Part V Global and Regional Security Mechanisms, Ch.58 The Organization for Security and Co-operation in Europe

2021 ◽  
Author(s):  
Greminger Thomas
Keyword(s):  
Legal Status ◽  
Regional Security ◽  
Legal Personality ◽  
Relevant Today ◽  
Legal Context ◽  
The Status ◽  
Operational Activities ◽  
Mutual Relations ◽  
The Cold War ◽  
United Nations Charter

This chapter details how, for several decades, the normative framework for European security has been based on the principles and commitments of the Helsinki Final Act. The Helsinki principles and commitments, the result of more than two years of almost unbroken diplomatic negotiations, became the basis for guiding mutual relations amongst the participating States during the Cold War and helped to smooth the process of post-Communist transition. They remain relevant today as the fifty-seven participating States of the Organization for Security and Co-operation in Europe (OSCE) look to return to a rules-based system in order to enhance predictability, trust, and stability. The chapter looks at how OSCE principles and commitments have contributed to promoting security and cooperation in Europe. It explores how a political body, and the norms articulated by its participating States, fit into the framework of international law, and influence or are driven by it. Moreover, the chapter considers the impact that the unclear legal status of the OSCE has, particularly on operational activities. It analyses the OSCE as a political arrangement, its legal context, its structures, the status of its international legal personality and its impact, the OSCE as a regional arrangement under the United Nations Charter, and the various dimensions of the OSCE’s work.

scholarly journals Analysis of real-estate property issues between the Serbian Orthodox Church and the Montenegrin state in the context of adopting the Act on freedom of religion or belief and the legal status of religious communities

2020 ◽  
Vol 59 (88) ◽  
pp. 111-133
Author(s):  
Sanja Arežina
Keyword(s):  
Real Estate ◽  
Legal Status ◽  
Religious Community ◽  
Religious Communities ◽  
Freedom Of Religion ◽  
Adoption Process ◽  
Orthodox Church ◽  
The Status ◽  
Estate Property ◽  
Mutual Relations

The entry into force of the Act on Freedom of Religion or Belief and the Legal Status of Religious Communities (hereinafter: the Freedom of Religion Act) in January 2020 provoked reactions and protests from the Orthodox population of Serbian descent in Montenegro because some provisions of this Act allow for the confiscation of centuries-old real-estate property of the Serbian Orthodox Church dioceses in Montenegro. It should be noted that the Serbian Orthodox Church (SOC) is the only religious community in Montenegro with which the Montenegrin authorities have not concluded a Fundamental Agreement on the Regulation of Mutual Relations. In order to reach a compromise solution, negotiations have begun between the dioceses of the SOC in Montenegro and the Montenegrin authorities. In this article, the author discusses the history of relations between the SOC and the Montenegrin state in the period from the beginnings of Montenegrin statehood in the 15th century to the enactment of the the Freedom of Religion Act in early 2020. In particular, the paper focuses on the regulation of real-estate property issue in that period, the factors that influenced the adoption of this Act, the adoption process, the analysis of provisions related to real-estate property issues, and the recommendations of the Venice Commission. The author uses the structural-functional analysis, induction and deduction methods to prove the basic hypothesis that the Montenegrin authorities will not be able to ignore the legitimate rights of the SOC's dioceses in Montenegro regarding the regulation of real-estate property issues, and that the two sides will find an interest to reach a compromise during the negotiations on the disputed Act and conclude the Fundamental Agreement in order to permanently resolve the status of the Serbian Orthodox Church in Montenegro.

scholarly journals LEGAL STATUS OF A JUDGE AS A PUBLIC SERVANT

2019 ◽  
pp. 124-130
Author(s):  
Yu.V. Slabunova ◽  
N.M. Shcherbak
Keyword(s):  
Public Service ◽  
Legal Status ◽  
Public Official ◽  
The European Union ◽  
Association Agreement ◽  
Legal Personality ◽  
Public Servant ◽  
The Status ◽  
The Government ◽  
Legislative Improvement

The article deals with the characterization of the legal status of a judge of a court of general jurisdiction as a public servant. In the context of the active development and improvement of public administration in the world, the role of public service as a defining feature of the state for which the rights, freedoms, and legitimate interests of citizens is of the highest social value is increasing. Since the signing of the Association Agreement with the European Union by Ukraine, it has become necessary to introduce and establish in the national legislation such an institution as a public service. This became the lever that started the process of reforming the government system in the country and determined the correct vector for the development of public service in Ukraine. Legislative improvement of the judicial system and the status of judges of courts of general jurisdiction in the context of public service reform in Ukraine is one of the prerequisites for the further development of our country as a rule of law and democracy. In particular, public service reform in Ukraine should be aimed at creating a fundamentally new system of judiciary. Unfortunately, as of today, the domestic legislation has not undergone significant changes and additions regarding the introduction of the Public Service Institute. Particular attention is paid to the concept of “public service”, which is the defining legal definition for the study. Based on the analysis of the opinions of scientists, scientists form a list of the main features of public service. The nature and content of the activity of judges of courts of general jurisdiction is determined by the totality of the relevant legal elements that are part of the structure of their legal status. These include the judge’s legal personality, his rights and obligations, functions, principles, legal liability, and safeguards. The list of features of activity of judges of courts of general jurisdiction as public servants is determined. It is concluded that the status of judges of the courts of general jurisdiction is to be legally enshrined as a fundamentally separate and distinct type of public service. Keywords: public official, public service, judges of courts of general jurisdiction, judicial authorities, legal status.

scholarly journals SYNCHRONIZATION OF PROCEDURAL AND FINANCIAL (BANKING) FUSE OF THE IMMUNITY OF PROPERTY RIGHTS

2021 ◽  
Vol 2 (37) ◽  
pp. 503-509
Author(s):  
V. Kantsir ◽  
V. Kushpit ◽  
A. Palyukh ◽  
I. Tsylyuryk ◽  
I. Kantsir
Keyword(s):  
Property Rights ◽  
Social Reproduction ◽  
Legal Status ◽  
Legal Regulation ◽  
Jel Classification ◽  
Criminal Proceedings ◽  
Legal Context ◽  
The Status ◽  
The Right ◽  
Judicial Protection

Abstract. The article is devoted to analysis of the effectiveness of the main procedural legal and financial (banking) mechanisms designed to ensure the protection of property rights’ immunity. The legally regulated procedures of such protection are analyzed on platforms — both procedural and legal as well as financial and economic. There is no doubt that only in a state where the immunity of property is declared and guaranteed to the person can be provided the development of economic, intellectual, socially oriented activities. The effect of the principle of immunity of property rights is not absolute, but its restrictions are possible only on the grounds and in the manner prescribed by law. The topicality of the inviolability of property rights is due to the role of law as a platform for citizens’ property independence and their participation in the processes of social reproduction. The guarantee of property independence is the right of ownership of property and non-property rights, which is realized by giving a person the right to freely, unimpededly, and fully exercise the rights of the owner of personal property. The compliance of the inviolability of property rights during criminal proceedings is not properly ensured in the current CPC (The Criminal Procedure Code) of Ukraine; in particular, the movement of confiscated property is not regulated, which questions the novelty of inviolability. To improve the procedure for the protection of property rights, this is necessary to regulate at the legislative level the mechanism of protection and restoration of property rights of persons victimized by criminal offenses. The etymology of «inviolability» guarantees by law the protection of the status of the person from any encroachment. Inviolability in the economic and legal context is mainly understood as a person’s legal status, which is an unalterable guarantee against unauthorized restrictions by the state institutions — law enforcement, financial, court, and individuals and legal entities. An attempt is made to accumulate most of the latest achievements (both legislative, theoretically investigative and applied) on the issues of legal regulation of the studied financial and legal relations, based on which scientific views are substantiated, and proposals are developed to improve regulations in this area. The main vectors of economic and legal mechanisms for the protection of the inviolability of property rights, which would correlate with generally accepted European and world standards, have been identified. Keywords: the inviolability of property rights, property rights, principles of proceedings, judicial protection, seizure of property, financial guarantee, financial risks. JEL Classification G28; К14 Formulas: 0; fig.: 0; tabl.: 0; bibl.: 12.

scholarly journals LEGAL STATUS OF A FORENSIC EXPERT: TOPICAL REGULATORY ACTIVITY PROBLEMS

2020 ◽  
pp. 82-89
Author(s):  
S. Nesterenko ◽  
O. Stulov
Keyword(s):  
Legal Status ◽  
Criminal Proceedings ◽  
Scientific Publications ◽  
Legal Personality ◽  
Forensic Expertise ◽  
European Court ◽  
The Status ◽  
International Obligations ◽  
Forensic Expert ◽  
The Law

The article deals with the analysis of dissertation thesis and scientific publications in domestic and foreign editions, the concepts of “legal personality”, “legal status of a forensic expert”, “procedural status of a forensic expert”, their general and distinctive features. The authors propose to improve these concepts as well as the legislative consolidation of the status of a forensic expert in the new version of the Law of Ukraine “On Forensic Expertise”. The authors draw attention to the imperfection of regulation of the legal status of a forensic expert in the Law of Ukraine “On Forensic Expertise”, as well as to the unreasonable extension of the powers of a forensic expert by a subordinate normative legal act – the Instructions on the appointment and conduct of forensic examinations and expert studies, approved by order of the Ministry of Justice of Ukraine as of August 10, 1998 No. 53/5 (as amended by the order of the Ministry of Justice of December 26, 2012 No. 1950/5). As a result of the conducted research, the authors come to the conclusion that the issues of the status of a forensic expert need to be updated, as a participant in criminal proceedings, as well as draw attention to the lack of harmonization of domestic legislation in the field of forensic examination and procedural legislation. There is a need to adopt a new version of the Law of Ukraine “On Forensic Expertise”, considering all international obligations of Ukraine and the practice of the European Court of Human Rights.

scholarly journals Evolution of Individual Status in International Law

2018 ◽  
Vol 11 (4) ◽  
pp. 116
Author(s):  
Sayel Mofleh Momani ◽  
Maher Saleh Al-Jubouri ◽  
Noor Akef Al-Dabbas
Keyword(s):  
International Law ◽  
Legal System ◽  
Legal Status ◽  
Legal Person ◽  
Legal Personality ◽  
The Status ◽  
International Legal Order ◽  
The Individual ◽  
The Right ◽  
The Relationship

Each legal system has individuals who are addressed with its rules and that the legal rules of the legal system are designed to regulate the relationship between these individuals, and one individual can have legal personality in more than one legal system. The legal personality of these individuals is highlighted by the relationship between them and the legal system in which arranges for them rights and impose obligations on them. The rights and duties of a legal person are not the same; they vary from person to person within the same legal system, and vary from one legal system to another. With regard to the international legal order, it has its own international legal persons, foremost among them States. As for the individual, his legal status under general international law is still not clearly defined and is a subject of controversy among the jurists and interpreters of international law. We will present the position of international jurisprudence on the status of the individual in the first demand, the rules of international law that address individuals directly in a second demand, and the right to submit complaints and claims at the international level in a third demand.

DOCTRINAL APPROACHES TO DEFINING THE CONCEPT OF CONSTITUTIONAL AND LEGAL STATUS OF PROFESSIONAL JUDGES

2021 ◽  
Author(s):  
Ruslan Skrynkovskyy ◽  
◽  
Vitaliy Hudyma ◽  
Mariana Khmyz ◽  
Valentyn Liubarskyi ◽  
...  
Keyword(s):  
Legal Status ◽  
Qualitative Feature ◽  
Legal Responsibility ◽  
Constitutional Court ◽  
Structural Elements ◽  
Legal Basis ◽  
Basic Principles ◽  
Legal Personality ◽  
The Status ◽  
The Law

The article reveals the essential characteristics of the concept of «constitutional and legal status of professional judges", based on doctrinal approaches to its consideration. It is established that the legal basis of the constitutional and legal status of judges is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges», the Bangalore Principles of Judicial Conduct. It is determined that the constitutional and legal status of professional judges is revealed as the formation of understanding and perception of the essence of such status, based on the foundations of constitutional and legal science. It was found that the main structural elements of the constitutional and legal status of professional judges are: 1) legal personality as a special and at the same time qualitative feature of a judge, as a subject authorized to exercise the function of justice; 2) the grounds for bringing a judge to legal responsibility; 3) the rights and duties of a judge, which are regulated by the provisions of Article 56 of the Law of Ukraine «On the Judiciary and the Status of Judges»; 4) oath, according to which a person appointed to the position of a judge guarantees compliance with the basic principles of legal conduct, which must be followed by a professional judge not only in judicial but also in extrajudicial activities and regulated by Article 57 of the Law of Ukraine «On the Judiciary and the Status of Judges»; 5) requirements for the position of a judge, which are regulated by the provisions of Article 127 of the Constitution of Ukraine and the provisions of Article 69 of the Law of Ukraine «On the Judiciary and the Status of Judges» to judges of courts of general jurisdiction, for example, to judges of the Constitutional Court of Ukraine, then the provisions of Article 148 of the Constitution of Ukraine; 7) constitutional and legal guarantees, which are enshrined in the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges» and the Bangalore Principles of Judicial Conduct. It is noted that the prospects for further research in this area are the study of the legal basis for the independence of professional judges as one of the constitutional principles of their legal status.

scholarly journals Canadian Women as Legal Persons: How Alberta Combined Judicial, Executive and Legislative Powers to Win Full Legal Personality for All Canadian Women - The Jubilee of Henrietta Muir Edwards and Others v. Attorney-General for Canada decided October 18, 1929

1969 ◽  
pp. 331
Author(s):  
Olive M. Stone
Keyword(s):  
Historical Perspective ◽  
Legal Status ◽  
Attorney General ◽  
Case Law ◽  
Western Canada ◽  
Legal Personality ◽  
Legal Development ◽  
The Status ◽  
British Case ◽  
Status Of Women

Alberta was greatly influential in the development of the full legal status of women in Canada. The author discusses the state of laws concerning women prevailing before the landmark case Edwards v. Attorney-General for Canada,providing valuable historical perspective. American and British case law and statutes are compared with their Canadian counterparts, concluding with an overview of the legal development of the status of women in Western Canada.

scholarly journals Internetional Experience Of Legal Regulation Of The Status Of Non-Entrepreneurial Legal Entities

2021 ◽  
pp. 22-33
Author(s):  
O.I. Zozuliak ◽  
Yu.I. Paruta
Keyword(s):  
Legal Status ◽  
Scientific Work ◽  
Legal Regulation ◽  
Legal Personality ◽  
For Profit ◽  
The Status ◽  
Legal Model ◽  
Charity Organization ◽  
European Standards ◽  
Legal Entities

The article deals with studying the legislation of individual countries on the legal status of non-entrepreneurial legal entities. It is stated that in international practice there is no single term that would describe all non-entrepreneurial legal entities. Typically, several terms are used, such as non-for-profit orgnisation, non­governmental organization, charity organization, private voluntary organization, civil social organization. In the scientific work authors analyzed the documents that are common to the whole European community and individual countries. The main features of non­entrepreneurial legal entities according to European standards are outlined. Among them: the main goal can not be making a profit, and in the case of making a profit it is aimed at achieving the goals for which the organization was created, non­entrepreneurial legal entities with legal personality acquire the same rights as other legal entities, the possibility of creating member organizations and organizations without membership. It is noted that the division of non-entrepreneurial legal entities on the basis of the system is the fundamental in Poland. That is why non­entrepreneurial legal entities in Poland are divided into companies and foundations. German law provides the creation of not only companies and foundations, but also associations that may not be intended for business purposes. The scientific work studies not only the provisions of legislative acts, but also the scientific developments of domestic and foreign scientists. In particular, doctrinal approaches to non-entrepreneurial legal entities in Germany, Japan, England and Wales were studied. It is concluded that it is not possible to accept the legal model of a non­entrepreneurial legal entity of a certain country and introduce it into national legislation, because each country has its own peculiarities.

scholarly journals THE LEGAL STATUS OF PRODUCERS OF RAW MATERIALS FOR BABY FOOD

2020 ◽  
pp. 66-71
Author(s):  
R. Shybko
Keyword(s):  
Legal Status ◽  
Infant Nutrition ◽  
Raw Materials ◽  
Raw Milk ◽  
Baby Food ◽  
Raw Material ◽  
Agricultural Producers ◽  
Legal Personality ◽  
The Status ◽  
Materials Used

The article is devoted to the research of legal status of the producers of agricultural raw materials for infant nutrition in Ukraine. It is established that in the legislation of Ukraine there is no single approach to defining the concept of "an agricultural producer", which may create negative consequences in law enforcement. The article highlights the legal issues of general, special and particular legal personality of producers of plant and animal origin for infant nutrition. According to national legislation, producers of agricultural raw materials for baby nutrition are endowed with a special legal personality, which is manifested through the prism of their obligation to produce high-quality and safe agricultural raw materials. The article analyzes the current legal status of special raw material zones for the production of raw materials used for the manufacture of infant nutrition and dietary nutrition. As of 19 July 2019 the Register of Special Raw Zones includes nine businesses that produce agricultural raw materials for baby nutrition. At the same time, such entities mainly produce milk and raw milk, which is due to the statutory state support of those agricultural enterprises that produce ecologically clean milk and raw milk for baby nutrition in special raw material zones. The need to establish a ban on any use of pesticides in special raw material areas is stressed. It is noted that those agribusiness entities that operate in special raw material areas are able to provide baby nutrition producers with environmentally friendly and safe raw materials of animal and plant origin. At the same time, such entities have almost no advantages over agricultural producers without the status of a special raw material zone. The author emphasizes the negative trend of reducing the number of special raw material zones for the production of raw materials used for the manufacture of baby nutrition. Thus, there is an urgent need to create an effective mechanism of state support for agribusiness entities that have received the status of a special raw material zone. The author concludes that agricultural producers who produce raw materials in special raw material zones are endowed with a particular legal personality. Keywords: agricultural raw materials, agricultural production cooperative, baby food, genetically modified organisms, farming, food quality and safety, pesticides and agrochemicals, special raw material zone.

Urgensi Ilmu Kedokteran Islam dengan Hukum Islam (Studi Identifikasi Deoxrybo Nucleic Acid (DNA) terhadap Sepersusuan)

2018 ◽  
Vol 12 (1) ◽  
pp. 133-146
Author(s):  
Li’izza Diana Manzil
Keyword(s):  
Nucleic Acid ◽  
Breast Milk ◽  
Legal Status ◽  
Islamic Law ◽  
Medical Science ◽  
Dna Identification ◽  
Islamic Medicine ◽  
Parents And Children ◽  
The Status ◽  
Brothers And Sisters

One sign of the rapidly growing world of medical science is its success in making one discovery about Deoxrybo Nucleid Acid (DNA). Islam does not prohibit the practice of DNA identification because it can be used in determining the legal status of relative relationships and related marital prohibitions among families because of the similarity of DNA genes between parents and their children. In Islam marriage prohibition can also occur between brothers and sisters. DNA identification can be done between siblings as a result of the presence of gene elements in breast milk. In addition, breast milk can also develop bone and grow meat if breastfeeding at least five times suction. But the results of DNA tests conducted between siblings cannot be more accurate if done to find relationships of parents and children. From this it clearly proves that Islamic medicine has an urgent value to Islamic law. This can be seen from one of its axiology in determining the status of brotherhood.

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