scholarly journals The Compensation of Pecuniary Damages in Wrongful Birth Cases

Teisė ◽  
2020 ◽  
Vol 115 ◽  
pp. 86-104
Author(s):  
Monika Morkūnaitė
Keyword(s):  
Case Law ◽  
Legal Regulation ◽  
Maintenance Cost ◽  
Legal Doctrine ◽  
Foreign Countries ◽  
Wrongful Birth

This article examines the possibilities to recognise the compensation of the child’s maintenance cost in the wrongful birth cases. Both the foreign legal doctrine and case-law of foreign countries reveal different approaches to the possibility to allow such compensation. In such a context, taking into account the legal regulation, the perspectives of solution of this question in Lithuania are analysed.

scholarly journals The Relationship Between Initial Tender and Mini-Competition: EU and Lithuanian Perspectives on Framework Agreements

Teisė ◽  
2021 ◽  
Vol 121 ◽  
pp. 45-61
Author(s):  
Marta Andhov ◽  
Deividas Soloveičik
Keyword(s):  
Public Procurement ◽  
Case Law ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Doctrine ◽  
Related Case ◽  
Framework Agreement ◽  
The Public ◽  
Two Stages ◽  
The Relationship

The article conducts a comprehensive scholarly analysis of framework agreements – a public procurement technique often used across different European jurisdictions. Besides examining the general legal framework of the EU and Lithuanian law on framework agreements, the article also examines the newest EU case law. The authors analyse the relationship between the initial tender procedure establishing the framework agreement and the subsequent mini-competition that follows under the former to award the public contract. In contrast to the Lithuanian legal regulation and related case law, the authors argue that these two stages are interconnected and must be viewed as a unified part of the same procurement process in line with European legal doctrine. Finally, the article highlights the differences between framework agreements and public contracts.

scholarly journals FEATURES OF LEGAL REGULATION OF COUNTERACTION TO BULLYING AND ITS IMPLEMENTATION IN UKRAINE

2019 ◽  
pp. 118-123
Author(s):  
M.V. Starynskyi ◽  
O.P. Sokolenko
Keyword(s):  
Inclusive Education ◽  
Case Law ◽  
Legal Regulation ◽  
Causal Link ◽  
Educational Process ◽  
European Court ◽  
Foreign Countries ◽  
Foreign Law ◽  
Objective Side ◽  
Keywords Education

The article investigates legal regulation of counteraction to bullying and its implementation during inclusive education and draws attention to the problems in its implementation. The authors investigated such phenomenon as “bullying”, its manifestations in general and in the process of realization during inclusive education. The authors, based on case law analysis, have identified and analyzed the corpus of the offenses that may qualify as bullying. It has been proven that actions that are biased or biased against individual members of society by people with disabilities in the learning process should be qualified as bullying. At the same time, the legal corpus of these offenses should include: the object (health, will, honor, and dignity of the person); the objective side, which may be manifested in 1) acts or omissions regarding the energetic (physical) or informational (mental) influence on the victim (victim); 2) in the consequences of severe physical or moral suffering; 3) in the causal link between the said actions (inaction) and the consequences. The subject of bullying is a participant in the educational process, and the subjective side is characterized by direct intent (actions taken to inflict physical and moral suffering on a person, to discredit, humiliate the honor and dignity of a person, to compel actions contrary to his will, to receive some recognition). The authors of the article pay considerable attention to the characteristics of the current legislation of Ukraine, which regulates the issue of counteracting bullying. The authors also pay considerable attention to the study of foreign law and the case-law of the European Court of Human Rights, which reveals the peculiarities of the mechanisms of counteracting bullying in the field of education in foreign countries. Based on their analysis, recommendations are made to improve the legal regulation of bullying. in Ukraine, in particular in the implementation of inclusive education. Keywords: education, bullying, inclusive education, legal regulation of bullying, people with special needs.

scholarly journals Sanctions in Sport: The Relationship Between Legal and Local Regulation (Sanciones en el deporte La relación entre la regulación legal y local )

Retos ◽  
2021 ◽  
Vol 42 ◽  
pp. 662-672
Author(s):  
Inna Bolokan ◽  
Georgiy Samoylenko ◽  
Maxym Tkalych ◽  
Bogdan Panchenko ◽  
Volodymyr Dmytriv
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
The State ◽  
Sports Law ◽  
Legal Doctrine ◽  
Scientific Methods ◽  
Foreign Countries ◽  
General Scientific ◽  
State Of Research

  Sports law is a relatively new phenomenon for jurisprudence in Ukraine. At present, there is no developed theoretical basis for responsibility in the field of sports in the domestic legal science. This publication is a study of world and national experience in solving this problem and is intended to be a source of further research in the field of sports law. The purpose of the study is to analyze the state of legal regulation of liability in the field of sports. The object of the study is the social relations that have developed in the field of sports law. The subject of the study is the public relations that have developed in the field of sports law in relation to legal and sports-competitive liability. Philosophical, general scientific and special scientific methods such as dialectical, system-structural, comparative-legal, and formal-legal methods acted as research methods. As a result of the work, the general features of legal regulation of sports sanctions in foreign countries were established, the terminology and conceptual schemes fundamental for legal doctrine were analyzed, the description of the state of research of the problem in the scientific environment is given, the national situation on responsibility in the field of sports is analyzed, typical examples of court cases in the researched aspect are specified, and also recommendations on improvement of the legal base are given.  Resumen: El derecho deportivo es un fenómeno relativamente nuevo para la jurisprudencia en Ucrania. En la actualidad, no existe una base teórica desarrollada para la responsabilidad en el campo del deporte en la ciencia jurídica nacional. Esta publicación es un estudio de la experiencia nacional y mundial en la solución de este problema y pretende ser una fuente de investigación adicional en el campo del derecho deportivo. El objetivo del estudio es analizar el estado de la regulación legal de la responsabilidad en el ámbito del deporte. El objeto del estudio son las relaciones sociales que se han desarrollado en el ámbito del derecho deportivo. El tema del estudio son las relaciones públicas que se han desarrollado en el ámbito del derecho deportivo en relación a la responsabilidad jurídica y competitiva deportiva. Actuaron como métodos de investigación métodos filosóficos, científicos generales y científicos especiales tales como métodos dialécticos, sistémicos-estructurales, comparativos-legales, formales-legales. Como resultado del trabajo se establecieron las características generales de la regulación legal de las sanciones deportivas en países extranjeros, se analizó la terminología y esquemas conceptuales fundamentales para la doctrina jurídica, se da la descripción del estado de la investigación del problema en el ámbito científico. , se analiza la situación nacional de la responsabilidad en el ámbito del deporte, se especifican ejemplos típicos de casos judiciales en el aspecto investigado, y también se dan recomendaciones sobre la mejora de la base jurídica.

Reasons for the Emergence, Change and Termination of Corporate Legal Relations

2020 ◽  
Vol 27 (1) ◽  
pp. 39-57
Author(s):  
Yurii Zhornokui ◽  
Sviatoslav Slipchenko
Keyword(s):  
Civil Law ◽  
Case Law ◽  
Legal Regulation ◽  
Legal Doctrine ◽  
Main Method ◽  
Applicable Law ◽  
Legal Structure ◽  
Deductive Method ◽  
Legal Fact ◽  
Legal Consequences

Corporate relations are developing quite quickly, thus becoming more complicated and, accordingly, in need of proper settlement. Therefore, the main purpose of the work is to determine the range of grounds for the emergence, change and termination of corporate relations. Methodologically, the study of legal facts in the mechanism of legal regulation of corporate relations is conditionally divided into three parts: law-generating, enforcing and terminating grounds. The legal structure is singled out. The deduction method was chosen as the main method. The paper draws attention to the fact that recent changes in law and jurisprudence, as well as the doctrines of law, leave unanswered a number of questions, one of which is to define the circle of grounds for the emergence, change and termination of corporate legal relations. It is proved that such bases in the activities of corporations in their composition and quality can be simple and complex. The first are the grounds giving rise to legal consequences only in the presence of one legal fact, while the second is the basis on which there are several interrelated legal facts, and, accordingly, legal facts having multiple legal directions. Legal facts in the mechanism of legal regulation of corporate legal relations have all the signs of the traditional specific differentiation of legal facts that exist in the current legal doctrine and applicable law of civil law. At the same time, they have their own peculiarities, which are characteristic only of corporate legal relations. The conducted analysis is of theoretical importance for further research of the mechanism of legal regulation of corporate relations, as it allows to expand with the help of deductive method the idea of the grounds for the emergence, change and termination of corporate legal relations. This, in turn, will facilitate the formation of clear and consistent case law.

The right to appeal to the European Court of Human Rights

2020 ◽  
Author(s):  
Yuliya Samovich
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The European Union ◽  
Educational Organizations ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedure ◽  
The Right ◽  
Judicial Protection

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.

К ВОПРОСУ ОПРЕДЕЛЕНИЯ ФИНАНСОВО-ПРАВОВОГО РЕГУЛИРОВАНИЯ В СФЕРЕ ОБРАЗОВАНИЯ И НАУКИ В РФ: ПРОБЛЕМНЫЕ АСПЕКТЫ И ПУТИ ИХ РЕШЕНИЯ, СРАВНИТЕЛЬНЫЙ АНАЛИЗ С ЗАРУБЕЖНЫМИ СТРАНАМИ

2018 ◽  
Author(s):  
Михаил Геннадьевич Чепрасов ◽  
Юлия Станиславовна Лисачева ◽  
Евгения Дмитриевна Стрельникова
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Legal Regulation ◽  
Innovation Activity ◽  
Foreign Countries ◽  
The Russian Federation

This article discusses the problematic aspects of the financial and legal regulation of innovation activity in the Russian Federation, as well as ways to solve them. A comparative analysis with foreign countries is presented. В данной статье рассмотрены проблемные аспекты финансово-правового регулирования инновационной деятельности в РФ, а также пути их решения. Представлен сравнительный анализ с зарубежными странами.

Ethical boundaries of the legal regulation of conditions of carrying out genetic screening in prenatal diagnosis in Russia and abroad

2020 ◽  
Author(s):  
M.V. Medvedev , G.N. Suvorov , S.S. Zenin et all
Keyword(s):  
Prenatal Diagnosis ◽  
Great Britain ◽  
Legal System ◽  
Genetic Screening ◽  
Legal Status ◽  
Legal Regulation ◽  
Ethical Problems ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific

Objectives. The purpose of this study is to study the essence of ethical problems that arise in the field of genetic screening for prenatal diagnosis (PND) and determine possible ways to overcome them by legal means, taking into account the existing foreign experience. Materials and methods. Normative legal acts and doctrinal sources of Great Britain, Germany, Ireland, France and Switzerland are studied. Methods used: General philosophical, General scientific, private scientific, special (structural-legal, comparative-legal, formal-legal). Results. Ways to resolve ethical problems that arise or may arise in the future as a result of genetic screening for PND, which can be applied within the Russian legal system, are proposed. Conclusions. It is stated that most of the identified ethical problems are related to the lack of normative consolidation of the legal status of the fetus. It is presumed that the beginning of ethics should serve as the guide for legislation in this area. At the same time, it is emphasized that the legal regulation of genetic screening in PND should be flexible enough to optimally ensure the interests of all participants in these relationships. In addition, in this direction, it seems appropriate to refer to the experience of a number of foreign countries, whose legislation provides for fairly strict requirements in the field of PND.

Foreign experience in constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law

2021 ◽  
Vol 28 (2) ◽  
pp. 55-65
Author(s):  
Oleksandr M. Bukhanevych ◽  
Serhii O. Kuznichenko ◽  
Anastasiia M. Mernyk
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Well Being ◽  
Legal Regulation ◽  
Martial Law ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific ◽  
The Individual ◽  
Exhaustive List

The study investigates the foreign experience of constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law in Macedonia, Armenia, Belarus, Moldova, Georgia, Latvia, Lithuania, Albania, Azerbaijan, which is relevantin modern conditions, based on the presence of local military conflicts, emergencies, or the possibility of their existence in many countries of the world. The purpose of this study was to analyse the text and content of the constitutions of foreign countries to clarify and explain the groundsfor restricting human and civil rights and freedoms in conditions of emergency and martial law. To achieve this purpose, the study employed a system of methods of scientific cognition, namely general scientific (analysis, synthesis), particular (comparative, quantitative and qualitative analysis, approximation), as well as special legal (formal legal, comparative legal) methods. The practical value of the study lies in the identification of four prevailing trends in the constitutions of foreign states to the procedure for determining the scope of restrictions on human rights under special regimes: 1) consolidation of an exhaustive list of rights and freedoms in the constitutions, which cannot be restricted during the period of emergency and martial law; 2) consolidation of an exhaustive list of rights and freedoms in the constitution, which can be restricted to protect human rights, the democratic structure of the state, public safety, the well-being of the population and morals; 3) combining the first two options for consolidating restrictions in the text of the constitutions; 4) consolidation of the possibility of limiting the rights and freedoms of the individual in the texts of constitutions by state authorities under special legal regimes in the interests of national security without specifying partiular rights and freedoms that may (or may not) be restricted

Legal regulation of "ecocide" in Russia and foreign countries

2020 ◽  
pp. 69-79
Author(s):  
Boris A. Levitanus ◽  
Sergey V. Strelnikov
Keyword(s):  
Legal Regulation ◽  
Foreign Countries
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