ADMINISTRATIVE RESPONSIBILITY FOR VIOLATIONS OF THE ELECTION LEGISLATION IN THE CONTEXT OF THE LEGAL STATUS OF ELECTORAL COMMISSIONS

2021 ◽  
pp. 16-28
Author(s):  
Sergey V. Vedyashkin ◽  
◽  
Daria V. Sennikova ◽  
Elman S. Yusubov ◽  
◽  
...  
Keyword(s):  
Legal Status ◽  
System Analysis ◽  
Practical Importance ◽  
Legal Responsibility ◽  
Legal Analysis ◽  
Electoral Process ◽  
Legal Provisions ◽  
The Right ◽  
Municipal Election ◽  
Administrative Responsibility

The article deals with the problems of administrative responsibility for violations of the election legislation; the issue is studied in the context of the legal status of electoral commis-sions. The authors assess the administrative-tort and constitutional-legal provisions, mediating issues and the implementation of administrative responsibility for violations of the election legislation. Attention is drawn to the peculiarities of the legal status of electoral commissions and the functions of their activities. The content of certain issues related to the jurisdiction of election commissions in terms of the implementation of their administrative and tort powers is studied in the article; the analysis of their content is carried out, the problems of practical importance, including an assessment of the legal status of election commissions, are pointed out. When writing the article, the authors used the following methods when writing: system analysis, dialectical, logical, comparative-legal, analysis and synthesis, induction and deduction. As a result of the study, the following results were obtained: – the inconsistency of election and administrative legislation and the practice of their enforcement are also expressed in bringing to justice by corpus delicti, which does neither involve the payment of a fairly significant fine, nor significantly affects the maintenance of law and order; – municipal election commissions as well as other election commissions that do not func-tion outside the election campaigns may additionally need material technical and methodological support in fixing administrative offenses; – legal responsibility in the electoral process needs to be transformed according to the principles of the work of election commissions, expressed in the capacious category of “effec-tive care” for the implementation of passive and active suffrage; – the measures of administrative responsibility, first of all, penalties addressed to candi-dates and electoral associations, cannot exceed the amount of funds spent on average for the election campaign at the lowest level, a spontaneous increase in the size of this sanction is not permissible and needs to be revised, taking into account the proposed indicators; – when updating the institution of responsibility in the electoral process, the principle of federalism should also be taken into account. In this regard, it seems possible to delegate to the legislative (representative) bodies of the subject the right to fix in the legislation on administrative offences the constituent elements of crimes used in the course of municipal elections.

The order of property realisation in bankruptcy (insolvency) procedure under the law of Ukraine and Germany

2021 ◽  
Vol 28 (4) ◽  
pp. 210-222
Author(s):  
Oleksandr D. Sviatotskyi ◽  
Rodion B. Poliakov
Keyword(s):  
Legal Framework ◽  
Legal Analysis ◽  
Electronic Trading ◽  
Trading System ◽  
Legal Study ◽  
Judicial Practice ◽  
Legal Provisions ◽  
German Legislation ◽  
The Law ◽  
The Right

The article represents a comparative legal study of the specifics of the order of debtor's property realisation in the bankruptcy procedure under the law of Ukraine and Germany through the application of hermeneutic (used in accessing the essence of the legal framework and judicial practice); axiological (in determining the evaluative base) along with phenomenological (and the nature of the phenomena); systematic (modeling of the functioning systems) methodological toolkit. The authors emphasise the importance of legal provisions governing the sale of the debtor's property, due to the natural proximity of this stage of the competitive process to the financial component, which, in turn, is inevitably associated with various abuses. An electronic trading system had been recently introduced in Ukraine, on which therefore many hopes and expectations were relied upon. However, the electronic trading system did not cope with tasks set, and many new problems were added to the old ones. The article states that the existence of problematic issues in the procedure of bankrupt property realisation is confirmed, in particular, by the court practice. However, judicial practice in itself often becomes a source of problems. The article pays special attention to the German legislation, which uses a radically opposite model of property sale in insolvency proceedings. The authors justifiably propose to make certain changes to the Ukrainian legislation, by using the positive experience of Germany. As a result of a comparative legal analysis of the legislation of Ukraine and Germany, the authors provide ways of solving the raised issues in the article. The implementation of the recommendations submitted within this comparative-legal study should improve the quality of bankruptcy proceedings, reduce the number of abuses by insolvency trustees, as well as protect the rights and property interests of competitive creditors and creditors with the right of separate satisfaction

scholarly journals The right to offset the claims in accordance with the law on bankruptcy of the Republic of Serbia and in the region

2021 ◽  
pp. 119-138
Author(s):  
Vladimir Vrhovšek ◽  
Vladimir Kozar
Keyword(s):  
Bankruptcy Law ◽  
Legal Analysis ◽  
Legal Practice ◽  
Legal Provisions ◽  
Legal Consequence ◽  
The Law ◽  
The Republic ◽  
Business Entities ◽  
The Right ◽  
Legal Compensation

This article discusses a concept of legally permitted and limited offsetting in bankruptcy according to the law of the Republic of Serbia, with comparison to earlier regulations where the offsetting occurred by the force of law, as the legal consequence of initiating bankruptcy proceedings. Legal provisions, legal practice, opinion of the jurisprudence on general and special terms about the right to offset the claims in bankruptcy in the Republic of Serbia, as well as in the countries in the region, have been presented. Relevant legal solutions from laws on bankruptcy of Montenegro, Republic of Srpska, Republic of Croatia, and the Republic of Slovenia have been reviewed. Offsetting claims in bankruptcy proceedings are in principle allowed in regional countries as well. Regarding the effect of bankruptcy on the right to offset the claims, there is a great similarity among the legal solutions in regulations of above mentioned countries, except for the Republic of Slovenia. The Republic of Slovenia retained the broadest concept of legal compensation as a legal consequence of initiating bankruptcy proceedings, which constitutes an important difference compared to restrictive solutions of the Serbian bankruptcy law and regional legislation. This article aims to show to the business entities operating in the region, through comparative legal analysis, different conditions and procedure of offsetting in bankruptcy in national legislation, bearing in mind the importance of this legal institution, which allows the creditors to fully collect their claims outside the bankruptcy payment lines, and regardless of the number of available funds in the bankruptcy estate.

scholarly journals National Anti-Corruption Plan for 2021-2024: anti-corruption elements of the legal status of civil officers

2021 ◽  
pp. 166-175
Author(s):  
Ivan Vladimirovich Grigorev
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Civil Service ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Professional Activities ◽  
Legal Provisions ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Right

The subject of this research is the normative sources that establish the rights, responsibilities and prohibitions in civil service, as well as the mechanisms for their implementation. The author dwells on the practical issues arising in the context of implementation of anti-corruption legislation associated with the right of the officers to exercise other paid activity, acquire and own securities, responsibility to notify about the possible colliding interests, limitation on the deed of gift due to their professional activities, providing data on income, expenses, property, and real obligations. Special attention is given to certain legal provisions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, and courts of general jurisdiction related to the peculiarities of the legal status of civil officers. The scientific novelty consists in comprehensive examination of the legal issues in regulation of anti-corruption elements of the legal status of civil officers. The main conclusions lies in determination of the gaps and conflicts of legal regulation of such relations. Critical assessment is given to the case law on the appeal of the prosecutors to transfer the property with no evidence that it has been acquired with legitimate income to the income of the Russian Federation. The author formulates recommendations for the improvement of the existing federal legislation on countering corruption in civil service.

scholarly journals The Contradiction of Between Judge’s Decision and Legal Provisions Regarding The Position of Heirs in Proof of Land Rights

2019 ◽  
pp. 133-148
Author(s):  
Sulistiani Adont ◽  
La Syarifuddin ◽  
Rahmawati Al Hidayah
Keyword(s):  
Government Regulation ◽  
Land Rights ◽  
District Court ◽  
Legal Analysis ◽  
Legal Certainty ◽  
Land Registration ◽  
Legal Provisions ◽  
Valid Evidence ◽  
The Government ◽  
The Right

As the economic development of Indonesian society increases, so will the need for legal certainty in the field of land for the right holder of a plot of land. the fundamental issue in verifying the right to the land is any person claiming to have a right, or appointing an event to affirm his right or to deny any right of another person, shall prove the existence of that right or prove the event, the heirs' a case study of the Samarinda District Court Judgment Number 138 / Pdt.G / 2014 / PN.Smr.This research uses normative research method. The primary legal material of this research is the legislation that is compiled into a conceptual form based on existing legislation. Which then conducted legal analysis of the problems in this study.The result of the research is the position of the heirs in verification of the right to land must have at least two evidences, that can prove that the heirs are valid first through the certificate of inheritance. To strengthen the verification of the heirs to the land rights, the heirs must prove by means of evidence as set forth in Article 24 paragraph (1) of Government Regulation Number 24 of 1997 concerning Registration. The second result of the research is the letter of appointment by the Government/Local Government is a valid evidence based on existing legislation, and it becomes the base of the right which is the basis of the land ownership, the analysis of the judge's decision namely the judge decision of Samarinda District Court No. 138 / Pdt.G / 2014 / PN.Smr is incorrect and does not provide legal certainty, it is caused by no reference what is contained in Article 24 paragraph (1) and Article 32 paragraph (2) Government Regulation Number 24 of 1997 on Land Registration.

scholarly journals Kazus Alecka Bourne’a a konstytucyjne zasady ochrony życia i zdrowia

2021 ◽  
pp. 87-105
Author(s):  
Piotr Szudejko
Keyword(s):  
Human Life ◽  
Legal Aspects ◽  
Legal Analysis ◽  
Right To Life ◽  
Legal Provisions ◽  
Starting Point ◽  
Constitutional Tribunal ◽  
Definition Of ◽  
The Right ◽  
And Function

The article presents the case of Dr. Aleck Bourne, which the author proposes to include in the catalog of borderline cases constituting the basis for in-depth discussions on ethical and legal aspects of human life with regard to the development of biology and medicine. The starting point is the presentation of the worldwide models for regulating the practice of abortion as well as the Polish regulation, together with a discussion on the role of the Constitutional Tribunal in shaping current legal provisions. The author notes that the interpretation of the right to life adopted by the Tribunal encourages the repeal of the indication model and the introduction of a complete ban on abortion, which will have significant consequences for ordinary legislation. Apart from describing the facts in the Bourne case, the strategy adopted by the defense and the sentence itself, the possible further areas of considerations regarding the limits of permissibility of termination of pregnancy have been signaled. Then, the conclusions resulting from legal analysis of the case were transferred to the exegesis of the constitutional principles of the right to life and the right to healthcare. Their constitutional form, interpretation resulting from the rulings of the Constitutional Tribunal and the ordinary legislation have been presented. The author indicates the main terminological deficiencies identified in this respect: the lack of any definition of the beginning of a human being, the existence of two separate criteria for determining death, which could lead to different results and the lack of an unambiguous definition of disease adopted by the legislator. Based on the concepts presented in the case, the right to healthcare has been defined as a legal right resulting from the right to life. The final thesis is that there are no grounds for hierarchizing these rights, as they are intertwined in content and function.

Legal Issues of the Structure and Activities of International Energy Associations in the Modern World

Lex Russica ◽  
2020 ◽  
Vol 73 (6) ◽  
pp. 77-96
Author(s):  
A. S. Gulasaryan
Keyword(s):  
System Analysis ◽  
Practical Importance ◽  
Modern World ◽  
Legal Analysis ◽  
International Treaties ◽  
Russian Science ◽  
Scientific Methods ◽  
New Associations ◽  
World Energy ◽  
First Time

The world energy industry today faces new challenges. They include regulating energy markets, protecting the environment and sustainable development. An appropriate response to these challenges could be to employ the potential of multilateral interaction within the framework of international energy associations with a view to establishing effective mechanisms for the provision of international energy security. The importance of an intra-organizational (institutional) mechanism is due to the fact that it ensures the cooperation of States within the framework of international energy associations. Accumulated during more than half a century of the existence of international energy associations, the normative framework requires processing, scientific systematization, as well as theoretical generalizations and proposals of obvious practical importance. This paper, for the first time in the Russian science of international law, makes a comprehensive scientific and legal analysis of issues of membership, institutional structure, working order and interrelations among different bodies, personnel formation, privileges and immunities of international energy associations. The scientific and legal analysis is aimed at exploring the constituent acts, headquarters agreements, agreements on privileges and immunities of international organizations, international treaties, as well as modern doctrine of international law.The conclusions and proposals made in the paper can be used by States to improve the institutional (intraorganizational) mechanism of effective international energy associations, as well as for planning new associations. They can also be used by the Russian Federation in developing strategies to interact with such associations. The paper uses general and private scientific methods of research: formal-legal, historical-legal, system analysis, comparative-legal approaches.

scholarly journals Specifics of Procedure of Integrity Assessment of a Design Company’s Counterparties for Export VAT Calculation

2021 ◽  
pp. 142-150
Author(s):  
Irina Borisova ◽  
◽  
Olga Oleynik ◽  
Keyword(s):  
Economic Analysis ◽  
Engineering Design ◽  
Legal Status ◽  
Practical Importance ◽  
Value Added ◽  
Assessment Procedure ◽  
Legal Analysis ◽  
Integrity Assessment ◽  
Business Operations ◽  
Verification Methods

The article presents the results of a study on the assessment procedure of counterparty integrity, which helps to determine the reliability and legal status of any involved contractors. The argument rests on the methods of system and institutional analysis, economic analysis of business operations, and comprehensive legal analysis of entrepreneurial operations. Relevance of the study consists in the theoretical and practical importance of efficient subcontractor management, as well as in the need of an engineering design company to establish a unified procedure for dealing with partners. The procedure of integrity assessment of counterparties (suppliers, subcontractors) of a design company includes some economic and legal techniques. Design companies use the counterparty integrity concept in verifying whether the value added tax on exports is computed correctly, whether the VAT refund (deduction) is justified, and whether the procurement of some works, services and commodities is economically reasonable. Verification of the physical existence of a counterparty and the authority of persons who sign contracts and issue letters of authorization is also provided. In contrast to existing verification methods, the approach used in this article allows choosing the best way to deal with international partners. Additional measures to disclose unfair practices of partners by means of a legal review of counterparty documents are developed. The article presents a tested form of reporting of counterparty negotiations. A set of measures for a detailed counterparty verification allows systematizing the procedure of integrity assessment of counterparties (suppliers, subcontractors) of a design company. The procedure and measures suggested in the paper will help design companies reduce their business risks.

scholarly journals CONCEPT AND CONTENT OF THE LEGAL STATUS OF A CONSUMER OF MEDICAL SERVICES

2020 ◽  
Keyword(s):  
Consumer Protection ◽  
Legal Status ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Medical Services ◽  
World Federation ◽  
Right To Health Care ◽  
Main Research ◽  
Legal Personality ◽  
The Right

Introduction. The mechanism of legal regulation of consumer protection in general, and consumer rights in the field of medical services in particular, has passed certain historical stages of formation and development. Of particular importance in the system of organizing consumer protection at the international level was the creation in 1960 of the International Organization of Consumers - Consumers International, which is a world federation of consumer groups. The activities of international and national organizations have a common goal of "consumer protection" by consolidating the efforts of consumer groups and relevant organizations and protecting their rights, including interests, before the relevant state and international bodies and organizations. Summary of the main research results. The legal status of the patient is a complex theoretical and legal phenomenon, including the legal personality of the patient, basic rights, duties, responsibilities, guarantees for the realization of his rights and freedoms, and the like. The content of the legal status of the patient consists of his rights, obligations and legal responsibility. Conclusions. The entire system of patients’ rights - consumers of medical services can be conditionally divided into the following groups: 1) general medical rights - this group of rights is enshrined in the basic regulatory legal acts. General health rights include: the right to health care; the right to consent to or refuse medical care; the right to information; the right to confidentiality and protection of personal data; 2) special medical rights; 3) the rights of persons who forcibly acquired the legal status of a patient; 4) the rights of persons who participate in medical and biological experiments and tests.

scholarly journals Procedural Algorithm for Ensuring the Right a Minor Suspect or Accused to Defense in Pre-Trial Criminal Procedure

2019 ◽  
pp. 59-72
Author(s):  
Zinaida Ivanovna Koryakina
Keyword(s):  
Legal Status ◽  
Life Experience ◽  
Systems Approach ◽  
Full Range ◽  
Criminal Procedure ◽  
Legal Rights ◽  
Legal Analysis ◽  
Rights And Interests ◽  
The Right ◽  
A Minor

In terms of scientific interpretation and law-enforcement practice, Koryakina analyzes criminal procedure legislation that regulates ensuring the right to defense of a suspect or accused who haven't reached their legal age at the time of trial. The main problem here is that the procedure of pre-trial ensurance of the right to defense of a minor suspect or accused do not cover the full range of legal rights and interests as it is set forth by the Criminal Procedure Code of the Russian Federation. Thus, the legal status of a minor is equalized to the status of an individual of legal age. The aim of the research is to discover new theoretical and practical provisions about the process of ensuring the right to defense of a minor suspect or accused at the pre-trial stage of criminal procedure. The research objectives include analysis of doctrinal and regulatory ensuring the right of minors to defense as well as analysis of specific features of such process. In her research Koryakina has also used sociological, formal legal, comparative legal analysis, systems approach and modelling, historical legal and logical legal methods. In her article the author offers new provisions aimed at developing the mechanism of protection of minors' legal rights and interests taking into account not only their age but also their lack of life experience. Thus, the scientific novelty of the research is caused by the fact that the author suggests to renew the procedure of ensuring the right of minors to defense. 

scholarly journals HISTORICAL AND LEGAL ANALYSIS OF THE HEALTH CARE WORKERS’ LEGAL STATUS DEVELOPMENT

Medicne pravo ◽  
2021 ◽  
pp. 9-17
Author(s):  
N. V. Kniazevych
Keyword(s):  
Health Care ◽  
Public Relations ◽  
Health Care Workers ◽  
Legal Status ◽  
Practical Importance ◽  
Health Sector ◽  
Legal Analysis ◽  
Health Sector Reforms ◽  
Care Workers ◽  
Reform Processes

The article is devoted to historical and legal analysis of the health care workers’ legal status development. The paper analyses the beginning of the establishment of the first rules of behavior and professional responsibilities of medical workers in Ukraine, as well as regulations governing the legal status of medical workers in different years in Ukraine. It has been emphasized on the importance of research in the context of the modern health sector reforms for the formation of its directions of implementation. The administrative and legal status of a medical worker makes it possible to determine their place and role in public administration and other public relations. The rights and responsibilities of health care workers are of great scientific and practical importance, especially in view of the ongoing health care reform processes in the country. In view of this, it is important to study the peculiarities of the formation of certain rights and responsibilities of medical workers, which constitute their current legal status, over a significant period of the Ukrainian history.

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