scholarly journals IMPROVEMENT OF NATIONAL LEGISLATION FOR THE PROTECTION OF RIGHTS AND LEGITIMATE INTERESTS OF NATURAL AND LEGAL PERSONS, DERIVED FROM THE EAEU LAW, ON THE TERRITORY OF THE REPUBLIC OF BELARUS

2015 ◽  
Vol 1 (5) ◽  
pp. 0-0
Author(s):  
Григорий Василевич ◽  
Grigoriy Vasilevich ◽  
Сергей Василевич ◽  
Sergey Vasilevich
Keyword(s):  
Regional Integration ◽  
The State ◽  
Public Authorities ◽  
National Legislation ◽  
Government Institutions ◽  
Legitimate Interests ◽  
The Republic ◽  
The Right ◽  
Legal Entities

The article analyses the rights and legitimate interests of individuals and legal entities in the context of interaction of the national law and integration law in the Eurasian association. The authors draw special attention to the fact that the interaction of states in the framework of regional integration structures requires the adoption of various legal instruments that can be non-regulatory or binding for participating countries. The authors justify the conclusion that not only government institutions but also private individuals must bear responsibility defined by national public authorities (courts), and at the same time they must have the right to file a lawsuit against the state, that violated the integration law.

scholarly journals Kilka uwag o odpowiedzialności władzy publicznej w Polsce

2019 ◽  
pp. 325-334
Author(s):  
Adrianna Szczechowicz
Keyword(s):  
The State ◽  
Public Authority ◽  
Public Authorities ◽  
Democratic State ◽  
The Republic ◽  
The Right

Responsibility of public authorities is a special guarantee of the legality of a democratic state. The right to compensation is provided not only for the Constitution of the Republic of Poland, but also other legal acts of a statutory rank. Every year courts in Poland adjudicate on compensation cases, awarding them in many cases. The costs of errors of public authority are borne by the State Treasury, and they are not small.

scholarly journals Translator In The Constitutional Proceedings Of Ukraine, Lithuania And Germany: A Comparative Study

2019 ◽  
pp. 185-195
Author(s):  
V.I. Rozvadovskyi
Keyword(s):  
Legal Status ◽  
Time Frame ◽  
The State ◽  
Case File ◽  
Legal Proceedings ◽  
Procedural Law ◽  
The Republic ◽  
The Right ◽  
State Language ◽  
Legal Entities

The article explores the features of the legal status of a translator in the constitutional proceedings of Ukraine, Lithuania and Germany. According to the author, for the participation of the translator in the process, the initiative of a person who does not speak the language of legal proceedings is necessary. In this regard, we should agree with the proposal of scientists on the need to clarify the relevant provisions of the procedural law. We believe that translators play a key role in establishing language contacts and relations between participants in legal proceedings. Without a translator, it is impossible to carry out preparatory and judicial actions, as well as protect the rights and freedoms of a person and a citizen in cases where one of the participants in the process does not speak or does not speak the state language enough. Consequently, the participation of the translator in the process is a guarantee of ensuring the right to judicial protection to persons participating in the case and do not speak or do not speak the state language. That is why the procedural procedure for the participation of translators in production requires improvement. Therefore, it is necessary to solve a number of issues: the possibility of conducting the process in a foreign language, if all persons involved in the case do not know the language of the proceedings, the procedure for finding a translator (who should search, in what time frame, etc.), the feasibility of involving the case file diploma translator and the like. In accordance with the norms of national legislation, the translator is obliged to carry out a full and correct translation, to assure the correctness of the translation with his signature in the procedural documents. So we can conclude that the duty of the translator is the integrity and responsibility in relation to the materials provided to him. We can conditionally distinguish two forms of translation used by the translator in production - this is written and oral. Interpretation is used during procedural actions, when communicating with a person who does not speak the language of legal proceedings. Unlike Ukraine, in Lithuania, the conduct of business involving legal entities and individuals of the Republic of Lithuania is carried out in the state language. A translation into one or more languages may be added to them. The conduct of business with individuals and legal entities of foreign states should be carried out in the state language and in another language acceptable to both parties. If you compare the legislation of Ukraine and Germany in the context of the legal status of the translator, it should be noted that under German law there are two types of translators: interpreter and official translator.

Amendment of the Contravention Code or Defiance of the Constitution by the Exceptional Situations Commission?

2021 ◽  
pp. 56-65
Author(s):  
Iulian Rusanovschi ◽  
Keyword(s):  
Public Health ◽  
The State ◽  
Constitutional Court ◽  
State Of Emergency ◽  
Constitutional Review ◽  
Republic Of Moldova ◽  
The Republic ◽  
The Right ◽  
Epidemiological Situation

On 17.03.2020, the Parliament declared a state of emergency on the entire territory of the Republic of Moldova for the period March 17 - May 15, 2020. By the same Decision, the Parliament delegated the Commission for Exceptional Situations with the right to implement a series of measures to overcome the epidemiological situation in the country. However, in the conditions of a functioning Parliament and despite the clear and exhaustive texts of the Constitution, the Commission for Exceptional Situations amended during the state of emergency the Contravention Code, which is an organic law. The amendments specifically concerned the procedure and terms for examining infringement cases brought in connection with non-compliance with the measures adopted by the Commission for Exceptional Situations and the Extraordinary Commission for Public Health. In the conditions in which an organic law can be modified only by the Parliament, it is obvious the unconstitutionality, at least partial, of the Disposition no. 4 of 24.03.2020 of the Commission for Exceptional Situations, but unfortunately, the Constitutional Court is not mandated with the right to submit to constitutional review the normative acts adopted by the Commission for Exceptional Situations. Under these conditions, the state is obliged to identify solutions in order not to allow an authority to adopt unconstitutional normative acts that cannot be subject to constitutional review.

scholarly journals Advocacy as a tool for the realization of the fundamental right of a person to professional legal assistance

2021 ◽  
Vol 66 ◽  
pp. 240-243
Author(s):  
P. Badzeliuk
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Status ◽  
Legal Profession ◽  
The State ◽  
Fundamental Rights ◽  
Access To Justice ◽  
Legal Assistance ◽  
The Right ◽  
Legal Entities

This article is devoted to the study of the implementation of the fundamental right of a person to professional legal assistance through the vectors of influence of the bar, the role of the human rights institution in the mechanism of such a right and its place in public life.An effective justice system provides not only an independent and impartial judiciary, but also an independent legal profession. Lawyers play an important role in ensuring access to justice. They facilitate the interaction between individuals and legal entities and the judiciary by providing legal advice to their clients and presenting them to the courts. Without the assistance of a lawyer, the right to a fair trial and the right to an effective remedy would be irrevocably violated.Thus, the bar in the mechanism of protection of human and civil rights and freedoms is one of the means of self-limitation of state power through the creation and active functioning of an independent human rights institution, which is an active subject in the process of fundamental rights. The main constitutional function of the state is to implement and protect the rights and freedoms of man and citizen, and the constitutional and legal status of the legal profession allows it to actively ensure the rights of civil society as a whole and not just the individual. Effectively implement the human rights function of the state by ensuring proper interaction between the authorities and civil society, while being an active participant in the law enforcement mechanism and occupying an independent place in the justice system.Thus, the activities of lawyers are a complex manifestation of both state and public interest. After all, it is through advocacy and thanks to it that the rule of law realizes the possibility of ensuring the rights and freedoms of its citizens. Advocacy, on the one hand, has a constitutionally defined state character, and on the other hand, lawyers should be as independent as possible from the state in order to effectively protect citizens and legal entities from administrative arbitrariness. Thus, the bar is a unique legal phenomenon that performs a state (public-law) function, while remaining an independent, non-governmental self-governing institution.

scholarly journals Transparency of Public and Local Finances: Foreign Experience

2020 ◽  
pp. 18-30
Author(s):  
INNA O. SHKOLNYK ◽  
NATALIIA G. VYHOVSKA ◽  
YULIIA S. HAVRYSH ◽  
ANDRII O. IVANCHENKO
Keyword(s):  
Fiscal Policy ◽  
The State ◽  
Budget Process ◽  
State Budget ◽  
Public Authorities ◽  
Public Finances ◽  
Information Portal ◽  
Foreign Experience ◽  
The Republic ◽  
State And Local

In modern conditions, the role of transparency of both public and local finances is growing significantly, which is a tool to increase the efficiency of financial resources, which confirms the analysis of Ukrainian and foreign studies. In Ukraine, the level of transparency is improving every year and as of 2019 is assessed by international organizations as the minimum allowable. At the same time, the level of transparency of local budgets differs significantly in different regions. To improve the situation and implement best practices in the field of transparency of public finances at both the state and local levels, it is important to analyze the foreign experience of those countries that are leaders in ratings of transparency of public authorities and transparency of the budget process. The paper analyzes the experience of the Office of the Public Accountant of Texas (USA), the Treasury of New Zealand, and the Treasury of the Republic of South Africa, which according to the open budget rating provided by the International Budget Partnership are among the 10 most transparent countries. Analysis of the content of the information portal of the Texas Public Accounts Controller Office showed a separate section “Transparency” with a detailed presentation of information in terms of key blocks of revenues and expenditures, state budget and finances, information on the formation and use of funds in all localities, information on budget deficit as well as information on transparency at the level of individual settlements, school districts, etc. A comparative analysis with the state of transparency of Ukrainian government agencies responsible for the development and implementation of fiscal policy and identifies weaknesses and strengths in terms of their transparency. It is established that the openness of the process of using public finances in Ukraine is gradually increasing, while the positions in the world transparency rating are also improving. However, the conceptual difference between building sites in the countries analyzed is that they report to taxpayers in a form that is accessible to them, rather than simply covering available information without comment or explanation. Keywords: open budget, participation, public finances, rating, fiscal policy.

Protecting the Right of Local Self-Government

2005 ◽  
Vol 38 (4) ◽  
pp. 897-922 ◽  
Author(s):  
Warren Magnusson
Keyword(s):  
Civil Society ◽  
The State ◽  
Public Authority ◽  
Public Authorities ◽  
Société Civile ◽  
The Right

Abstract.Many people in Canada are frightened by the right of local self-government, because they are afraid of the privatization of public authority. This article suggests that municipalities can be otherwise conceived, and that a right of local self-government can be vindicated without impairing the capacity of the state or encouraging a debilitating privatism. The key is to understand that municipalities can be non-exclusive public authorities, on a different register from the state or civil society.Résumé.La crainte de la privatisation des pouvoirs publics mène de nombreux Canadiens et Canadiennes à redouter le droit à l'autonomie gouvernementale locale. Cet article suggère qu'il est possible d'envisager les municipalités autrement, et qu'on peut justifier le droit à l'autonomie gouvernementale locale sans faire entrave aux compétences de l'État et sans encourager un privatisme débilitant. L'important est de comprendre que les municipalités peuvent exercer un pouvoir public non exclusif dans leur propre zone de compétence, jouant sur un registre différent de celui de l'État ou de la société civile.

scholarly journals The Right to Privacy and Private Detective Activities in Lithuania

2012 ◽  
Vol 5 (2) ◽  
pp. 1-26
Author(s):  
Mindaugas Bilius
Keyword(s):  
Personal Data ◽  
Legal Regulation ◽  
Private Life ◽  
Right To Privacy ◽  
Public Authorities ◽  
The Right To Privacy ◽  
Private Detective ◽  
Protection Of Human Rights ◽  
The Republic ◽  
The Right

ABSTRACT Private detectives have been providing their services in Lithuania for about a decade; however, only now has the Seimas of the Republic of Lithuania started to discuss whether it is expedient and necessary to regulate the activities of private detectives by means of a separate law. One of the goals of a separate legal regulation of private detective activities is the protection of human rights, particularly the right to privacy. This article examines the provisions of national and international legislative acts related to the private life of a person, and assesses the opportunities of a private detective to provide private detective services without prejudice to the provisions of applicable legislative acts. The article concludes that a private detective is not an authorized (public) authority and there is no possibility to assess in each case whether the interests of a person using the services of private detectives are more important than those of other persons, which would allow for violating their rights to private life. The limits of an individual’s right to privacy can only be narrowed by a particular person, giving consent to making public the details of his/her private life. It is the only opportunity for a private detective to gather information related to the private life of a citizen. Currently applicable legislative acts in Lithuania do not provide for opportunities for private subjects to collect personal data without that person’s consent. This right is granted only to public authorities and with the court’s permission

scholarly journals On the question of forms and types of property rights in civil law

2020 ◽  
Vol 80 (4) ◽  
pp. 62-67
Author(s):  
Zh. Talipova ◽  
Keyword(s):  
Property Rights ◽  
Common Property ◽  
Civil Law ◽  
Comprehensive Analysis ◽  
The State ◽  
Property Relations ◽  
Territorial Unit ◽  
The Republic ◽  
Legal Concepts ◽  
The Right

The right of ownership, like property itself, occupies one of the main places in public life. Statutory regulation of property relations in the Republic of Kazakhstan existed throughout the entire period of statehood formation. Today, property relations are regulated by the norms of various branches of law. But civil law regulation occupies one of the most important places in the system of regulatory regulation. This article deals with a comprehensive analysis of the main legal concepts, such as property, owner, subject of property rights, as well as forms and types of property, the grounds for the emergence and termination of property rights and ways to protect and protect the absolute right of the owner. A certain thing may belong to several persons as common property. In this case, the right of ownership is distributed among several owners (co-owners). The totality of legal norms on common property forms the institution of common property law. The purpose of this work is a comprehensive analysis of the main legal concepts, such as property, owner and subject of property rights, as well as forms and types of property, the basis for the emergence and termination of property rights and the definition of ways to protect and protect the absolute right of the owner. The means of achieving this goal is the study of the works of Kazakh legal scholars, the study of the analysis of practical materials. The article uses the following methods: comparative-legal, system-structural, formal-logical, as well as the method of system analysis. The legislation of Kazakhstan provides for two subjects of State property that have the right to act on their own behalf: the Republic of Kazakhstan as a whole (in respect of property constituting republican property) and the administrative – territorial unit (in respect of property constituting municipal property). That is, in civil circulation, data are carriers of state property rights. Depending on the tasks performed, the State exercises the powers of the owner on behalf of one of the specified entities. The Republic of Kazakhstan and the administrative-territorial unit are not legal entities. However, unless otherwise provided by legislative acts, they are subject to the rules governing the participation of legal entities in relations regulated by civil law. The state and administrative-territorial unit, as special subjects, have all the rights of subjects of civil legal relations and are limited in legal personality only by the current legislation.

scholarly journals Loterie jako instrumenty pozyskiwania dochodów państwa w polskim prawie skarbowym w latach 1768-1871

2018 ◽  
Vol 69 (2) ◽  
pp. 89-109
Author(s):  
Michalina Duda-Hyz
Keyword(s):  
The State ◽  
European Countries ◽  
Current Regulation ◽  
The Creation ◽  
The Republic ◽  
Polish Law ◽  
The Right

Lottery is considered to be the first institutionalized form of gambling in Poland, just like in other European countries. The purpose of the introduction of the lottery was to bring funds to the Crown treasury and to the Lithuanian treasury. Subsequently, it was seized by the treasury with the simultaneous stipulation that only the state has the right to organize and receive income from lottery games. This was connected with the creation of a new fiscal prerogative which can be treated as the prototype of the state’s monopoly on the lottery. It is still present in the current regulation pertaining to gambling. Also some of the forms of public burden connected with organizing the lottery, i.e. the tributes charged for the organization of gambling games, seem to possess features similar to contemporary taxes levied for games.The article presents the lotteries which were organized in order to acquire funds for the state treasury from the period of the First Polish Republic until 1871. Furthermore, the paper narrowed the scope of the research to the lotteries which were organized according to the Polish law in order to acquire income for the treasury of the Duchy of Warsaw, the Kingdom of Poland and the Republic of Cracow. The considerations concentrate on the issue of acquiring income for the state from the activity consisting of organizing gambling games. And to be more specific, it concentrates on the type of public tributes which can be construed as the prototype of the present taxes on gambling.

scholarly journals “The way to Dayton”: the military conflict in Bosnia and Herzegovina peaceful settlement process in 1992-1995

2020 ◽  
pp. 72-83
Author(s):  
V.M. Zavhorodnia ◽  
A.S. Naumov
Keyword(s):  
Human Rights ◽  
Bosnia And Herzegovina ◽  
Negotiation Process ◽  
The State ◽  
Public Authorities ◽  
Military Conflict ◽  
Constitutional Order ◽  
The Republic ◽  
Dayton Agreement ◽  
Sharp Criticism

The paper examines the preconditions for the conclusion, significance and consequences of the implementation of the General Framework Agreement for Peace in Bosnia and Herzegovina, also known as the Dayton Agreement between the Republic of Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia. Four plans for peace achievement are considered, in which the International Community had consistently sought to resolve the Bosnian conflict in 1992-1995. The process of concluding a unique international document that not only put an end to the bloody interethnic confrontation and established new foundations for relations between the three Balkan countries, but defined the principles of the constitutional order of the state of Bosnia and Herzegovina is examined. The authors analyze the ambiguous scientific and political assessments of the Dayton Agreement, ranging from unequivocal approval to sharp criticism, and the reasons for the success of the Dayton Process, including joining the U.S. negotiation process and ensuring compliance with NATO’s commitment to violators. The risks inherent in the Dayton Agreement in the constitutional order of Bosnia and Herzegovina are also identified. The problem of the constitutional order of Bosnia and Herzegovina on the basis of the Dayton Agreement is vital for the post-Yugoslav space. Despite the declared principle of equality of citizens, in fact, political human rights in the country directly depend on ethnicity, and public authorities are based on the principle of national representation. The sovereignty and independence of Bosnia and Herzegovina raise a number of issues, given their control by International bodies. An analysis of historical experience convincingly shows that the Dayton Accords can only be seen as a temporary mechanism for resolving the crisis and easing tensions, which has made it possible to achieve peace, end ethnic discord and lay the foundations for a democratic system in Bosnia and Herzegovina. Recognizing the effectiveness of the Dayton Agreement, the authors argue that some of its provisions do not comply with generally accepted principles of International Law, in particular, in terms of the territorial organization of the state and the formation of public authorities in Bosnia and Herzegovina. This approach does not comply with the principle of equality of human rights, regardless of race, color, sex, language, religion, political or other beliefs, national or social origin, property status, birth or other circumstances. It is also undeniable that the Dayton Accords did not resolve the interethnic conflicts in Bosnia and Herzegovina. The paper also seeks to identify ways to address the Bosnian crisis in the current situation in Ukraine, given the annexation of Crimea and the protracted military conflict in Donbas, and to determine the admissibility and potential limits of external intervention in military conflicts.

Sign in / Sign up

Export Citation Format

Share Document