Legal Regulation of Agricultural Cooperation: New Approaches and Prospects for Developing Rural Areas

2020 ◽  
Vol 11 (7) ◽  
pp. 1799
Author(s):  
Kalymbek BAKYTZHAN ◽  
Lazzat YERKINBAYEVA ◽  
Daniya NURMUKHANKYZY ◽  
Madina ZHUSUPBEKOVA ◽  
Indira NESIPBAYEVA
Keyword(s):  
Economic Policy ◽  
Rural Areas ◽  
Legal Regulation ◽  
Level System ◽  
Agricultural Cooperative ◽  
New Approaches ◽  
Foreign Countries ◽  
Study Results ◽  
Multi Level ◽  
The Republic

Throughout the post-independence period, the development of agriculture and rural areas has been among the main priorities of Kazakhstan's economic policy. This study considers new approaches and prospects for the legal regulation of agricultural cooperation and the development of rural areas. The article analyzes the legal regulation of agricultural cooperation in the Republic of Kazakhstan and foreign countries. The authors have identified the main constraining factors to the development of agricultural cooperative societies, in particular, and rural areas, in general. They have also determined the key measures for developing agricultural cooperation and rural areas, as well as provided a detailed overview of such measures. The study results prove that the formation of a multi-level system of agricultural cooperative societies, functioning in collaboration with state (local) authorities, contributes to the development of rural areas.

Sources of Legal Regulation of Sports Relations in the Russian Federation and Foreign Countries

2020 ◽  
Vol 17 (4) ◽  
pp. 41-52
Author(s):  
Ekaterina Y. Kovalenko ◽  
Olga A. Shavandina
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Healthy Lifestyle ◽  
State Level ◽  
Legal Regulation ◽  
Physical Culture ◽  
Level System ◽  
Foreign Countries ◽  
The Russian Federation ◽  
Multi Level

Introduction. In modern conditions of socio-economic development of the Russian Federation, physical culture and sport are the key to the formation of a healthy lifestyle of the population and are important indicators of the success of the Russians participating in various sports events at various levels. At the same time, the number of people involved in physical education and sports in Russia is insignificant, due to the insufficient level of citizens' legal awareness, the inaccessibility of receiving high-quality services in this area, the underdeveloped infrastructure, and the presence of gaps and conflicts in the legal regulation of this block of public relations. One of the ways to solve these problems is to develop a system of sources of legal regulation of sports relations. Purpose. Based on the studied sources of legal impact on sports relations in Russia and foreign countries, theoretical developments and materials of judicial practice, the authors attempted to form a model of legal regulation of sports relations. Methodology. The authors in the process of writing the article used formal legal, logical, systemic and comparative legal methods. Results. A study of existing sources of Russian and foreign law governing sports relations suggests the presence of a complex multi-level system of legal regulation. The state level of legal impact is represented by a set of regulatory legal acts, which are formal sources of regulation of sports relations. The non-state level includes customs, unified rules, other recommendatory acts, as well as local and contractual norms created by the participants in sports relations themselves, taking into account the specifics of the relations established between them. Conclusion. Based on the analysis of various sources regulating relations in the field of physical culture and sports in Russia and foreign countries, the authors propose a model of legal regulation of sports relations in the Russian Federation, which is a multi-level system of sources of state and non-state influence on the behavior of participants in these relations. It is concluded that it is necessary to expand the dispositive principles in the system of legal regulation of sports relations through the active use of such regulators as local and contractual rulemaking, as well as other forms of non-state influence on the behavior of participants in these relations.

scholarly journals Features of Legal Regulation of the Circulation Order of Gift Certificates

2019 ◽  
pp. 72-80
Author(s):  
Avak Vartanian
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Advance Payment ◽  
Foreign Countries ◽  
The Gift ◽  
The Usa ◽  
The Subject ◽  
The Republic ◽  
Gift Certificate

The article analyzes the novels of the legislation of the Republic of Belarus concerning the procedure for using gift certificates when selling goods (performance of works, rendering services). It has been done a comparative analysis of the legal regulation of the procedure for circulation of gift certificates in the Republic of Belarus, Ukraine and some foreign countries (Canada, the USA). The author raises some problems concerning the use of a gift certificate in civil circulation. It is pointed out that there is uncertainty both in the theory of civil law and at the level of legislative regulation regarding the civil law nature of a gift certificate. It is noted that the analysis of the legislation in force in the Republic of Belarus allows us to define a gift certificate as a document certifying the property right (requirement) of its holder (bearer) to receive goods (works, services), and the amount of money contributed when purchasing a gift certificate, as advance payment (advance payment). At the same time, such an approach of the legislator is criticized due to the fact that there is a clear contradiction to the requirements of Art. 402 of the Civil Code of the Republic of Belarus, from the content of which it follows that the advance payment presupposes the existence of a contract in which the subject has been agreed, which is not typical of most gift certificates, due to the fact that they do not contain an indication of the subject of the contract. Having done the analysis of the civil legislation of Ukraine, the author makes a conclusion that there is application of the rules on a purchase agreement to gift certificates, the subject of which may be property rights in accordance with the Civil Code of Ukraine. The conclusion is made about the imperfection of the legal regulation of the procedure for circulation of gift certificates in the Republic of Belarus and Ukraine, as well as about the complex legal nature of the gift certificate, regarding which legal regulation should be more universal, defining a gift certificate as an independent object of civil legal relationship.

Holding Peaceful Assemblies in the Republic of Kazakhstan: Rights of Citizens and Administrative Liability

2018 ◽  
Vol 9 (3(33)) ◽  
pp. 870
Author(s):  
Timur K. AVENOV
Keyword(s):  
Constitutional Law ◽  
General Characteristic ◽  
Legal Regulation ◽  
International Standards ◽  
Legal Norms ◽  
Foreign Countries ◽  
Legal Model ◽  
The Republic ◽  
The Right ◽  
Mass Events

The article considers the matters of constitutional and administrative-legal regulation of the right to peaceful assembly in the Republic of Kazakhstan (RoK) and a number of foreign countries. Since there is a lot of publications dedicated to the study of compliance of this legislation to international standards, the analysis has been conducted by the following criteria: the general characteristic of the right to freedom of assembly from the viewpoint of international and constitutional law standards, the principles of organization and holding of public assemblies, the procedure of organization of a public assembly and its holding, and the liability for breaching this procedure. The author shows that the current incoherence of legal norms in this area prevents from developing a unified legal model for administrative liability for breaching public order and safety when holding mass events. Based on the study of normative and research materials in administrative and constitutional law, legal principles and approaches to freedom of assembly in international law and the law of a number of foreign countries, the author proposes options to improve the conceptual framework of legislation concerning assembly and mass events, to formulate proposals that will allow efficiently and legally applying administrative liability for breaching the RoK law concerning the procedure of organization and holding of peaceful assemblies, rallies, marches, pickets and demonstrations. Primary provisions and conclusions of the article can be used in scientific and practical activity when considering issues of holding liable for offences infringing constitutional rights of citizens and the established procedure for organizing and holding peaceful assemblies, rallies, marches, pickets and demonstrations, and to reform the norms of legislation on administrative offences.

scholarly journals Legal Regulation Of Private Law Aspects Of Water Use By Owners And Users Of Neighboring Land

2019 ◽  
pp. 132-144
Author(s):  
I.V. Myronenko
Keyword(s):  
Water Resources ◽  
Water Use ◽  
General Rule ◽  
Legal Regulation ◽  
Legal Documents ◽  
Land Owners ◽  
Foreign Countries ◽  
Natural Movement ◽  
Legitimate Interests ◽  
The Republic

The article is devoted to some questions of the legal legal regulation of neighborhood relations related to the use of water to meet the needs of owners and users of neighboring land. The regulation of this relationship has historically been an inseparable part of neighbour law. Regulations of this kind were contained in many historically significant Ukrainian legal documents (in particular, various editions of the Lithuanian Statutes, the Rights of the Little Russian People (1743), and others). Currently, the regulation of the use of water resources mainly comes under the sphere of public law. Consequently, the current Land Code of Ukraine does not contain regulations of this kind. Nevertheless, a study of international legislation and regulation policies on neighbourly relations emphasizes the necessity to legislate on the private aspects of neighbourly water use. In particular, such provisions include the laws of the Republic of Moldova, Georgia, Republic of Azerbaijan and some other post-soviet states. The findings of the study has made it possible to formulate the proposals aimed at improving the current legislation on this issue. They are based on a general rule forbidding to alter the natural movement (flow) of water, if it violates the rights and legitimate interests of owners or land users of neighboring land. The artificial movement (flow) of water, caused by the activity of land owners or land users, is proposed to regulate by contract by establishing land easements (discharge of water to a neighboring land plot, their redistribution between neighbors, etc.). Regulating water-related relationships to meet the needs of owners or land users of neighboring land has historically been an integral part of «neighborhood law». Nowadays, the legal regulation of the relationship regarding the use of water resources has shifted to the sphere of public legal regulation. Nevertheless, the study of the laws of foreign countries and the practice of regulating good neighborly relations indicate the need for legal regulation of private aspects of neighborhood water use. They are mainly related to the prohibition of altering the natural movement of water if it violates the rights and legitimate interests of owners and owners of neighboring properties.

scholarly journals Implementation of the three-link model of pre-trial investigation in the Republic of Kazakhstan

2021 ◽  
Vol 136 (3) ◽  
pp. 113-118
Author(s):  
B.M. Smatlaev ◽  
Keyword(s):  
Criminal Procedure ◽  
Legal Regulation ◽  
Pilot Program ◽  
Legal Regime ◽  
Judicial Practice ◽  
Procedure Code ◽  
Foreign Countries ◽  
Link Model ◽  
The Republic

The article presents innovations of the Code of Criminal Procedure of the Republic of Kazakhstan which, in pre-trial investigations, play a major role in protecting the rights and freedoms of citizens. The article justifies the need for special legal regulation of these objects of citizens ‘ rights. The author considers positions of scientists, judicial practice and legislation of Kazakhstan and foreign countries. It identifies shortcomings and contradictions of legal legislation. In accordance with the requirements of the new legislation, the transition to a three-link model under the pilot program will protect the rights of many citizens in the country, which will practically reduce the responsibility of persons who are not involved in crimes in the course of investigations. As a result of the analysis of the legislation of Kazakhstan, the author concluded that it is necessary to change the legal regime and recently adopted Criminal Procedure Code, which is more or less beneficial for citizens.

CIVIL LEGAL REGULATION OF THE COMMERCIALIZATION OF PATENTED INVENTIONS: THE CREATION OF INVENTIONS, THE LICENSING OF PATENT RIGHTS, THE SALE OF PATENT RIGHTS

2021 ◽  
Vol 6 (4) ◽  
pp. 26-32
Author(s):  
Dilrabo Egamova ◽  
Keyword(s):  
Intellectual Property ◽  
Legal Status ◽  
Legal Regulation ◽  
Foreign Countries ◽  
Patent Rights ◽  
The Creation ◽  
The Republic ◽  
Patented Inventions

In this article, issues of commercialization of intellectual property objects, which are one of the topical issues in the field of intellectual property, including the commercialization of patented inventions, their legal status, creation of inventions, licensing of patent rights,sale of patent rights, copyright rights, restoration of violated rights are considered. At the same time, the opinions of anumber of scientists on the commercialization of intellectual property objects in foreign countries and the Republic of Uzbekistan have been studied

ОNMEASURES TO PREVENT ILLEGAL EXPORT OF ELECTRONIC CURRENCY FROM UZBEKISTAN TO FOREIGN COUNTRIES

2021 ◽  
Vol 6 (8) ◽  
pp. 63-70
Author(s):  
Farkhod Gafurov ◽  
Keyword(s):  
Preventive Measures ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Scientific Article ◽  
Foreign Countries ◽  
Urgent Task ◽  
The Republic

To date, there are cases of illegal export of values in electronic currency from the Republic of Uzbekistan to foreign countries, in particular, suchforeign currency as cryptocurrency, blockchain, mining. This situation, in turn, causes an escalation and an increase in the illegal withdrawal of electronic currency values from the Republic of Uzbekistan to foreign countries. Since the fight against theillegal export of currency values from the Republic of Uzbekistan to foreign countries remains an urgent task. Based on the foregoing, this scientific article will highlight in detail theimportance, prevention of illegal export of the Republic of Uzbekistan to foreign countries, illegal export of electronic currency values from the Republic of Uzbekistan to foreign countries establishment of administrative and criminal liability for embezzlement, legal regulation of relations related to electronic currency and relevance of the fight against illegal export of electronic currency values from the Republic of Uzbekistan to foreign countries, proposals on preventive measures

Features of legal regulation of the institute inquiry in the legislation of Ukraine and foreign countries

2021 ◽  
Author(s):  
Maryna Vandzhurak
Keyword(s):  
Czech Republic ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
The Czech Republic ◽  
Criminal Offenses ◽  
Foreign Countries ◽  
The Republic ◽  
Simplified Procedure ◽  
Simplified Form

Problem setting. This article examines the legal regulation of the institute of inquiry in Ukraine and abroad. It is concluded that the institution of inquiry in foreign countries is inherently different from the national form of pre-trial inquiry, but has some similarities. In particular, the differences are in the establishment of different terms of pre-trial investigation, the subjects of the criminal investigation procedure, the specifics of the use of additional evidence, the presence of a mandatory condition – a guilty plea to the suspect, the prosecutor’s participation in the proceedings. The author identifies common features and differences of the institute of inquiry in Ukraine and other countries, which in turn allows to identify ways to improve existing legislation. The purpose of the article is to compare the legal regulation of the institution of inquiry in the current criminal procedure legislation of Ukraine and similar pre-trial investigation procedures in France, Germany, Austria, the Czech Republic (here in after – the Czech Republic), the Republic of Poland (here in after – Poland), Great Britain, Belarus, Kazakhstan in order to identify positive features in order to improve it. Analysis of recent researches and publications. The scientific works of Ukrainian scientists: N. I. Brovka, S. I. Simakov, O. V. Kerevych, K. B. Kalinovsky, etc. are devoted to the study of various aspects of inquiry in foreign countries. However, due to the lack of thorough research on the comparative analysis of the legal regulation of the institution of inquiry, as a simplified form of pre-trial investigation, with other countries, there is a need for such an analysis and highlight the positive aspects. Articles main body. The institute of inquiry belongs to a simplified form of pre-trial investigation, which speeds up the trial in order to ensure greater efficiency of the criminal justice system and reduce costs. Thus, the investigated form of pre-trial investigation came into force on July 1, 2020 in criminal procedure legislation, in accordance with the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine to Simplify Pre-trial Investigation of Certain Categories of Criminal Offenses” № 2617-VIII of 22.11.2018. The need for inquiry as a simplified form of criminal proceedings is due, in particular, to the heavy workload of investigators (for example, the National Police) in cases of minor crimes, which are now called criminal offenses. Inquiry is conducted during the investigation of criminal offenses, special subject – the connoisseu of the subdivisions of the inquiry or the authorized persons of other subdivisions; inquiry is carried out in a short time – 72 hours in case of notification to the person on suspicion of commission of a criminal offense. Additional sources of evidence in criminal proceedings on criminal offenses, in addition to general sources of evidence, are also explanations of persons, results of medical examination, expert opinion, testimony of technical devices and technical means that have the functions of photography and filming, video or photo and filming, video recording. The procedure of simplified investigation of minor criminal offenses operates successfully in many foreign countries, in particular in the French Republic, the Kingdom of Spain, Kazakhstan, Germany, Austria, the Republic of Belarus, the Czech Republic, Poland. The simplified procedure in Poland does not apply to: – accused persons deprived of liberty, except in cases of prior arrest to the perpetrator of certain types of crimes; – minors; deaf, dumb or blind; – in the presence of reasonable doubts about the sanity of the suspect; – if the person does not speak Polish. The bodies investigating cases under the simplified procedure are the police, as well as other bodies authorized to conduct investigations (Article 471). The total term of the simplified investigation is 1 month. Regarding the legal regulation of the institute of inquiry in Austria, it should be noted that the preliminary investigation is carried out only in the form of inquiry. Immediate investigative actions related to the identification of the perpetrator, as well as other circumstances, are conducted by the police before the initiation of a criminal case and end with the transfer of all materials to the prosecutor. At the same time, the body of inquiry is authorized to carry out any investigative and operative-search actions (which is unique in comparison with Ukraine). It should be noted that a comparative analysis of the criminal procedure legislation of foreign countries allows to state the existence of a tendency to improve the pre-trial investigation towards its simplification. In international activities in the field of simplification of criminal procedure, there is a direction to adhere to such forms of justice that would optimally take into account the gravity of the crime, the consequences that may occur as a result. It is as a result of such simplification of criminal proceedings that it is possible to ensure procedural savings of forces, time and resources of participants in criminal proceedings. Conclusions and prospects for further research. As for the overall impact of criminal offenses on the criminal justice system, it should be agreed that it is mostly positive. The system itself has become more humane as the number of detentions has decreased and the number of precautionary measures applied during the investigation has been minimal. This is one of Ukraine’s important commitments to the Council of Europe. The average length of a pre-trial investigation has accelerated by about half. This article will be useful for scholars studying the features of forms of pre-trial investigation, as it contains a comparative study of the institute of foreign inquiry and national criminal procedure law. Attention is also focused on some problematic issues related to the simplified form of pre-trial investigation. It can serve as a springboard for scientists to further research the institute of inquiry.

scholarly journals ADMINISTRATIVE AND LEGAL REGULATION OF THE ADMINISTRATIVE DETENTION OF OFFENDERS FOR COMMITTING DOMESTIC VIOLENCE: FOREIGN EXPERIENCE AND NATIONAL PRACTICE

2021 ◽  
Vol 76 (3) ◽  
pp. 101-107
Author(s):  
Olha Merdova ◽  
◽  
Ivan Khozlu ◽  
Marуna Shulga ◽  
◽  
...  
Keyword(s):  
Domestic Violence ◽  
Criminal Responsibility ◽  
Extended Period ◽  
Legal Regulation ◽  
Domestic Relations ◽  
Foreign Countries ◽  
Illegal Acts ◽  
The Republic ◽  
National Practice ◽  
Administrative Detention

The article is devoted to the analysis of administrative and legal regulation of administrative detention of offenders for committing domestic violence in some foreign countries. The author found that in most foreign countries there is no institution of administrative detention, due to the lack of division of criminal and administrative offenses, and detention of offenders for domestic violence is carried out within the implementation of the institute of criminal responsibility. The experience of such countries as Estonia, the Republic of Azerbaijan, the Republic of Belarus, the Republic of Kazakhstan, the Republic of Moldova, the Republic of Tajikistan, the Republic of Turkmenistan, the Republic of Uzbekistan, where the institution of administrative detention is legally established, has been studied. It was found that not in all of the countries we analyzed, administrative tort law contains a special offense that establishes administrative liability for domestic violence, quite often illegal acts covered by the concept of «domestic violence» are classified under other rules related to the task of harm to health or insults in the field of family and domestic relations. The legislative regulation of administrative detention, its grounds and terms are analyzed. It is emphasized that administrative detention for domestic violence is common in many countries, its terms vary from 3 hours to 72 hours, and one of the reasons for establishing an extended period of administrative detention is the presence in the sanction of an article qualifying the act, a penalty of administrative arrest. The conclusion on expediency of fixing of special term of administrative detention for commission of the administrative offense provided by Article 173-2 of the Code of Ukraine on Administrative Offenses, increasing it to three days, which will actually implement the purpose of this measure to ensure the proceedings – the cessation of domestic violence.

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