scholarly journals Constitutional and Legal Foundations of Parliamentary Control in the Republic of South Ossetia

2021 ◽  
Vol 16 (10) ◽  
pp. 191-201
Author(s):  
O. A. Kochieva
Keyword(s):  
Legal Framework ◽  
Legal Analysis ◽  
South Ossetia ◽  
Control Functions ◽  
Legislative Body ◽  
Foreign Countries ◽  
Effective Form ◽  
Legal Foundations ◽  
The Republic ◽  
Active Implementation

Parliamentary control is recognized as the most effective form of influence on government bodies (primarily executive bodies) in the implementation of its main functions by the legislative body. Parliamentary control is of great importance to ensure a balance between the legislative and executive branches of government, as it is one of the main elements of the system of checks and balances. Parliamentary control in the Republic of South Ossetia has its own characteristics and specific features, even taking into account the desire of the South Ossetia legislator to converge national and Russian legislation. The author provides a characteristic of the forms of parliamentary control and mechanisms for the implementation of these forms, based on the legal framework and established practice. A comparative legal analysis of certain forms of parliamentary control with similar ones in the Russian Federation and a number of other foreign countries has been carried out. It is concluded that the absence of a system-forming act in the field of parliamentary control for the highest representative and only legislative body of the Republic of South Ossetia is not an obstacle to the active implementation of its control functions.

scholarly journals Public Interest Opposite the Freedom of Contractual Will in Administrative Contracts in the Republic of Albania

2017 ◽  
Vol 6 (s2) ◽  
pp. 37-48
Author(s):  
Artan Spahiu
Keyword(s):  
Public Interest ◽  
Legal Framework ◽  
The State ◽  
Private Law ◽  
Legal Analysis ◽  
Administrative Contract ◽  
The Public ◽  
General Arrangement ◽  
Role Of The State ◽  
The Republic

Abstract The protection of the public interest is the main principle governing the activity regulation of the administrative bodies. This activity, traditionally, has been developed through administrative acts, as an expression of the unilateral and authoritarian willpower of public authority, which creates legal consequences. The administrative act has been and remains the most important instrument for the administration bodies to accomplish their mission, but it is no longer effective. Particularly this lack of efficiency is noticed in recent years when the development of the economy and the needs of the evergrowing society have prompted the administration to adapt its activity by making use of other mechanisms “borrowed” from private law. An important part of public activity can also be achieved through the contract as a way that brings the state closer to the private, mitigating its dominant position and leaving space for the efficiency of private activity to fulfil public engagements. Such contracts today are known as “administrative contracts” or “public contracts”. The terms mentioned above are instruments that establish legal relations, for the regulation of which the principle of public interest is opposed and competes with the principle of freedom of the contractual willpower. The regulation of these types of contracts is reached through the private law, which constitutes the general normative framework of contracts (lex generalis) even for the administrative contracts. But this general arrangement will have effect for as long as it does not contradict the imperative provisions of the specific act of public law (lex specialis), which regulates the administrative procedure for the completion of these contracts. This paper aims to bring to the spotlight the way our legislation predict and regulates administrative contracts, by emphasising particularly the features of their dualistic nature. The coexistence and competition of the principles of the freedom of contractual willpower and the protection of the public interest, evidenced in administrative contracts, is presented in this paper through the legal analysis of the Albanian legal framework which regulates these contracts. Under the terms when the role of the state in providing public services tends to increase and our legislation aims the harmonization in accord with the European legislation, it is necessary to improve the administrative contract regulation and extend its scope of action.

Criminalistic Registration: Features and Prospects for Developing Kazakh and Foreign Practices

2019 ◽  
Vol 9 (5) ◽  
pp. 1759
Author(s):  
Gulnur Khasenovna SADYRBEKOVA
Keyword(s):  
Information Technologies ◽  
Evidence Base ◽  
Legal Framework ◽  
Historical Background ◽  
Registration System ◽  
Registration Data ◽  
Current State ◽  
Information Interaction ◽  
Legal Foundations ◽  
The Republic

This article examines the features of criminalistic registration in the Republic of Kazakhstan. Criminalistic activities play a significant role in fighting against crime and aim to uncover and investigate offences, to create the evidence base which is necessary for exposing and convicting criminals. Criminalistic registration is an integral part of these activities and their informational component, the use of which is fundamental for successful crime investigation in modern conditions. The article aims to analyze the current state of criminalistic registration in the Republic of Kazakhstan, to study foreign experience and present prospects for the formation and use of criminalistic registration data. The author of the article searches historical background of the modern criminalistic registration system, its organization and legal framework in the Republic of Kazakhstan, the global experience of combining and using different information databases to investigate crimes, assess the possibilities of advanced information technologies and international information bases to fight against crimes. As a result, the author has evaluated the criminalistic registration in Kazakhstan, its organizational and legal foundations, and prospects for its further development. The article suggests creating unified information system at the global level which will provide more opportunities for the use of forensic information. The novelty of the article lies in the fact that it proposes ways of international information interaction in order to fight against crime based on a deep analysis of the global use of forensic information bases.

scholarly journals Legal regulation in the field of genetically modified organisms (GMO) turnover in Russia and foreign countries

2021 ◽  
Vol 25 (1) ◽  
pp. 32-66
Author(s):  
Ramilya G. Novikova
Keyword(s):  
Production Efficiency ◽  
Genetically Modified Organisms ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Gm Food ◽  
Foreign Countries ◽  
Genomic Studies ◽  
Food Taking ◽  
And Control

One of the most relevant issues, which todays society face is the use of advanced technologies in the field of GMO and GM-food. Taking a look at the world map of law we can see diverse legal regulation of GMO turnover, especially in the context of regulation and control of genomic studies and their practical application, risk assessment of uncontrollable GMO spreading and technologies of genetic editing of organisms including at the level of research planning. The comparative legal analysis of foreign regulation (including in dominant jurisdictions), provided in this article allows revealing those distinctions, determining the basic tendencies in GMO legal development and connected products with GMO components, including the matters of control with regard to GMO turnover. The analysis allowed drawing several recommendations on borrowing foreign experience for the sake of revising Russian regulation, i.e., taking regulatory measures to develop the relevant sphere of social relationships - legal acts, governmental decrees, etc. oriented towards the development of biotechnologies, raising confidence of citizens in genetics, stimulation of GMO production efficiency, and innovative development. Russia is a member of the Eurasian Economic Union (EAEU); therefore, the article discusses the national laws of these countries concerning GMO and contains recommendations for harmonizing the legal framework of the supranational level in the field of GMO turnover.

scholarly journals BIOBANKŲ SAMPRATA IR STATUS QUO LIETUVOJE

Teisė ◽  
2015 ◽  
Vol 92 ◽  
pp. 80-95
Author(s):  
Edvinas Meškys
Keyword(s):  
Detailed Analysis ◽  
Legal Framework ◽  
Status Quo ◽  
Research Projects ◽  
Specific Research ◽  
Foreign Countries ◽  
Research Biobanks ◽  
The Republic ◽  
Definition Of ◽  
Legal Barriers

Šiame straipsnyje siekiama atskleisti žmogaus biobanko sampratą ir parodyti šios sampratos įvairiapusiškumą užsienio šalių praktikoje, dėl kurio dažnai atsiranda teisinių kliūčių bendrai plėtoti tarpvalstybinius ar tarptautinius mokslinius projektus, kurti europinį biobankų tinklą. Kartu bandoma palyginti biobanką su kitomis biologinių mėginių kolekcijomis ir nustatyti, koks biobanko apibrėžimas galėtų būti priimtinas Lietuvoje. Galiausiai, daug dėmesio straipsnyje skiriama atskirų Lietuvos Respublikos įstatymų analizei, siekiant įvertinti, ar esama teisinė aplinka sukuria pakankamą pagrindą kurti ir plėtoti specifinius mokslinius biobankus Lietuvoje. Šis straipsnis – įvadas į daug detalesnę, su moksliniais biobankais susijusių probleminių klausimų analizę. This article aims to reveal the definition of human biobank and show the diversity of this definition in foreign countries‘ practice, which often creactes legal barriers for development of intercountry or international scintific research projects, creation of European biobanks‘ network. Additionally, this article aims to compare the biobank with other collections of biological materials and identify the most appropriate definition for Lithuania. Finally, considerable attention is paid for the analysis of separate laws of the Republic of Lithuania in order to evaluate if exsiting legal framework creates a sufficient ground for establishment and development of specific research biobanks in Lithuania. This article is a introduction to a more detailed analysis of the problematic aspects of research biobanks.

Constıtutıonal and legal basıs for foundatıon and actıvıtıes of the Mıllı Majlıs of the Republıc of Azerbaıjan as a legıslatıve body

2021 ◽  
Vol 7 (3C) ◽  
pp. 595-606
Author(s):  
Elshad Eldar oqlu Hasanov
Keyword(s):  
Present Stage ◽  
Parliamentary Elections ◽  
Blockchain Technology ◽  
Stage Of Development ◽  
Legislative Body ◽  
The People ◽  
Legal Foundation ◽  
Legal Foundations ◽  
The Republic

This article examines the constitutional and legal foundations of the formation and activities of the Milli Majlis (Parliament) of the Republic of Azerbaijan as a legislative body. As a result of research, the author emphasizes the role of transparent, democratic and fair parliamentary elections at the present stage of development of parliamentarism for the full expression of the interests of the people in legitimate legislative and indirect legislation, the need to restore the practice of mixed elections in the formation of the Milli Majlis. Considers it expedient to use blockchain technology in the elections to the Milli Majlis of the Republic of Azerbaijan by making appropriate changes to the current electoral legislation, and also puts forward other important scientific provisions and proposals aimed at forming and improving the constitutional and legal foundation of the Milli Majlis of the Republic of Azerbaijan.

scholarly journals COMPARATIVE LEGAL ANALYSIS IN THE FIELD OF ENVIRONMENTAL PROTECTION POWERS OF SELF-GOVERNMENT BODIES IN FOREIGN COUNTRIES

2016 ◽  
Vol 2 (1) ◽  
pp. 0-0
Author(s):  
Джахонгир Сафаров ◽  
Dzhakhongir Safarov ◽  
Зафар Рузиев ◽  
Zafar Ruziev
Keyword(s):  
Environmental Protection ◽  
Environmental Control ◽  
The United States ◽  
The Self ◽  
Legal Analysis ◽  
The European Union ◽  
Nature Protection ◽  
Foreign Countries ◽  
Independent States ◽  
The Republic

On the basis of the provisions of environmental legislation, as well as laws on local self-government of the United States, the European Union and the Commonwealth of Independent States the comparative legal analysis of the self-government authority in the field of environmental protection is given. The specifics of powers of citizens’ self-government institute (mahalla) in the Republic of Uzbekistan in the sphere of environmental protection are determined. The classification of the environmental authorities of self-government bodies in such four key areas as organizing and conducting of environmental education and conservation work on the ground, implementation of public environmental control, the realization of the economic mechanism of nature protection and management in the field of ecology is offered. The conclusion about the possibility of using of the rules laid down in the legislation of studied states in the domestic legislation is made. The priority areas for further extension of powers of environmental government agencies are proposed. The prospects for improving the legal rules for the participation of self-government bodies in the field of nature protection, the expansion of the powers of environmental authorities of the self-government bodies in the field of environmental rights of citizens, as well as the strengthening of mechanisms to ensure environmental information by the selfgovernment bodies are studied.

scholarly journals Family Violence Resolution Strategies. Legal Prevention and Education Against Ignorance

2022 ◽  
Vol 25 ◽  
pp. 174-183
Author(s):  
Firuza Mukhitdinova
Keyword(s):  
Domestic Violence ◽  
Preventive Measures ◽  
Legal Framework ◽  
Social Processes ◽  
Social Consequences ◽  
Legal Analysis ◽  
Historical Aspects ◽  
The Social ◽  
Methodological Approaches ◽  
The Republic

The article analyses the strategies for reducing the phenomena of domestic violence, focusing on the legal preventive measures. It highlights the historical aspects of the problem, by referring to the legal framework, in trying to overcome it. By introducing the causes and the nature of the domestic violence in Uzbekistan, leveraging into a theoretical, historical and legal analysis, social measures are weighted in relation to the domestic violence. The methodological approaches in the study of social processes of domestic violence are used meanwhile evaluating the social consequences of domestic violence, considering the correlation between the increased instability in the society and the level of social dissatisfaction of the population. The paper, by referring to the Laws of the Republic of Uzbekistan “On the Protection of Women from Oppression and Violence”, as well as to several other laws and regulations on regard, makes a review to the reforms and notebooks such as “iron notebook”, “youth” and “women”, where special attention is paid to the correlations between unemployment of youth and women and the phenomena of domestic violence.

scholarly journals Experience Of The Justice Bodies In Foreign Countries In The Field Of Law-Making: A Comparative Legal Analysis

2021 ◽  
Vol 58 (1) ◽  
pp. 2743-2748
Author(s):  
Kudryavtsev Igor Vladimirovich, Khujanazarov Azizjon Anvarovich
Keyword(s):  
Legal Analysis ◽  
Analysis Study ◽  
National Legislation ◽  
Foreign Countries ◽  
The Law ◽  
The Republic ◽  
Law Making

Objective: To analyze the experience of the justice bodies in foreign countries in the field of law-making. Methods: A comparative legal analysis study was conducted. It involved 10 justice bodies in foreign countries between Asia and other foreign countries in the field of law-making. Results: The results report the significant effectiveness of the law-making activities of the justice bodies in foreign countries and implementation of the experience about law-making in the activities of the justice bodies of the Republic of Uzbekistan. Conclusions: The study and comparison of the experience of the justice bodies of foreign countries in the field of law-making give suggestions for improving national legislation.

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