scholarly journals SOME ASPECTS OF THE DEVELOPMENT AND APPLICATION OF THE LEGAL INSTITUTION OF SELF-DEFENSE IN THE USA

2016 ◽  
Vol 2 (1) ◽  
pp. 0-0
Author(s):  
Тимур Шаяхметов ◽  
Timur Shayakhmetov
Keyword(s):  
United States ◽  
Private Property ◽  
The United States ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Legal Institution ◽  
Self Defense ◽  
The Usa ◽  
The Right ◽  
Self Protection

This article reviews the development of the legal institution of self-protection in the criminal law of the United States and its lawenforcement practice. The problems of the two-level division of criminal legislation on the illegal self-defense and legal regulation in the field of defense in the territory of the home and private property are viewed in the paper. On the examples of precedent decisions of highest judicial bodies of US on the affairs with the circumstances of self-defense the conditions of validity of the use of deadly opposition in relation to the offender, as well as other legal aspects of self-defense are analyzed. A brief overview of the main trends of the evolution of the United States legislation on the considered institute is given. In the conclusion of this work the strong and weak points of the existing regulatory framework of the right to self-defense in the United States are shown, as well as an assessment of its application in practice.

scholarly journals Private space flights: legal regulation in the United States

2020 ◽  
pp. 382-388
Author(s):  
Оleksandr Zadorozhny
Keyword(s):  
United States ◽  
Space Flight ◽  
The United States ◽  
Legal Regulation ◽  
Economic Feasibility ◽  
Gradual Transition ◽  
Significant Shift ◽  
Private Space ◽  
Space Flights ◽  
The Usa

The emergence of demand for space travel, the emergence of commercial enterprises and travel agencies in the space industry,the development of vehicles designed exclusively for transporting tourists into space – all this suggests that space may soon turn froma scientific object into a common destination. Therefore, today the legal regulation of private space flights is a promising issue, giventhat there is no such legislation in Ukraine. We turn to the analysis of the legislation of the United States of America to assess whatarray of regulations we will have to master if we want to develop private space flights at home.A private space flight is a space flight or development of space flight technology that is conducted and paid for by an entity otherthan a government agency. Depending on the purpose, private space flights are divided into flights for the purpose of transportation ofcargoes, and flights within the framework of space tourism.The article presents an overview and analysis of the legislation of the USA regulating private space flights, in particular, flightsfor the purpose of transportation of cargoes, and flights in the framework of space tourism. The author highlights a chronological formationof the commercialization of space, which clearly shows the gradual transition of the United States from a complete reluctanceto allow private space flights to the recognition of the indisputable economic feasibility of such activities. A significant shift in this areahas taken place since 2015, when five directives on space policy, the National Space Strategy and orders on the exploration, extractionand use of space resources were adopted.The author analyzes the main sources of space law in the United States. It was found that mostly, the legislation does not keepup with innovations in the commercialization of space, thus, there is a situation when first comes a relationship (flight of a tourist orcargo into space), and then – the legislative regulation of such relations.

scholarly journals Az atomerőművek üzemidejének meghosszabbítása az Egyesült Államokban és Magyarországon

2020 ◽  
Vol 15 (28) ◽  
pp. 344-375
Author(s):  
Anita Paulovics
Keyword(s):  
United States ◽  
Nuclear Power ◽  
Power Plants ◽  
Nuclear Power Plants ◽  
Operation Time ◽  
The United States ◽  
Legal Regulation ◽  
Time Limit ◽  
Energy Strategy ◽  
The Usa

This paper is about the legal regulation of the extension of the operation time of nuclear power plants.  In Hungary the most important document in this respect has been the National Energy Strategy analyzed in the paper. In Hungary, the legal regulation of the extension of the time limit of the operation-permit of nuclear power plants is modelled on that of the United States. For this reason, the paper examines the rules in force in the USA on the extension of the operation time.  It could be of interest for several European countries considering to extend the operation time of their nuclear power plants.

scholarly journals Features of Measures to Prevent Fraud Committed by Women: the Experience of Ukraine, the EU Countries and the United States

Dixi ◽  
2021 ◽  
Vol 23 (2) ◽  
pp. 1-23
Author(s):  
Viktoria Babanina
Keyword(s):  
United States ◽  
The United States ◽  
Legal Regulation ◽  
Female Crime ◽  
Eu Countries ◽  
Theoretical Approaches ◽  
Preventive Work ◽  
Special Programs ◽  
The Usa ◽  
The Eu

The article analyzes approaches to the prevention of female fraud in order to identify the best ways to combat fraud committed by women. Theoretical approaches to the measures to prevent crimes committed by women, in particular, female fraud were examined. Peculiarities of the legal regulation of the prevention of female fraud in Ukraine have been studied. The conclusion was made about the insufficiency of normative acts aimed at combating female fraud in Ukraine. In addition, the investigation revealed that measures taken in Ukraine to prevent female fraud were poor and insufficient. In parallel, the experience of the EU countries and the USA in the prevention of female fraud was analyzed in the article. The programs and methods of prevention of crimes committed by women in the USA and the EU have been studied. Based on this analysis, proposals to improve approaches to the prevention of female crime, in particular, female fraud, have been developed. In particular, the conclusion was made that preventive work among the population as well as creation of special programs to work with women would be relevant.

scholarly journals A comparative analysis of the information duties in Belgian and American occupational pensions

2020 ◽  
Vol 22 (1) ◽  
pp. 39-63
Author(s):  
Marjolein Denys ◽  
David Pratt ◽  
Yves Stevens
Keyword(s):  
United States ◽  
European Union ◽  
Comparative Analysis ◽  
United States Of America ◽  
The United States ◽  
Occupational Pension ◽  
The European Union ◽  
Occupational Pensions ◽  
The Usa ◽  
The Right

Both the United States of America and Belgium attach great importance to communication duties in occupational pensions. Several legal sources in both countries provide the right to be informed to participants. The legislation in both countries seeks to ensure accurate, correct, transparent and understandable communication. Despite this resemblance, there are some differences in communication. The countries can learn from one another. Based on a theoretical framework developed in and for the European Union, the communication rights and duties in the USA and Belgium are analysed. This analysis leads to a better understanding of the different legal responsibilities, transparency rules, simplification efforts and technical correctness of the types of occupational pension information analyzed.

The United States and Elections in Africa (2015–2018)

2019 ◽  
pp. 58-98 ◽  
Author(s):  
Andrey Urnov
Keyword(s):  
United States ◽  
Democratic Republic Of Congo ◽  
The United States ◽  
African Countries ◽  
The Us ◽  
Global Leader ◽  
The Usa ◽  
The Right ◽  
Selection Of

As a self-proclaimed “Global Leader” the United States have made “the assertion, advancement, support and defense of democracy” throughout the world one of the pillars of their foreign policy. This aim invariably figures in all Washington’s program documents pertaining to Africa. A major component of these efforts is an assistance to regular, free and fair elections. The selection of arguments cited to justify such activities has been done skilfully. In each specific case it is emphasized that the United States do not side with any competing party, stand “above the battle”, work for the perfection of electoral process, defend the rights of opposition and rank and file votes, render material and technical help to national electoral committees. Sounds irreproachable. However, the real situation is different. The study of the US practical activities in this field allows to conclude that Washington has one-sidedly awarded itself a role of a judge and supervisor of developments related to elections in the sovereign countries of Africa, tries to control the ways they are prepared and conducted. These activities signify an interference into the internal affairs of African states. The scale and forms of such interference differ and is subjected to tasks the USA try to resolve in this or that country on the national, regional or global levels. However, everywhere it serves as an instrument of penetration and strengthening of the US influence, enhancing the US political presence in African countries. The right of the US to perform this role is presented as indisputable. Sceptics are branded as opponents of democracy. The author explores the US positions and activities connected with elections in Africa during the last years of B.Obama and first two years of D.Trump presidencies. He shows how their policy have been implemented on the continental level and in regard to several countries – South Sudan, Libya, Democratic Republic of Congo, Burundi, Rwanda, Nigeria, Somali, Kenya, Uganda.

P–739 Fertility and its Preservation: Comparative Analysis about the Knowledge between Two Populations of Doctors and Health Professionals from Argentina and the United States

2021 ◽  
Vol 36 (Supplement_1) ◽  
Author(s):  
C A Sanche. Sarmiento ◽  
M Herran ◽  
V Herrera ◽  
R Martoglio ◽  
S Carrell ◽  
...  
Keyword(s):  
United States ◽  
South Carolina ◽  
Fertility Preservation ◽  
Health Professionals ◽  
Information Dissemination ◽  
The United States ◽  
Medical Community ◽  
Sufficient Information ◽  
The Usa ◽  
The Right

Abstract Study question Is there any difference in the knowledge that doctors and health professionals from Córdoba (Argentina) and South Carolina (USA) have about fertility preservation or about when it should be applied? Summary answer Both populations have enough knowledge about some aspects of fertility preservation, but its training must be improved so they can give adequate counseling What is known already During the last decades, it has been observed that more young individuals need/decide to preserve fertility, whether for social or medical reasons. This presents a new challenge for the medical community, since, faced with this situation, it is important that society in general has access to information about fertility and the possibilities of preserving it, if necessary. To this end, it is essential that doctors and other health professionals have valid knowledge of the subject and are able to communicate it to their patients. Study design, size, duration Descriptive quantitative study. A total of 721 answers were obtained, 88.7% from Argentina and 11.3% from the United States. 28.43% (205) were doctors and 71.57% (516) were other health professionals. Participants/materials, setting, methods A closed-ended questionnaire of 20 questions was designed (segmentation and aspects about fertility preservation) and distributed to society through social networks. The survey was answered by people from Córdoba (Argentina) and South Carolina (US), of both sexes and different age, educational and socioeconomic levels. Only those with a medical degree or involved in some medical-related activity were selected. All answers were collected through SurveyMonkey and analyzed using calculation programs and statistical tools (Excel–2016, Statistica 8.0). Main results and the role of chance Data showed percentages of correct answers greater than 70% in all groups for the questions that analyze what factors can affect fertility, what situations can determine the need to preserve it, and what is the appropriate age for a woman to cryopreserve her eggs. On average, 82.4% of doctors and 72.87% of other health professionals know when it is the right time for patients diagnosed with cancer to receive information about the possibility of preserving their fertility. However, on average between both countries, only 34.63% of doctors has information about the legal medical coverage of their patients, while the 39.51% is completely unaware of their country’s laws. Finally, the percentages of professionals who do not know what material can be cryopreserved in girls who need to undergo oncological treatments reach 46.34 and 64.33% (doctors and other health professionals respectively). Limitations, reasons for caution The comparison between the two countries may be challenged by the inequality in the response rate to the survey. However, even the smaller number of responses obtained in the USA is sufficient to obtain valid conclusions. Wider implications of the findings: Both populations have sufficient information about factors which affect fertility and its preservation, especially in cancer situations. Misinformation in health personnel about these aspects directly affects possibilities of achieving future pregnancies for patients. Continuous updating and guidance should be a priority, as well as information dissemination and adequate medical counseling. Trial registration number .

scholarly journals CONSTITUTIONAL BASIS OF EXTRAJUDICIAL PROTECTION OF INTELLECTUAL PROPERTY RIGHTS (MEDIATION PROCEDURES)

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Natalia V. Bocharova ◽  
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Private Law ◽  
General Process ◽  
Self Defense ◽  
The Right ◽  
Self Protection

The constitutional bases of mediation in intellectual property cases related to the complex interdisciplinary legal institution of self-protection of rights are analyzed. The urgency of the topic is due to a combination of public and private law principles in modern legal regulation and the general process of constitutionalization of private law and intellectual property law, in particular. It is noted that the proclamation of the constitutional right to self-defense means the inclusion in the comprehensive system of human rights protection of additional ways that increase the effectiveness of its other components and enrich the constitutional human rights mechanism as a whole. In recent years, mediation has been recognized as one of the effective and promising ways of self-protection of intellectual property rights. Ukraine is just beginning to build the institution of mediation as a way to protect intellectual property rights. The research of Ukrainian scientists analyzes the situations when it is expedient and profitable to use mediation to resolve disputes in the field of intellectual property. At the same time, in some works of Ukrainian researchers, in the author�s opinion, there is an element of a certain underestimation of public law support for the right to self-defense, in particular copyright. We believe that the constitutional provisions on self-protection of rights should be used more widely in the development of doctrinal issues of mediation intellectual property matters, which should strengthen the civil aspects of the right to selfdefense and give the problem a broader human significance. The author is convinced that the methodology of the modern system of protection of intellectual property rights should be based on an anthropological approach, which means that the provision and protection of intellectual property rights should be carried out from the standpoint of guaranteeing individual rights. It is concluded that the practice proves the profitability and effectiveness of the use of mediation in disputes related to the protection of intellectual property rights. The full implementation of this institution in Ukraine will contribute not only to improving the protection of intellectual property, but also to ensuring the constitutional rights of man and citizen.

scholarly journals GENOMIC RESEARCH LEGAL REGULATION SYSTEM: EXPERIENCE OF RUSSIA AND THE USA

2019 ◽  
Vol 23 (4) ◽  
pp. 546-564
Author(s):  
Emil V. Alimov
Keyword(s):  
United States ◽  
Russian Federation ◽  
Self Regulation ◽  
The United States ◽  
Legal Regulation ◽  
Genomic Research ◽  
Regulation System ◽  
Scientific Institutions ◽  
The Usa ◽  
The Russian Federation

This article is devoted to the analysis of the genomic research legal regulation in the Russian Federation and the USA. In the United States, in addition to the legislation great importance is attached to medical and scientific institutions self-regulation, and such information is usually open. It is concluded that in Russia, despite the presence of both state and non-state scientific institutions engaged in genomic research, the mechanism of self-regulation as a whole is fragmented. It is also noted that Russia and the United States have specific legal regulation of these relations, which is reflected in the text of the article. For example, in the United States, unlike Russia, most organizations conducting genomic research, including genomic testing, are non-governmental. Currently, the general trend in the legal regulation of genomic research in Russia and the USA is the active development of normative legal regulation. Moreover, a significant difference in the approaches of these countries is the active role of the US states in the development of regional legal regulation on these issues. Despite the fact that Russia is a federal state, the subjects of the Russian Federation are significantly limited in the genomic research legal regulation possibilities. This is largely due to both legal and political reasons that were given in this article. In the United States, a number of statutes have been adopted at the state level that regulate genomic research in such aspects as health insurance, confidential of personal information, the prohibition of discrimination, screening of newborns, and certain types of clinical and scientific research. It should be noted that the genomic research regulation in the United States is not integrated into a single national consolidated act, which is a feature of this legal system. A comparative legal study of the fundamentals of legal regulation and self-regulation of genomic research in Russia and the USA made it possible to understand the specifics of regulation of these issues in different legal systems. The positive regulatory experience in conducting genomic research in the United States can be used to improve the regulatory framework of the Russian Federation in this area.

The Arbitral Award on Turkish-Armenian Boundary by Woodrow Wilson (Historical Background, Legal Aspects, and International Dimensions)

2007 ◽  
Vol 11 (2) ◽  
pp. 255-294
Author(s):  
Ara Papian
Keyword(s):  
United States ◽  
Middle East ◽  
The United States ◽  
Legal Aspects ◽  
Historical Background ◽  
Woodrow Wilson ◽  
Arbitral Award ◽  
Starting Point ◽  
The Usa ◽  
The Republic

AbstractThe paper is a complex study of the history of the involvement of Woodrow Wilson (the 28th President of the USA, 1913-1921), in the fate of Armenian people after WWI and the Republic Armenia (1918-1920), especially in determining the boundary between Armenia and Turkey. It presents an analysis of Wilson's Arbitral Award according to the international law and the United Nation's official methodology. The article focuses on the historical background, legal aspects and political implications of Wilson's Arbitral Award (November 22, 1920), officially titled: Decision of the President of the United States of America respecting the Frontier between Turkey and Armenia, Access for Armenia to the Sea, and the Demilitarization of Turkish Territory adjacent to the Armenian Frontier. The Arbitration's significance goes beyond Armenian-Turkish and Armenian-US relations. Border conflicts are still relevant issues on the regional and international agenda. American involvement in the Middle East is one of the key components of the United States' present foreign policy. An accurate and a broad understanding of the nuances of the extremely complex legal situation in the region and the bases for the behaviour of the players can be vital for the security, political and economic interests of the region. Moreover, due to the active participation of the United States in the Armenian-Turkish relations through Wilson's Arbitration, the Arbitral Award becomes a logical starting point for a stronger historical, political, and legal understanding of the conflict-prone region. The article also contributes to the better understanding of President Wilson's policy towards the Middle East during the dramatic period of 1917-1921 and its possible consequences for critical relationships in the region today.

scholarly journals Private space flights: legal regulation in the United States

2020 ◽  
pp. 382-388
Author(s):  
Оleksandr Zadorozhny
Keyword(s):  
United States ◽  
Space Flight ◽  
The United States ◽  
Legal Regulation ◽  
Economic Feasibility ◽  
Gradual Transition ◽  
Significant Shift ◽  
Private Space ◽  
Space Flights ◽  
The Usa

The emergence of demand for space travel, the emergence of commercial enterprises and travel agencies in the space industry,the development of vehicles designed exclusively for transporting tourists into space – all this suggests that space may soon turn froma scientific object into a common destination. Therefore, today the legal regulation of private space flights is a promising issue, giventhat there is no such legislation in Ukraine. We turn to the analysis of the legislation of the United States of America to assess whatarray of regulations we will have to master if we want to develop private space flights at home.A private space flight is a space flight or development of space flight technology that is conducted and paid for by an entity otherthan a government agency. Depending on the purpose, private space flights are divided into flights for the purpose of transportation ofcargoes, and flights within the framework of space tourism.The article presents an overview and analysis of the legislation of the USA regulating private space flights, in particular, flightsfor the purpose of transportation of cargoes, and flights in the framework of space tourism. The author highlights a chronological formationof the commercialization of space, which clearly shows the gradual transition of the United States from a complete reluctanceto allow private space flights to the recognition of the indisputable economic feasibility of such activities. A significant shift in this areahas taken place since 2015, when five directives on space policy, the National Space Strategy and orders on the exploration, extractionand use of space resources were adopted.The author analyzes the main sources of space law in the United States. It was found that mostly, the legislation does not keepup with innovations in the commercialization of space, thus, there is a situation when first comes a relationship (flight of a tourist orcargo into space), and then – the legislative regulation of such relations.

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