scholarly journals Ukrainian Representation In The Galician Regional Seimas: Legal Status And Powers

2020 ◽  
pp. 180-189
Author(s):  
L.T. Prystash
Keyword(s):  
Legal Status ◽  
State Building ◽  
Scientific Article ◽  
Clear Understanding ◽  
Historical Experience ◽  
Educational Rights ◽  
Political Experience ◽  
Political Compromise ◽  
The Right ◽  
Historical Past

The scientific article deals with the processes related to the historical experience of Ukrainians in the activities of the Galician Regional Seimas as an important stage in the struggle for the formation of civil society structures. The author examines the legal status and powers of Ukrainian deputies in the Galician Regional Sejm; characterizes the list of requirements that were set for ambassadors (the name of the position of deputy) in order to be elected; a list of grounds that made the election impossible; rights and responsibilities of deputies and activities in the Seimas, etc. Ukrainian ambassadors to the regional Sejm were representatives of the region’s interests. From the very beginning of their activity they affirmed the national identity of Galicians, fought for their socio-economic, national-political and cultural- educational rights, took an active part in the formation of language-educational and electoral legislation, as well as in the activities of national parliamentary institutions. In general, the National Seimas was interpreted as a field of struggle for national equality and, thus, awakened the national consciousness of broad sections of the population. The creation and activity of the Galician Seimas became an important experience for Ukrainians on the way to forming their own concept of national statehood and an effective place for gaining political experience. Studying and analyzing the facts from the historical past ofUkraine, it is necessary to make a clear understanding of the aspirations of Ukrainians to create their own independent, conciliar, nationally worthy state with all its attributes. It is the events of the late nineteenth - early twentieth century. in Eastern Galicia and the activities of Ukrainian ambassadors in the Galician Regional Sejm were the key moments in confirming the state-building consciousness of the Ukrainian population of the region and the ability to find a political compromise at the right time.

scholarly journals The Right of the Employee to an Invention Created in the Process of Labor Relations. (In Accordance With the Georgian - German Patent Legislation)

2021 ◽  
pp. 152-167
Author(s):  
Miranda Gurgenidze ◽  
◽  
Tamaz Urtmelidze ◽  
Keyword(s):  
Intellectual Property ◽  
Main Part ◽  
Legal Status ◽  
Patent Law ◽  
The Other ◽  
Scientific Article ◽  
German Patent ◽  
National Patent ◽  
The One ◽  
The Right

Creative activity, which ends with the creation of intellectual property objects, are mostly carried out by individuals employed in various private sectors or scientists working in higher education/research institutions. Therefore, the question who is the owner of the intellectual property object (invention), employee/inventor, whose direct participation with and usage of intellectual labor, the object was created by, or the employer, whose material technical base, experience and the other resources were used to create the invention, does not lose relevance. Georgia belongs to the continental, i.e. Romano-Germanic legal system. Modern Georgian intellectual property law has undergone a very interesting path of development since the restoration of independence. It should be noted that Georgia is the first country from the former Soviet republics to establish a national patent agency in 1992 (12,246). In this article, the authors focus on the basic regulations of Georgian and German patent law that regulate the ownership of an invention created by employees. As it is known, in Georgia the issue is resolved by the „Patent Law“, while in Germany, in addition to the patent law, there is an „Employee Inventions Act“. The scientific article consists of an introduction, a main part and a conclusion. The introduction presents the urgency of the legal problem. The main part, on the one hand, discusses the legal status of inventions created by employees, gives the relationship between patent law and labor law on this issue (on the example of Georgian legislation) and, on the other hand, the authors analyze the German ,,Employee Inventions Act“, which we find a detailed arrangement of an issue of interest to us in. The law is structured in such a way that the balance between the interests of the employee and the employer is maximally maintained, the rule of compensation is provided, a distinction is made between service and free inventions, and ways of resolving disputes between the parties are provided. The legal basis for arbitration is in the foreground. There is also a court of law under the jurisdiction of which these disputes are considered.

Non-governmental organizations in Russia and abroad: actual issues of legal status and functioning

10.12737/1930 ◽  
2013 ◽  
Vol 1 (2) ◽  
pp. 87-93
Author(s):  
Владлена Лысенко ◽  
Vladlena Lysenko
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
International System ◽  
Legal Framework ◽  
Scientific Article ◽  
Freedom Of Association ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Definition Of ◽  
The Right

The author has attempted to look at the phenomenon of non-governmental organizations from international and national legal points of view, to investigate the legal nature, place and role of NGOs in contemporary constitutional and international system, to explore and identify various forms and ways of the right for association, to analyze international legal and national sources on the topic, compare them and draw appropriate conclusions. The article analyzes the problems of civil society and human rights in the domestic and international legal dimension. Given the different definitions and approaches to the study of the legal status and activities of non-governmental organizations, this article uses the author’s definition of a public association, which is based on the right of everyone to freedom of association. The paper sets out a number of general theoretical and methodological recommendations to help improve the activities of public associations, the development of the legal framework of their functioning, enhance their prestige and influence among the citizens, a gradual reduction of conflict in society, the achievement of civil, political and legal consensus. Theoretical basis of scientific article are works of Russian and foreign scientists on common issues of law, human rights issues and activities of the legal status of public associations, as well as works on philosophy, sociology, history, political science and international relations.

scholarly journals To the question of the peculiarities of the protection of family rights of persons who are married or other family unions in the practice of the european court of human rights

2021 ◽  
pp. 119-123
Author(s):  
R. Havrik
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Legal Status ◽  
Family Relationship ◽  
Case Law ◽  
Scientific Article ◽  
Same Sex ◽  
European Court ◽  
The Right ◽  
Relationship Of

In the scientific article the author conducted a scientific study of the protection of family rights of persons who are married or other family unions in the case law of the European Court of Human Rights, in particular such family unions as de facto marriage, separation, civil partnership, we come to the following conclusions. This legal status is recognized by the European Court of Human Rights as conferring the right to protection against interference with family life, ie it is a family, similar to how a family arises as a result of a registered marriage. In this case, according to the court, the concept of "family" includes the actual family relationship, when the parties live together outside of marriage. A child born as a result of such a relationship is a member of the family from birth and due to the fact of birth. There is a connection between a child and his or her parents that is equivalent to family life, even if at the time of his or her birth the parents no longer lived together or their relationship has ended. Cohabitation is usually a prerequisite for family life, but in exceptional cases, other factors may indicate that specific relationships are stable enough to be considered as actual family ties. Another type of family union - marriage during the period of separate residence of the spouses, in the case law of the European Court of Human Rights is somewhat weak and usually concerns the possibility to use the procedure of separation, but the court recognizes that the spouses have an inalienable right to initiating such a procedure. Until 2010, the European Court of Human Rights generally showed a rather restrained attitude towards this type of relationship as same-sex, not recognizing them as family, but after 2010, given the rapid liberalization of the prevailing public morality regarding same-sex relations in Europe, the European Court on human rights could not deny that the relationship of such couples is essentially "family life".

It’s Raining in Iraq

Public Voices ◽  
2016 ◽  
Vol 8 (2) ◽  
pp. 77
Author(s):  
Alexander Dawoody
Keyword(s):  
State Building ◽  
Self Determination ◽  
Moral Choices ◽  
The Right

Using the medium of a play, the author of the last piece of the symposium reflects on the issues of personal freedoms, moral choices, the right of a nascent nation to self-determination, national liberty, as well as the mentality of violence and culture of nonviolence. The play spans only three years but lasts for two political eras: one of Saddam Hussein’s tyranny and another – the era of state building, rebirth and hope in a land ravaged by war.

Explaining the Epigraphic Habit in the Roman Empire: The Evidence of Epitaphs

1990 ◽  
Vol 80 ◽  
pp. 74-96 ◽  
Author(s):  
Elizabeth A. Meyer
Keyword(s):  
Roman Empire ◽  
North Africa ◽  
Legal Status ◽  
The Third ◽  
The Right ◽  
Political Economic ◽  
Over Time

It is now notorious that the production of inscriptions in the Roman Empire was not constant over time, but rose over the first and second centuries A.D. and fell in the third. Ramsay MacMullen pointed this out more than five years ago, with conclusions more cautionary than explanatory: ‘history is not being written in the right way’, he said, for historians have deduced Rome's decline from evidence that–since it appears only epigraphically–has merely disappeared for its own reasons, or have sought general explanations of decline in theories political, economic, or even demographic in nature, none of which can, in turn, explain the disappearance of epigraphy itself. Why this epigraphic habit rose and fell MacMullen left open to question, although he did postulate control by a ‘sense of audience’. The purpose of this paper is to propose that this ‘sense of audience’ was not generalized or generic, but depended on a belief in the value of romanization, of which (as noted but not explained by MacMullen's article) the epigraphic habit is also a rough indicator. Epitaphs constitute the bulk of all provincial inscriptions and in form and number are (generally speaking) the consequence of a provincial imitation of characteristically Roman practices, an imitation that depended on the belief that Roman legal status and style were important, and that may indeed have ultimately depended, at least in North Africa, on the acquisition or prior possession of that status. Such status-based motivations for erecting an epitaph help to explain not only the chronological distribution of epitaphs but also the differences in the type and distribution of epitaphs in the western and eastern halves of the empire. They will be used here moreover to suggest an explanation for the epigraphic habit as a whole.

Legal nature of individual proceedings in cases of granting the right to marriage

2021 ◽  
pp. 88-93
Author(s):  
T.M. Balyuk
Keyword(s):  
Family Law ◽  
Adoptive Parent ◽  
Intangible Asset ◽  
Scientific Article ◽  
Adopted Child ◽  
Legitimate Interest ◽  
Civil Proceedings ◽  
Legal Nature ◽  
Specific Material ◽  
The Right

The scientific article is devoted to the study of the legal nature of separate proceedings in cases of granting the right to marry.It is established that a separate proceeding as a type of non-litigious civil proceedings is characterized by: 1) the absence of a dispute about the right, which, at the same time, does not exclude the existence of a dispute about the fact; 2) a special object of judicial protection – a legally protected (legitimate) interest, which is the needs and aspi-rations to use a specific material and (or) intangible asset, which may or may not be mediated by a certain subjective right. Protection of legally protected (legal) interest is carried out by the court by deciding on the presence or absence of legal facts relevant to the protection of rights, freedoms and interests of a person or creating conditions for the exercise of personal non-property or property rights or confirmation of the presence or absence of undisputed rights.It is determined that a separate proceeding in cases of granting the right to marry is a type of non-litigious civil proceedings for consideration of applications for confirmation of the presence or absence of legal facts that are im-portant for creating conditions for a person’s right to marry. It is substantiated that the legal nature of separate proceedings in cases of granting the right to marry is a set of substantive grounds for granting the right to marry and features of the procedural form of consideration by the court of relevant applications that mediate changes in family law. The court, establishing the presence or absence of legal facts, decides to grant a person the right to marry, thereby expanding the family law capacity of such a person due to the ability to exercise the right to marry before reaching marriageable age or marry between the adopter’s adopted child and the adopted child, as well as between children who have been adopted by an adoptive parent.

EXAMINING STATE-BUILDING OF THE SYRIAN REPUBLIC AND THE LEGACY OF ITS COLONIAL PAST

2021 ◽  
pp. 5-20
Author(s):  
Ani MATEVOSYAN
Keyword(s):  
Structural Analysis ◽  
Institutional Development ◽  
State Building ◽  
Essential Elements ◽  
Military Interventions ◽  
Current State ◽  
Building Process ◽  
Political Consolidation ◽  
Historical Past

Abstract: This research tackles essential elements of Syrian state-building processes through a structural analysis incorporating several theories and concepts including but not limited to colonialism, nationalism, military interventions, institutional development, minority rule, and eventually neocolonialism. The article reveals how minority rule and different implications of military interventions shaped today’s Syria, as well as addresses some of the current issues such as the absence of domestic political consolidation. The primary aim of this research is to contextualize the role of France—as a former colonizer, within the state-building process of Syria by examining different phases of Syria’s historical past. An examination of Syria’s political developments proved that having inherited a colonial past, the current state of Syria has also inherited an unavoidable legacy of political instability from its colonial past. Keywords: Syria, Middle East, State-Building, Colonialism, Military Interventions.

Countering Migration Legislation Violations as a Modern Threat to National Security

2021 ◽  
Vol 15 (1) ◽  
pp. 162-170
Author(s):  
IGOR’ YU. SAMOKHVALOV
Keyword(s):  
Legal Status ◽  
Law Enforcement Agencies ◽  
Intelligence Gathering ◽  
Legal Norms ◽  
Functional Activities ◽  
Legal Method ◽  
Current State ◽  
General Scientific ◽  
Labor Resources ◽  
The Right

Introduction: the paper investigates migration situation in the country, reasons and prerequisites for migration-related crime, and identifies features of state prevention of migration offenses. Aim: by analyzing current migration situation, to identify problems in the field of migration-related offenses and how to counteract them at the current stage of society development. Methods: general scientific dialectical method of cognition, comparative legal method, empirical methods of description and interpretation; method of interpretation of legal norms. Results: having analyzed manifestations of migration-related crime we determine its signs, internal content, essence, types, and objectivity of existence; this allows us to put forward ways to counteract the current state of this type of crime. Conclusions: when studying how migration offenses are counteracted, we propose a number of measures that can change the existing crime situation in the migration sphere. Among them: strengthening the registration of migrants when passing the state border; increasing the responsibility of an unscrupulous employer who provides work to migrants in violation of current legislation, obliging unscrupulous employers to cover expenses related to the expulsion of illegally located migrants, strengthening the responsibility of the employer; tightening the sanctions of existing legislation for submission of false documents for registration by migrants and for registration based on false documents; strengthening the functional activities of the Federal Migration Service by granting it the right to perform intelligence-gathering activities and interaction with operative units of law enforcement agencies engaged in such activities; determining the priority of external and operative services to identify the facts of illegal stay of migrants in the territory of the metropolis; establishment of a single codified act – the migration code, regulating legal relations arising in the migration sphere. Keywords: migration-related crime; labor migration; uncontrolled migration of labor resources; legal status; victimization; migration diasporas.

EFFECTIVE STEPS ON THE WAY TO MODERNIZATION OF CIVIL SERVICE IN THE SYSTEM OF JUDICIARY BODIES: INTRODUCTION OF ELEMENTS OF GAME THEORY

2018 ◽  
Author(s):  
Olena Hladunova ◽  
Keyword(s):  
Game Theory ◽  
Justice System ◽  
Civil Service ◽  
Civil Servants ◽  
International Standards ◽  
Scientific Article ◽  
Basic Principles ◽  
Conflict Situations ◽  
Definition Of ◽  
The Right

In this scientific article the main elements of game theory are analyzed, the achievements of domestic and foreign scientists devoted to the consideration of such theory are investigated. The expediency of involving in the practical activity of the civil service in the system of judicial authorities effective methods used in the field of business and consisting in the use of game technologies, which have proven their effectiveness in terms of providing quality services. It is focused on the fact that game theory can play a key role in the decision-making process, however, it is important to strictly adhere to the limits of its application. Possible conflict situations in the work of civil servants of the justice system are formulated and it is investigated that in conflict conditions each so-called participant of the game makes his course, i.e. chooses his strategy, as a result of which the relevant conflict situation is outlined and a set of strategies of all players. Some examples of the use of elements of game theory are given and the content of certain types of strategies is revealed. In particular, a strategy is described, which is denoted by the term "screening". Taking into account the definition of ways to modernize the civil service, the need to include in standardized training programs for civil servants of the justice system category "B" training course, which will include the basic principles of game theory for their active use in conflict, skills to compromise in relationships with visitors to the court - recipients of court services, selection of the right strategy, consideration of theoretical and game modeling of personnel management tasks, focusing on the ability to obtain and timely provide the necessary information to create a new civil service in the judiciary that meets international standards.

ECONOMIC AND LEGAL STATUS OF THE CONSULTING ENGINEER IN UKRAINE: REGULATORY PROBLEMS

2017 ◽  
Author(s):  
Alla Brovdii ◽  
Keyword(s):  
Economic Activity ◽  
Legal Status ◽  
Road Construction ◽  
Legal Aspects ◽  
Legal Form ◽  
Employment Contracts ◽  
Economic Relations ◽  
Definition Of ◽  
The Right

Some aspects of the economic and legal status of a consulting engineer are analyzed, taking into account the specifics of national legislation. Some problems of the legal status of the consulting engineer and the forms of his economic activity are revealed. The introduction of such an entity as a consulting engineer in the modern conditions of construction development is of particular importance due to the need to improve the quality of construction work, the development of competition in this area and the need to change approaches to economic activity in this area. It is established that the concept of consulting engineer is defined in some special regulations, in particular, regulating activities in the field of road construction, but the economic and legal aspects of his business remain unresolved. This significantly affects the effectiveness of the introduction of the institute of consulting engineers in the field of management. The problem of lack of clear definition of the form of conducting economic activity by the specified participant of economic relations is revealed. The necessity of adopting a special normative legal act, namely the Law of Ukraine "On the activities of consulting engineers", in which to regulate general issues of their legal status, features of the organization of its activities, responsibilities, etc is proved. The author's definition of the concept of consulting engineer is proposed, taking into account the need to establish the organizational and legal form of his business, which will ensure proper regulation of relations between him and other participants in construction relations, including contractors and customers. The solution of some problems of the economic and legal status of the consulting engineer under the legislation of Ukraine is offered. The expediency of conducting the activity of a consulting engineer as a self-employed person, or carrying out its activity by creating a legal entity (association of consulting engineers) is substantiated. In addition, in our opinion, an entity that carries out engineering activities and has concluded employment contracts with duly accredited consulting engineers has the right to provide the services of a consulting engineer.

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