scholarly journals Nature of legal status of the subjects of forensic activities

2019 ◽  
pp. 111-117
Author(s):  
L. V. Lazareva
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Legal Regulation ◽  
Enforcement Mechanism ◽  
Forensic Institutions ◽  
Legitimate Interests ◽  
The Right ◽  
Improvement Of Legislation ◽  
Rule Making ◽  
Expert Study

The paper discusses the main problems of the enforcement mechanism in the appointment and production of forensic examination. It is shown that the provisions of the current criminal procedural legislation inadequately carry out the legal regulation of the subjects of forensic activities. Particular attention is given to ensuring the rights and legitimate interests of those participating in the expert study of individuals. Analyzing the rules governing the procedure for the appointment of forensic examinations, the author draws attention to the absence of temporary restrictions on familiarizing the participants in the criminal process with the resolution on the appointment of the examination. The author justifies the possibility of vesting the defense with the right to assign expertise, which could be implemented through non-state forensic institutions or private experts. Proposals for the improvement of legislation and law enforcement practice are formulated. The theoretical conclusions formulated in the paper serve as a basis for further research of forensic issues, and can also contribute to the improvement of rule-making in this area.

scholarly journals THE PLACE OF ADMINISTRATIVE LAW STANDARDS IN THE LEGAL SYSTEM PRINCIPLES OF INTERACTION OF JUDICIAL EXPERT INSTITUTIONS WITH LAW ENFORCEMENT AUTHORITIES

2020 ◽  
pp. 258-264
Author(s):  
А. О. Полянський
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Administrative Law ◽  
Legal Basis ◽  
Law Enforcement Agencies ◽  
Legal Principles ◽  
Forensic Institutions ◽  
The Impact

The relevance of the article is that the effectiveness and efficiency of interaction between forensic agencies and law enforcement agencies depends on many factors, one of which is a properly "constructed" system of legal acts. At the same time, the special nature of the interaction of these entities, the attraction of its content to the administrative and legal sphere, as well as the specifics of forensic institutions and law enforcement agencies in general necessitates a detailed review of legal principles in this area and determining the place of administrative and legal regulation. The purpose of the article is to establish a system of legal bases for the interaction of forensic institutions with law enforcement agencies, as well as to determine the place of administrative and legal regulation among them. It is established that the legal basis of interaction of forensic institutions with law enforcement agencies is a system of regulations and their provisions governing the legal status of forensic institutions and law enforcement agencies, as well as the content and procedure of interaction of these entities. It is proved that administrative-legal regulation is a type of branch of the general-legal category of legal regulation, which occurs with the help of administrative law and determines the impact of law on public relations of a special nature arising from the activities of public administration. That is, we are talking about the relationship of power and management influence that prevails in the work of public authorities, local governments and so on. This is a purposeful, comprehensive, streamlining impact of law on public relations in the sphere of government, which occurs through the rules of administrative law, which are part of the system of legal principles outlined above. It is emphasized that the legal basis for the interaction of forensic institutions and law enforcement agencies have an administrative and legal basis, which is expressed in a large number of rules of administrative law, enshrined in regulations of various legal force. This situation is due to the fact that the norms of this branch of law determine: the administrative and legal status of forensic institutions and law enforcement agencies; functions, powers and tasks assigned to law enforcement agencies and forensic institutions; mechanisms of interaction of forensic institutions and law enforcement agencies in performing their functions defined by law; organizational and practical goals of this interaction; etc.

scholarly journals Risks of genomic research

2019 ◽  
pp. 55-61
Author(s):  
A. A. Pestrikova
Keyword(s):  
Clinical Trials ◽  
Genetic Engineering ◽  
Legal Status ◽  
Legal Regulation ◽  
Genomic Research ◽  
Vitro Fertilization ◽  
Society Application ◽  
Legitimate Interests ◽  
The Right

The article considers the main achievements in the field of genetic engineering and biomedicine in the context of formation of the concept of legal regulation of relations in question. The article considers the issues of applying the human DNA editing technology considered by the Nuffield Council on Bioethics in July 2018. The author substantiates the necessity of determining the legal status of the embryo for its use in clinical trials of gene modifications. The paper considers the risks regarding the use of genetic engineering in relation to the person associated with the possibility of social inequality in the society, application of eugenistic approaches, and the probability of selecting the quality characteristics of embryos by parents resorting to in vitro fertilization. The author concludes that it is necessary to form national and international legislation that will protect the rights and legitimate interests of all subjects and will exclude circumvention of the law and abuse of the right. In addition, it is important to ensure international and public control over the use of the latest advances in genetic engineering and biomedicine prior to conducting clinical trials on humans.

Tax Responsibility of Banks for Non-Execution of Tax Authorities’ Decisions: Legislative Regulation and Law Enforcement Practice

2020 ◽  
Vol 10 (2) ◽  
pp. 461
Author(s):  
Ekaterina Alexandrovna BOCHKAREVA ◽  
Svetlana Valerievna KOZHUSHKO ◽  
Kamil Shamilievich KHAMIDULLIN ◽  
Ekaterina Alexandrovna FARIKOVA
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Research Issue ◽  
Legislative Regulation ◽  
Integrated Interpretation ◽  
The Russian Federation ◽  
The Right ◽  
Improvement Of Legislation

The research issue is to identify the shortcomings of legal management of tax responsibility of banks in case of their non-execution of tax authorities’ decisions, as well as to define the possible directions of improvement of legislation and law enforcement practice in this sphere. The aims and objectives of the research are as follows: (1) to analyze the provisions of Article 134 and Article 135 of the Tax Code of the Russian Federation, which establish the responsibility of banking organizations as participants of the fiscal relations and to analyze the application of provisions of these articles by judicial and tax authorities; (2) to identify the problems of bringing to responsibility credit banking organizations for their non-execution of tax authorities’ decisions; (3) to develop recommendations for improvement of legal regulation. The methods of the research include analysis, analogy, legalistic method and integrated interpretation. The results of the research are as follows. It has been justified that the sum of debt of a taxpayer, established to bring banks to legal responsibility under Article 134 of the Tax Code of the Russian Federation, shall not include the sums of fines and penalties, as the bank is not a real participant of legal relations ‘tax authority – taxpayer’ and is deprived of the right to appeal the sum, which serves as the basis for establishing the sum of fine.  

scholarly journals An Inheritance Contract: a Critical Look at the Legal Construction

Lex Russica ◽  
2021 ◽  
pp. 30-38
Author(s):  
N. E. Sosipatrova
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Legal Protection ◽  
Legal Regulation ◽  
Third Party ◽  
Inheritance Law ◽  
Legal Structure ◽  
The Russian Federation ◽  
The Right ◽  
Made In

The legal structure of an inheritance contract introduced into the system of Russian civil law on June 1, 2019, caused an ambiguous evaluation in the doctrine of inheritance law. Analyzing various points of views of scholars and legal prescriptions, the author expresses her opinion on this legal structure highlighting in particular an imbalance in the legal status of the parties to the inheritance contract, expressed in the possibility of unilateral refusal to execute it by only one of the parties, in the absence of legal protection of the testator's counterparty when the latter alienates the property specified in the inheritance contract. This makes this legal structure practically non-binding for the testator and reduces its relevance. The author substantiates that the legal prohibition of concluding an inheritance contract through a representative applies only to the testator. The assumption is made that the reference to a third party acquiring the right of inheritance does not turn this agreement into a contract made in favor of the third party. The paper focuses on the controversial issue of the limits of the discretion of the testator and the essential conditions of the inheritance contract. The author differntiates the gaps in the law in the regulation of a number of issues related to the conclusion and execution of an inheritance contract, some wordings of Art. 1118 and 1140.1 of the Civil Code of the Russian Federation and suggests proposals that improve rules under consideration. The author comes to the conclusion that the legal structure of inheritance law raises many questions caused by faulty legal formulations and insufficient completeness of legal regulation, which can give rise not only to doctrinal discussions, but also to contradictory law enforcement practice.

scholarly journals Testimonial immunity as an element of the principle of protection of the rights and freedoms of man and citizen in criminal proceedings

2019 ◽  
pp. 239-248
Author(s):  
M. Kharitonova
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Judicial Reform ◽  
Criminal Proceedings ◽  
Protection Of Human Rights ◽  
Legitimate Interests ◽  
The Individual ◽  
State Defense

In the conditions of formation of the rule of law, one of the biggest manifestations of the democratization of law enforcement activity in Ukraine is the legislative protection of human rights, the creation of guarantees of the rights and legitimate interests of the individual. In this regard, the legal status of participants in criminal proceedings becomes especially important. In addition, the important task of criminal procedural science is to identify and eliminate gaps in the legal regulation of criminal procedural relations. In this regard, studies are currently being conducted to identify legal issues in the field of law and recommendations are being prepared on this basis. It is known that every participant of criminal justice has its own legal status, enshrined in the rules of the Criminal Procedure Code of Ukraine. The procedural status of the victim, suspect, accused legislator and procedural scientist are given much attention, including the issues of securing their rights and legitimate interests. The procedural status of a witness in criminal proceedings requires, in our opinion, additional investigation, including through the prism of securing the rights and legitimate interests of the person in conducting pre-trial investigation and judicial proceedings in criminal proceedings. Research into the problems of the theory and practice of witness immunity is relevant, as various aspects of witness immunity are controversial among both theorists and practitioners. Of course, it is, first and foremost, important for witnesses to have additional opportunities for state defense. The purpose of the article is to address topical issues arising from the reform of criminal procedural legislation, which has created some difficulties in law enforcement practice, including the implementation of the rules governing the institution of immunity of witnesses. In particular, this is explained by contradictory, sometimes unsuccessfully formulated provisions of the legislation itself, which are not always consistent with the implementation of the tasks of judicial reform. In addition, the article raises the problem of witness immunity classification. The authors' different perspectives on the concepts and components of witness immunity are examined. Discussion questions of the classification of the immunity of witnesses are revealed and its classification is divided into categories and categories of testimony provided by witnesses. The result of the study is to provide valid proposals for improving the legal regulation of the institute of immunity of witnesses in criminal proceedings. Witness immunity is a set of rules that exempt certain groups of witnesses from the obligation to testify in criminal proceedings, as well as exempt a witness from testifying against themselves. In this regard, the immunity of the witness is divided into two types of imperative (absolute, unconditional) and dispositive (relative, conditional).

scholarly journals Legal status of the company's share in own authorized capital under the Law of Ukraine “On limited and additional liability companies”: problems of legal regulation

2021 ◽  
Vol 11/1 (-) ◽  
pp. 31-36
Author(s):  
Volodymyr TSIUPRYK
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
General Meeting ◽  
Legal Regulation ◽  
Legal Nature ◽  
The Law ◽  
The Right ◽  
A Company ◽  
Authorized Capital ◽  
A Share

Introduction. Nowadays, the issue of determining the legal status of the company's share in the own authorized capital of LLC and TDV has become quite acute, as evidenced by the adoption on July 28, 2021 by the Commercial Court of Cassation in Case № 904/1112/20, in which the Court established a new approach legal nature of such a phenomenon and expressed his own position on the understanding of the legislation concerning the legal status of the share of LLC and TDV in its own authorized capital. Given that a limited liability company is the most popular type of legal entity that is chosen to conduct business in Ukraine, the analysis of this issue is relevant. Some scientific value for the development of the transfer of the participant's share are the works of individual authors devoted to the study of the legal nature of the share in the authorized capital but the problems arising around the legal status of the company. in their own authorized capital in these works were only mentioned along with others, but did not receive a detailed separate study. The purpose of the paper is to analyze the normative regulation of the legal status of the company's share in the own authorized capital of LLCs and ALCs, identification of shortcomings in their legal regulation and implementation, as well as the search for ways to eliminate them. Results. One of the most relevant decisions concerning the subject of this article is the Judgment of the Commercial Court of Cassation in case № 904/1112/20 of July 28, 2021. The court in this case found that the votes attributable to the share belonging to the company itself are not taken into account when determining the results of voting at the general meeting of participants on any issues. However, Ukrainian legislation does not contain any direct norms that would prohibit the exercise of the right to manage a company in relation to itself on the basis of a share in its own authorized capital. That is why the company cannot be a participant in relation to itself, although they seem logical, but do not have sufficient regulatory support, and therefore do not allow to be firmly convinced of their compliance with the law. In view of this, it can be stated that there is a significant gap in the national legislation on this issue, which, in our opinion, the Court failed to “fill” with this decision in the case. Conclusion. In the Ukrainian legislation at the level of the Law of Ukraine “On Limited and Additional Liability Companies” Article 25 defines the possibility for a company to acquire a share in its own authorized capital. However, the regulation of the legal status of such a share cannot be called sufficient, due to which in practice there are certain problems in the implementation of the provisions of the legislation concerning the share of the company in its own authorized capital. The solution of these legal problems is necessary to ensure the highest quality and clarity of the law, as well as to form case law with common approaches to understanding a single rule.

scholarly journals Implementation of conciliation procedures in socio-cultural and legal dimensions

2021 ◽  
Vol 118 ◽  
pp. 02013
Author(s):  
Svetlana Petrovna Kazakova ◽  
Olesya Aleksandrovna Kukhareva ◽  
Ekaterina Viktorovna Tkachenko ◽  
Asiya Nailevna Yusupova ◽  
Dimitri Oleynik
Keyword(s):  
Law Enforcement ◽  
Objective Assessment ◽  
Legal Regulation ◽  
Controversial Issues ◽  
Systematic Method ◽  
Legal Method ◽  
The Russian Federation ◽  
Dialectical Analysis ◽  
Rule Making

The study’s objective is to develop theoretical provisions revealing the conceptual features of forming and implementing conciliation procedures. The authors pay special attention to the most controversial issues that prevent their dissemination in the Russian Federation. The methodological basis of the study consisted of dialectical analysis, which allowed to evaluate the results of rule-making and law enforcement; the comparative-legal method contributed to an objective assessment of the quality of existing legislation; the systematic method allowed to interpret the categorical apparatus on the example of studying “conciliation procedures”; the method of legal modeling allowed to formulate a model of conciliation procedures, which has a separate, independent place in the legislation of several countries. The result of the work was to draw attention to the meaning of “conciliation procedures” in its empirical and functional aspect and to prove that conciliation procedures, with their objective and subjective justification, are a fundamental category of modern objective law, in which the freedom of choice of subjects of law is not limited to permissive and administrative means, but must be justified by the essence of the dispute being resolved and the final result. The study’s novelty is the conclusion that in some cases, the reference to legislation providing for “conciliation procedures” for legal entities is not always consistent and does not reflect its ontological nature. For, conciliation procedures, expressing an example of the permissive rule of Russian legislation with the peculiarities of its legal regulation of certain legal institutions, should be aimed at developing voluntary settlement by the parties to a legal dispute as a special type of social conflict.

scholarly journals Evolution of legal regulation of activity forms of members of representative bodies of local self-government in the Ukrainian lands within Austria-Hungary and pre-revolutionary Russia

2020 ◽  
Vol 4 (4) ◽  
pp. 110-118
Author(s):  
Ivan Omelko
Keyword(s):  
Local Government ◽  
Legal Status ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Liberal Democratic ◽  
Regulation Of Activity ◽  
Local Representative ◽  
The Russian Empire ◽  
Xix Century ◽  
Rule Making

The article deals with historical and legal aspects of the normative regulation of the forms of activity of the representative bodies of local self-government and their members on the Ukrainian lands, which were part of Austria-Hungary and pre-revolutionary Russia. It is shown that during the 60-90s of the XIX century, there was an accumulation of experience in the normative consolidation of the legal status and organization of the work of local representative bodies, the formation of the main forms of their activity. Attention is drawn to the fact that in both empires the adoption of liberal legislation on local self-government led to the activation of local rule-making. The content of national and local acts regulating the forms of activity of representative bodies of the late XIX – early XX centuries is analyzed. In its modern form, local government developed in the nineteenth century. as a result of the victory of liberal-democratic reforms in the world's leading states. Therefore, consideration of the evolution of legal regulation of the forms of activity of deputies of domestic local representative bodies should begin in the 1860s, when in Austria-Hungary and the Russian Empire, which at that time included Ukrainian lands, local government began almost simultaneously. The period of functioning of representative bodies of local self-government in the Ukrainian lands as a part of Austria-Hungary and pre-revolutionary Russia (1862-1917) should be considered as the first stage of evolution of forms of activity of deputies of local councils in modern Ukraine. This was the stage of initiating the normative consolidation and practice of implementing the forms of activity of the deputy corps of domestic representative bodies of local self-government.

THE RIGHT TO LOCATE AND PROSPECTS OF ITS LEGAL REGULATION IN UKRAINIAN LEGISLATION

2017 ◽  
Author(s):  
Valeriy Aveskulov ◽  
◽  
Yuliia Deresh ◽  
Albina Romanchuk ◽  
◽  
...  
Keyword(s):  
Working Conditions ◽  
Legal Status ◽  
Protective Action ◽  
Legal Regulation ◽  
Economic Pressure ◽  
Foreign Experience ◽  
Labor Legislation ◽  
Foreign Countries ◽  
European Experience ◽  
The Right

This article is devoted to the study of the right to lockout, the legal status and procedure of which are not regulated in the labor legislation of Ukraine. The article considers the experience of foreign countries and options for legislative consolidation of the right to lockout. It is established that there are two types of lockout - defensive and offensive, the first of which acts as a reaction of the employer to the strike. The offensive does not require such a precondition as a workers' strike and is a means for the employer to impose its working conditions. Based on this, it was determined that most countries allow the employer to resort to such a measure if the lockout is defensive, but the procedure for its implementation contains a number of restrictions. The article analyzes the provisions of the European Social Charter, the Law of Ukraine "On the Procedure for Resolving Collective Labor Disputes (Conflicts)", the Draft Labor Code of Ukraine dated 04.12.2007 № 1108, the Draft Labor Code of Ukraine dated 27.12.2014 № 1658, the Draft Labor Code of Ukraine 08.11.2019 № 2410-1, Draft Labor Code of Ukraine dated 08.11.2019 № 2410, Draft Law on Strikes and Lockouts dated 27.12.2019 № 2682. The article considers the views of domestic scholars on the feasibility of enshrining in Ukrainian law the employer's right to lockout, some of which consider it appropriate to allow the right to lockout as a protective action of the employer in response to workers' strike, but with some restrictions. Other scholars advocate a direct ban, as such an employer's right may violate workers' right to strike. Based on the positions of scientists, foreign experience and analysis of numerous legislative attempts to determine the legal status and procedure of the right to lockout, a variant of its enshrinement in the labor legislation of Ukraine is proposed to balance the rights and interests of employees and employers and avoid economic pressure on employees. The authors consider it appropriate to consolidate the right to lockout if it is defensive, following the example of European experience.

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