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 Problems and opportunities for effective regulation of labor migration in the Republic of Uzbekistan

POPULATION ◽  
2021 ◽  
Vol 24 (4) ◽  
pp. 161-174
Author(s):  
Shukhrat Isakulov
Keyword(s):  
Labor Migration ◽  
High Growth ◽  
Legal Regulation ◽  
Foreign Countries ◽  
Gender And Age ◽  
Natural Movement ◽  
The Russian Federation ◽  
The Republic ◽  
The Government ◽  
Labor Resources

Demographic trends in Uzbekistan have a specific character associated with the active natural growth of the country's population (in the past 50 years, the country's population has increased by 2.86 times and amounted to 35 million people). In the early 1990s, there was an outflow of people to their historical homeland, the migration balance is still having a negative character. The article analyzes the gender and age composition of the population, changes in the dynamics of indicators of the natural movement of the population, in which the fertility rate decreases, life expectancy increases (73.4 years). The high proportion of young people (up to 60% in the population structure) and the annual high growth of labor resources (about 500 thousand people) creates a burden on the internal labor market. There is a significant flow of labor migration to foreign countries, in which the Russian Federation occupies a leading place. The article analyses of the current reforms in the field of regulation of labor migration, which have been significantly developed under the new government of the country (since 2016), including the establishment of organized forms of labor migration. There are highlighted the present main targets of the Government of Uzbekistan, to create conditions and mechanisms that contribute to ensuring managed and regulated migration flows, legitimate rights and interests of citizens of the country. The author analyzes the trends in the normative and legal regulation of the sphere of labor migration, the relevance of the development of a new draft "Law on External Labor Migration" aimed at improving the efficiency of state bodies in solving complex migration issues. There is shown the institutional reform of the Agency for External Labor Migration in the field of migration management. It is proposed to develop a Concept and Strategy of state policy in the field of labor migration, as basic documents relating migration for the future. There are proposed directions of reforms in the migration sphere, establishment of organized forms of labor migration, expansion of international cooperation, powers of various departments of the country, improvement of the system for collecting statistics and data analysis, and conducting scientific research in the migration sphere.

scholarly journals The Legal Regulation of Neighbourly Water use in Ukraine: Development Prospects

2018 ◽  
Vol 5 (2) ◽  
pp. 130-136
Author(s):  
Ihor Muronenko
Keyword(s):  
Water Resources ◽  
Water Use ◽  
Legal Regulation ◽  
Public Law ◽  
Legal Documents ◽  
Grand Duchy Of Lithuania ◽  
Development Prospects ◽  
Grand Duchy ◽  
Land Code

The article is devoted to some questions of the legal adjusting of neighbourliness relations. Neighbourly water use should be defined as the use of water resources aimed at meeting the needs of owners or tenants of neighbouring land parcels. The regulation of neighbourly water use has historically been an inseparable part of neighbour law. Regulations of this kind were contained in many historically significant Ukrainian legal documents, including “The Statutes of the Grand Duchy of Lithuania”. 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. The findings of the study has made it possible to formulate the proposals aimed at improving the current legislation on this issue.

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 THE PARTICULARITIES OF WATER USE IN THE CENTRAL REGION OF THE REPUBLIC OF MOLDOVA

2020 ◽  
Vol 14 (1) ◽  
Author(s):  
Daniela Burduja ◽  
Petru Bacal ◽  
Veronica Railean
Keyword(s):  
Water Resources ◽  
Water Use ◽  
Water Consumption ◽  
Central Region ◽  
Agricultural Activities ◽  
Republic Of Moldova ◽  
The Republic ◽  
Groundwater Reserves

The purpose of this study is assessment of water use in the Central Region of the Republic of Moldova. The main topics presented in this paper are: 1) assessment of water resources in the Central Region of the Republic of Moldova; 2) tendencies of water consumption on the abstracted sources and on the main usage categories; 3) spatial and branch analysis of water use; 5) the main problems of water use and protection in the region of study. In the region of study are concentrated about 2/3 of groundwater reserves of Republic of Moldova. From surface sources is abstracted ≈3/4 of total volume of water used and over 60% of water is used by households. Outside of Chisinau, over 70% of the water is abstracted from underground sources and is used for various agricultural needs. In the 2007-2017 years, the volume of water use registers a significant decrease which is conditioned, mainly, by decreasing of water abstracted from surface sources and used for agricultural activities, especially for irrigation.

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.

scholarly journals THE IMPLEMENTATION OF THE ADVERSARIAL PRINCIPLE AT THE PRE-TRIAL STAGES OF CRIMINAL PROCEEDINGS IN THE RUSSIAN FEDERATION AND IN FOREIGN COUNTRIES

2020 ◽  
Vol 16 (3) ◽  
pp. 108-119
Author(s):  
Ирина Попова ◽  
Анастасия Иванова
Keyword(s):  
Practical Interest ◽  
Legal Regulation ◽  
Regulation Mechanism ◽  
Criminal Proceedings ◽  
Scientific Methods ◽  
Foreign Countries ◽  
The Social ◽  
Criminal Procedure Law ◽  
Legitimate Interests ◽  
General Scientific

To achieve the purpose of criminal proceedings, law enforcers must have an arsenal of procedural tools in order to ensure the operation of the legal regulation mechanism. The system of principles of criminal proceedings, serving as the basis for the effective operation of the norms of criminal procedure law, includes the adversarial principle. The implementation of this principle has a number of features in pre-trial proceedings. In this aspect, a comparative study of the adversarial principle in national criminal proceedings and in foreign criminal proceedings is of both scientific and practical interest. Purpose: analysis of the adversarial principle at the pre-trial stages in national and foreign criminal proceedings, as an element of the legal regulation mechanism. Methods: dialectic methods as a general scientific method of cognition, as well as specific scientific methods: interpretation method, comparative legal, technical legal, formal logical in their various combinations. Results: the study reveals that the adversarial principle operates in various types of criminal process in the mechanism of legal regulation of Russia and foreign countries. To achieve the social purpose of criminal proceedings, which provides for the protection of rights and legitimate interests, the adversarial principle must be implemented, including at the pre-trial stages of criminal proceedings.

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

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