scholarly journals SYNCHRONIZATION OF PROCEDURAL AND FINANCIAL (BANKING) FUSE OF THE IMMUNITY OF PROPERTY RIGHTS

Author(s):  
V. Kantsir ◽  
V. Kushpit ◽  
A. Palyukh ◽  
I. Tsylyuryk ◽  
I. Kantsir

Abstract. The article is devoted to analysis of the effectiveness of the main procedural legal and financial (banking) mechanisms designed to ensure the protection of property rights’ immunity. The legally regulated procedures of such protection are analyzed on platforms — both procedural and legal as well as financial and economic. There is no doubt that only in a state where the immunity of property is declared and guaranteed to the person can be provided the development of economic, intellectual, socially oriented activities. The effect of the principle of immunity of property rights is not absolute, but its restrictions are possible only on the grounds and in the manner prescribed by law. The topicality of the inviolability of property rights is due to the role of law as a platform for citizens’ property independence and their participation in the processes of social reproduction. The guarantee of property independence is the right of ownership of property and non-property rights, which is realized by giving a person the right to freely, unimpededly, and fully exercise the rights of the owner of personal property. The compliance of the inviolability of property rights during criminal proceedings is not properly ensured in the current CPC (The Criminal Procedure Code) of Ukraine; in particular, the movement of confiscated property is not regulated, which questions the novelty of inviolability. To improve the procedure for the protection of property rights, this is necessary to regulate at the legislative level the mechanism of protection and restoration of property rights of persons victimized by criminal offenses. The etymology of «inviolability» guarantees by law the protection of the status of the person from any encroachment. Inviolability in the economic and legal context is mainly understood as a person’s legal status, which is an unalterable guarantee against unauthorized restrictions by the state institutions — law enforcement, financial, court, and individuals and legal entities. An attempt is made to accumulate most of the latest achievements (both legislative, theoretically investigative and applied) on the issues of legal regulation of the studied financial and legal relations, based on which scientific views are substantiated, and proposals are developed to improve regulations in this area. The main vectors of economic and legal mechanisms for the protection of the inviolability of property rights, which would correlate with generally accepted European and world standards, have been identified. Keywords: the inviolability of property rights, property rights, principles of proceedings, judicial protection, seizure of property, financial guarantee, financial risks. JEL Classification G28; К14 Formulas: 0; fig.: 0; tabl.: 0; bibl.: 12.

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Saadulaev A.I. ◽  

The right to go to court, including administrative, is one of the most important rights of citizens guaranteed by the Constitution and laws of Ukraine. In addition to the general constitutional right to judicial protection, in particular, Art. 7 of the Law of Ukraine «On the Judiciary and the Status of Judges» of 02.06.2016 № 1402-VIII, guarantees everyone the protection of his rights, freedoms and interests within a reasonable time by an independent, impartial and fair court established by law. Foreigners, stateless persons and foreign legal entities have the right to judicial protection in Ukraine on an equal footing with citizens and legal entities of Ukraine. Access to justice for every person is ensured in accordance with the Constitution of Ukraine and in the manner prescribed by the laws of Ukraine. However, along with the guaranteed right to apply to the court of foreigners, stateless persons (refugees, migrants, immigrants), such a category of subjects of administrative proceedings as apartheid remained outside the scope of domestic law. In order to eliminate the shortcomings of the legislative regulation of the legal status of apartheid in Ukraine, the author came to the conclusion that it is necessary to eliminate the existing shortcoming by amending the Law of Ukraine «On Legal Status of Foreigners and Stateless Persons» of 22.09.2011 № 3773-V. Keywords: legal status, foreigners, migrants, apartheid, justice, legislation


Author(s):  
Ruslan Skrynkovskyy ◽  
◽  
Mariana Khmyz ◽  
Vitaliy Hudyma ◽  
Valentyn Liubarskyi ◽  
...  

The article reveals the main aspects of the independence of professional judges as a constitutional basis of their legal status. It is established that the main aspects of the independence of judges as the constitutional basis of their legal status in Ukraine are regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges», the Law of Ukraine «On the High Council of Justice», the Law of Ukraine «On Ensuring the Right to a Fair Court», the Law of Ukraine «On Restoring Confidence in the Judiciary in Ukraine», the Law of Ukraine «On Purification of Power». It is determined that the independence of the judiciary is guaranteed by the state and acts as a constitutional and legal basis for the functioning and activity of the judiciary. It was found that the independence of judges is a key element of the professional status of judges. It has been determined that a judge, in administering justice, must be independent of influence, pressure or interference from unlawful sources. It was noted that state authorities and local self-government bodies, as well as their officials and officials, individuals and legal entities, are obliged to respect the independence of judges, as well as not to encroach on it. It has been established that a judge in the context of administering justice is independent, therefore, taking measures to ensure the independence of judges is one of the main responsibilities of the High Council of Justice. It has been established that every year the number of violations by offenders on the independence of judges in the context of their administration of justice is increasing. It was determined that most often encroachment on the independence of judges in Ukraine occurs on the part of law enforcement agencies, people's deputies, deputies of local councils, other representatives of state authorities and local self-government bodies, lawyers, as well as in cases of violation of law and order in a court session, disruption of court hearings, blocking courts, making various threats to judges, committing physical pressure on judges or members of their families, damaging their property, as well as the property of courts, disseminating inaccurate information in relation to judges. It was found that the low level of guarantees for the independence of judges has an indirect effect on reducing the possibilities of exercising the right to exercise judicial protection. It is noted that the prospects for further research in this direction are the study of the legal foundations of the procedure for the selection and appointment of professional judges in the context of constitutional and legal requirements for candidates.


Author(s):  
Vitaliy Hudyma ◽  
◽  
Myroslav Kovaliv ◽  
Andriy Pryveda ◽  
Khrystyna Kaydrovych ◽  
...  

The article is devoted to the study of guarantees as an element of the legal status of a judge. The article considers the effectiveness of justice by the judiciary as an independent branch of state power, which is entrusted with the function of protecting the rights and legitimate interests of persons in the state. It is argued that the right to judicial protection can be properly realized only if there is an effective mechanism of judicial protection, which becomes real if there are guarantees for the activity of a judge. The independence and independence of the judiciary is due to the constitutional principle of separation of powers, proclaimed in the Constitution of Ukraine. However, it is in democracies that this principle acquires special significance, because we are talking about legally enshrined guarantees and effective mechanisms of «containment and balances» in the organization and activities of various branches of government. Each of the branches of government – legislative, executive and judicial, independently performs only its inherent functions, not obeying each other. Decisions are made by the judiciary due to their independence, because no additional approval by the bodies of other branches of government is required. The most important prerequisite for this is the protection of the judiciary from unlawful influence or interference from other actors. Only an independent judiciary can become the guarantor of the rule of law, the implementation of effective and accessible justice and a fair judicial decision of cases in the state. The guarantees of the judge's activity in the administration of justice are divided into three groups: guarantees of the procedural activity of the judge as the bearer of judicial power, the subject of the process; organizational and legal guarantees for the activity of a judge as a person holding a public office and is a member of the judicial community; social and legal guarantees of a judge as a citizen with a special legal status, limited in civil rights by legislation on the status of judges and occupying a separate position in society.


2020 ◽  
Vol 13 (1) ◽  
pp. 96-107
Author(s):  
Dwi Susiati ◽  
Sri Setiadji

Abrasion is a natural disaster that results in the owner of the right to land losing the right to control, use or take advantage of the land, because the land is lost in part or in whole due to erosion by water. Article 27 of the Law On Agraria determines that property rights over land are destroyed if the land is destroyed. In this study, the author will analyze the legal status of property of land affected by abrasion with the formulation of the problem What is the legal status of property rights on land affected by abrasion according to Government Regulation Number 24 of 1997 concerning Land Registration and how to guarantee the protection of affected land rights abrasion. The results of this study are that the status of land rights affected by abrasion is abolished, both in the provisions of the Law On Agraria and Government Regulation Number 24 of 1997 concerning Land Registration because it is no longer compatible with physical data or juridical data as a strong evidence. The government has an obligation to provide guarantees and protection of rights to land affected by abrasion and those that have been affected by abrasion in part or in whole. On the basis of the state's right to control Article 2 of the Law On Agraria the state has the right to regulate land use, inventory, and maintenance to prevent and reduce the impact of abrasion on its citizens. The government can also provide compensation as contained in Article Number 24 of 2007 concerning Disaster Management which determines that the Government and regional governments are responsible for the implementation of disaster management.Abrasi merupakan bencana alam yang mengakibatkan pemilik hak atas tanah kehilangan hak untuk menguasai, menggunakan, atau mengambil manfaat atas tanah, karena tanah tersebut hilang sebagian atau seluruhnya akibat pengikisan oleh air. Pasal 27 UUPA menentukan hak milik atas tanah hapus, apabila tanahnya musnah. Pada penelitian ini, penulis akan menganalisa tentang status hukum hak milik atas tanah yang terkena abrasi dengan rumusan masalah Bagaimana status hukum hak milik atas tanah yang terkena abrasi menurut PP No. 24 Tahun 1997 tentang Pendaftaran Tanah  dan bagaimana jaminan perlindungan hak-hak tanah yang terdampak abrasi. Hasil dari penelitian ini adalah bahwa status hak atas tanah yang terkena abrasi adalah hapus, baik dalam ketentuan UUPA maupun PP No. 24 Tahun 1997 tentang Pendaftaran Tanah karena tidak sesuai lagi dengan data fisik maupun data yuridis sebagai alat bukti yang kuat. Pemerintah mempunyai kewajiban untuk memberikan jaminan dan perlindungan hak-hak atas tanah yang terdampak abrasi maupun yang sudah terkena abrasi baik sebagian maupun seluruh tanahnya. Atas dasar hak menguasai oleh negara Pasal 2 UUPA negara berhak mengatur peruntukan, penggunaan, persediaan,dan pemeliharaan tanah untuk mencegah dan mengurangi dampak abrasi bagi warga negaranya. Pemerintah juga dapat memberikan ganti kerugian sebagaimana yang ada di dalam UU No. 24 Tahun 2007 tentang Penanggulangan Bencana yang menentukan bahwa Pemerintah dan pemerintah daerah menjadi penanggung jawab dalam penyelenggaraan penang-gulangan bencana.


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 15 (2) ◽  
pp. 396-404
Author(s):  
OL’GA P. ALEKSANDROVA ◽  
LYUDMILA YU. BUDANOVA

Introduction: the article deals with the issues of protection of the rights and freedoms of persons against whom criminal proceedings are carried out to prove them guilty of committing a crime; these issues have always been in the focus of attention of the progressive world community and the legislator. Aims: to analyze the legislation and law enforcement practice of Russia and some other countries in the field of the implementation of the right to protection by persons against whom criminal procedural activities are carried out to prove them guilty of committing a crime, to identify problem issues of a legal nature in this field, and to formulate scientifically substantiated recommendations to address them (minimization). Methods: the dialectical method of scientific knowledge forms the methodological basis of our study. We also use the following methods of scientific cognition: systematic, formal-logical, comparative-legal, etc. Results: the practice of ensuring the right to protection from suspicion or charge, including the decisions of the European Court of Human Rights, shows that not all issues of legal regulation in this area have been resolved to a degree that satisfies science and practice; human rights established by international legal standards are still being violated, the principle of adversarial parties in criminal proceedings is not implemented to the fullest extent, especially in pre-trial proceedings. Discussion: currently, the following issues are debatable: about the possibility of participation of the defender before an official suspicion or charge is brought against the person in an initiated criminal case (from the moment of the beginning of the implementation of procedural actions against a person, aimed at verifying the report of a crime and the involvement of the person in the commission of this crime, before the initiation of a criminal case, as well as from the moment of the implementation of a procedural action in an initiated criminal case affecting the rights and freedoms of the person against whom it is being carried out, and aimed at proving them guilty of committing the crime); about the possible participation of another person as a defender upon the request of the defendant, as well as the scope of the requirements such persons should comply with, and a set of criteria, according to which a decision should be made to allow the individual who does not have the status of defense attorney to act as a defender. Conclusions: based on the results of the study, we formulate proposals for improving the criminal procedure legislation aimed at expanding the scope of possible participation of a defender in criminal proceedings at the stage before the official suspicion or charge is brought, and determining the procedure for considering applications for allowing other persons who do not have the status of defense attorney to act as a defender. Keywords: Criminal prosecution; defender; defense attorney; petition


Author(s):  
Yevhenii Kompanets

The article is devoted to the study of use of the specialist’s knowledge and the results of his participation in criminal proceedings(providing a report) as a means of proving the crimes towards intellectual property rights. The purpose of involvement of the specialistand tasks handled by the specialist during pre-trial investigation and trial have been considered. The legal status of the specialist hasbeen analyzed, vagueness and incompleteness of the specialist’s rights have been emphasized, absence of the mechanism of involvement of the specialist and the procedure of formalizing the results of his/her participation in criminal proceedings has been stated. Ithas been proved why in the majority of cases the specialist of the right holder/official manufacturer serves as the subject of applyingspecial knowledge in the crimes related to infringement of intellectual property rights.The practice of use of the specialist’s knowledge (providing a report) in the course of pre-trial investigation, trial and evaluationof the specialist’s report by the courts, including ECtHR has been provided. Decision of ECtHR stresses the importance of recognitionand evaluation of the specialist’s report as evidence, it is of universal significance for all parties to the criminal proceedings and it willstrengthen their positions. The possibility of use of knowledge of the specialist (right holder/official manufacturer) not only in thecourse of investigative actions has been substantiated.Amendments to the CPC of Ukraine are proposed, which are aimed at simplifying proving and increasing the efficiency of pretrialinvestigation body in crimes of this category, namely to elaborate and expand the rights/the list of actions of the specialist (examinationof items/documents), to determine the mechanism of involving the specialist, to include the specialist’s report in the list of documents,which serve as written evidence.


2020 ◽  
pp. 94-111
Author(s):  
Ivan Vladimirovich Grigorev

The subject of this research is the normative legal acts of Russian and international legislation regulating the peculiarities of pension security of the migrant workers . The article outlines the problems of demographic situation in Russia, examines the questions f attracting foreign workforce from the historical perspective, determines the characteristics and provides scientific definition to the concept of "migrant worker", analyzes the legal status of foreign citizens applicable to pension security. Detailed analysis is conducted on intergovernmental agreements that establish the framework for acquisition and reservation of the right of migrants with regards to pension security. Special attention is turned to the case law materials, as well the factors of acquisition of rights to non-contributory pension by migrants in the Russian Federation. The scientific novelty consists in conducting a comprehensive research of legal regulation of pension security of the migrant workers in Russia. The article reveals the transformation of contractual practice of intergovernmental regulation of the questions granting pensions to the migrants, prioritizing the proportional principle of structuring contracts and agreements. The author’s special consists in conducting scientific analysis of the content of the “Pension Agreement for Working Population of the EAEU Member States” of December 20, 2019, which determines the peculiarities of right to pension security, establishes size of payments based on length of employment. The main conclusions consist in the description of several alternatives of regulation of relations in the area of pension security of the migrant workers, depending on the status of foreign citizen, presence of intergovernmental agreement, and their content. Recommendations are formulated on the improvement of the current Federal legislation.


2018 ◽  
Vol 5 (2) ◽  
pp. 128-153 ◽  
Author(s):  
I Cvetkova

This article evaluates the legal framework of cryptocurrency in various countries. The new currency instrument is abstract currencies. They are currencies in the sense that they can be exchanged peer-to-peer. They are representations of numbers, i.e. abstract objects. An abstract currency system is a self-enforcing system of property rights over an abstract instrument which gives its owners the freedom to use and the right to exclude others from using the instrument. Cryptocurrency or virtual currency is a cryptographically protected, decentralized digital currency used as a means of exchange. Due to the development of new technologies and innovations, the rate of use of virtual currency is rapidly increasing throughout the globe, replacing not only cash payments and payments by bank transfer, but also electronic cash payments. Among the best-known representatives of cryptocurrencies are Bitcoin, Litecoin and Ethereum. Legal scholars have not yet reached a consensus regarding the nature and legal status of virtual currency. Virtual currency possesses the nature of obligations righ ts as well as property rights, since it may be both a means of payment and a commodity. Depending on the country, the approach to cryptocurrencies may be different. Today there is already an international cryptocurrency community that does not have a single coordinating center. Only progressive jurisdiction and state regulation of cryptocurrency activity will allow the creation of the conditions that will ensure the implementation of legitimate and safe cryptocurrency relations.


2020 ◽  
Author(s):  
Yuliya Samovich

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.


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