Enforcement Agencies ◽  
The Law ◽  
National Police

The study is devoted to the problem of the need to increase the efficiency of the law enforcement system of Ukraine, its institutions such as the State Migration Service of Ukraine and the National Police of Ukraine. The article considers one of the areas of intensification of the system of the Ministry of Internal Affairs - the organization of their interaction, namely: a comprehensive approach to the state to ensure the constitutional rights and freedoms of man and citizen in Ukraine, effective measures to ensure public order and public security. Emphasis is placed on the need to take further steps to strengthen the interaction between the National Police and the State Migration Service, study and use in this process the positive experience of the law enforcement system of Ukraine. Appropriate measures are proposed for more effective cooperation between the State Migration Service and the National Police in ensuring human rights and freedoms in Ukraine. Considering the experience of the results of joint activities of the SCSU and the NPU on the protection of constitutional human rights and freedoms in the Kharkiv region, the study provides sound proposals for further and more effective promotion of such forms of work. The article provides examples of practical results of joint work of the SCSU and NPU, which confirm the feasibility of establishing cooperation in the functioning of these law enforcement agencies. The situation in the country with the protection and realization of the rights of some categories of foreign citizens and stateless persons staying on the territory of Ukraine is also analyzed. The study examines the current situation in the country with the protection of refugee rights, highlights the factors that force society and government agencies that determine migration policy in Ukraine, to pay attention to this, to focus on the factors and consequences of these violations. Keywords: National Police of Ukraine, State Migration Service of Ukraine, interaction, law enforcement body, human rights, migrant, refugee, public safety, public order.

scholarly journals MIĘDZY KONIECZNOŚCIĄ A MOŻLIWOŚCIAMI – PRZEKSZTAŁCENIA W RESORCIE SPRAW WEWNĘTRZNYCH W OKRESIE TRANSFORMACJI USTROJOWEJ W POLSCE; ASPEKTY ORGANIZACYJNO-PRAWNE

2016 ◽  
Vol 11 (3) ◽  
pp. 221
Author(s):  
Piotr Majer
Keyword(s):  
Law Enforcement ◽  
The State ◽  
The Political ◽  
Public Order ◽  
Political Transformation ◽  
Political Transformations ◽  
Security Service ◽  
State Administration ◽  
Internal Affairs ◽  
State Protection

BETWEEN THE NECESSITY AND CAPABILITIES – TRANSFORMATIONS IN THE INTERNAL AFFAIRS DEPARTMENT DURING THE POLITICAL TRANSFORMATION; THE ORGANIZATIONAL AND LEGISLATIVE ASPECTS Summary The reconstruction of the Ministry of Internal Affairs was a very important task in the process of political transformations initiated in Poland in 1989. This postulate, made under the provisions of the statutory law, was materialised in 3 resolutions adopted by the Parliament on 6 April 1990. Pursuant to the provisions of those resolutions , the internal affairs minister was deprived of his law enforcement powers, becoming solely the supreme body of state administration implementing national policies in the area of state protection, security and public order. The above functions were transferred to the respective agencies reporting to the minister. In the successive resolutions adopted on 6 April 1990, the Parliament set forth the powers and organisational principles of two such agencies – the Police and the State Protection Office. The above began operations on 10 May 1990 when the said resolutions came into force. In the final part of the article, the author discusses the controversy surrounding the drafting of the above resolutions, including staff affairs relating to the winding up of the Security Service and the Citizens’ Militia.

KEY PRINCIPLES OF PROVIDING PUBLIC ORDER BY THE NATIONAL POLICE DURING MASS EVENTS

2017 ◽  
Author(s):  
Andrii Melnyk ◽  
◽  
Mykola Gutsuliak ◽  
Keyword(s):  
Law Enforcement ◽  
Public Order ◽  
Scientific Article ◽  
The European Union ◽  
Law And Order ◽  
Human Right ◽  
Basic Principles ◽  
Mass Gatherings ◽  
National Police ◽  
Mass Events

The article deals with the features of public order and security during mass events in terms of foreign experience, which is implemented in the activities of bodies and units of the National Police of Ukraine in the framework of its reform. There has been analyzed the basic principles that determine the strategy and methods of policing with mass gatherings under the best European practices (Scandinavian model) to ensure law and order. In particular, the key principles of European law enforcement practice in ensuring the human right to a peaceful assembly about the range of regulations that define the activities of the National Police in this area of ​​activity have been studied. There has been investigated the main criteria that affect the effectiveness of the study model of public order protection in the work of the National Police of Ukraine. The scientific research is based on the concept of the introduction of the Scandinavian model of public safety and order in the activities of bodies and subdivisions of the National Police of Ukraine during mass events, through the prism of the provisions enshrined in it. The presented conclusions and proposals in the scientific article are based on the interview of persons from the leadership of the bodies and units of the National Police, who were trained by the Advisory Mission of the European Union in Ukraine on public order during mass events [1].

APPLICATION OF FIREARMS AS ONE OF THE MEANS OF COORDINATION BY THE STATE WITHIN THE COMPETENCE OF EMPLOYEES OF INTERNAL AFFAIRS

2021 ◽  
Author(s):  
Vladymyrov M. ◽  
Paliukh V.
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Social Groups ◽  
Law Enforcement Officers ◽  
The State ◽  
Law And Order ◽  
The Rule Of Law ◽  
The Right ◽  
The Impact

The article considers the main competencies of law enforcement officers who have the right to use firearms, as a force representing the state to maintain law and order, and prevent violations of human rights and security, which allows to determine the levels of possible use of firearms as a form of coercion and influence on civil society, as well as to identify its subjects and objects - to identify all participants in such a process, and the impact on large social groups in order to comply with the rule of law in society.

Police Functions and Public Order

2016 ◽  
Author(s):  
Christopher J. Fuhrmann
Keyword(s):  
Roman Empire ◽  
Law Enforcement ◽  
Social Order ◽  
Early Republic ◽  
State Power ◽  
The State ◽  
Roman Law ◽  
Public Order ◽  
State Institutions ◽  
Self Help

This chapter surveys and analyses major trends in Roman law enforcement and approaches to public order. Chronological coverage runs from the early Republic through later Antiquity, but especially concentrates on the late Republic and early Principate. The overall focus is on society’s responses to perceived challenges to public order, and the state institutions which engaged in policing in Rome, Italy and the provinces of the Roman Empire. While non-institutional self-help was important, emperors, governors, city magistrates, and other power-holders frequently turned to institutional policing to counter crime and threats to social order or state power. Scrutinizing Roman attempts to reinforce public order highlights often overlooked ambitions of the Roman state.

scholarly journals Legal status of police services, implementing anti-criminal policy of the 17th century muscovite state

2020 ◽  
pp. 127-130
Author(s):  
A. G. Ryabchenko
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Power Level ◽  
Criminal Policy ◽  
17Th Century ◽  
Public Order ◽  
Law And Order ◽  
Police Services ◽  
Set Up

The article deals with the specifics which for mauthority of the prikazy, voivodes and gubnye institutions in the 17th century Muscovite State interms of anti-criminal activities that consist in maintaining public order and taking part incriminal procedure. The largest works copein relation tocombating crime was done by the Robbery prikaz that ran gubnye izby and set up a gubnoy starosta corps (by means of elections and appointments). Apart from the Robbery prikaz, law-enforcement duties, to a great extent, were also implemented by the Zemskiy and Sysknoy prikaz. Special attention with in this article is paid to the issue of voivodes competence formation in connection with anti-criminal policy, their duties were determined by «nakazy» from the centre and consisted both in maintaining law and order and arranging search and investigation into the cases under their jurisdiction. The article also addresses the lack of definite separation of duties within the jurisdiction context, e.g., political off enders could be and if needed had to be traced by police services of all levels, but an investigation was generally conducted at the prikaz level where as a judgment could be delivered at the highest power level.

scholarly journals Intrusion of international law into the national legal system

2021 ◽  
Vol 5 (1) ◽  
pp. 40-57
Author(s):  
V. F. Anisimov ◽  
Yu. V. Truntsevskiy
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Legal System ◽  
The State ◽  
Point Of View ◽  
Legal Systems ◽  
Foreign Law ◽  
National Legal System ◽  
International Obligations ◽  
The Law

The subject of the research is the peculiarities of the implementation of international law in national legal systems, the law enforcement practice of the implementation of international legal obligations of the state, doctrinal approaches to the interaction of the norms of international and domestic law. The purpose of the article is to confirm or disprove the hypothesis that the limits, forms and methods of the ex-ante intrusion of international law into the national legal system are determined not only as a result of the agreed will of States, but also against such will, under the influence of the interests of individual States or their political blocs that occupy a dominant position in an international organization. Methodology. The authors use such general theoretical and specific scientific methods as comparative analysis, generalization, interpretation and classification as well as systemic analysis and formal logical methods. The main results. The forms and methods of intrusion of international law into the legal systems are diversified. International law is not limited to interstate relations. Global processes require the development of new scientific approaches to understanding the processes of intrusion of international law into the legal systems of States. These processes require the study of the forms and methods of the impact of international law and international institutions on the national legal order. States are sometimes forced to implement measures developed in the international implementation mechanism (due to the need for international financial assistance as well as the inability to single-handedly defeat internal corruption, create a favorable international image, etc.). The international legal invasion exist already ex – post through the decisions of international judicial bodies or the assertive recommendations of international organizations. Their demands are made not just to comply with international obligations, but to change national legislation. The implementation of the norms of international law in national legal systems should be carried out at the domestic level just as much as it is necessary to fulfill these international obligations. The law enforcement practice in the state is based solely on national principles of law, and it is unacceptable to comply with the requirements from the outside to change them from the point of view of the independence of the state. It is the exclusive right of each State to determine the content of acts of interpretation of international bodies in relation to the decisions and actions of specific States from the point of view of their national interests. We prove that every state has the important right to determine the limits of the invasion of international law in their national legal system: the contents of implementing legislation; the completeness of implementation of the decisions and recommendations of international bodies and courts; the recognition of the extraterritorial validity of foreign law and forms of its implementation. Conclusions. The fundamental principle of international law- pacta sunt servanda – is transforming into a practical imperative – national legislation must change. This is due to the recognition of the jurisdiction of international judicial bodies. This is due to the extraterritorial effect of foreign law; it is connected with the transnational character of the law of international integration entities. This is due to the inability of individual States to resist exponential corruption. The continuous nature of the intrusion of international law into national legal systems is reflected in the various methods of such interference. The article proves the importance of each state having the right to independently determine the limits of the intrusion of international law into their national legal system.

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