scholarly journals Models of Constitutional Justice as an Important Element of Constitutional Justice: The Foreign Experience

Russian judge ◽  
2021 ◽  
Vol 2 ◽  
pp. 52-54
Author(s):  
Larisa V. Yun ◽  
Keyword(s):  
Mixed Model ◽  
National Legislation ◽  
European State ◽  
Foreign Experience ◽  
Constitutional Justice

The article examines the models of the implementation of constitutional justice as an important element of constitutional justice. Each European state is characterized by one or another model of constitutional justice characterized by its own characteristic criteria. Recently, it can be said that the existing models of constitutional justice are combined into a mixed model by integrating their features into the national legislation of a separate state.

scholarly journals Exercising of Constitutional Justice in Luxembourg and Liechtenstein: The Foreign Experience

Russian judge ◽  
2020 ◽  
Vol 12 ◽  
pp. 56-58
Author(s):  
Larisa V. Yun ◽  
Keyword(s):  
Legal Analysis ◽  
International Treaties ◽  
Constitutional Review ◽  
National Legislation ◽  
Foreign Experience ◽  
Constitutional Justice ◽  
Grand Duchy

The article deals with the implementation of constitutional justice in the Grand Duchy of Luxembourg and the Principality of Liechtenstein. The author carries out a comparative legal analysis of the constitutional norms enshrined in the national legislation of the states under consideration. In Luxembourg, one of the features of constitutional justice is the consideration of cases through preliminary constitutional review. In Liechtenstein, the constitutionality is checked taking into account the innovations of international treaties.

The Role Of Legal Personnel In Raising Legal Awareness In The Society

2020 ◽  
Vol 02 (12) ◽  
pp. 52-55
Author(s):  
Amirov Zafar Aktamovich ◽  
Keyword(s):  
Educational Institutions ◽  
National Legislation ◽  
Foreign Experience ◽  
The People ◽  
Local Law ◽  
The Republic ◽  
Legal Training

This article analyzes the data provided by local law educational institutions and the Chamber of Advocates of the Republic of Uzbekistan, as well as national legislation of the Republic of Uzbekistan and foreign experience. Analysis showed critical lack of legal personnel in comparison with the people of the Republic of Uzbekistan at the lack of legal training a couple of times population. Concluding the research, proposals and recommendations to increase the number of lawyers in the country were given.

scholarly journals THE FOREIGN EXPERIENCE OF IMPROVEMENT OF NATIONAL LEGISLATION IN THE FIELD OF ELECTRONIC REGULATION STATE REGISTERS

2019 ◽  
pp. 47-50
Author(s):  
O. O. Bernaziuk
Keyword(s):  
Electronic State ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Unified Approach ◽  
Telecommunication System ◽  
National Legislation ◽  
Foreign Experience ◽  
Legal Principle ◽  
Characteristic Features ◽  
State Registration

The article is devoted to the study of foreign experience of improving national legislation in the field of regulation of the organization of electronic state registers. The author analyzed scientific conceptual approaches to defining the concept of state registration, on the basis of which a number of characteristic features of state registration were distinguished. Based on the scientific and legal analysis, it is concluded that the objects of state registration may include, in particular: information about natural and legal persons, things (movable and immovable), property and other rights (property rights, leases, easements, etc.), documents (regulations, court decisions, statutes, etc.), legal facts (birth, death, acquisition or loss of citizenship, formation, reorganization, liquidation of a legal entity, public association, commencement or termination of a pre-trial investigation, enforcement On proceedings, etc.). The author analyzes foreign experience of countries such as Georgia, Germany, Sweden in the field of legal relations arising in the sphere of state registration and organization of electronic state registers. Based on the analysis, it is concluded that one of the significant shortcomings of national legislation in the field of legal relations arising in the field of state registration is the lack of a single legislative approach to the formation of the list of information about the object of state registration. In order to improve the legal regulation of state registers, including in the light of foreign experience in this field, the author has developed the following proposals, in particular, to introduce a unified approach to: defining the concept of “state registry” (as an information and telecommunication system), “state registration” (as a type of state activity); the procedure of keeping state registers, if their holder is one body; Introduce the legal principle of determining the amount of information about a state registration object, in particular: extending the information contained in public registers and minimizing information in non-public registers.

Traffic Violations: A Study of Measures Aimed at Bringing Perpetrators to Justice

2018 ◽  
Vol 9 (1) ◽  
pp. 112
Author(s):  
Yerzhan Maratovich KHAKIMOV
Keyword(s):  
Present Article ◽  
Traffic Safety ◽  
Road Safety ◽  
Administrative Law ◽  
National Legislation ◽  
Foreign Experience ◽  
Legal Enforcement ◽  
Foreign Countries ◽  
Traffic Violations ◽  
The Republic

The article is devoted to a study of administrative and legal enforcement actions against violators of road safety (RS) laws used in the Republic of Kazakhstan and some foreign countries. The aim of the present article is to analyze ways of bringing to justice the perpetrators of traffic offences in the national legislation of Kazakhstan and some foreign countries, to assess their effectiveness and the possibility of using foreign experience in the national legal field. The article examines the foreign organizational and legal experience in the application of administrative responsibility for violators of RS laws and the administrative regulations of Kazakhstan; the conclusions have been made, and the recommendations for further improvement of measures to bring to justice violators of RS laws have been given. The author subjects the use of the fine as the main mechanism for bringing to justice perpetrators of the traffic violations to fair criticism. Based on the study of normative materials on administrative law and the experience of foreign countries in counteraction to RS violations, the author suggests ways to eliminate causes and conditions for committing traffic safety violations and formulates the proposals for further improvement of the administrative legislation of the Republic of Kazakhstan, in particular, excluding the prevarication when using the data of photo and video fixation of traffic offences. The main provisions and conclusions of the article can be used in scientific and practical activities in addressing the issues of law violation prevention, the comparative characteristics of the norms of responsibility for RS violations of Kazakhstan and foreign countries laws, and in the subsequent reform of statutory regulations on administrative offences.

scholarly journals The policy of minimizing of fallouts of banking crisis in Ukraine

2011 ◽  
Vol 8 (2) ◽  
pp. 102-110
Author(s):  
Oksana Gyrba ◽  
Iurii Galych ◽  
Yaroslav Khomutenko
Keyword(s):  
Financial Crisis ◽  
Regulatory Authority ◽  
Banking Crisis ◽  
Banking System ◽  
Sharp Decrease ◽  
Foreign Markets ◽  
National Legislation ◽  
Foreign Experience ◽  
Macroeconomic Indicators

Ukrainian economy faced sharp decrease in 2008, which was characterized by general deterioration in macroeconomic indicators. Such situation and influence of foreign markets led Ukraine to the financial crisis which started in banking system. Ukrainian banking crisis was accompanied by changes in national legislation. There are 3 ways of minimizing of fall-outs of banking crisis in Ukraine. They are as follows: temporary administration, nationalization and liquidation. Ukrainian anti-crisis steps, which were implemented, were compared with foreign experience. The question is whether these steps were as successful as some of foreign ones or not. Analysis which was made showed imperfection of national legislation, lack of interaction between state regulatory authority and lack of effective long-term strategy.

scholarly journals To the question about the problems of the application of the norms model legislation: foreign experience

2019 ◽  
pp. 61-64
Author(s):  
Dmitrij Domrachev ◽  
Andrey Kirillovyh
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Systems ◽  
Law Enforcement Agencies ◽  
National Legislation ◽  
Foreign Experience ◽  
Domestic Legislation ◽  
The Right

The article deals with the essence of model legislation acts, as well as their place and role in the regulation of social relations within the legal systems of national legislation. As materials for research normative legal acts, decisions of law enforcement agencies, acts of official interpretation of the right and the doctrinal positions stated in scientific sources are used. The main problems and prospects of development of the mechanism of implementation of model legislation in the domestic legislation of states.

scholarly journals On Constitutional Justice in Germany and Spain: The Foreign Experience

Russian judge ◽  
2020 ◽  
Vol 11 ◽  
pp. 43-45
Author(s):  
Alsu R. Garifullina ◽  
Keyword(s):  
Individual Characteristics ◽  
Constitutional Court ◽  
Constitutional Courts ◽  
High Importance ◽  
Foreign Experience ◽  
Legal Structure ◽  
Constitutional Justice

The article deals with the organizational and legal structure of constitutional courts in Germany and Spain. The Constitutional Court of each of the considered European states has its own individual characteristics. The organizational and legal structure of the constitutional justice carried out in these states is distinguished by an internal specific organization and competencies assigned to both judges and the apparatus of constitutional courts, which allows us to speak of the high importance of the implementation of constitutional justice.

scholarly journals Denationalization of enforcement proceedings: foreign experience and prospects for Implementation in the Russian Federation

2021 ◽  
pp. 45-58
Author(s):  
Alekseу Yur'evich Kravtsov ◽  
Dmitrii Ivanovich Makushev
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Mixed Model ◽  
Legal Regulation ◽  
Foreign Experience ◽  
Current State ◽  
Partial Transfer ◽  
The Russian Federation ◽  
The Government ◽  
Basic Characteristics

Current state of the world economy and the development of private law institutions implies limited interference of the government in the activity of the actors of social relations based on their equality, autonomy of will, and property autonomy. Foreign experience demonstrates that the transfer of certain public functions from the government to nongovernmental or private entities yields positive results. One of such spheres of activity is the enforcement of court decisions and acts of other branches, which in a number of countries is carried out by private executors. At the same time, the effectiveness of the nongovernmental model of enforcement proceedings first and foremost depends on the quality of legal regulation. This article is dedicated to the analysis of Russian and foreign models of enforcement proceedings. The authors explore the mechanisms of denationalization of the state system of enforcement of executive documents and the prospects for its implementation in the Russian Federation. The scientific novelty of the research consists in the development of the key vectors of reforming the system of enforcement proceedings in the Russian Federation associated with partial transfer of the authority on enforcement of executive documents from bailiffs to private enforcement agents. It is noted that recently the rate of enforcement of executive documents has not been sufficient to indicate the effectiveness of enforcement proceedings, which is primarily substantiated by the increased workload of bailiffs. The conclusion is made on the need to reform the mixed model of enforcement proceedings in the Russian Federation, which includes two links: governmental and nongovernmental. The basic characteristics of such a model are formulated.

The Right Of A Husband (Wife) To Inherit At The Factual Dissolution Of Marriage

2020 ◽  
Vol 02 (12) ◽  
pp. 100-107
Author(s):  
Yusupova Oysha Matnazarova ◽  
Keyword(s):  
Legal Rights ◽  
Marriage And Family ◽  
Inheritance Law ◽  
National Legislation ◽  
Foreign Experience ◽  
Foreign Countries ◽  
The Status ◽  
The Republic ◽  
The Right ◽  
Law Of Succession

In many foreign countries today, the development trends of marriage and family show that along with the officially strengthened relationship between husband and wife, the factual relationship is also becoming more important. This in turn affects the couple’s right to inherit. The rapidly evolving processes of interstate integration and globalization make it necessary to improve the inheritance rights of couples in the law of succession, which is relatively conservative in nature. The aim of this research is to improve the existing inheritance law of the Republic of Uzbekistan by defining the criteria for declaring a marriage relationship between the spouses in practice and studying the scope of the spouses' legal rights to inherit in the event of the actual dissolution of the marriage. To achieve this goal, the following tasks have been identified: to clarify the status of the couple, to analyze the actual dissolution of the marriage as an obstacle to the exercise of the right of inheritance, development of proposals to improve national legislation on the rights of spouses to inheritance through the study of foreign experience.

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