scholarly journals Administrative and legal status of the childrwen’s rights commissioner in Russia and the republic of Kazakhstan: comparative analysis

2019 ◽  
Vol 19 (3) ◽  
pp. 93-100
Author(s):  
Zamfira Tanaeva ◽  
Tatyana Smagliy
Author(s):  
V. Ashytka ◽  
M. Ashytka

The article is devoted to the problems in the conceptual apparatus for disclosing the participation of minors in legal relations that arise in the process of implementing the provisions of the Constitution of the Republic of Belarus. Analysis of issues relating to the consolidation of the rights of the child in Belarusian legislation and in international legal instruments in view of the fact that the legal status of children because of special status of a child reflecting the characteristics of the bearer. The classification of the age of periodization in various fields of scientific and social activity was considered as well as the specificity of the constitutional and legal status of the child, which is based on the age limit between adulthood and adolescence. The study is based of the use of normative material, the main one being the method of comparative analysis. The difficulties of developing and applying unified terminology and selecting the boundaries of childhood in regulating the totality of social relations with participation of the child as a subject of Constitutional law are shown.


2020 ◽  
Vol 12 (5) ◽  
pp. 43-58
Author(s):  
V.L. Dostov ◽  
◽  
P.M. Shoust ◽  
G.V. Alekseev ◽  
S.V. Krivoruchko ◽  
...  

The goal of this paper is to identify relevant (general and particular) elements of electronic money regulation in Russia, Kyrgyzstan, Kazakhstan, Belarus and Armenia. For the purposes of comparative analysis, the paper first introduces the methodology by outlining such factors as the legal status of electronic money issuers (including prudential requirements), differentiation of customer due diligence requirements in e-money systems, e-wallet usage rules, and division between the issuing and e-money transfer functionalities. Second, these factors are analyzed for each country, based on current regulatory acts. Finally, synthetic conclusions regarding major regional trends for regulation of e-money as a financial service are made. In most countries, e-money issuers are subject to licensing for the purposes of financial stability. Yet, approaches to differentiating functions of e-money actors vary across countries: in some of them, regulation recognizes “e-money operators” which transfer e-money but do not issue it. However, actual effects of this differentiation merits additional research. Almost all countries have implemented remote (simplified) identification which underlines the role of e-money as a “simplified” product aimed at financial inclusion. All countries except the Republic of Belarus and the Kyrgyz Republic still recognize non-personified electronic wallets. The research confirms that electronic money is still a specific instrument aimed at supporting financial inclusion and satisfying demand for instant cashless payments. More research is required to assess the actual effects of different regulatory approaches on the development of the e-money market.


2020 ◽  
Vol 10 (1) ◽  
pp. 28-32

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.


2020 ◽  
Vol 16 (4) ◽  
pp. 715-729
Author(s):  
T.N. Savina

Subject. To achieve a high level of economic security is a key priority of national development. Employment reveals one of the most important aspects of social development of the individual that is associated with his or her needs satisfaction in the sphere of employment and is boon to economic security. Objectives. The purpose of the study is to show the impact of unemployment on economic security in employment. Methods. I apply such scientific methods as dialectical, historical and logical unity, structural and functional analysis, traditional techniques of economic analysis and synthesis. The methods of multivariate statistical and comparative analysis serve as a methodological basis of the study. To determine the indicator of unemployment, I use the band theory. Results. I underpin the growing role of employment in ensuring economic security. The paper presents a comprehensive assessment of the unemployment status and a comparative analysis of the indicator in the Republic of Mordovia, the Volga Federal District, and the Russian Federation as a whole. I identify trends in the average duration of unemployment, show the distribution of unemployed by level of education and age groups. Conclusions. The average annual unemployment rate in the Republic of Mordovia is lower than in Russia and the Volga Federal District. The findings may be useful for public authorities to substantiate their employment policy at both macro- and meso-levels, for designing programs and strategies for socio-economic development of regions and the social security doctrine, as well as in practical activities of employment services.


2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Mbuzeni Mathenjwa

The history of local government in South Africa dates back to a time during the formation of the Union of South Africa in 1910. With regard to the status of local government, the Union of South Africa Act placed local government under the jurisdiction of the provinces. The status of local government was not changed by the formation of the Republic of South Africa in 1961 because local government was placed under the further jurisdiction of the provinces. Local government was enshrined in the Constitution of the Republic of South Africa arguably for the first time in 1993. Under the interim Constitution local government was rendered autonomous and empowered to regulate its affairs. Local government was further enshrined in the final Constitution of 1996, which commenced on 4 February 1997. The Constitution refers to local government together with the national and provincial governments as spheres of government which are distinctive, interdependent and interrelated. This article discusses the autonomy of local government under the 1996 Constitution. This it does by analysing case law on the evolution of the status of local government. The discussion on the powers and functions of local government explains the scheme by which government powers are allocated, where the 1996 Constitution distributes powers to the different spheres of government. Finally, a conclusion is drawn on the legal status of local government within the new constitutional dispensation.


2018 ◽  
Vol 2 (1) ◽  
pp. 104
Author(s):  
Dita Birahayu

<p>Based on Declaration of Djuanda, it declared that Indonesia maritime was defined as the entity of the Republic of Indonesia (NKRI), and thus, Indonesia is known as an archipelagic country with a very broad maritime territory directly adjacent to 10 neighboring countries. However, it poses a lot of potential maritime boundary conflict. Supported by this current advanced science, both artificial islands and coastal reclamation were being carried out. Singapore is one having a reclamation named Jurong Island, and it is very close to the territory of NKRI. As an independent country, Indonesia is attempting to protect its territory by having a diplomatic negotiation with Singapore in order to decide the legal certainty over their maritime borders, especially in east area. In addition, they need to define the legal status of that reclaimed island. Based on UNCLOS 1982 article 11 and 80, the legal status of the reclaimed island may not threaten the sovereignty of NKRI as its presence does not change the maritime territory of a country, and it has been agreed in the previous agreement.</p>


2020 ◽  
Vol 1 (1) ◽  
pp. 37-91
Author(s):  
B. A. Kurkin

The author interprets the Pretender in Pushkin’s Boris Godunov as an infernal figure rather than an example of an unsophisticated yet talented and ambitious adventurer. Comparative analysis of 17th-c. Russian historical sources and the tragedy reveals that, in his depiction of the Pretender, Pushkin relied on hagiographies, chronicles, and reminiscences of people with first-hand knowledge, rather than N. Karamzin’s work. The paper examines the qualities attributed to the Pretender by other characters in the tragedy: they concern his personality, official and canonical legal status. The author stresses that the attributions are unbiased reflections on the Pretender’s actions. To this end, the researcher analyses the meaning and significance of the terms ‘rasstriga’ (‘runaway monk’), ‘samozvanets’ (‘pretender’), ‘eretic’ (‘heretic’), ‘postrel’ (‘scamp’), ‘sosud diavolskiy’ (‘vessel of evil’), and ‘vragougodnik’ (‘devil’s accomplice’) in their meanings from the 17th c. and up until Pushkin’s lifetime. Viewed from this angle, the Pushkinian character is presented as a menacing figure hell-bent on getting a Faustian bargain.


Author(s):  
Zoilboev Javlon Karimjon O‘G‘Li ◽  

In this article analyzes the reforms carried out in the spheres of the system of state management bodies of the Republic of Uzbekistan, the system of administrative bodies and administrative bodies in recent years. The article also provides a comparative analysis of the new administrative-legal relations, problems and mistakes made after the adoption of the law of the Republic of Uzbekistan “On administrative procedures”, and made prospective suggestions.


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