scholarly journals The Main Scenarios for the Formation of Territorial Autonomies in the Modern World (Constitutional and Legal Aspect)

Lex Russica ◽  
2019 ◽  
pp. 132-150
Author(s):  
I. V. Irkhin
Keyword(s):  
Legal Status ◽  
Legal Aspect ◽  
The Philippines ◽  
Small Population ◽  
The State ◽  
Modern World ◽  
Policy Model ◽  
Legal Structure ◽  
The Uk ◽  
National Governments

As part of the analysis of the practices of institutionalization of constitutional and legal status of territorial autonomies of Bolivia, Great Britain, Denmark, India, Indonesia, Canada, China, Moldova, Uzbekistan, Finland on the basis of the criteria and methods of their formation, it is indicated that there are two main scenarios. According to the first one, territorial autonomies are formed on the basis of international and national legal acts. The second scenario assumes the formation of autonomies based on national legal acts only.In the structure of the first scenario, territorial autonomies formed as a result of negotiations between the parties to the conflict (confrontation model) and in the Directive order (Directive model) are separated. In the structure of the second scenario, territorial autonomies established following the negotiations on the basis a peaceful compromise or as a result of confrontation (consensus and confrontation models), as well as autonomies formed unilaterally (policy model) are highlighted.The conceptual requirements for the successful institutionalization of territorial autonomy are as follows: the presence of rooted in society and the state traditions of democracy and the rule of law; the establishment of a real regime of internal self-government; limited material and financial resources and the resulting dependence on the state; the absence of disputes about sovereignty; clarity of the formal legal structure of the constitutional legal status; small population and the territory of autonomy. In this case, the structure and content of these requirements are very mobile, and therefore can be combined in different proportions with different specific gravity.Typical examples of the most stable territorial autonomies (in terms of territorial integrity and unity of the state), in which these conditions are present in different volumes, are the autonomies of Bolivia, the Aland Islands, the Faroe Islands, Hong Kong and Macao. This category can also include Karakalpakstan and Nunavut because of their total dependence on the support of national governments.In turn, the potential for the development of separatist tendencies remains in the UK (Scotland, Northern Ireland), India, Indonesia, China (Tibet), Moldova, and the Philippines.

scholarly journals Mediating the form and direction of regional sustainable development: The role of the state in renewable energy deployment in selected regions

2020 ◽  
Vol 27 (3) ◽  
pp. 303-317
Author(s):  
Carla De Laurentis
Keyword(s):  
Renewable Energy ◽  
National Level ◽  
The State ◽  
Nation States ◽  
Ability To Act ◽  
Role Of The State ◽  
Strategic Goals ◽  
The Uk ◽  
National Governments

This paper analyses and critically discusses the role of regions in implementing renewable energy (RE) policies, examining the relationship between state policy and RE deployment. Using evidence from four case study regions, Apulia and Tuscany in Italy and Wales and Scotland in the UK, the paper teases out some differences in terms of regional competencies to implement RE policies across the two countries. The national governments in both Italy and the UK have constructed regulatory and governance relationships to orchestrate and reorder economic, social and ecological challenges and devolve responsibilities at the sub-national level. This has offered an opportunity for the peculiarities of regional setups to be taken into account and regions have contributed towards the promotion of green and sustainable path development via the route of promoting RE deployment. The paper argues that the downscaling and distribution of responsibility in the cases investigated reflect the capacity and willingness of nation states to respond to and mediate the strategic goals and outcomes formulated at national and international levels. Nevertheless, while the regions investigated display differences in their incentives, capacities and capabilities to increase RE deployment, their ability to act is very much influenced by nation states, stressing the important role of the state in mediating the form and direction of RE deployment.

Legal education and training of minors as a moral and legal aspect of personality development

2020 ◽  
pp. 59-67
Author(s):  
Laura Turkaeva
Keyword(s):  
Personality Development ◽  
Legal Aspect ◽  
Legal Education ◽  
Integrated Approach ◽  
Legal Culture ◽  
Education And Training ◽  
The State ◽  
Constitutional Rights ◽  
Legal Structure ◽  
And Training

The relevance of this work consists in the fact that at the present stage of society's development, full legal education and training of minors can be achieved through the aspiration of a person to learn the basics of legislation and to show respect for them. Considering the state and legal structure of the Russian Federation, this issue is given special attention. At the same time, knowledge and respect for laws do not yet cover the entire spectrum of the legal culture of the younger generation, since they must also understand and comply with them. Whereas by virtue of their harmonious combination, the coefficient of legal awareness and legal culture of modern children is taking shape. The need to strengthen preventive measures of educational impact is increasing every day. Every child should be aware of and feel the protection and priority of constitutional rights and freedoms. Scientific studies show the need for legal education of children using the state mechanism of influence, taking into account educational institutions, age qualifications and home conditions in which the child is brought up. In addition, positive dynamics in this problem will be observed only through the integrated approach of all state bodies represented by the three branches of government (legislative, executive and judicial), and using the experience of the European powers with the subsequent unification of international law.

scholarly journals INTERNATIONAL EXPERIENCE OF THE PROSECUTOR'S OFFICE ORGANIZATION

2020 ◽  
Keyword(s):  
Legal Status ◽  
Attorney General ◽  
Executive Branch ◽  
Modern World ◽  
Federal Republic Of Germany ◽  
Public Authorities ◽  
Advantages And Disadvantages ◽  
The Republic ◽  
Compliance With The Law ◽  
The Uk

ANNOTATION. Problematic aspects of defining the tasks and place of the prosecutor's office, as well as the foreign strategy of improving the organization of the prosecutor's office are highlighted. The experience of foreign countries of the developed democracy, concerning the work of the prosecutor's office for its implementation in the legislation of Ukraine, the history of its origin and its modern purpose are analyzed. On the basis of a comparative study of foreign prosecutor's offices data on their place in the system of government, type of model and basic functions are given, which gives an idea of the role and directions of development of the prosecutor's office in the leading countries of the modern world. It is stated that the modern Prosecutor's Office of France is referred to the executive branch of power and reports to the Ministry of Justice. Prosecutors are very close to the judge's corps because they receive the same training and often move from prosecutors to judges and vice versa throughout their careers. In Germany, prosecuting authorities operate at the general courts of all levels. The Attorney General of the Federal Republic of Germany exercises his authority under the general authority of the Minister of Justice of Germany. According to a special law that defines the legal status of the Prosecutor's Office in Latvia, the prosecutor's office is a judicial authority that independently supervises compliance with the law within the established competence. In the UK, there is no public prosecutor's office or its direct analogue. The Public Prosecutor's Office operates within the system of public authorities as an independent authority, coordinated by the General Atorney. In the Republic of Lithuania, prosecutors organize and manage the pre-trial investigation process, as well as support state prosecutions in criminal cases. The author summarizes that there is no uniform standard in Europe for the prosecutor's model. The prosecutor's models analyzed have advantages and disadvantages, but none of them excludes or prefers one or the other model. Recommendations on improving the Prosecutor's Office of Ukraine have been provided.

scholarly journals TRANSNATIONAL CORPORATIONS IN THE LIBERAL POWER-SHARING SYSTEM: INTERNATIONAL LEGAL ASPECT

2021 ◽  
Vol 21 (5) ◽  
pp. 21-30
Author(s):  
A.G. Uporov ◽  
Keyword(s):  
Legal Status ◽  
Legal Aspect ◽  
World Order ◽  
Transnational Corporations ◽  
Legal Regulation ◽  
Power Sharing ◽  
Modern World ◽  
Current State ◽  
The Status ◽  
Distribution Of Power

The phenomenon of transnational corporations in the context of the modern liberal system of distribution of power and the current state of its international legal regulation are considered. The position of transnational corporations in the modern world order and the concept of its legal status are investigated, and conclusions are drawn about the need to assign transnational corporations the status of a subject of international legal relations.

scholarly journals Administrative and legal status of the State Space Agency of Ukraine: historical and legal aspect

2016 ◽  
Vol 4 (41) ◽  
Author(s):  
Юлія Леонідівна Юринець ◽  
Аліна Вікторівна Свінціцька
Keyword(s):  
State Space ◽  
Legal Status ◽  
Legal Aspect ◽  
The State ◽  
Space Agency

scholarly journals CITIZENSHIP AND SOVEREIGNTY AS DEMOCRATIC VALUES OF A STATE IN GLOBAL WORLD

2018 ◽  
Vol 9 (40) ◽  
pp. 7-17
Author(s):  
Vitaliy Kovalchuk ◽  
Iryna Sofinska ◽  
Yaryna Bohiv
Keyword(s):  
Legal Status ◽  
Legal Aspect ◽  
Point Of View ◽  
Modern World ◽  
Demographic Development ◽  
Sovereign State ◽  
Self Identity ◽  
State Punishment ◽  
Fundamental Tension ◽  
Global World

This article mainly focuses on determination of sovereignty as the answer to challenges, caused by globalization, migration, and integration. In the modern view, sovereignty is a fundamental state feature, while citizenship is a real and effective political and legal link between person and state. Citizenship is a primary legal aspect of self-identity from the theoretical, legal and philosophical point of view. It should be mentioned that nowadays, there are a lot of discussions on this issue in order to determine possible strong ideological baggage, the set of rights and duties and full membership in a state (features of citizenship) from daily and personal complexity of social interaction (features of self-identity). Undoubtedly, the correct, up-to-date application of person’s legal status and identity issues is a fundamental tension in frames of such triangle: person – society – sovereign state. The article explains that such importance depends not only upon the level of legal self-consciousness of a person, geopolitical, social and economic, demographic development of society and state’s place on the international arena, but also on active state (governmental) policy in the field of citizenship. Authors pay particular attention to the grounds for terminating the citizenship of a person, as a result of which a person may become "apatride" (a stateless person). In addition, this study is aimed to generalize the common and distinctive features of the main grounds for termination of citizenship of a person, which depends on the will of last one or is foreseen as the state "punishment" for his/her activity. According to the results of this research, the value of citizenship in the modern world is inevitably to become lower. Therefore, in the ideal scenario, it is necessary to upgrade the citizenship concept, to proceed with real, proper and useful, but not cosmetic changes. In addition, there is a need to allow drifting on the citizenship front to secure values and shared symbols of citizenship in the sovereign state.

Historical and legal aspect of the formation and development of positive law

2020 ◽  
pp. 56-61
Author(s):  
Roman Lutskyi
Keyword(s):  
Legal Status ◽  
Legal Aspect ◽  
Legal Regulation ◽  
The State ◽  
Customary Law ◽  
Social Regulation ◽  
Public Authorities ◽  
Economic Relations ◽  
Positive Law ◽  
Wide Range

Description: The article is aimed to attract the attention of not only theorists, but also historians of the study of law to the fact that the latter began its evolution from «custom». It is the latter that is based on worldview recognition and submission. It was closer to justice, and therefore met the ideas of the ideal of the law as the supreme good; it provides peace, order and mutual understanding. Methodology: The research methodology is based on the principles of historicism, systemicity, scientific character, interdisciplinarity. The following methods were used: historiographic analysis, historical and genetic, terminological analysis, comparative, typological. Based on a wide range of published and substantiated studies in the field of principles of the formation of law, the authors systematized and scientifically proved the formula of causal relationships, which ultimately made a decisive influence on the development of positive law. Results: According to the authors, the current legislation, as well as the formation of the state, has passed a significant historical path of its formation and development from the primitive custom to the positive law sanctioned by the state. Moreover, in the early states, custom prevailed even with persistent and constantly strengthened attempts by public authorities to influence the legal status of society and dominate it through the judicial and administrative apparatus. This, in turn, ensured a gradual combination of various forms of legal regulation originating from society and the state. The very origins and foundations of the current legislation can be found even in the social regulation of primitive society, which was carried out with the help of customs, taboos, morality, and the like. Moreover, the basic principles of customary law as the first form of positive law were mythological and religious principles, which were also developed and supplemented in the further development of its forms. The sources of the current legislation which reflect the historical beginning of its gradual formation and development are different in certain spatial and social dimensions. As for the current legislation, it arose in the context of the gradual and prolonged formation of a socially heterogeneous society, as well as the development of social and economic relations. At the same time, the theoretical and historical conditions for the emergence of officially established modern legislation are formed through the list of social interests of strata close to the state apparatus. These circumstances made it possible to make managerial decisions that would better protect their property rights and opportunities, and helped them in the institute of positive law, which was generally binding for the whole society.

scholarly journals MINORITY LANGUAGES IN KOSOVO

2020 ◽  
Vol 8 (11) ◽  
pp. 259-265
Author(s):  
Safet Krasniqi ◽  
Halim Bajraktari
Keyword(s):  
Human Rights ◽  
Executive Function ◽  
Civil Rights ◽  
Legal Aspect ◽  
The State ◽  
Minority Languages ◽  
Legal Structure

The paper includes the legal aspect and political harmonization of human rights and freedom in the context of an analysis about the legitimate and executive function of the state of Kosovo. Guaranteeing civil rights it’s a part of and obligation that Kosovo institutions have, that are accorded in the legal structure of the fundamental human rights. This approach, mostly has to do with the majority community in Kosovo, that legally and politically are constitutional category.

scholarly journals The Historical Irish Harp: Myths Demystified

2015 ◽  
pp. 253-280
Author(s):  
Andrew Lawrence-King ◽  
◽  
Katerina Antonenko ◽  
Natalia O'Shea ◽  
◽  
...  
Keyword(s):  
International Research ◽  
Legal Status ◽  
Research Effort ◽  
Musical Instruments ◽  
The State ◽  
The Political ◽  
National Symbol ◽  
History Of ◽  
The Uk ◽  
Mythological Studies

This article presents the work of three scholars from three disciplinary areas, surveying the history of the Irish harp through the lenses of organology and musicology, supported by literary and mythological studies. The historical Irish harp, also known as Cláirseach or Early Gaelic harp, is simultaneously one of the world’s most famous and least known musical instruments. We see it on various romanticised “Irish” flags, on the State arms of Ireland (and indeed, representing Ireland, on those of the UK and Canada), on the Irish Presidential standard and the flag of the Irish province of Leinster, on Irish Euro coins, and painted on the tails of aeroplanes. The Guinness brewing company exports millions of images of the harp, labelling the bottles of its most famous product. But we hear it far less often, and our knowledge of its technical workings is clouded by a mist of repeated half-truths and patriotically inspired legends. The popular vision of ancient harpers is surrounded by an aura of romantic mysticism, but it is generally assumed that they not only enjoyed the privileges of freemen, but could influence listeners’ emotions with mysterious power. “The only entertainer with independent legal status (soíre) is the harpist… He is expected to be able to play music to bring on tears (goltraige), to bring on joy (gentraige) and to bring on sleep (súantraige)”. Now that the political tensions surrounding such a national symbol have declined, there is a new opportunity for rigorous, international research with full use of modern methodologies. The first step in this renewed research effort should be to abandon any preconceptions, to re-examine some musicological folklore and debunk some cherished myths.

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