scholarly journals AN AMICABLE AGREEMENT OR ANOTHER FORM OF DEBT RESTRUCTURING IN INSOLVENCY PROCEDURE FOR INDIVIDUALS IN LATVIA

2016 ◽  
Vol 4 ◽  
pp. 509-514
Author(s):  
Renata Konopecka
Keyword(s):  
Legal Protection ◽  
Legal Regulation ◽  
The State ◽  
Debt Restructuring ◽  
Bankruptcy Problems ◽  
Distinctive Features ◽  
Legal Norms ◽  
Legal Perspective ◽  
Practical Proposal ◽  
Insolvency Proceedings

The goal of this article is to explore the features of using insolvency proceedings in Latvia and to elaborate on special proposals for modernizing the laws. In the legislation, there has been no prospect from a legal perspective to restructure an individual’s debts. Namely, individuals have no opportunity to use legal protection within the framework of the insolvency proceedings to reach an amicable agreement with creditors, or create another form of debt restructuring. Eliminating this gap in legislation is therefore necessary.In this article, analytical, comparative, historical and deductive methods are used to explore the legal norms that regulate the insolvency proceedings for an individual. The aim is to identify the distinctive features of the proceedings; to analyze the problematic aspects of laws and develop proposals for modernizing the legislation of Latvia in this field. The novelty of this research pertains to it being the first attempt in Latvia to examine the question of legal regulation of insolvency proceedings in complexity, with a practical proposal to improve Latvian legal norms and avoid bankruptcy problems. The outcome of this study includes a proposal to supplement the Act on Insolvency with the Article “Amicable Agreement”, for deciding upon the state of insolvency. This relates to an agreement between the creditors and the debtor to fulfil obligations before an auction of the debtor’s property.

Dispositive Model of Active Legal Capacity of People with Mental Disabilities in France and Quebec in the Context of the Russian Civil Code Reform (Part II)

2021 ◽  
pp. 80-87
Author(s):  
Terdi E. S. ◽  
◽  
Skrynnik I. K. ◽  
Keyword(s):  
Mental Disorder ◽  
Legal Protection ◽  
Legal Regulation ◽  
Civil Code ◽  
Point Of View ◽  
Legal Capacity ◽  
Persons With Disabilities ◽  
Legal Norms ◽  
Leading Role ◽  
Legal Method

The article is devoted to the problem of the inconsistency of the Russian imperative model of active legal capacity, according to which the content of active legal capacity in case of its restriction due to mental disability of a person is prescribed by the law, to the Convention on the Rights of Persons with Disabilities ratified by Russia in 2012. The purpose of the paper is to demonstrate the shortcomings of the imperative model, the main of which is the lack of authority of the Russian court to individually determine the consequences of restriction of active legal capacity of a person due to mental disorder, taking in account degree of actual decrease of his cognitive and volitional abilities. This purpose is achieved by the consistent implementation of the following tasks. First of all, characteristic of the Russian imperative model of active legal capacity is given. Secondly, the French dispositive model of legal capacity is described. In this model the forms of legal protection, but not the categories of active legal capacity, incapacitation and restricted active legal capacity are the backbone concepts for the legal regulation of this group of relationship. It is noted that under the influence of the Convention on the Rights of Persons with Disabilities the more progressive, from the point of view of international law, forms of this model are stipulated in many foreign countries. Thirdly, the evolved form of the French dispositive model of active legal capacity, implemented in the Bill 18 «An Act to amend the Civil Code, the Code of Civil Procedure, the Public Curator Act and various provisions as regards the protection of persons», that was adopted by the National Assembly of Quebec in 2 June 2020, is analyzed. The main advantage of the latter is that the court, establishing the form of protection, is not bound by the legal norms that imperatively determine the content of active legal capacity of a person with mental disorder. The court is able, based on the cognitive and volitional abilities of particular person, to individually determine which acts person can perform by himself, alone or with the assistance of the tutor, and which one can be performed by the tutor only. The objectives of the study determine the leading role of the comparative legal method in its implementation. The provided research makes possible to assess the perspectives of borrowing of French or Quebec dispositive models of active legal capacity of people with mental disorder by the Russian legislator.

scholarly journals Protection of the subsoil of the continental shelf of Ukraine by international and national instrumentalities

2021 ◽  
pp. 186-190
Author(s):  
V. V. Chumak ◽  
O. O. Khan ◽  
I. V. Bryhadyr ◽  
K. V. Kysylova
Keyword(s):  
Continental Shelf ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
Structural Method ◽  
Legal Norms ◽  
Foreign Companies ◽  
Legal Method ◽  
Legislative Changes ◽  
State Protection

Purpose. Identification of international and national mechanisms for protection of the subsoil of the continental shelf of Ukraine and provision of scientifically sound recommendations for improving the legal regulation of their application. Methodology. During the study, the dialectical method was used to learn the essence of such a phenomenon as the protection of the subsoil of the continental shelf; the system-structural method when analyzing objective and subjective features of the crime under Part 2 of Art. 244 of the Criminal Code of Ukraine; the comparative-and-legal method in the study on the sanction of Part 2 of Art. 244 of the Criminal Code of Ukraine; the logical and dogmatic method when developing recommendations for improving legal norms. Findings. As a result of the study, mechanisms of protection of the continental shelf of Ukraine were determined. The necessity of improvement of the legislative base regulating the order of their realization is proved. Originality. The international legal and national mechanisms of state protection of the continental shelf of Ukraine are determined. In order to improve the state protection of the continental shelf, legislative changes to Part 1 of Art. 26 of the Subsoil Code of Ukraine, Part 2 of Art. 244 of the Criminal Code of Ukraine and Part 2 of Art. 216 of the Criminal Procedure Code of Ukraine are suggested. Practical value. Proposals to improve the current legislation of Ukraine are presented aimed at improving the efficiency of the State Service of Geology and Subsoil of Ukraine, the National Police, the Security Service of Ukraine and the judiciary to protect the subsoil of the continental shelf of Ukraine from illegal use by foreign companies.

scholarly journals Banking operations as an object of administrative and legal protection

2018 ◽  
Vol 81 (2) ◽  
pp. 28-37
Author(s):  
M. Y. Bukreev
Keyword(s):  
Financial Institutions ◽  
Banking Sector ◽  
Banking System ◽  
Legal Protection ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Norms ◽  
The Past ◽  
The Subject ◽  
Banking Operations

The subject matter of the research is the relations that are formed in the process of banking operations. It has been substantiated that banks and the banking system are among the most important financial institutions, which proper and stable functioning influences on all other spheres of life in the state. It is proved by the consequences of crises in the banking sector that have occurred in Ukraine over the past few years. Awareness of the importance of this area and the possible consequences of unlawful encroachments have determined the need to search for all legal means for combating delicts in the sphere of banking operations. Understanding the fact that one can achieve significant results in the sphere of protecting banking operations by administrative and legal means, has necessitated this scientific study. In order to analyze banking operations as an object of administrative and legal protection, the author has fulfilled the following tasks. The author has highlighted the use of the concepts of “protection” and “administrative and legal protection” in the context of their implementation in relation to banking operations. The foundations of Ukrainian and international administrative and legal regulation of protecting relations in the sphere of banking operations have been revealed. The essence and features of banking operations influencing the understanding of the sphere of protected relations have been outlined; and the content of administrative and legal protection of relations in the field of banking operations has been revealed. It has been noted that there is an extensive system of banking legislation on legal norms in Ukraine regulating banking operations that require legal protection. The practical significance of the obtained results of the article is determined by the substantiated provisions for improving the approaches to increase the efficiency of the administrative and legal protection of the relations in the sphere of banking operations. A number of practical results of the research can be used while studying administrative and legal means of protecting relations in the field of banking operations.

scholarly journals CIVIL LAW REGIME OF DUAL-USE GOODS FROM THE POSITION OF ENSURING THE BALANCE OF PRIVATE AND PUBLIC INTERESTS: COMPARATIVE LEGAL ASPECT

2020 ◽  
pp. 196-207
Author(s):  
Mikhail G. Shcherbakov ◽  
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Export Control ◽  
Dual Use ◽  
Legal Regime ◽  
Public Interests ◽  
Legal Norms ◽  
The Status ◽  
Private And Public ◽  
Fair Balance

The article examines the dialectical relationship between the balance of private and public interests and the effectiveness of legal regulation of the dual-use goods. The concepts of dual-use goods and the legal regime of dual-use goods are examined and the conclusion is made that there is an interdependence between the categories «fair balance of private and public interests» and «the form and content of the dual-use goods regime». The structure of the legal regime system, consisting of interconnected subsystems that are in functional unity with each other, is analyzed. The dynamic property of the legal regime of dual-use goods to change the status of the goods and the status of the subject, depending on the state of the balance of private and public interests, is revealed. A special mechanism has been identified for regulating the system of the legal regime for dual-use goods, arising from the process of unification of legal norms, both at the international and national levels. The author proposed measures to improve the mechanism for regulating the legal regime of dual-use goods, based on the achievements of scientific and technological progress. Thus, increasing inter-industry relations through the unification of legal norms, as well as the use of modern technologies in the export control process, will ensure a fair balance between private and public interests. Meanwhile, state intervention in the property relations of individuals should be of an exceptional nature, providing for the existence of a mechanism for judicial protection of the weak side, for example, in the form of an institution for consumer protection. It is a focused approach based on the additional role of the state that will improve the effectiveness of the dual-use goods regime, as well as eliminate archaic methods of legal regulation of the turnover of dual-use goods based on the permissive type of regulation. In that way, the system measures that allow integrating advanced technologies into the mechanism of dual-use goods regime include: - introduction of a risk-based approach in the export control system; - transition to the notification procedure for export control; - transition to automatic identification of dual-use goods; - creation of a unified technological platform for controlling the turnover of dual-use goods; - creating a virtual image of dual-use goods with the function of saving the history of their use; - chipping of dual-use goods; - use of distribution registers in transactions with dual-use goods.

scholarly journals ASPECTS OF INSOLVENCY IN CRIMINAL LAW

2015 ◽  
Vol 3 (72) ◽  
pp. 18
Author(s):  
Ivars Kronis
Keyword(s):  
Criminal Law ◽  
Scientific Literature ◽  
Criminal Liability ◽  
Legal Protection ◽  
Case Law ◽  
Behavior Patterns ◽  
Insolvency Law ◽  
Legal Norms ◽  
The Law ◽  
Insolvency Proceedings

The article contains analysis of the legal norms that govern criminal liability for risks posed to insolvency. Based on case law and conclusions made by the law scholars, the preconditions have been studied the presence of which has to be proven in order to enable calling of a person to criminal account for leading to insolvency, filing of a fraudulent application for insolvency proceedings, hindering the insolvency proceedings and breach of the conditions of legal protection. The study enables deepen understanding of the preconditions to application of the law and helps to gain knowledge of criminal legal protection of insolvency and to avoid any behavior patterns that might be interpreted as criminal. The period since enactment of the new Insolvency Law that has changed the concept of insolvency as well as the course of procedure and therefore has affected the application of criminal legal protection has been too short for development of judiciary in this area. The few sources of scientific literature on the regulation of criminal legal protection of insolvency in the Criminal Law had been published before enactment of the new Insolvency Law. Five years of operation of the Insolvency Law is a kind of milestone for updating the issues of criminal legal protection of insolvency and extended assessment of the insolvency regulations in the Criminal Law.

scholarly journals The concept and structure of administrative-legal support of the state defense

2018 ◽  
pp. 20-29
Author(s):  
Volodymyr Pashynskyi
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Social Relations ◽  
Necessary Conditions ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
Legal Norms ◽  
Legitimate Interests ◽  
State Defense

The article deals with modern scientific approaches to the definition and understanding of the structure of administrative-legal support for state defense. The elements of the structure of the administrative-legal support of the state defense are explored. Under the administrative-legal support of the state should be understood as regulated by administrative-legal norms, the systemic activity of the subjects of defense, in the first place, the activities of the subjects of public administration, with regard to the administrative- legal regulation, implementation, protection of social relations in the sphere of defense, guaranteeing the rights and legitimate interests of all subjects of legal relations, aimed at creating the necessary conditions for the defense of the state in the event of armed aggression. At the same time, the structure of the administrative-legal support for the defense of the state will consist of the following elements: 1) the object of administrative-legal support of the state defense – social relations in the field of defense that penetrate practically all spheres of public life; 2) subjects of administrative-legal support for state defense – subjects of administrative legal relations are endowed with rights and duties in the field of defense; 3) norms of law (norms of administrative law) – administrative-legal norms which regulate public relations in the field of state defense; 4) administrative-legal relations in the field of state defense – legal relationships settled by administrative and legal regulations that arise, develop, and cease between the subjects of defense in the process of exercising powers in the field of state defense; 5) guarantees of administrative-legal support of state defense – conditions, means, methods, forms and methods by which the implementation of public relations in the field of state defense is provided. The administrative-legal support of the state defense will be carried out by authorized security entity within the limits of authority and administrative and legal means determined by the norms of administrative law.

scholarly journals РОССИЯ И КИТАЙ: СОВЕРШЕНСТВОВАНИЕ ЗАКОНОДАТЕЛЬСТВА В ОБЛАСТИ БОРЬБЫ С ДОПИНГОМ

2020 ◽  
Vol 56 (3) ◽  
pp. 157-166
Author(s):  
В. В. Литовченко
Keyword(s):  
High Performance ◽  
Criminal Liability ◽  
National Level ◽  
Criminal Policy ◽  
Legal Protection ◽  
Political Influence ◽  
Legal Regulation ◽  
Special Role ◽  
Legal Norms ◽  
The Right

Спорт высших достижений является отражением экономического и политического влияния на международном уровне. Россия со времен СССР, являясь одним из мировых лидеров, занимала ведущие позиции в мировом спорте. Вместе с тем последние события в сфере крупных международных соревнований, серьёзные допинг-скандалы, отстранение ведущих спортсменов от соревнований показывают, что успех в современном спорте высших достижений неизменно связан с правильной трактовкой и реализацией на национальном уровне международно-правовых норм, связанных с допингом. Особую роль занимает уголовно-правовая охрана «чистоты» спорта от преступных посягательств в сфере использования и оборота допинговых средств. Автором проанализированы основы законодательства Российской Федерации и Китайской Народной Республики в области противодействия применению запрещённых препаратов в спорте. Осуществлена оценка на-ционального законодательства двух стран в контексте их соответствия междуна-родно-правовым договорам и соглашениям. Проведён сравнительный анализ действующих административных и уголовно-правовых норм. Систематизированы ос-новные положения и подходы в правовом регулировании данной сферы в России и Китае. Отдельно рассмотрены нормы, регламентирующие уголовную ответствен-ность за преступные деяния, в которых допинг является предметом преступления. Также в работе уделяется внимание уголовной политике в сфере борьбы с использованием допинга национальными спортсменами. Автор приходит к выводу, что две страны – на правильном пути, модифицируя нормы, касающиеся допинга, в соответствии с текущими реалиями спорта высших достижений. Несмотря на необ-ходимость внесения некоторых изменений, в дальнейшем принятые меры в России и Китае должны дать положительный результат. Ключевые слова: спорт высших достижений, законодательство, существующее в России и в КНР, субъекты международной спортивной деятельности, правоотношения, ответственность, борьба с допингом, незаконное употребление, наказание. The sport of records reflects the economic and political influence at the international level. Since the times of the USSR, Russia has been one of the world leaders, hold-ing leading positions in world sports. At the same time, the latest events in the sphere of large international competitions, serious doping scandals, banishment of the leading athletes from the competitions demonstrate that a success in modern sports of the highest achievements is inevitably connected with the correct interpretation and implementation of international legal norms related to doping at the national level. A special role is played by criminal legal protection of sport "cleanliness" from criminal encroachments in the sphere of use and circulation of doping means. The author analyzed the basics of legislation of the Russian Federation and the People's Republic of China in the sphere of counteraction to the use of prohibited drugs in sport. National legislation of the two countries was assessed in the context of their compliance with international legal treaties and agreements. A comparative analysis of existing administrative and criminal legal norms was made. The main provisions and approaches to legal regulation in this area in Russia and China were systematized. The norms regulating criminal liability for criminal acts in which doping is a subject of crime are considered separately. Also, attention is paid to criminal policy in the sphere of struggle against doping by national sportsmen. The author comes to the conclusion that the two countries are on the right track by modifying the norms concerning doping according to the current realities of the high-performance sport. Despite the necessity to make some changes in the future, the measures taken in Russia and China should give positive results. Keywords: sport of records, legislation existing in Russia and the PRC, subjects of international sports activities, legal relations, liability, the fight against doping, illegal use, punishment.

scholarly journals Biosafety and Bioethics Are the Ground of Modern Biotechnologies Development

2019 ◽  
Vol 8 (4S) ◽  
pp. 41-45
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Legal Norms ◽  
Scientific Discussion ◽  
Biotechnology Research ◽  
Protection Of Human Rights ◽  
Modern Biotechnology ◽  
Points Of View ◽  
Living Organisms ◽  
Comprehensive Study

This article summarizes different points of view in the context of scientific discussion on biosafety and the legal regulation of biotechnology use by states. The legal regulation of biotechnology, as a rapidly developing branch of science, concerns, first and foremost, activities related to the development, use and transfer of technologies for the use of living organisms. The main purpose of this study is to verificate the need to develop a mechanism that, according to the authors, will be able to implement the state biosafety policy based on the development of certain standards by international organizations and that will serve as a platform for the formation of international biomedical law, through integration principles of bioethics into biomedical relations. Object. The object of research is the norms of international law in the sphere of international legal regulation of the use of modern biotechnology through the lens of bioethics. Material and methods. The methodological basis of the research is comparative legal, dialectical, historical legal, comparative, and other research methods. Results. As a result of the analysis of scientific sources and approaches to solving this problem, evidence of the need for a comprehensive study of the existing scientific array to highlight bioethics has been obtained, and therefore biosafety, as an independent scientific direction in the context of modern legal biotechnology research and as part of the national security of the state. Scientific novelty. The scientific novelty of this study consists in conducting comprehensive comparative analysis of the process of formation of legal norms for the protection of human rights. These norms are contained in existing international agreements on the development of biotechnology, from the point of bioethics as a component of state biosafety. Thus, the practical sphere of implementation of the results of this study is a modern international lawmaking process that must adequately reflect the most important aspects of the application of modern biotechnology by the states of the international community. These important aspects must form the basis of the international biomedical law and the Code of Bioethics. Moreover, the authors make no claims a comprehensive analysis of the problem posed in their work, since many important aspects need further study.

scholarly journals Legal Framework for Regulating Physical Education and Sports in Kuzbass (1985–2008)

2020 ◽  
Vol 2020 (2) ◽  
pp. 161-167
Author(s):  
Vladimir Kazmin ◽  
Margarita Kazmina ◽  
Evgeniya Yuzupkina
Keyword(s):  
Soviet Union ◽  
Physical Education ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Transitional Period ◽  
Soviet Period ◽  
Legal Norms ◽  
Legal Method ◽  
Wide Range

The paper features legislative regulation of physical education and sports in different historical periods. The research objective was to describe the legal framework of the Soviet and post-Soviet periods in order to use the experience in modern conditions. The study was based on the following scientific principles and methods. The principle of scientific research made it possible to use of a wide range of published and unpublished archival documents and scientific sources. The principle of historicism allowed the authors to identify the state of legal regulation in various historical epochs, as well as the nature of the changes they underwent. The comparative legal method helped identify the nature of the legal framework, its content in the Soviet period, and the qualitative changes that occurred after the collapse of the Soviet Union. As a result, the authors identified a number of stages in the development of the legal framework in question. The period of the Soviet legal norms lasted from the mid 1980s to early 1990s. During the transitional period of the 1990s, Russia was actively searching for legal regulation: the basic legislation was adopted in 1993, and the Law itself entered into force in 1999. The third period began when the state law on physical education and sport was adopted in 2008. Soon after that, a similar document was released in Kuzbass. In this regard, the development of sports law is a system of legal norms that regulate relations in the field of physical education and sports at the Federal and regional levels. The results of the research can be used in the development of the regulatory framework by Federal and regional legislative bodies, the scientific community, and lawyers involved in sports and physical education law.

The legal features of the introduction of the state land cadastre

2021 ◽  
pp. 133-138
Author(s):  
Tamara Terekhova
Keyword(s):  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
Main Body ◽  
Legal Norms ◽  
Domestic Literature ◽  
Stage Of Development ◽  
Land Surveying ◽  
Land Relations ◽  
Real Value

Formulation of the problem. At the present stage of development of land relations in Ukraine, the activity related to the maintenance of the state land cadastre is of great importance and is intended to collect information and inform the participants of land relations about the real value and legal regime of each land plot in Ukraine. Such activity requires effective legal support because maintenance of the state land cadastre requires clear and transparent procedures for entering information into it and receiving information from its registry. Recent research on the topic. Problems of legal regulation of the maintenance of the state land cadastre has not received a wide coverage. Among the most revealing researches it is necessary to emphasize the dissertation of N. Grabovets , in which the subject of research was the legal support of the main types of land cadastral activity, and the scientific study of O. I. Sidorchuk , in which the legal aspects of the order of maintenance of natural resource cadastres were discussed. Legal aspects of maintaining the state land cadastre can be found in scientific works of A. G. Borovitskaya, N. O. Kuchakovskaya and Z. V. Yaremak. Currently, a comprehensive study of the legal regulation of the state land cadastre has not been conducted in the domestic literature. The purpose of this study is to determine the legal specifics of maintaining the state land cadastre. Article’s main body. Scientific research is devoted to determination of legal peculiarities of introduction of the state land cadastre. It was found that the legal regulation of the state land cadastre must be a relationship between landowners and landowners, the state, state entities and the community. The foundation of the legal regulation of the state land cadastre is the Constitution of Ukraine, which states that the laws of Ukraine determine the principles of land use exclusively. However, it should be noted that the main legal act on the maintenance of the state land cadastre is the Law of Ukraine "On the State Land Cadastre". In addition, some provisions concerning the maintenance of the state land cadastre are reflected in the Land Code of Ukraine, the laws of Ukraine "On Land Assessment", "On Land Surveying", "On Topographic and Geodesic and Cartographic Activities" and several bylaws. As a result of the conducted research it was established that the complex interconnected process of maintaining the state land cadastre requires a clear legal support for its organization. Law norms that regulate the organization of the areas of cadastral activities, including those related to the maintenance of the state land cadastre, are contained in different legal acts, which leads to the need for their systematization in a single legal act. Conclusions and prospects for the development. As a result of the conducted research it was established that the complex interrelated process of maintaining the state land cadastre requires a clear legal support for its organization. However, legal norms that regulate the organization of the areas of cadastral activity, including those related to the maintenance of the state land cadastre, are contained in different legal acts, which leads to the need for their systematization in a single legal act.

Sign in / Sign up

Export Citation Format

Share Document