Debatable Issues on Land Rights Protection of Indigenous Small-numbered Peoples of the North, Siberia and the Far East of the Russian Federation

2020 ◽  
pp. 1-20
Author(s):  
Natalia Nikolaevna Averyanova ◽  
Aleksey Pavlovich Anisimov ◽  
Galina Nikolaevna Komkova
Keyword(s):  
Legal Status ◽  
Far East ◽  
Essential Element ◽  
Land Rights ◽  
Legal Personality ◽  
Rights Protection ◽  
The North ◽  
Legal Nature ◽  
The Right ◽  
Important State

Abstract The article presents the authors’ ideas concerning the legal nature of land rights of indigenous small-numbered peoples in Russia. It should be noted that land rights of indigenous small-numbered peoples are part of their special constitutional legal personality, an essential element of their legal status. On the basis of international acts on the rights of indigenous peoples, the opportunity to give indigenous small-numbered peoples of Russia their traditional land to use on the grounds of ownership is assessed as non-promising. The article scrutinises the system of land rights of indigenous small-numbered peoples that is established in Russia. The authors point to the imperfection of the legislation in this area, which may lead to violation of the rights of indigenous small-numbered peoples. It should be noted that one of the most important state guarantees is the right of indigenous small-numbered peoples to free and indefinite use of lands.

scholarly journals Legal status of the company's share in own authorized capital under the Law of Ukraine “On limited and additional liability companies”: problems of legal regulation

2021 ◽  
Vol 11/1 (-) ◽  
pp. 31-36
Author(s):  
Volodymyr TSIUPRYK
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
General Meeting ◽  
Legal Regulation ◽  
Legal Nature ◽  
The Law ◽  
The Right ◽  
A Company ◽  
Authorized Capital ◽  
A Share

Introduction. Nowadays, the issue of determining the legal status of the company's share in the own authorized capital of LLC and TDV has become quite acute, as evidenced by the adoption on July 28, 2021 by the Commercial Court of Cassation in Case № 904/1112/20, in which the Court established a new approach legal nature of such a phenomenon and expressed his own position on the understanding of the legislation concerning the legal status of the share of LLC and TDV in its own authorized capital. Given that a limited liability company is the most popular type of legal entity that is chosen to conduct business in Ukraine, the analysis of this issue is relevant. Some scientific value for the development of the transfer of the participant's share are the works of individual authors devoted to the study of the legal nature of the share in the authorized capital but the problems arising around the legal status of the company. in their own authorized capital in these works were only mentioned along with others, but did not receive a detailed separate study. The purpose of the paper is to analyze the normative regulation of the legal status of the company's share in the own authorized capital of LLCs and ALCs, identification of shortcomings in their legal regulation and implementation, as well as the search for ways to eliminate them. Results. One of the most relevant decisions concerning the subject of this article is the Judgment of the Commercial Court of Cassation in case № 904/1112/20 of July 28, 2021. The court in this case found that the votes attributable to the share belonging to the company itself are not taken into account when determining the results of voting at the general meeting of participants on any issues. However, Ukrainian legislation does not contain any direct norms that would prohibit the exercise of the right to manage a company in relation to itself on the basis of a share in its own authorized capital. That is why the company cannot be a participant in relation to itself, although they seem logical, but do not have sufficient regulatory support, and therefore do not allow to be firmly convinced of their compliance with the law. In view of this, it can be stated that there is a significant gap in the national legislation on this issue, which, in our opinion, the Court failed to “fill” with this decision in the case. Conclusion. In the Ukrainian legislation at the level of the Law of Ukraine “On Limited and Additional Liability Companies” Article 25 defines the possibility for a company to acquire a share in its own authorized capital. However, the regulation of the legal status of such a share cannot be called sufficient, due to which in practice there are certain problems in the implementation of the provisions of the legislation concerning the share of the company in its own authorized capital. The solution of these legal problems is necessary to ensure the highest quality and clarity of the law, as well as to form case law with common approaches to understanding a single rule.

scholarly journals Exercise of Land Rights by Rural Residents

2019 ◽  
pp. 193-200
Author(s):  
О. V. Popova
Keyword(s):  
Rural Areas ◽  
Agricultural Land ◽  
Far East ◽  
Land Rights ◽  
Maximum Size ◽  
Rural Residents ◽  
The Far East ◽  
The Russian Federation ◽  
The Right ◽  
Far Eastern

The pre-emptive right to purchase and sell agricultural land by the authorities of the constituent entities of the Russian Federation, the maximum size of agricultural land plots, the allocation of shares among rural residents and some other features of agricultural legislation are restrictions on the realization of the right of rural residents to own land. The lack of adequate infrastructure in rural areas, especially in the Far East that fall under the Far Eastern Hectare project, is also seen as an obstacle for rural residents to exercise their right to land.

scholarly journals International Legal Subjectivity: Concept and Reality in the UN

2014 ◽  
Vol 4 (1) ◽  
pp. 381
Author(s):  
MSc. Ornela Taci
Keyword(s):  
United Nations ◽  
International Law ◽  
Qualitative Methodology ◽  
Legal Status ◽  
Legal Personality ◽  
Legal Subjectivity ◽  
Un Reform ◽  
Legal Nature ◽  
Open Debate ◽  
International Legal Personality

The article titled “International legal subjectivity: Concept and reality in the UN” the first, identifies debates on subjects of International Law briefly. The identification of debates serves to deal the creation of UNO (United Nations). Then, the article treates a brief historical overview on the functions of the UN since its creation until today to analyze international legal personality and its legal nature opposite functions that are dampened and transnational capabilities, the UN priority today. Also, it gives the reasons why the debate on UN reform should remain open.The aim of this study is to examine from the perspective of a qualitative methodology the characteristics of the legal status of the UN in space and in time to create a model based on Charter and on the real exercise of its functions but not according to denomination. The theories on international legal personality, the distribution of the United Nations and the consequences are not treated for this reason in this study. Also, historical and legal methods are used.The legal status of UNO is a tool to fulfil mission in approach of action of International Law, the challenge of the debate today. UNO was established in 1945 and acts are based on its Charter and international documents. The UN mission has changed today but the International Order is not in danger because the target of the UN is its renewal through reforms. The open debate on reform gives a contribution on evolution of International Law.

The legal status of emigrants from Russia in the first years after the October Revolution of 1917 (on the example of North Caucasians)

2021 ◽  
pp. 645-659
Author(s):  
Anzor A. Murdalov ◽  
Rustam A. Tovsultanov
Keyword(s):  
Legal Status ◽  
Second World War ◽  
October Revolution ◽  
North Caucasus ◽  
International Convention ◽  
The North ◽  
History Of ◽  
Definition Of ◽  
The Right ◽  
Second World

Emigration has been known to mankind for more than a century. We name the factors contributing to emigration, give examples from the history of emigration both abroad and Russia. We emphasize that at the present time, Russian citizens emigrate to other countries, using the right to freely leave the state, and can also have dual citizenship under Russian law, or renounce citizenship, and then get it again. We pay special attention to the settlement of the territory of North Caucasus, which began in the 8th – 7th – 6th – 5th thousand BC. We analyze the features of emigration of people from North Caucasus after the October Revolution of 1917. The specifics of the emigration of people from this region of country are emphasized. Thus, the majority of people emigrated to the Ottoman Empire, and then moved to Europe. We indicate that in fact, after the adoption of the Decrees of the Central Executive Committee, the SNK of RSFSR in 1921, “On the deprivation of the rights of citizenship of certain categories of persons who are abroad” many emigrants from Russia, including North Caucasians, have become disenfranchised. This circumstance greatly influenced the publication of the Nansen passport (it was introduced in 1922 and became widespread in 1924), according to which emigrants were granted a number of legal and social rights. In addition, it is applicable to emigrants from Russia, including from the North Caucasus, in 1922 and 1926. The Geneva definition of “Russian refugee” was given, and the International Convention on the International Status of Refugees of 1933 created an alternative to naturalization for refugees from Russia. Subsequently, before the outbreak of the Second World War, people received, as a rule, the citizenship of the countries in which they began to live.

scholarly journals Ochotnicza straż pożarna jednostką ochrony przeciwpożarowej

Prawo ◽  
2018 ◽  
Vol 326 ◽  
pp. 37-48
Author(s):  
Henryk Nowicki
Keyword(s):  
Fire Safety ◽  
Legal Status ◽  
Fire Department ◽  
Safety System ◽  
Fire Departments ◽  
Fund Management ◽  
Legal Personality ◽  
Public Benefit ◽  
Legal Nature ◽  
Volunteer Fire Departments

Volunteer fire department as a  part of fire safetyThis article presents a  legal status of volunteer fire departments and their role in the fire safety system. It pays particular attention to the fact that the activity in the field of fire safety belongs to public task, in this case carried out by social organisations. Taking into account the legal status of the volunteer fire departments acting as associations which often have a  character of public benefit organisations, the author postulates a  clear statutory indication of the legal nature of the volunteer fire departments as associations with legal personality. Therefore it is important to equip the volunteer fire departments with professional legal and fund management which should be provided by the relevant municipalities.

scholarly journals International Information Security in the Framework of International Law (Methodology, Theory)

2018 ◽  
Vol 5 (4) ◽  
pp. 9-16
Author(s):  
N I Kostenko
Keyword(s):  
Information Security ◽  
Legal Status ◽  
Information Warfare ◽  
International Treaties ◽  
Legal Regime ◽  
Legal Principles ◽  
Legal Nature ◽  
Logical Method ◽  
Basic Approaches ◽  
The Right

The aim of the study is to form basic approaches to formation and development of the law of international information security. The relevance of such an analysis is provided by the analysis of the legal nature of international information security. Examines the information component, which is an important component of international and national security. Explores the international information security management issues within the framework of the law of international law and of international information security in particular. Examines the problem of ensuring international information security on the improvement of the legal system of international information security. Analyses the legal nature of international information security in modern conditions. Explores approaches to the subject of education newly emerging branch of international law: the right of international information security. The work involves scientific and private scientific research methods, including analysis, synthesis, deductive, inductive, systematic methods, normative-logical method and other methods of cognition. In an article in a special way the role of information security at the international level and of ensuring international information security actors are the State, its bodies, legal entities and natural persons, who are required to carry out its activities in a specified direction. The novelty of the study is: firstly, the international information security is aimed at forming and ensuring international information security legal regime on the basis of the universally recognized principles and norms of international law and international treaties; secondly, international legal principles and norms regulating the legal status of the information space, usage of public persons, belong to the branch of international law: the right of international information security; thirdly, under the international information security understand global information system security from threats of «triad»- terrorist, kiberprestupnye and politico-military (under military-political threats means information warfare and information confrontation). Fourthly, the international information security is governed by universally recognized principles and norms of international law, international treaties of the Russian Federation and.

scholarly journals LEGAL NATURE OF THE WORKING ARRANGEMENTS OF THE EUROPEAN BORDER AND COAST GUARD AGENCY

2020 ◽  
Keyword(s):  
International Organizations ◽  
Personal Data ◽  
Coast Guard ◽  
Legal Personality ◽  
Prior Approval ◽  
Legal Nature ◽  
International Obligations ◽  
The Right ◽  
International Legal Personality ◽  
First Time

The article analyzes the content and the procedure for concluding working arrangements of the European Border and Coast Guard Agency (FRONTEX). It is noted that, taking into account its legal personality, the Agency's partners may be third countries and international organizations with which it has the right to enter into the relevant arrangements on its own. The author draws attention to the fact that in FRONTEX’s enforcement practices there are different names of concluded agreements, but in form and content they are all working arrangements. The procedure for the negotiation and conclusion of working arrangements is analyzed and it is concluded that the EU pays serious attention to the legal instrument under consideration for cooperation with international partners. In particular, it is noted that the Commission and the Member States play a significant role in the harmonization of the text of the agreement. It is proposed to empower the European Parliament by granting it the right of prior approval of the final text of the document. The content of working arrangements concluded with third countries and international organizations is analyzed in detail and the following features are established: 1) since 2012, there is a trend to consolidate the principle of respect for human rights in agreements with third countries; 2) the agreements may contain provisions on the financial aspects of cooperation between the parties; 3) for the first time in the working arrangement with Kosovo, the provision on the exchange of personal data is enshrined; 4) certain working arrangements provide for the possibility of suspend of the agreement until the dispute is settled between the parties. It is concluded that the working arrangements are not international public treaties, because: 1) agreements with third countries directly establish that such documents do not create international obligations; 2) the agency is not endowed with the international legal personality to conclude agreements on behalf of the Union under the procedure provided for in Art. 218 TFEU; 3) the text of the document mainly contains non-binding wording. The author proposes to consider working arrangements as acts of soft law, the implementation of which leads to legal consequences. Cooperation between FRONTEX and third countries and international organizations is not limited by working arrangements and may be expanded by additional agreements.

Indigenous Peoples of the Russian North and Their Right to Traditional Fishing

2018 ◽  
Vol 25 (1) ◽  
pp. 51-83 ◽  
Author(s):  
Ekaterina Andreyevna Zmyvalova
Keyword(s):  
Development Strategy ◽  
Indigenous Peoples ◽  
Russian Federation ◽  
Far East ◽  
The Arctic ◽  
The North ◽  
Russian North ◽  
The Russian Federation ◽  
The Right ◽  
Traditional Fishing

The preservation of the traditional livelihood of the indigenous peoples of the Russian North is one of the State’s policy priorities in the Russian Federation. This is declared in such documents as, inter alia, the Development Strategy of the Arctic Zone of the Russian Federation and the National Security for the period up to 2020 and the Paper on the Sustainable Development of the Indigenous Small-Numbered Peoples of the North, Siberia and the Far East of Russia for the period up to 2025. Fishing is one of the basic traditional practices for the indigenous peoples of the Russian North. Despite the legal recognition of the right to traditional fishing of indigenous peoples, the practical realization of this right is complicated. While analysing the current situation, the author attempts to shed some light on the reasons of the problematic realization of this right.

A new approach to protecting ecosystems

2017 ◽  
Vol 19 (4) ◽  
pp. 266-279 ◽  
Author(s):  
Christopher Rodgers
Keyword(s):  
New Zealand ◽  
Environmental Governance ◽  
Legal Status ◽  
Environmental Law ◽  
River System ◽  
Innovative Approach ◽  
Spiritual Values ◽  
Land Claims ◽  
Legal Personality ◽  
The North

The Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 settled the longest-running litigation over Maori land claims in New Zealand history. The Whanganui river is New Zealand’s longest navigable river, stretching from Mount Tongariro in the North Island to the Tasman Sea. The settlement, and the 2017 Act which implements it, confers legal personality on the river system, giving it a unique legal status that recognises not only the need to protect the ecosystem it represents, but also to provide a legal forum in which to implement Maori cultural and spiritual attitudes to the relationship of land and people. It can be argued this marks a new and innovative approach to protecting the environment, focusing at the ecosystem level and incorporating spiritual values in a manner unknown in environmental law in most Western legal systems. This is not, however, the first time that an approach based on principles found in the 2017 Act has been used in a New Zealand context. This article will consider the 2017 Act and its principal objectives, and set the legislation within the very distinctive context of the legal culture within which environmental law in New Zealand sits. It highlights differences of approach from those adopted in English law to similar problems of ecosystem management, and concludes by considering whether (and what) lessons can be drawn from this innovative approach for the wider environmental governance of the natural environment.

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.

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