scholarly journals The Institute Decision Of Land Disputes In The System Of The Land Law

2019 ◽  
pp. 99-110
Author(s):  
Z.V. Yaremak
Keyword(s):  
Environmental Law ◽  
Land Rights ◽  
Legal Regulation ◽  
Practical Implementation ◽  
Public Authorities ◽  
Systematic Analysis ◽  
Land Disputes ◽  
Protection Of Human Rights ◽  
The One ◽  
Land Code

The article deals with the theoretical and legal research of the Institute of Land Disputes as a separate type of land legal relations. The modern scientific concepts of understanding the legal nature of the settlement of land disputes in the science of land and environmental law are analyzed. It is concluded that the legislative consolidation of the settlement of land disputes as a guarantee of land rights determines the peculiarities of determining the content of this legal category as a type of land legal relations, regulated by the rules of land legislation. On the one hand, as a guarantee for the protection of human rights, the resolution of a land dispute is viewed through the prism of its effectiveness, which is ensured (implemented) with the help of public authorities within the powers defined by law to make a decision that will restore the violated, unrecognized or contested right. On the other hand, the settlement of land disputes is seen as a kind of land management relations of procedural content. On the basis of a systematic analysis of the provisions of the Land Code of Ukraine, it is concluded that Section V of the Land Code of Ukraine contains only legal guarantees for the protection of land rights, not guarantees for land rights, and leaves out the guarantees of realization and protection of land rights, which are defined outside this section. The urgent issue remains the effectiveness of resolving land disputes and strengthening its importance as a guarantee for the protection of land rights. This raises practical problems of differentiation of competence, efficiency of procedures of consideration of cases and execution of decisions in land disputes. The lack of quality legal regulation causes the settlement of land disputes as a guarantee for the protection of land rights not receiving proper practical implementation and to some extent being declarative.

scholarly journals The Right to Privacy and Private Detective Activities in Lithuania

2012 ◽  
Vol 5 (2) ◽  
pp. 1-26
Author(s):  
Mindaugas Bilius
Keyword(s):  
Personal Data ◽  
Legal Regulation ◽  
Private Life ◽  
Right To Privacy ◽  
Public Authorities ◽  
The Right To Privacy ◽  
Private Detective ◽  
Protection Of Human Rights ◽  
The Republic ◽  
The Right

ABSTRACT Private detectives have been providing their services in Lithuania for about a decade; however, only now has the Seimas of the Republic of Lithuania started to discuss whether it is expedient and necessary to regulate the activities of private detectives by means of a separate law. One of the goals of a separate legal regulation of private detective activities is the protection of human rights, particularly the right to privacy. This article examines the provisions of national and international legislative acts related to the private life of a person, and assesses the opportunities of a private detective to provide private detective services without prejudice to the provisions of applicable legislative acts. The article concludes that a private detective is not an authorized (public) authority and there is no possibility to assess in each case whether the interests of a person using the services of private detectives are more important than those of other persons, which would allow for violating their rights to private life. The limits of an individual’s right to privacy can only be narrowed by a particular person, giving consent to making public the details of his/her private life. It is the only opportunity for a private detective to gather information related to the private life of a citizen. Currently applicable legislative acts in Lithuania do not provide for opportunities for private subjects to collect personal data without that person’s consent. This right is granted only to public authorities and with the court’s permission

scholarly journals The genesis of the legal regulation of the sale of land plots and rights to them on a competitive basis

2020 ◽  
pp. 264-269
Author(s):  
Diana Kolomiitseva
Keyword(s):  
Experimental Period ◽  
Legal Framework ◽  
Legal Regulation ◽  
Second Stage ◽  
The Third ◽  
Time Period ◽  
Legal Risks ◽  
Third Stage ◽  
The One ◽  
Land Code

The author identifies six main stages and outlines the peculiarities of legal regulation of the sale of land plots and rights to them on a competitive basis at each stage. The first stage was from 18 December 1990 to 28 June 1996; the second stage took place from 28 June 1996 to 1 January 2008, covering the period of adoption of the effective Land Code of Ukraine dated 25 October 2001; the third stage lasted from 28 December 2007 to 5 July 2012; the fourth stage was the stage of the development of competitive acquisition of rights to land plots covering the time period from 5 July 2012 to 21 June 2017; the fifth stage covered the experimental period from 21 June 2017 to 1 October 2019; the sixth stage has been going on since 1 October 2019. This periodization enables, firstly, to create a systematic view of the development of legal regulation of the competitive principles of acquiring rights to land plots under the land legislation of Ukraine; and secondly, to assess the legal risks of acquiring rights to land plots having been acquired in a period of time corresponding to the stage of legal regulation. The conducted analysis of the genesis of legal regulation of the sale of land plots and rights to them on a competitive basis indicates that in the circumstances of lack of legal framework for land auctions, the process of disposal of land plots and rights to them on a competitive basis have not been stopped. Each of the identified stages of legal regulation, except for the fourth one and the last one, has some contradictions in the source base bearing some legal risks for the contracts of sale of land plots on a competitive basis concluded at these stages. Like the Presidential Decrees at the first stage and the Regulation of the Cabinet of Ministers of Ukraine at the fifth stage, the decisions of local councils at the second and third stages were a means of and an attempt to accelerate the necessary changes in the land legislation. On the one hand, these regulatory acts are contrary to the provisions of the Land Code of Ukraine, and on the other hand, they are administrative acts that have been in force for a certain period of time and have not been repealed or deemed to be unconstitutional. Therefore, in making the legal evaluation of the agreements concluded on a competitive basis, they should be assessed taking into account the abovementioned factors.

scholarly journals Legal Regulation of Territorial Defense of Ukraine and the Place of Administrative Legislation in it

2020 ◽  
Vol 8 (2) ◽  
pp. 231-242
Author(s):  
Anatolii Anatoliiovych Rusetskyi ◽  
Serhii Mykolaiovych Lelet ◽  
Vladyslav Oleksiiovych Dopilka ◽  
Nelli Yuriivna Tsybulnyk
Keyword(s):  
Legal Regulation ◽  
Defense Policy ◽  
Practical Implementation ◽  
Territorial Defense ◽  
Legal Analysis ◽  
Public Authorities ◽  
Daily Lives ◽  
Professional Activities ◽  
Legislative Support ◽  
Legislative Changes

The purpose of this article is to study the specifics and characteristics of administrative and legal regulation of the territorial defense system of Ukraine, as well as to find the optimal model of legislative changes in the field. While writing the article the following methods were used: dialectical, logical-semantic, comparative-legal, analysis and synthesis. The issues of administrative and legal regulation of territorial defense of Ukraine, as well as the peculiarities of its legislative support are considered in the article. The author's definition of the concepts "territorial defense of Ukraine" and "administrative and legal regulation" is formed and provided with the help of the analysis of scientific views. In accordance with the subject of the article, the characteristics of the practical implementation of defense policy by special public authorities, as well as the implementation of measures of administrative and legal regulation in relation to the implementation of defense measures are defined. Proposals to improve certain procedures for the introduction and implementation of professional activities of defense policy entities and control over it are provided, as well as the importance of effective administrative and legal support of their daily lives in the course of their duties is stressed. It is proposed to amend the relevant legislation in order to improve the quality of effective activities of domestic defense structures, improve the system of motivational and incentive methods that can be used to defend the Ukrainian border and domestic administrative-territorial units.Key words: administrative and legal regulation, territorial defense, legislative support, state bodies, combat units, norms of law, international cooperation.

scholarly journals Legal regulation of certain types of social leave in Ukraine and the EU

2020 ◽  
pp. 430-433
Author(s):  
Valeriia Petrova
Keyword(s):  
European Union ◽  
Parental Leave ◽  
Legal Regulation ◽  
Practical Implementation ◽  
The European Union ◽  
Labor Laws ◽  
Paternity Leave ◽  
Labor Legislation ◽  
Father's Rights ◽  
The One

Legal regulation of certain types of social leave in Ukraine and the EU:this article highlights the basic standards followed and fully supported by the European Union and Ukraine as regards the provision of both maternity and paternity leave, as well as parental leave as a whole notion with its particularities. Moreover, it discloses and explains the important difference between these two notions and provides appropriate European and Ukrainian rules of law. It also contains comparison of the effective laws in labor sphere in Ukraine and existing draft legislation which is currently under consideration in this field by the authorized representatives. The article also considers the most prioritized areas for further amending Ukrainian labor laws and rules to be approved for the support and implementation of these specific laws in this field related to these issues. On a separate note, it gives the bright examples of the relevant experience lived through the European Union member states regarding the term of such leave and ensuring the father’s right to take parental leave alongside the one existing and exercising by mothers. It proves that nowadays the European Union elaborates approaches to work on ensuring a proper balance between responsibilities of people as family members and their career. Based on this, it provides for a gender equality and an equal enjoyment of both mother’s and father’s rights. From what we can currently see in Ukraine, unfortunately, our country nowadays is far from practical implementation of these ideas. However, it should be emphasized that after all our legislation has already stipulated some provisions allowing the fathers to take parental leave (so called paternity leave, as already mentioned). The article also has some considerations concerning other labor guarantees for pregnant women. The presented study allows us to identify areas for improving and facilitating the Ukrainian labor legislation in the nearest future and highlights the best European practices which are definitely useful and helpful in the elaborating and developing a new draft Ukrainian Law "On Labor" to be shortly considered by the parliament.

scholarly journals ISSUES OF THE EXECUTION OF JUDGEMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS IN UKRAINE AND THEIR POSSIBLE SOLUTIONS

2020 ◽  
Vol 33 (20) ◽  
pp. 23-29
Author(s):  
R. O. Nepyipa
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
The State ◽  
State Budget ◽  
Public Authorities ◽  
Special Procedure ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Right

The article analyzes the problems of implementation of the decisions of the European Court of Human Rights by Ukraine. In this context, too, the key problems and peculiarities of the current state of implementation of Ukraine’s judgments of the European Court of Human Rights are highlighted. It is emphasized that the enforcement of judgments by Ukraine is an important guarantee of ensuring the right to a fair trial. However, the lack of proper enforcement is recognized by the European Court of Human Rights as a violation of the Convention for the Protection of Human Rights and Fundamental Freedoms. It is emphasized that the problematic issue in the implementation of ECHR decisions is that the state executor, as a representative of the public authority, receives a salary from the State Budget of Ukraine, but is obliged, according to executive documents, to act against his state. Thanks to the planned reform of the State Bailiffs’ Service of Ukraine, it is envisaged to create a private system of enforcement of court decisions, since a non-governmental institution would not be more effective in this case. The problem of determining the location of the collector by the ECtHR is considered. It is suggested that in order to find out the location (location) of the collector, in accordance with the ECtHR decision, a special procedure should be provided, a list of necessary actions to be taken by a state body. In particular, such actions may be sending requests to the last known place of work. It is emphasized that legal and political risks for Ukraine are that the violating state may be subject to various sanctions, such as deprivation of voting rights or suspension of membership, up to and including exclusion from the Council of Europe. It is proved that the source of inefficient work of the executive service should be sought, first of all, in imperfect legal regulation, numerous legislative restrictions, and insufficient state costs for the implementation of ECtHR decisions. The experience of Germany on the practice of implementing ECtHR decisions is considered and it is proposed to borrow the experience of foreign countries in the current situation. It is noted that an important step of Ukraine towards European statehood is to increase the level of national protection of citizens and to adopt a law that provides for the accountability of public authorities and their officials for inaction in the implementation of ECtHR decisions. Keywords: European Court of Human Rights, Convention for the Protection of Human Rights and Fundamental Freedoms, judgment, enforcement, general measures.

scholarly journals ENTITLEMENT TO USE OF SUBJECTS OF GENERAL LAND RIGHTS GRANTED FOR THE CONSTRUCTION AND MAINTENANCE OF RESIDENTIAL BUILDINGS: SOME PROBLEMS OF REALIZATION

2021 ◽  
pp. 118-122
Author(s):  
G. Krasutski
Keyword(s):  
Public Relations ◽  
Residential Buildings ◽  
Common Law ◽  
Land Rights ◽  
Legal Regulation ◽  
Practical Applications ◽  
Land Disputes ◽  
The Right

The right to use land is integral to ensuring its efficient use. The consistency, complexity and stability of legal regulation of the relevant public relations are designed to ensure the protection of the rights of land users. The article analyzes the scientific approaches, legislation and its practical applications on certain problematic issues of the implementation of the right to use land plots under common law. The author made proposals that can be used to improve legislation on the protection and use of land. Appropriate changes and additions will help to reduce the total number of land disputes, their prompt and reasonable resolution, as well as protect the rights of land users in the exercise of their rights to use land on common law, including from encroachments by other participants in this right.

scholarly journals On the Connection between Legal Understanding and Politics and Economics

Lex Russica ◽  
2021 ◽  
pp. 80-88
Author(s):  
A. R. Gilmullin
Keyword(s):  
Public Relations ◽  
Natural Law ◽  
Legal Regulation ◽  
Point Of View ◽  
Driving Mechanism ◽  
Public Authorities ◽  
Political Activities ◽  
The Status ◽  
The One ◽  
Legal Understanding

The paper is devoted to the fundamental issues of modern legal regulation, in particular, its grounds and limits. The author substantiates the position according to which the absence of certain essential imperatives of law that help direct and restrict the functioning of public authorities and other subjects, complicates the activities of the latter, concedes its inconsistency and spontaneity, creates conditions for the perception of law as a kind of "designer" of economic, political and other relations. According to the author, the lack of unified conceptual criteria in determining the essence of law leads to an imbalance in public relations, to their turbulence at all levels (national, international, etc.) and as a result has a detrimental effect on the life and security of a person, society and the state.The author notes that at the present stage of civilization development, it is the economy with its interests and principles that acts as the "nerve", as the main driving mechanism in recognizing the status of the subject state. From the author’s point of view, economic interests and relations today form the world agenda, set the tone for political and legal relations, and often directly correct the value bases of other social regulators.The author summarizes that in general, the current situation in the international legal space, associated with the lack of a generally recognized doctrine of legal understanding alongside the variability and inconsistency of views in the field of human rights and freedoms based on the natural law approach, allows some subjects to arbitrarily interpret and impose certain decisions and positions in the course of their political activities, based on their own resources and potential. This supports law usurpation, making it an instrument of manipulation and blackmail in the field of politics, economics, culture, ecology, etc. in order to create the most profitable conditions and obtaining the expected results.Thus, the natural law approach, on the one hand, needs to be rethought, transformed, on the other hand, it needs to be refined or analyzed in detail when building an original concept of legal understanding.

scholarly journals The concept, principles and functions of the legal technique of environmental legislation

Legal Ukraine ◽  
2019 ◽  
pp. 36-48
Author(s):  
Alexander Patlachuk
Keyword(s):  
Environmental Protection ◽  
Public Administration ◽  
Environmental Law ◽  
Social Institution ◽  
Legal Regulation ◽  
Internal Communication ◽  
Legislative Process ◽  
Environmental Legislation ◽  
Public Authorities ◽  
Natural Objects

The article deals with the content of the concept, of principles and functions of legal technique of environmental legislation. These principles are related to the processes of development of legal technique and environmental law, reflected the value of natural objects and provided a mode of their effective use. A study of such main categories of legal technique of environmental legislation is undertaken: a 1) concept; 2) principles; 3) functions. Summarizing the system of different approaches, it is formulated the term of legal technique of environmental legislation, which is a dynamic phenomenon that reflects the functioning of law, environmental legislation, taking into account the features of protection of use and reproduction of natural objects and includes a system of means of preparation and adoption of regulatory and legal acts aimed at preserving the environment. This definition makes it possible to streamline legislation on the use of nature conservation and reproduction and to limit human impact on the status of such objects. Among the principles of legal technique were: 1) humanism; 2) complexity; 3) science; 4) systematicity; 5) stability; 6) public administration. The principle of humanism is based on the ideas of a careful, caring attitude towards natural resources, which is reflected in the legal technique of draft legal acts. The principle of a comprehensive approach of legal technique of environmental legislation is connected with the necessity to take into account the difficult character of the legal regulation in this area. The principle of scientificity is connected with the necessity of observing the rules of legal technique, which is used in the preparation of environmental regulations. The principle of systematic characterized the orientation of the legal act, the preservation of internal communication and interdependence of all its parts and the logical sequence of placement of material. The principle of stability is due to the fact that the development of the environmental protection field was through the adoption of regulations aimed at the protection of the most important natural objects. The principle of public administration finds its realization when considering the legal technique of normative legal acts adopted by public authorities and local self-government. With the help of the functions of legal technique, tasks that are put before the law as a social institution are carried out and given that environmental norms are adopted by state bodies, some functions overlap with the functions of the state. The functions of the legal technique of environmental legislation are aimed at implementing the legislative process in this field, ensuring the legal nature of the legislation, promoting full and accurate reflection, clarity and accessibility of the content of acts. The following features of the legal technique of environmental legislation are highlighted: 1) axiological; 2) prognostic; 3) regulatory; 3) security, 4) information; 5) theoretical and methodological. Consideration of monitoring, preparation of cadasters, environmental expertise, normalization, state and public control in the field of environmental protection deserves special attention in the consideration of the functions of legal technology of environmental legislation. Theoretical and methodological function of legal technique allows to improve the process of preparation of regulatory acts to avoid inaccuracies, contradictions and conflicts in their content. Key words: legal technique, regulatory legal act, environmental legislation, public administration, principles of law, public authorities, functions.

scholarly journals Local Government and Prosecutor’s Office: Problems of Legislative Regulation

2019 ◽  
Vol 6 (1) ◽  
pp. 172-177
Author(s):  
Alexander Anatol'evich Uvarov
Keyword(s):  
Law Enforcement ◽  
Local Governments ◽  
Legal Regulation ◽  
Local Authorities ◽  
The Rule Of Law ◽  
Joint Activities ◽  
Protection Of Human Rights ◽  
The One ◽  
Legal Mechanism ◽  
Law Making

On the basis of the analysis of legislation and juridical practice the article deals with the issues of optimization of the legal basis of interaction between local authorities and the prosecutor’s office. The purpose of this study is to solve the problems of legal regulation in the field of: implementation of prosecutorial supervision of law-making and other activities of local governments, cooperation of prosecutors and local authorities, assistance and assistance of prosecutors to local governments. The author examines the constitutional principles governing the activities of bodies of curator and local governments, their combination in areas of joint activity. At the same time it is concluded that the implementation of these principles is aimed, on the one hand, at the solution of state tasks to strengthen the rule of law, protection of human rights and freedoms and, on the other, - to expand the freedom and independence of local self-government. The article describes and classifies the forms of interaction between the prosecutor’s office and local authorities. Using the methods of scientific research (systematic, comparative legal, modeling, formal legal, etc.), the author comes to the conclusions about the insufficiency of the existing legal mechanism to optimize their joint activities on the issues of law-making and law enforcement, the need to supplement the current legislation with local forms of interaction initiated on the ground. The practical purpose of these and other conclusions is that they can be used in the preparation of relevant changes and additions to the federal legislation, as well as for educational purposes and practical work of the prosecutor’s office and local authorities.

Constitutional Legal Relations and State Legal Relations: Peculiarities of the Methods of Implementation

Lex Russica ◽  
2019 ◽  
pp. 63-70 ◽  
Author(s):  
E. V. Lungu
Keyword(s):  
Human Rights ◽  
Self Regulation ◽  
Legal Regulation ◽  
Public Authority ◽  
Public Authorities ◽  
Public Interests ◽  
State Recognition ◽  
Legislative Delegation ◽  
Protection Of Human Rights ◽  
Delegation Of Powers

The article investigates constitutional legal relations and state legal relations as legal relations united by the common subject of legal regulation and different in purposes and methods of legal regulation. Constitutional legal relations are considered as relations aimed at building the rule of law state, recognition, observance and protection of human rights and freedoms. State-legal relations are aimed primarily at the implementation of public interests. The author concludes that the result of formation of legal relations is significantly influenced by the applied methods of legal regulation. Constitutional legal relations are formed on the basis of the application of such methods as: 1) restriction of interference of public authorities in regulation of human rights and freedoms; 2) self-regulation on issues of own competence of constituent entities of the Russian Federation and bodies of local self-government; 3) the contractual method of regulation on matters falling within the joint competence; 4) delegation of exclusive powers to the lower level of public authority. State-legal relations differ due to the application of the following methods: 1) detailed regulation and restriction of human rights and freedoms in order to realize public interests; 2) legislative delegation of powers on issues of joint jurisdiction; 3) redistribution of powers in favor of the higher level of public authority.The development of constitutional and state-legal relations in modern legal reality is possible only in the context of competition of applied methods of legal regulation. The constitutional norm enforced mainly by state-legal methods is implemented in state-legal relations and excludes the construction of constitutional legal relations. The prevalence of state-legal methods can lead to the construction of pseudo-parallel constitutional legal relations, i.e. legal relations that do not affect the existing legal reality. On the contrary, the preferential application of constitutional and legal methods can be considered as a guarantee of impossibility of abuse of state legal methods in the process of enforcement of public interests.

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