scholarly journals The Use of Armed Force by Private Maritime Security Companies: Dynamics of Boundaries and Specifics of Legal Regulation in the Modern World

2021 ◽  
Vol 8 (12) ◽  
pp. 1-1
Author(s):  
Ivan Holikov ◽  
Vadim Okocha
2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Zemko Alla ◽  
◽  
Pyndor Yulia ◽  

The article analyzes the current approach to the identification of new branches in the legal system of Ukraine.The modern world does not stand still and is constantly evolving and gives impetus to the development of all spheres of human life, respectively, there are relationships that require legal regulation.Some scholars believe that in the presence of an independent subject of legal regulation, its ownmethodology of legal regulation and a set of specialized legislation, it is possible todistinguish an autonomousbranch of law. It is determined that the emergence of new branches of law is hindered by the dominant concept of the existence of only the main ones. Proponents of this concept categorically reject the possibility of the existence of relevant secondary, complex branches of law. This scientific approach inhibits the study of modern social relations. Negative attitudes towards the separation of new branches of law inevitably lead to gaps in the field of special legal research and, as a consequence, to a lack of qualified personnel with specialized knowledge. It is suggested to take into account the positive experience of foreign colleagues of lawyers who boldly present the achievements of current practices and are not afraid to consider them branches of law, we mean educational, sports, military, gender, «cryptocurrency», admiralty law and others. It is concluded that the division of law into new branches allows more effective regulation of legal relations in relevant areas, given that global trends are increasingly in demand for universal lawyers, but with specialization, with in-depth knowledge in one or more areas of law. Keywords: branch of law, subject of legal regulation, method of legal regulation, complex branch of law


Author(s):  
Viktoriia V. Haltsova ◽  
Sergiy O. Kharytonov ◽  
Oleksandr M. Khramtsov ◽  
Oleksandr O. Zhytnyi ◽  
Andrii A. Vasyliev

This paper is a comprehensive study of the problems of criminal law as a remedy for human rights and freedoms in the modern world. The relevance of this subject lies in the systematic violations of constitutional human rights and freedoms and the inaction of the criminal law in such cases. Nowadays, the criminal law as a remedy for human rights and freedoms in national and international law is described by imperfection in its adaptation to rapidly changing social relations, which, accordingly, leads to problems in their legal protection. There are various reasons for this in the legal sphere, such as gaps in the legal provisions, conflicts of legal regulation and inconsistency of the rules of legislation with existing public relations in the state. All of the above determines the relevance of the subject matter of this study. Thus, the purpose of this study was a comprehensive analysis of theoretical and applied issues relating to the remedies for human rights and legitimate interests against socially dangerous encroachments, and the formulation of scientifically sound proposals for improving the current legislation of Ukraine and the practice of its application in this area. Ultimately, this study identified the legal characteristics of human rights and freedoms at both the national and international levels. The remedies for rights were demonstrated through the lens of criminal law. In addition, the study analysed the forms of implementation of international practice in the national legislation of Ukraine as a remedy for human rights and freedoms in the modern world. The significance of the results of this study was expressed in the further research of related subjects concerning this issue, namely the history of the development of EU criminal law standards and the historical establishment of the concept of human and citizen rights and legitimate interests. Furthermore, the materials of this study can be used in the preparation of educational materials, methodological recommendations, as well as training in various fields of legal science. This, in turn, will allow properly using the criminal law protection of human rights and freedoms without violations on the part of criminal justice bodies


2021 ◽  
Vol 7 (1) ◽  
pp. 93-101
Author(s):  
Vadym Popko ◽  
Yevgen Popko

The article examines the theoretical and legal foundations of economic crimes of a transnational nature formed under the influence of globalisation processes in the world, the growth of international crime and other factors. The author provides a conceptual description of transnational crime as the main category of transnational criminal law, including economic crimes. Scientific views of domestic and foreign scientists on the nature of crimes of an international nature, including criminal acts in the economic sphere are analysed; the most dangerous and widespread economic crimes are characterised. Attention is paid to the legal regulation of these relations, universal and regional conventions, other sources. The authors justify the need to criminalise transnational economic crimes in national law, regardless of whether a particular state is a party to international conventions adopted by international organisations. The authors pay special attention to the characteristics of the subjects of the crime and reveals the debatable nature of their definition, in particular, analyse the problematic nature of the recognition of a legal entity as a subject of crime. The authors use a conceptual approach to clarifying the subject of study, which determines the reasonability of theoretical research, and modern principles of scientific methodology: the principle of scientific pluralism, impartiality, comprehensiveness of research, historicism, complexity and others. A modern requirement in the methodology of science is the rejection of methodological monism, which has long been dominant in theoretical and historical studies of social (including legal) phenomena and the rejection of the ideology of scientific knowledge, which provides an objective, unbiased attitude to any legal phenomena, legal systems, etc. The purpose of the article is to provide theoretical and legal characteristics of international crime in the economic sphere, identify the transnational nature of these crimes, clarify the state of legal regulation of these relations at the international level, as well as international cooperation to combat these crimes. Based on the study and theoretical generalisation of the research topic, the authors emphasise the following conclusions: modern world problems are global in nature; economic crime transcends borders and becomes international; economic crimes of a transnational nature are recognised as socially dangerous acts that encroach on the system of social relations in the field of financial and credit, investment, information, trade, etc. activities, and have a transnational nature, i.e. go beyond one state; countering economic crimes of a transnational nature is within the internal competence of states, but international cooperation in this area also has an objective basis; the legal basis of international cooperation of states are international legal anti-criminal conventions, which define the criminal acts and obligations of states to criminalise economic crimes and provide legal assistance in criminal proceedings, in particular in extradition and transfer of accused and convicted persons, disposal of confiscated property, joint investigation and other issues.


Author(s):  
Vladimir S. Luzan ◽  
Alexandra A. Sitnikova ◽  
Anastasia V. Kistova ◽  
Antonina I. Fil’ko ◽  
Julia S. Zamaraeva ◽  
...  

The article is devoted to the study of the concept of the mammoth in regulatory documents and cultural practices. The analysis of both Russian and international experience allowed to generalise the existing legal provisions regarding the regulation of mammoths, as well as to determine the role of mammoths in the world and Russian culture, including the culture of the indigenous peoples of the North, Siberia and the Far East. The methodological basis of the study is represented by the comparative analysis of sources and materials, historical-comparative and chronological methods, the historiographic method, as well as methods of philosophical and art history analysis. The study revealed the fact that in the field of legislation and legal regulation of extraction and sale of mammoth ivory in the world, the issue of the status of mammoths is raised only in connection with a discussion of the survival of rare species of elephants. Measures to prevent extermination of elephant population, encompassing a ban on trade, including trade of mammoth ivory, cause heated discussions and are controversial for craftsmen, antique dealers and art collectors. The issue of legal regulation in this area is particularly acute for the Russian Federation, due to the lack of a finalised legal and regulatory framework, both at the federal, regional and municipal levels. The image of the mammoth in the world and Russian culture is embodied in a number of visual practices. These are heraldry, animation, book graphics, sculpture and fine art. Sign and symbolic forms of the mammoth embody religious and mythological characteristics of the animal, demonstrating its significance in people’s worldview, as well as indicating of the “living” memory of it in the modern world


2021 ◽  

In a modern global historical context, scholars have often regarded piracy as an essentially European concept which was inappropriately applied by the expanding European powers to the rest of the world, mainly for the purpose of furthering colonial forms of domination in the economic, political, military, legal and cultural spheres. By contrast, this edited volume highlights the relevance of both European and non-European understandings of piracy to the development of global maritime security and freedom of navigation. It explores the significance of 'legal posturing' on the part of those accused of piracy, as well as the existence of non-European laws and regulations regarding piracy and related forms of maritime violence in the early modern era. The authors in this volume highlight cases from various parts of the early-modern world, thereby explaining piracy as a global phenomenon.


2014 ◽  
Vol 26 (6) ◽  
pp. 497-506
Author(s):  
Elen Twrdy ◽  
Andrej Androjna ◽  
Marko Pavliha

In the modern world, the sea is one of the most important resources for the economy and welfare of the country that has access to it and so is the sense of security. Meeting today’s security challenges requires a wide spectrum of civil and military instruments. It calls for regular coordination, consultation and interaction among all actors involved, and it requires a national multifunctional Structure.The paper presents the search for new systematic forms to ensure adequate maritime security and safety at sea. Based on the research on successfully organized similar foreign institutions in relation to the national security institutions in the maritime domain the Coast Guard model of the Republic of Slovenia has been designed. The model could significantly improve the level of efficiency and consistency of national authorities in the area of control, security and safety of the territorial sea and rationalize expenditures. Implementing the proposed model and placing it in the national security and defence system, is a challenge and also a need.


Author(s):  
Albina Rudenkova ◽  

Author raises the problem of distinction the concepts of illustrating and citation photographic works. In the article the impact of information technology on the protection and security of internet memes is viewed.


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