scholarly journals Legal Restrictions of the Members of Parliaments of Belarus and Poland

2021 ◽  
Vol 5 ◽  
pp. 23-30
Author(s):  
Aksana Chmyha ◽  

Goal – to analyse the key concepts of legal restrictions on the members of the Parliaments of Belarus and Poland in a comparative feature. Research methodology – the basis of the work is the comparative-legal method of research, as well as other methods of scientific inquiry. Score/results – there are significant obligations on Polish and Belarusian parliamentarians following from the requirements of legislative acts on the observance of a number of legal restrictions in the implementation of their mandates. In the article a number of progressive characteristics of legal restrictions on the members of the Parliaments of Belarus and Poland are stated. Originality/value – a new conclusion has been reached that it is preferable to further improve the regulatory framework that promotes the establishment of the legal restrictions of the members of Parliaments, which should be based both in Poland and in Belarus on the study and mutual implementation of the accumulated positive legislative experience of these states in this area.

2021 ◽  
Vol 2 (2) ◽  
pp. 45-49
Author(s):  
E. S. NIKIFORENKO ◽  

The subject of the research is the construction of internal tax control in organizations within the framework of the general system of internal control. The purpose of the study is to identify the role of internal tax control in the structure of organizations' activities, to determine the degree of development of problems and variability of implementation. The research methodology is the application of theoretical and empirical methods of sci-entific knowledge: observation, analysis, synthesis, modeling, extrapolation, logical generalization. The result of the study is the identification of the main elements and methods of introducing internal tax control in organ-izations. The conclusion is the need to expand the theoretical, methodological and regulatory framework in order to develop internal tax control and involve organizations in the application of this form of control.


2019 ◽  
Vol 17 (1) ◽  
pp. 38-59
Author(s):  
Asmawati Muhamad ◽  
Abdul Halim Syihab ◽  
Meguellati Achour

Abstract The contemporary discourse of environmental sustainability has many values embedded in the teachings of the Quran and Sunna. The general outlook of the Quranic paradigm on utilizing the natural environment is based on the prohibition of aggression and misuse, as well as being founded on ideas of construction and sustainability. Unfortunately, in the contemporary world the Muslim community fails to pay sufficient attention to the relevant instructions in the Quran and Sunna. Thus, this article attempts to expand on key concepts within the Quran and Sunna which reveal the most important values for environmental sustainability. The research methodology employed in this paper is an analytical study of a number of Quranic verses with a particular focus on tafsīr bi al-maʾṯūr (explanation based on hadith), tafsīr bi al-raʾyi (explanation based on reason), and historical narrative. In short, this paper brings to light the importance of relevant classical and contemporary Quran and Sunna studies for improving human-nature relations and coexistence.


2020 ◽  
Vol 9 (27) ◽  
pp. 129-139
Author(s):  
Stanislav Odintsov ◽  
Marina Trubina ◽  
Mohammad Mansour

In the current growing global commercial turnover of goods and services, there are increasing demands on the ways of their individualization. This applies both to traditional methods of individualization (corporate name, trademark, commercial designation, name of origin, etc.) and non-traditional (olfactory trademarks). The purpose of this study is to study and analyze doctrinal concepts, norms of the current legislation, and law enforcement practice concerning the protection of rights of olfactory trademarks. In order to achieve this objective, the study used a comparative legal method, which analyzed the legal and regulatory framework, as well as the grounds for refusing to register non-traditional trademarks in various legal systems and national jurisdictions. The task of the authors was to conduct a comprehensive study of legislative regulation and practice of legal protection of olfactory trademarks in various jurisdictions. The result of the research is the formulation of a general trend in different jurisdictions toward the legislation on registration of exclusive rights to non-traditional trademarks, which with the help of aromas (smells) allow individualizing the owners of goods produced by them and/or commercial services provided.


Author(s):  
V.E. Zvarygin ◽  
A.S. Kondakov

The article provides a comprehensive analysis of the norms of legislation regulating the issues of countering extremist manifestations motivated by religious hatred, enmity and intolerance using the comparative legal method of scientific knowledge; The main national and international normative legal acts, as well as the provisions of federal laws and by-laws of state authorities regulating the fight against religious extremism In addition, the activities of authorized structural divisions of executive authorities responsible for organizing work to counter religious extremism, including the regulatory framework governing the functioning of these units, were considered. Based on the results of the analysis, proposals were formulated for further improvement of the regulatory framework related to the issues of countering religious extremism.


2013 ◽  
Vol 19 (3) ◽  
pp. 572-579
Author(s):  
Debra Frances Campbell ◽  
Afonso A. Machado

The field of qualitative scientific inquiry employs a fast-growing variety of approaches, whose traditions, procedures, and structures vary, depending on the type of study design and methodology (i.e., phenomenological, ethnographic, grounded theory, case study, action research, etc.). With the interpretive approach, researchers do not utilize the same measures of validity used in positivist approaches to scientific inquiry, since there is "...no one standard or accepted structure as one typically finds in quantitative research" (Creswell, 2007). With the absence of a single standard, how, then, is it possible for qualitative researchers to know whether or not their study was done with rigor, that it has validity, that it is ready to submit to their peers? The research literature is sprinkled with references to quality in qualitative inquiry, which helps to construe a study's validity. Markula (2008) suggests that we validate our study's findings by assuring readers that it was done "in the best possible way." While each research tradition has its own set of criteria for judging quality, we present here general concepts drawn from the literature. We hope this article will provide a framework from which qualitative researchers can judge their work before submitting it to their peers¸ one which will help ensure that their study was done "in the best possible way."


2017 ◽  
Vol 1 (3) ◽  
pp. 108-116
Author(s):  
Olga Bazhenova

The subject. The crisis of local self-government actualizes the problem of effectiveness oflegal regulation of the issues of its organization.The purpose of the paper is evaluation of the effectiveness of the regulatory framework forthe organization of local government.The methodology of research includes systematic analysis, formal legal method, interpretationof legislation.The results and scope of application. The crisis of local self-government actualizes the problemof effectiveness of legal regulation of the issues of its organization. Evaluation of theeffectiveness of the regulatory framework for the organization of local government is reducedto two questions: what are the limits of state legal regulation and what are the beginningof the division of powers on the organization of local government between the RussianFederation and the subjects of the Russian Federation.Recognizing the optimal legislative approach to the definition of the limits of state regulation,which assumes the creation at the federal level of a full-fledged legal mechanism for the implementationof local self-government, subject to its combination with the beginning of municipalself-regulation, the author criticizes the legislative approach to delineating the powersto organize local self-government between the Federation and the subjects of the Federation.Conclusions. Due to the legislative formula, according to which the scope of regional powersdepends on the discretion of the federal legislator, the local self-government turned out tobe "hostage" to the emerging federal relations.


Legal Concept ◽  
2021 ◽  
pp. 33-42
Author(s):  
Denis Appazov ◽  
Yulia Tymchuk

Introduction: the paper analyzes the prospects for creating a regulatory framework for the digital platforms in Russia. The paper examines the existing approaches to the definition of “digital platform” in the legislation and legal doctrine, determines their role in the implementation of the state policy on building a digital economy, as well as the factors that led to their accelerated implementation in public administration. A critical analysis of the actions planned in the National plan that ensure the restoration of employment and income of the population, economic growth and long-term structural changes in the economy associated with digital platformization is carried out. The paper reveals the existing problems in the domestic law enforcement practice related to the functioning of the digital platforms in the context of legal uncertainty. The paper examines the foreign experience of the legislative regulation of digital platforms. Methods: in the study, the authors used both the general scientific methods (dialectical method of cognition, analysis, synthesis, formal logical method, prognostic method, etc.) and the specific scientific methods (formal legal method, method of legal interpretation, etc.). Results: the need to create a regulatory framework for the digital platforms in order to eliminate the identified problems of the law enforcement practice is justified. Conclusions: based on the results of the study and taking into account the analysis of the positive foreign experience, the authors’ definition of the concept of digital (online) platform is formulated, and the main directions for improving the domestic legislation regulating the activities of the digital platforms in Russia are determined.


2021 ◽  
Vol 10 (46) ◽  
pp. 281-289
Author(s):  
Oleksandr Drozdov ◽  
Volodymyr Hryniuk ◽  
Serhii Kovalchuk ◽  
Liliia Korytko ◽  
Galyna Kret

The purpose of the paper is to determine a content of the standard of proof “beyond a reasonable doubt” (SP “BRD”) in the ECHRcase law and Ukrainian criminal proceedings by defining the criteria that characterize it. The subject is the SP “BRD”, doctrine of Ukraine and case-law, including its criticism by the individual judges of the ECHR and Ukrainian scholars. The research methodology includes the methods of analysis, the method of synthesis, the methods of deduction and induction, comparative-legal method, systematic and formal-legal methods. The results of the study. The acceptability of the SP “BRD” in the Ukrainian criminal proceedings is substantiated, in particular, its compliance with the purpose of criminal procedural proof. Practical implication. The criteria which characterize the SP “BRD” in the ECHR’s and SC’s case law are highlighted.


Author(s):  
Dinar R. Zaynutdinov

The development of constitutionalism in the anti-Bolshevik state formations during the Civil Period in Russia (1918–1920) is one of the most poorly studied historical and legal issues. In this regard, the purpose of this work is determined to investigate the influence of constitutional doctrines and teachings on the constitutional development of “white” Russia. The main at-tention is paid to the study of anti-Bolshevik legislator positions regarding the question of what the constitution of the future Russia should be – written or unwritten. We analyze the state legal views and scientific works of such lawyers as P.G. Vinogradov, V.A. Maklakov, S.A. Korf, I.A. Ilyin, L.A. Schalland and others. We prove that the representatives of the liberal-democratic and conservative-liberal legal thought played the primary role in solving this issue. The research methodology includes general scientific methods, such as analysis, comparison, methods of logic, etc. Private law methods made it possible to reveal and explain the meaning of state legal doctrines (the method of legal hermeneutics) and to compare the legal categories and institutions that the jurists of the specified period operated with (comparative legal method). In conclusion, we conclude that constitutional doctrines were an important part of the legal path of development of the “white” statehood.


2021 ◽  
Vol 10 (1-2) ◽  
pp. 16-28
Author(s):  
Anatolii S. Dovgert ◽  
Viktor Ya. Kalakura ◽  
Nataliia V. Vasylyna

Abstract The article examines the recodification of the Civil Code of Ukraine as a new stage in the codification of civil law in Ukraine, and identifies the presence and sufficiency of certain factors and prerequisites for starting this process. The purpose of this article is to clarify the presence and sufficiency of certain factors and prerequisites for initiating the process of upgrading the Civil Code of Ukraine. In this research, the authors relied on a dialectical method of cognition and the formal-legal method. A large regulatory framework was used to write this article – international treaties, acts of the EU, the Civil Code of Ukraine and other countries. This article may be useful for scholars who study the theoretical foundations of the codification of law in general and the codification of civil law in particular. Ideas of the article can be used by judges, lawyers and practising lawyers in their activities.


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