On Interaction between Prosecutors and Specialists when Exercising Supervisory Powers outside the Criminal Law Sphere

2021 ◽  
Vol 16 (12) ◽  
pp. 212-220
Author(s):  
D. V. Kocheva,

Prosecutors outside the criminal law sphere have the power to identify violations of the law, such as the right to demand that the heads and other officials “supervised” by the prosecutor’s office assign specialists to clarify the issues that have arisen. The conclusions of knowledgeable persons, clothed in material form, are in demand among law enforcement officers in various spheres of public life. At the same time, scientists and practicing lawyers have accumulated a number of issues concerning the legal status of a specialist in the Russian legislation, which also affect prosecutorial activities. In the paper, the author attempts to call interested researchers to a scientific discussion about the need for improvement of the legal regulation of the relevant legal relationship. Thus, the author outlines the results of the analysis of the legal regulation of the mechanism of cooperation between specialists and prosecutors in the course of the latter’s supervision over the implementation of laws, the observance of human and civil rights and freedoms, existing theoretical developments, personal experience of work in the prosecutor’s office.

Author(s):  
Darina Viktorovna Kocheva

The subject of this research is the public relations established in exercising of such a power by the prosecutor on detection of violations of laws outside the criminal law sphere as the right to demand from the policy makers and other officials “supervised” to the prosecutor's office the allocation of specialists. Findings of the experts in the material form are in demand among the law enforcement officers in different spheres of social life, including due to their evidentiary potential. The relevance of this research is defined by the fact that the scholars and practicing legal experts have accumulated a range of questions to the legal status of a specialist in the Russian legislation, which also pertains to the prosecutor's activity. The novelty consists in the author’s substantiation of the need to improve legal regulation of the corresponding legal relations based on comparison of the norms that regulate the mechanism of cooperation between specialists and prosecutors in supervision by the latter of compliance with laws, rights and freedoms of human and citizens, analysis of theoretical groundwork on the topic, and personal practical experience in the prosecutor's office. The article reveals the gaps in the existing legal regulation. This work may be valuable for the practitioners of the prosecutor's office, as well as bodies “supervised” to the prosecutor's office, scholars in the area of prosecutor's activity, legal experts, students, and postgraduates.


2021 ◽  
pp. 5-8
Author(s):  
A.A. Korennaya

In this article, the author examines the issues of the criminal legal status of digital currency as an objectand as a means of committing a crime. In 2020, a special Federal law was adopted defining the legal status ofdigital assets, as well as amendments were made to the Civil Code of the Russian Federation concerning theestablishment of the legal status of cryptocurrency or digital currency in the terminology of these regulationsas an object of civil rights. Significant changes in the civil legal regulation of cryptocurrencies have led to achange in approaches to assessing the criminal legal status of virtual money. In particular, the recognitionof digital currency by other property has allowed solving a number of qualification issues, but until now,criminal law is very cautious about the official recognition of cryptocurrency as the subject of a crime. Theauthor of the work offers options for the qualification of crimes committed using digital currency, in theabsence of changes in the criminal law and explanations of the Highest Court.


2021 ◽  
pp. 23-29
Author(s):  
Iryna YEFREMOVA

Introduction. Adoption of new laws of civil and substantive law, the novelty of legal relations governed by the rules of these laws, the complexity of civil conflicts arising from these legal relations, require a high level of legal protection, compliance with the rule of law by all members of society. Only the law allows interested parties to choose the form of protection. This form can be traditional – jurisdictional (provides for the establishment of a body and procedure for the protection of violated rights), and non-jurisdictional (but certainly allowed by law), which may resort to interested parties. obstacle to the exercise of the right. Resolution of legal conflicts is possible not only through a jurisdictional form of protection. A non-jurisdictional form of protection of civil rights is the independent protection of a person of his violated rights. That is, the person does not apply to the competent state authorities. In fact, it is the commission of actual actions aimed at protecting and securing their personal property and other non-property rights. The purpose of the paper is a thorough study of models of non-jurisdictional protection of property rights in the system of protection of civil rights by analyzing the theoretical and practical aspects of using alternative methods of protection of private rights in general and mediation. Result. It is determined that the non-jurisdictional form of protection of civil rights is the actions of citizens and organizations aimed at protecting their own civil rights, freedoms, and legally protected interests. It is noted that these actions are carried out and implemented by eligible entities independently, without seeking legal assistance from government agencies and structures, as well as officials. It is determined that the mechanism of legal protection is implemented in non-jurisdictional ways in the field of legal regulation when it is necessary to overcome and eliminate obstacles that arise in the exercise of rights and legitimate interests of the subject of law, in other words – to quickly protect (ensure) legal status. It is determined that in international practice, namely in European countries, the basis of non-jurisdictional protection of property rights is mainly in the use of negotiation and mediation procedures. Non-jurisdictional form, which is usually local in nature, is achieved as a result of actual actions, occurs not in jurisdictional or procedural forms, but within the protected substantive legal relations, which are the subjects of such legal relations (usually imply The main difference between jurisdictional and non-jurisdictional forms of protection of rights is that the protection of rights in jurisdictional form is carried out by the competent state and public authorities with each of them a certain procedural order of activity, while protection in a non-jurisdictional form takes place within the framework of a substantive legal relationship and is carried out by the parties themselves in the legal relationship. Conclusion. The study proves that in Ukraine, priority should be given to the development of various forms of out-of-court dispute resolution. The basis for this should be the legislative consolidation of out-of-court settlement of civil disputes as one of the basic principles of protection of violated private rights (of course, without revoking or replacing the right to judicial protection). Non-jurisdictional methods of protection of private rights are defined in the legislation of Ukraine and can be used due to the dispositive nature of the civil law method of regulation. However, this is insufficient, as participants in civil legal relations in case of violation of their rights are primarily confronted in the law with a defined right to judicial protection of violated rights, and often consider the court as the only possible form of protection.


2021 ◽  
Vol 11/1 (-) ◽  
pp. 31-36
Author(s):  
Volodymyr TSIUPRYK

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.


2020 ◽  
Vol 11 ◽  
pp. 30-33
Author(s):  
Tatyana R. Pozharskaya ◽  

An analysis of the amendments made to the Constitution of the Russian Federation in 2020 made it possible to conclude that the provisions concerning the judicial protection of fundamental human and civil rights and freedoms are stable. The role and content of the legal regulation of the participation of the prosecutor in the implementation on behalf of certain participants in civil proceedings of this right emphasizes the specifics of his procedural position. At the same time, the existence in the legal doctrine and in law enforcement practice of various positions that determine the legal status of the prosecutor in the exercise of the constitutional right to judicial protection, and the lack of a unified approach to resolving this issue give rise to constant interest in this problem. In this study, through the prism of analyzing the content of the procedural rights and duties of the prosecutor, the grounds for the implementation by the prosecutor of constitutional guarantees for protecting the interests of society and the state protected by law, the determinism of his legal status in civil proceedings is substantiated.


2021 ◽  
Vol 66 ◽  
pp. 96-102
Author(s):  
V.M. Logoida

The article is devoted to the study of the experience of legal regulation of the legal status of cryptocurrencies and transactions with them in Asian countries (except for the People's Republic of China and Asian countries - members of the Commonwealth of Independent States, as the author examined them in separate publications). In the article the author, based on the study of regulations, administrative and judicial practice of all major countries in this part of the world, emphasizes the divergent trends in cryptocurrency transactions regulation in the region, when some countries move from a liberal approach to the use of cryptocurrencies to their total ban and vice versa. It is noted that almost all countries in the region give a legal assessment of the payment function of cryptocurrencies, using regulatory or prohibitive approaches, depending on the chosen policy, which indirectly confirms their understanding of the legal nature of cryptocurrencies primarily as a means of payment. At the same time, these countries not only categorically distinguish cryptocurrencies from fiat money issued by central banks, but also mostly avoid the official definition of cryptocurrency as private (decentralized) cash, preferring to qualify them as an intangible asset, virtual asset, digital asset, financial value and even a good or service, which is currently a kind of compromise between political expediency and economic realities. The author also notes that the Asian region is characterized by very active attempts to resolve the legal status of cryptocurrencies at the legislative level, and not just administrative or judicial response to the actual legal relationship, although the progress of different countries in this matter is different. As a result, the author concludes that in the Asian countries considered in the article, there is no same view on the legal nature of cryptocurrency, its qualification as an object of civil rights, and ways to regulate transactions with it (libertarian approach, positive-cryptocurrency approach but with detailed government regulation and control or a completely restrictive policy in relation to the cryptocurrency market).


Author(s):  
Valeriy Aveskulov ◽  
◽  
Yuliia Deresh ◽  
Albina Romanchuk ◽  
◽  
...  

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.


Author(s):  
Dmitriy I. Frolov

The purpose of this work is to give a brief analysis of the legal status of spiritual Christians Molokans in the Russian Empire, following the dynamics of state legal regulation. The problem of the individual sectarian groups status remains little studied in both domestic and foreign literature, which determines its relevance. We use the following research methods: chronological, problem and analytical. We analyze the norms of administrative and criminal law in force in the 19th - early 20th centuries in the Russian Empire, which regulate the rights and obligations of subjects assigned to the Molokan sect. The analysis showed that the legal impact of the state on the Molokans was repressive and causal throughout most of the studied period. Only the reign of Alexander I was marked by a loyal attitude towards sectarians. After the revolutionary events of 1905, a number of civil and religious freedoms were granted to the Molokans, however, one cannot speak of the religious equality of all subjects during this period. After 1905, specialized acts were passed regulating the procedure for registering communities, holding conventions, organizing religious education, and other areas of public relations.


10.12737/397 ◽  
2013 ◽  
Vol 1 (1) ◽  
pp. 0-0
Author(s):  
Андрей Богустов ◽  
Andrei Bogustov

The subject of research is the notion and the features of a bond as a subject of the Polish civil law. The aim of research is the exposure of the current trends of legal regulation of bond issue and handling on example of the legislation of Poland. The methodological basis of the research contains the comparative law approach. In the course of investigation the author has come to the conclusion that the legislation of Poland governing the issue and handling of bonds reflects a number of current trends of the development of civil law as following: the differentiation of legal regulation of the securities market, the unacceptance of the universal concept definition of the term «security», the dematerialization of the securities, the approximation of the legal status of a share and a bond, the enhancement of the measures of the corporation’s shareholders and debt holders protection, the approximation and mutual loanword of the common and continental law countries legislation, the extention of the frame of reference of legal civil rights represented with securities.


2002 ◽  
Vol 20 (2) ◽  
pp. 225-277 ◽  
Author(s):  
Julie Novkov

For over one hundred years—from the post–Civil War era to the post–Civil Rights era—the state of Alabama maintained a legal and social commitment to keeping blacks and whites from engaging in long-term sexual relationships with each other. Recent studies addressing the laws that barred miscegenation have shown that investigating governmental reactions to intimate interracial connections reveals much about the interplay between legal and social definitions of race as well as about the development of whiteness as a proxy for superior social, political, and legal status.


Sign in / Sign up

Export Citation Format

Share Document