scholarly journals ‘Our Traditions Will Kill Us!’: Negotiating Marriage Celebrations in the Face of Legal Regulation of Tradition in Tajikistan

2021 ◽  
Vol 100 (2) ◽  
pp. 147-171
Author(s):  
Elena Borisova
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Community Member ◽  
Ethnographic Research ◽  
Moral Person ◽  
The Face ◽  
The Law

Abstract Based on extensive ethnographic research in northern Tajikistan, this article examines the implications of the law ordering traditions and rituals (tanzim), including marriage celebrations, in Tajikistan. At the centre of my analysis is the figure of a state employed ‘worker of culture’, Farkhod, whose family was affected by recent, rather militant, attempts by the state to regulate tradition. By following the story of his daughter’s wedding, I analyse how Farkhod tries to reconcile his roles of a caring father, a respectful community member, and a law-abiding citizen. I argue that the tanzim exacerbates the mismatch between the government’s attempts to impose a rigid notion of tradition and promote the idea of a certain kind of modern citizen, and people’s own understandings of being a modern and moral person having a good wedding.

From the Law of Ransom to the Law of Release

2018 ◽  
Author(s):  
Will Smiley
Keyword(s):  
The State ◽  
Legal Tradition ◽  
The Face ◽  
The Law ◽  
New System

This chapter charts the “Law of Release,” a new system of rules that replaced the Law of Ransom. These rules were based on treaties signed from 1739 onward, but also on a variety of lesser agreements and unwritten understandings and the Islamic legal tradition. They were renewed frequently, and structured captivity as late as the 1850s. This chapter will explore the basic structures of the Law of Release—how captives were found, released, and sent home, and how slaveowners were convinced, coerced, or compensated to cooperate. I argue that while release was initially limited to Istanbul, and to the most visible captives, it extended both into elite households, and outward along the Ottoman corridors of power. This process tested the limits of the Ottoman state, forcing the state to cooperate with Russian officials for the benefit of both. They did so in the face of resistance from captors.

scholarly journals Modern legal content of optimization of directions of administrative and legal regulation of the state cybersecurity policy

2021 ◽  
pp. 31-42
Author(s):  
Igor Diorditsa
Keyword(s):  
Cyber Security ◽  
State Policy ◽  
Critical Infrastructure ◽  
Armed Forces ◽  
Legal Regulation ◽  
Training System ◽  
The State ◽  
National Interests ◽  
Cyber Threats ◽  
The Law

The article proposes to consider the author's results of determining the conceptual provisions for optimizing the areas of administrative and legal regulation of state cybersecurity policy. The content of the current state of state policy in the field of cybersecurity is considered. Theoretical and practical aspects of optimization of legal relations in the field of state cybersecurity policy are analyzed. The interpretation of the state cybersecurity policy of Ukraine is determined – the activity of state and legal institutions to manage real and potential cyber threats and dangers to meet the cyber needs of man and citizen, as well as the realization of national interests in this area. The own vision of directions of the state cybersecurity policy according to the maintenance of a number of regulatory legal acts is offered, namely: directions of the state cybersecurity policy according to the Law of Ukraine «About the basic principles of maintenance of cybersecurity of Ukraine»; directions of the state cybersecurity policy in accordance with the Law of Ukraine «On Fundamentals of National Security of Ukraine»; directions of the state cybersecurity policy in accordance with the Doctrine of Information Security of Ukraine. It is concluded that the priority areas for optimizing state policy to strengthen the administrative and legal regulation of cybersecurity of the state are the following reforming cyber law as a segment of information legislation of Ukraine, especially in terms of not only clearly defining current threats and threats to cyber security, but also mechanisms public policy, including symmetric cyber measures; research on the protection of critical infrastructure from cyberattacks; promoting the development of domestic innovative products that can be used to strengthen the cybersecurity of the state; completion of the implementation of the provisions of the Council of Europe Convention on Cybercrime into national law; optimization of the training system in the field of cybersecurity for the needs of the Armed Forces of Ukraine and other bodies of the security and defense sector of Ukraine; promoting a more active policy of state security institutions to inform the public about cyber threats; promoting the militarization of cyberspace; support for both existing multilateral training sessions on countering cyberattacks on the state information infrastructure, and initiating new types of such training sessions. Key words:cybersecurity, cyberspace, state policy, cybersecurity policy, cybercrime.

scholarly journals The Principles of Administrative Law as a Prism for Assessing the Content of Normative and Legal Provisions: Opportunities for Identifying the Problems and Solutions

2019 ◽  
Vol 87 (4) ◽  
pp. 104-116
Author(s):  
V. O. Ivantsov
Keyword(s):  
Rule Of Law ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
Charitable Organizations ◽  
The Rule Of Law ◽  
Legal Provisions ◽  
The Law ◽  
The Individual ◽  
Corruption Prevention

The author of the article assesses the content of administrative normative and legal acts (on the example of legal regulation of restrictions on receiving gifts) through the prism of modern understanding of the principles of administrative law, which made it possible to distinguish a number of problems for determining the content of some of them and to work out the ways to solve them, namely: 1) Having studied the norms of the laws of Ukraine “On Prevention of Corruption” and “On Charitable Activities and Charitable Organizations” through the prism of the principle of humanism and justice in the relations between the individual and the state, it is proved that the legal possibility in the sphere of legal relations in the sphere cannot be restricted (forbidden) humanism and charity; 2) an analysis of the law enforcement practice of implementing the prohibition on gift giving has often revealed a flagrant violation of the rule of law; emphasized that ensuring the legal certainty of the described ban can be ensured by revealing its content by the National Anti-Corruption Agency; 3) installed: – uncertainty about the specific characteristics of “allowed gifts”, which requires amendments to the Law of Ukraine “On Corruption Prevention” to exclude them or to provide clear explanations within the framework of the NACC Guidelines; – violation of the provisions of the Typical Anti-Corruption Program of a Legal Entity approved by the Decision of NAPC No. 75 dated from March 2, 2017 No. 75 on the principle of hierarchical highness of law, which requires amendments to them in accordance with the provisions of the Art. 23 of the Law of Ukraine "On Prevention of Corruption", which defines uniform rules for determining the amount of "allowed gift"; – the content of the concept of "gift" does not correspond to such an important element of the rule of law as "prohibition of discrimination and equality before the law", which requires amendments to the Law of Ukraine "On Prevention of Corruption" in the part of the correction of the concept of "gift" as such is bounded by the restriction of "family-private" relations not related to the performance of functions of the state or local self-government. As a result, it was found out that the principles of administrative law in order to improve the regulatory acts of the sphere of administrative and legal regulation are: 1) as a criterion for assessing the content of provisions of regulatory legal acts, resulting in the isolation of their shortcomings; 2) legal bases for elaboration of amendments and additions to administrative normative legal acts.

scholarly journals Topical Issues of the Improvement of Legal Regulation in the Sphere of Subsoil Use

2020 ◽  
Vol 3 ◽  
pp. 85-90
Author(s):  
Roza N. Salieva ◽  
Keyword(s):  
State Energy ◽  
Legal Regulation ◽  
The State ◽  
State Control ◽  
Energy Strategy ◽  
Fund Management ◽  
License Agreement ◽  
The Russian Federation ◽  
Russian Law ◽  
The Law

This article examines issues pertaining to the improvement of the legal regulation of subsoil use relations in the Russian Federation. It contains specific proposals on the improvement of subsoil use law. The purpose of the legal regulation of subsoil use relations shall be enshrined in the Russian Law “On Subsoil” according to the objectives of the state energy policy for subsoil use and state subsoil fund management. The Law “On Subsoil” needs to reflect the subsoil use goals of the state described in Russia’s Energy Strategy until 2035. It seems reasonable to include a section containing basic terms and definitions used in the subsoil legislation into the Law “On Subsoil”. It is important to make sure the Law “On Subsoil” contains a rule stating that a license agreement is an integral and mandatory part of a license to help streamline the legal regulation of subsoil use licensing. It is advisable to reinforce the Russian Law “On Subsoil” and codify state control and regulation principles.

scholarly journals Sanctions as a legal phenomenon in the law of Ukraine and international standards of their application

2021 ◽  
pp. 73-86
Author(s):  
Nataliia Iakymchuk
Keyword(s):  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Legal Responsibility ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Legal Nature ◽  
The Law ◽  
Restrictive Measures ◽  
Legal Entities

The article examines the theoretical and practical issues of application of the Law of Ukraine «On Sanctions» of August 14, 2014 and analyzes the existing views on the legal nature of such «legal phenomenon» as sanctions - special economic, financial and other restrictive measures (sanctions) provided by this Law. The article specifies the main issues facing the researchers of the Institute of Sanctions. The purpose of the article is coverage of the state of legal regulation and legal nature of such a phenomenon as sanctions (economic, financial) in the right to Ukraine. In order to achieve this goal, the author used a set of general and special methods that are characteristic of legal science. The article covers the issue of Ukraine's sovereign right to protection, in particular through the application of economic and other restrictive measures (sanctions) «to protect national interests, national security, sovereignty and territorial integrity of Ukraine, counter terrorist activity, as well as prevention of violations, restoration of violated rights and freedoms and legitimate interests of citizens of Ukraine, society and the state». The range of subjects against which sanctions can be applied has been studied, namely: a) foreign states; b) foreign legal entities; c) legal entities under the control of a foreign legal entity or a non-resident individual, foreigners, stateless persons; d) entities engaged in terrorist activities. Sanctions are defined as legal measures to respond immediately to violations of various rights, from encroachment on state sovereignty to the commission of a crime of an international nature, which are temporary, which are applied primarily through coercive measures, which are implemented using constitutional, financial, administrative, economic, criminal procedural, executive, economic procedural and other branches of law. The issues of the grounds for application of sanctions, their types and criteria for their delimitation, the term of application of sanctions, as well as the range of authorized entities in the field of their application are covered. The main approaches of scholars to the characterization of sanctions as measures of influence are investigated. It is noted that sanctions are measures of influence different from measures of legal responsibility, which may have a "non-criminal" nature. It is stated that sanctions are measures of influence that are applied, albeit in parallel, but in a systematic connection with the criminal prosecution imposed by the state or executed by it as a subject of international cooperation in the fight against crime. Their application is, firstly, due to the decision at the international or regional level on the application of international economic (financial) sanctions, personal sanctions in the course of criminal prosecution for acts of an international crime. However, Ukraine is obliged to adhere to international standards of the legal mechanism for the application of sanctions at the domestic level, to improve the procedural principles of their application, appeal procedures and amendments to the decision. We consider the participation of the Commissioner for Human Rights in the process of reviewing the decision on the application of sanctions and appealing the decisions necessary. Amendments to the Law of Ukraine "On Sanctions" are proposed in order to establish among the necessary grounds for the application of sanctions to individuals the opening of criminal proceedings against them, and for legal entities - the opening of criminal proceedings against related persons, as well as amendments to the Criminal Procedure Code of Ukraine, as it does not contain provisions on such preliminary measures (securing and stopping) as "sanctions". In addition, in general, the sanctions procedure requires greater transparency, and it is concluded that sanctions can be applied to Ukrainian citizens only if they are suspected of involvement in terrorist activities.

scholarly journals Administrative and Legal Principles of Prosecutor’s Office Interaction with Public Administration Entities on the Issues of Performing Assigned Functions

2021 ◽  
Vol 80 (1) ◽  
pp. 55-61
Author(s):  
О. Ю. Прокопенко ◽  
В. І. Кравцов
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Legal Regulation ◽  
The State ◽  
Legal Principles ◽  
Civil Proceedings ◽  
The Status ◽  
The Law ◽  
Executive Agencies ◽  
Enforcement Activity

The problem of legal regulation of interaction between the prosecutor’s office and public administration entities on the issues of performing the assigned functions has been studied. The research is based on studying such legislative acts as the Constitution of Ukraine, Laws of Ukraine “On Central Executive Agencies”, “On the Prosecutor’s Office”, “On the Status of MPs of Ukraine”, “On Temporary Investigative and Special Commissions of the Verkhovna Rada of Ukraine” and other legislative acts and bylaws regulating the interaction of the prosecutor’s office with state authorities. The interaction of the prosecutor’s office with public administration entities has been defined as the procedure of appeal of the prosecutor’s office to the executive authorities, which is regulated by law norms, as well as the procedure of consideration of the appeals of MPs and representatives of the executive authorities in the prosecutor’s office. The authors have established the following main directions of the interaction between the prosecutor’s office and the state authorities: consideration of Mps inquiries by the prosecutor’s office, participation of prosecutors in the work of investigative commissions and temporary special commissions of the Verkhovna Rada of Ukraine, interaction of the prosecutor’s office with the Accounting Chamber of the Verkhovna Rada of Ukraine, prosecutors’ representation of state interests in the court by presenting lawsuits within administrative, commercial or civil proceedings, interaction of the prosecutor’s office with the judicial branch of power in the process of judicial system, coordination of law enforcement activity, informing the representative authorities about the results of the activity of the prosecutor’s office and the rule of law in the state and individual territorial community. Improvement of legal principles of cooperation between prosecutor’s office and public administration entities can take place in such areas as bringing the provisions of the Law of Ukraine “On the Prosecutor’s Office” in line with the Constitution of Ukraine, development of a common form of request to all prosecutor’s office in regard to represent the interests in court, establishment of uniform terms for all authorities to consider their requests by the prosecutor’s office, establishment of a separate norm in the Law of Ukraine “On the Prosecutor’s Office” that would regulate the procedure and conditions of coordination of law enforcement activities of other authorities by the prosecutor’s office.

scholarly journals State and law: transformation vectors in modern conditions

2021 ◽  
Vol 108 ◽  
pp. 01015
Author(s):  
Nadezhda Stepanovna Nizhnik ◽  
Maksim Viktorovich Bavsun ◽  
Yakub Lomalievich Aliev ◽  
Pavel Aleksandrovich Astafichev ◽  
Anatoliy Sergeevich Kvitchuk
Keyword(s):  
Social Life ◽  
Social Transformation ◽  
Legal Regulation ◽  
The State ◽  
Heated Debate ◽  
The Subject ◽  
The Law ◽  
Transformation Vectors ◽  
The Given ◽  
Transformation Processes

Contemporaneity represents an epoch of qualitative changes in social life, which creates due grounds for different scenarios of development of the state and law. The concern for the prospects of state/legal organisation of the society has placed the problem of transformation of the state and law in the centre of scientific conceptualisation, made it a subject of heated debate and accounted for the creation of annalistic history. The authors of the article take part in the polylogue on the given subject by formulating their position on the future of the cultural phenomena – the state and the law. The philosophical/legal research is based on the recognition of the fact that the global scientific revolution has in fact become a reality, and there are due grounds for the formation of the post-classical legal science. The complexity and multidimensionality of the subject of the research – the prospects of transformation of a nation state and law in the conditions of contemporaneity – required a resort to interdisciplinary methodology. The accomplished research largely relied on the anthropocentric approach that allowed the authors to focus on a human being and its consciousness, considering that the latter has an ability to adapt to the challenges of globalisation and the development of digital technologies. As a result of the research, the authors came to the conclusion that the modern state is transforming and acquiring new characteristics under the powerful influence of globalisation processes. The claims of scholars who presume that the state will wither in the foreseeable stage of human development were subjected to criticism. The authors believe that the state continues to be the core of social organisation and adapts to the challenges and threats of the modern time by acquiring new characteristics. Transformation takes place as well in the sphere of legal regulation. The law is comprehended not just as a set of norms or daily activity of people aimed to realise these norms. The law is realised to construct the reality; at the same time the law as such becomes an object of influence of social transformation processes following which the content, forms, legal systems, as well as the mechanisms of law development and law enforcement, undergo changes. An important component of changes is transformation of the philosophical core of law reflecting the processes of change in the paradigm of values.

scholarly journals legal basis of formation of piblic service institution in Ukraine

2021 ◽  
Vol 2021 (2) ◽  
pp. 79-88
Author(s):  
S. О. Nishchymna ◽  
Keyword(s):  
Public Service ◽  
Civil Service ◽  
Legal Regulation ◽  
The State ◽  
Civil Servants ◽  
Professional Activity ◽  
Legal Basis ◽  
The Public ◽  
Service Institution ◽  
The Law

The article analyzes the approaches to the civil service organization in Ukraine and examines the regulations of the civil service establishment since independence time. The attention is payed to the regulatory uncertainty of the separation of civil and public service in Ukraine. It is emphasized that the legal basis of the civil service in Ukraine is determined by the Law of Ukraine “On Civil Service”, which was adopted in 2015. The first such laws were adopted in 1993 and 2011. The Law of Ukraine “On Civil Service” of 1993 for the first time established a special legal status of civil servants – persons authorized to perform state functions. The Civil Service recognized the professional activity of persons holding positions in state bodies and their staff for the practical performance of tasks and functions of the state, receiving salaries at the expense of state funds. The Main Department of the Civil Service under the Cabinet of Ministers of Ukraine was designated as the civil service government body in the state bodies. At that time, the procedure for serving in local self-government bodies was not legally regulated in Ukraine, which hampered the establishment of the public service institution in Ukraine. With the adoption of the Constitution of Ukraine, there was a division of public service into civil service and service in local self-governments. The Laws of Ukraine “On Local Self-Government in Ukraine” and “On Service in Local Self-Government Bodies” became an additional basis for distinguishing types of public service. In 2011, a new Law of Ukraine “On Civil Service” was adopted, which provided for changes in the legal regulation of the civil service in Ukraine. Civil service was recognized as a professional activity of civil servants in preparing proposals for the civil policy formation, ensuring its implementation and provision of administrative services, ie the categories of political positions and positions of civil servants were distinguished. The current legislation defines the role of the civil service and its features, as well as the conditions of service in local governments, which is actually the basis for the public service system formation in Ukraine. Key words: civil service, public service, service in local self-government bodies.

One-time voluntary declaration in Ukraine

2021 ◽  
Author(s):  
Oksana Makuch
Keyword(s):  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Main Body ◽  
Tax Legislation ◽  
Tax Amnesty ◽  
Special Procedure ◽  
The Law ◽  
National Tax ◽  
Legal Mechanism

Problem setting. In recent years, law-making in Ukraine in the field of taxation has undergone significant changes. Such transformations are related to many factors, for example: (1) the need to bring national tax legislation in line with the provisions of international standards; (2) introduction of modern technologies into the sphere of tax and legal regulation; (3) actualization of the issue of filling the revenue parts of budgets in a pandemic, etc. Taking into account these and other factors, the state must implement appropriate measures, implement new legislation. Thus, one of the latest novelties of tax legislation is the introduction in accordance with the Law of Ukraine “On Amendments to the Tax Code of Ukraine and other laws of Ukraine to stimulate de-shadowing of incomes and increase tax culture of citizens by introducing one-time (special) voluntary declaration of assets and payment one-time collection to the budget ”(hereinafter – the Law № 1539) [11] voluntary tax declaration, which in fact provides for a tax amnesty. Analysis of recent researches and publications. It is significant that the institution of amnesty is not new to law, in particular, tax, and its research was carried out by such lawyers as: T.O. Belova, M. P. Kucheryavenko, I.V. Pivovarova, I. V. Prikhodko, V. O. Ryadinska, E. M. Smychok. At the same time, in modern conditions, the legal mechanism of its implementation has undergone appropriate transformations, which in turn necessitates an analysis of modern approaches to the definition and regulation of tax amnesty. Target of research is to analyze various aspects of the legal regulation of one-time (special) voluntary declaration as a mechanism of tax amnesty in Ukraine. Article’s main body. The article considers the legal regulation of one-time (special) voluntary tax declaration, reveals its legal mechanism and content characteristics. It is established that the signs of modern tax amnesty are: 1) special subject composition – only natural persons-taxpayers; 2) specific objects of declaration – assets of natural persons located on the territory of Ukraine and / or abroad, if they are received (acquired) by such natural person at the expense of income that was subject to taxation in Ukraine at the time of their accrual (receipt) which have not been paid or not paid in full taxes and fees, and / or which have not been declared in violation of tax and currency legislation; 3) voluntary – the taxpayer decides at his own discretion to use such legislative innovations or not; 4) temporal limitation (only from September 1, 2021 to September 1, 2022); 5) payment – the subject of declaring pays a fee to the budget for the use of special voluntary declaration, the amount of which is calculated taking into account specific rates; 6) a special procedure for submitting such a declaration. Conclusions and prospect of development. It is emphasized that it is too early to state the positive consequences of the introduction of such a mechanism (especially for the taxpayers). The necessity and expediency of building a tax system and a system of administration of taxes and fees with a high degree of trust in the state in the taxpayer are emphasized.

Legal Regulation of Land Lease in Ukraine

2020 ◽  
Vol 11 (4) ◽  
pp. 1398
Author(s):  
Dmytro V. SANNIKOV ◽  
Svetlana V. KHOMINETS ◽  
Denys L. KOVACH ◽  
Rymma A. TSYLIURYK ◽  
Alona O. CHYRYK ◽  
...  
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Legal Issues ◽  
Practical Significance ◽  
Successful Resolution ◽  
Legislative Framework ◽  
Legal Position ◽  
The Law ◽  
The Right

The paper investigates the legal regulation of land lease in Ukraine. The expediency of strengthening the role and responsibility of the state in the field of conservation of leased land is substantiated. The current legislative provisions governing the legal issues of leasing land plots in Ukraine are provided. The main issues of legal regulation of land lease in Ukraine are formulated from the standpoint of the current legislative acts. The relevance of the issue is determined by the urgent need to resolve all issues arising between the parties upon handover (acceptance) of land for lease in Ukraine within the framework of the current legislation. Legal regulation of all issues related to the lease of land in Ukraine helps to prevent and resolve disputes between the parties related to ignorance, or failure to perform obligations of lease agreements, which are consolidated by the provisions of the current legislation, by any of the parties. Relations between lessees and lessors acquire a legislative framework, which greatly facilitates the resolution of all possible disputes. The practical significance of the study lies in identification and statement of the main regulations of current legislation, which objectively govern the issues of lease relations between the parties in Ukraine, from a legal position. The results of the paper, the conclusions and opinions contained therein, can be used in practical activities by organizations and individuals concluding lease agreements with each other for the right to use land plots in order to settle their lease obligations from the standpoint of the law. Of particular importance is the ability to facilitate the successful resolution of disputes between parties entering into lease relations, or to completely avoid them.  

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