scholarly journals Attorney as the Main Subject of Qualified Legal Assistance Rendering

2021 ◽  
Vol 2 ◽  
pp. 17-22
Author(s):  
Marina I. Lavitskaya ◽  
Keyword(s):  
Legal Profession ◽  
Legal Regulation ◽  
Constitutional Rights ◽  
Legal Assistance ◽  
Legal Aid ◽  
Federal Law ◽  
Main Subject ◽  
Legal Definition ◽  
Full Development ◽  
Definition Of

The article examines the features of the legal regulation of the legal profession and the advocate as the main subject of the provision of qualified legal assistance. The author comes to the conclusion that now there is a need for a legal definition of the concepts of «legal aid» in general, and «qualified legal aid» in particular. This must be done within the framework of federal law, which could legally manifest semantically those concepts that currently exist only at the doctrinal level. For the full development of the system of providing qualified legal assistance with the aim of the fullest realization of constitutional rights, it is necessary to strengthen state mechanisms for the protection of rights and freedoms, and to reform non-state mechanisms, in particular, the legal profession.

scholarly journals Attorney as the Main Subject of Qualified Legal Assistance Rendering

2021 ◽  
Vol 2 ◽  
pp. 17-22
Author(s):  
Marina I. Lavitskaya ◽  
Keyword(s):  
Legal Profession ◽  
Legal Regulation ◽  
Constitutional Rights ◽  
Legal Assistance ◽  
Legal Aid ◽  
Federal Law ◽  
Main Subject ◽  
Legal Definition ◽  
Full Development ◽  
Definition Of

The article examines the features of the legal regulation of the legal profession and the advocate as the main subject of the provision of qualified legal assistance. The author comes to the conclusion that now there is a need for a legal definition of the concepts of «legal aid» in general, and «qualified legal aid» in particular. This must be done within the framework of federal law, which could legally manifest semantically those concepts that currently exist only at the doctrinal level. For the full development of the system of providing qualified legal assistance with the aim of the fullest realization of constitutional rights, it is necessary to strengthen state mechanisms for the protection of rights and freedoms, and to reform non-state mechanisms, in particular, the legal profession.

To the Issue of Bringing Legal Definitions in the Normative Legal Regulation of National Security and Its Individual Types into a Single System: Legal and Theoretical Dimension

2021 ◽  
Author(s):  
O.A. Kolotkina ◽  
Keyword(s):  
Strategic Planning ◽  
National Security ◽  
Legal Regulation ◽  
The State ◽  
Federal Law ◽  
National Interests ◽  
Legal Space ◽  
Industry Affiliation ◽  
Definition Of ◽  
The Individual

The article deals with the issues related to the definition of the essence, role and meaning of legal definitions in the regulatory legal regulation of national security. The author emphasizes the uniqueness of the phenomenon of national security, which acts as a guarantor of ensuring the national interests of the state, society, and the individual and as a basis for the unhindered implementation of the strategic national priorities of the state. It is possible to ensure these interests and implement strategic priorities by creating an effective legal regulation that includes various legal means, as well as regulatory requirements. An important role in the regulatory legal regulation is played by legal definitions, which contain definitions of concepts that act as integral elements of the legal basis for ensuring national security. It is indicated that legal definitions of concepts are generally binding and contribute to the formation of a single legal space. It is stated that the current Federal Law «On Security» does not contain a legislative definition of key concepts in the field of national security. The article raises the problem of unification of the conceptual and categorical apparatus in the field of ensuring national security, through the adoption of fundamental documents of strategic planning. The author attempts to evaluate the legal definitions in the field under consideration in terms of their universality and industry affiliation, the problems of the completeness of their textual expression, as well as the state policy implemented in the field of national security. The author proposes the formulation of the concept «national security», which could become the basis for adjusting the legal definitions of certain types of national security, enshrined in legislative acts and strategic planning documents. The functions of legal definitions in the regulatory legal regulation of national security are identified and disclosed.

Challenges of the Implementation of the European Charter of Local Self-Government in Bulgarian Legislation

2018 ◽  
Vol 16 (4) ◽  
pp. 915-927 ◽  
Author(s):  
Milena Hristova Stefanova
Keyword(s):  
Local Government ◽  
Central Government ◽  
Legal Regulation ◽  
Legal Definition ◽  
Definition Of ◽  
Local Significance

This article discusses the challenges of improving Bulgarian legislation in terms of the implementation of the European Charter of Local Self-Government. It proves the necessity to introduce a legal definition of the concept of a “matter of local significance”. In order to ensure the consistent implementation of decentralization, it is required to put in writing the rules for how the local and central government should interact. Both the tools as well as the mechanisms which are used in the decentralization process as well as the expansion of local self-government are in need of legal regulation. All of this aims to improve the effectiveness and efficacy of local government.

scholarly journals The Existence of the State's Role in Providing Prodeo Legal Aid to Citizens Who Are Not Able Based on Law Number 16 of 2011

2020 ◽  
Vol 2 (2) ◽  
pp. 111-128
Author(s):  
Helmy Yahya Rahma Aji ◽  
Raden Muhammad Arvy Ilyasa
Keyword(s):  
The State ◽  
Equal Treatment ◽  
Access To Justice ◽  
Legal Service ◽  
Constitutional Rights ◽  
Legal Assistance ◽  
Legal Aid ◽  
Protection Of Human Rights ◽  
The Law ◽  
Constitutional Right

Indonesia as a state of the law has guaranteed the constitutional rights of each of its citizens without exception as a form of protection of human rights contained in Article 1 paragraph (3) of the 1945 Constitution. Providing legal assistance to citizens who are unable as constitutional rights of every citizen and the State is obliged to protect the constitutional rights regarding obtaining guarantees, protections, and certainty of law that is fair and equal treatment before the law. Legal aid legally in Law Number 16 of 2011 is a legal service free of charge to legal aid recipients. The thing that becomes the basis for the provision of legal assistance by the State is because the State is responsible for providing legal assistance to disadvantaged citizens as a form of access to justice and equality before the law. The state has a role in terms of establishing regulations as the legal basis for implementing legal assistance for disadvantaged citizens. But in reality, in the development of legal aid, there are several problems between legal aid providers (advocates) and the State as a guarantor of the constitutional right to the realization of justice and equality before the law for every Indonesian citizen, including the poor.

scholarly journals ANALISIS BANTUAN HUKUM MELALUI ARBITRASE SYARIAH DALAM MENYELESAIKAN SENGKETA PERBANKAN SYARIAH

PRANATA HUKUM ◽  
2020 ◽  
Vol 15 (2) ◽  
pp. 183-198
Author(s):  
Muslih
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Poor People ◽  
Access To Justice ◽  
Constitutional Rights ◽  
Legal Assistance ◽  
Legal Aid ◽  
Informal Justice ◽  
Banking Regulations ◽  
National Legal System

Legal aid had the meaning of access to justice, which was the ability of people to seek and obtain restoration of their rights only through formal and informal justice court. The provision of legal aid providers in Law Number 16 of 2011 was a guarantee of the constitutional rights for the person or group of people which were categorized as poor people. Political law was something which underlies the basic policy of the promulgation of a regulation and the basic policy of the enactment of a certain regulation in the national legal system. The regulation and enforcement of sharia banking regulations in Indonesia from a political perspective of Islamic law was to be understood worthily, the existence of sharia banking regulations in Indonesia currently strengthened the theory of positivism of Islamic law and strengthened the paradigm of prophetic legal in the national legal system. According to the authors, the regulations contained in Law Number 16 of 2011 concerning legal aid, the most important thing was to provide legal assistance as a tool in law enforcement and justice. The legal assistance can be carried out in existence when the subject of legal aid, law enforcers and law institutions of sharia arbitration (Basyarnas) was functioning properly. Occasionally, the political view of Islamic law which had the main objective was the formation of justice products based on the Qur'an, Al-Hadith, Ijma and Qias in the concept and practice levels. Then the implementation of Law Number 16 of 2011 concerning legal assistance by Shari'ah arbitration in resolving Islamic banking disputes, with clear processes or mechanisms and agreements, arbitration agreement clauses before or after related to the agreement from the beginning was to provide convenience in resolving banking disputes or non banking disputes.

scholarly journals Affiliation of legal entities: reality and prospects

2019 ◽  
Vol 2019 (3) ◽  
pp. 83-88
Author(s):  
Сергей Тычинин ◽  
Sergey Tychinin ◽  
Олег Скопенко ◽  
Oleg Skopenko
Keyword(s):  
Russian Federation ◽  
Conflicts Of Interest ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Entity ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
Definition Of ◽  
Legal Entities

The relevance of the study of the problem of affiliation of legal entities is determined by the lack of a coherent legal mechanism to ensure the resolution of conflicts of interest between dependent persons. As of today, Russian legislation as a whole does not contain clear provisions regarding the concept of the affiliation of legal entities. Certain laws contain only separate independent concepts, for example, the concept of “affiliation” is used in the Civil Code of the Russian Federation; in the Federal Law «On Competition» - the concept of «group of persons»; in the Tax Code of the Russian Federation - the concept of «interdependent persons». Therefore, the study of the problem of settling relations with affiliates deserves special attention. The objectives of this study are the systematization and analytical study of the legal regulation of the institution of the affiliation of legal entities. In the course of the study, the authors used the following methods: analysis and synthesis, modeling, comparison, analysis of the regulatory framework, synthesis, formal legal method The article examines the issues of legal regulation of the affiliation of a legal entity. The definition of the concept of “affiliation” is given, criteria and signs of affiliation of a legal entity are defined, various scientific approaches to the definition of this category are given, problems of correlation with economic and other types of relations between affiliates are explored. In the course of the study, the authors came to the conclusion that the institution of affiliation in its present form undoubtedly needs to be reformed. It is necessary to develop a unified law, reflecting all the nuances of the concept of “affiliation” and the features of the transactions with affiliated persons.

scholarly journals Limits of permissible intervention in biomedical studies of somatic human rights

2020 ◽  
pp. 92-96
Author(s):  
Myroslava Hromovchuk
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Biomedical Research ◽  
National Level ◽  
Central Place ◽  
Legal Regulation ◽  
Constitutional Rights ◽  
Moral Ideal ◽  
The One ◽  
Definition Of

The article examines the features of the essence and content of the constitutional principles of human rights as a basis for legalregulation of biomedical research of somatic human rights. The author reveals the essence and content of international and nationallegal principles of human biomedical research. It was found that there are currently no standards of legal regulation of human rightsprotection during biomedical research at the national level and at the level of international acts in this field. It is pointed out that theissue of human and civil rights and freedoms in the conditions of formation and development of civil society in democratic states occupiesa central place. It is established that the effective provision of constitutional rights and freedoms of man and citizen is associatedwith the need for restrictions in their implementation. It is determined that it is of fundamental importance that the attitude to law, tohuman rights and freedoms for the Ukrainian legal consciousness is impossible only through the awareness of a certain moral ideal asa goal in one’s own life. Therefore, any legal problem for the Ukrainian mentality is inextricably linked with the values of goodnessand justice, truth and humanity.It is noted that the approaches to the definition of “freedom” have both common and different features or certain clarificationsregarding certain manifestations. Without resorting to controversy about the truth or falsity of each of them, by generalizing their content,we can conclude that freedom, on the one hand, is an action according to their own desires, on the other - an action against them.The limits of permissible intervention in conducting biomedical research with human participation have been studied, as well asthe ethical examination of biomedical research as a way to protect human rights has been determined.

scholarly journals PERAN PELAKSANA PENYULUHAN HUKUM KANTOR WILAYAH KEMENTERIAN HUKUM DAN HAM BANTEN DALAM SOSIALISASI BANTUAN HUKUM GRATIS BAGI MASYARAKAT TIDAK MAMPU

2020 ◽  
Vol 3 (1) ◽  
pp. 1-15
Author(s):  
Anton Aulawi ◽  
Ratu Mimi Darniasih
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
The State ◽  
Constitutional Rights ◽  
Legal Assistance ◽  
Legal Aid ◽  
State Budget ◽  
Regional Office ◽  
The Poor ◽  
Rule Number

The purpose of this research was to determine the role of Legal Counselors in the Regional Office of the Banten Ministry of Law and Human Rights in the socialization of free legal aid for the poor. In this research the authors use a methodology with a qualitative approach. In the research to be conducted, researchers will use three data collection techniques, by interview, observation, and documentation. The results of this research are that legal aid regulated by Rule Number 16 of 2011 years concerning Legal Aid, is the state's obligation to provide the rights of every citizen to get legal protection and human rights, especially for the poor. The provision of legal aid as a state obligation to implement the constitutional rights of the poor is to provide funding to legal aid organizations with the State Budget. The state is present to provide legal assistance, one of which is by means of the Regional Office of the Ministry of Law and Human Rights Banten. The method of socialization about free legal assistance to the poor is done by legal counseling activities with direct and indirect methods; firstly, legal counseling is carried out solely by law enforcement officers from the Regional Office of the Ministry of Law and Human Rights Banten. Secondly, legal counseling is carried out by accredited legal aid organizations but with budgets derived from legal aid funds from the state  with the authority of budget users from the Ministry of Law and Human Rights.

scholarly journals Argumentation in Favor of the Legal Confirmation of the Principle of Good-Faith Discharge of Tax Obligations

Taxes ◽  
2021 ◽  
Vol 1 ◽  
pp. 7-12
Author(s):  
Maryana B. Napso ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Point Of View ◽  
Good Faith ◽  
Legal Definition ◽  
Direct Dependence ◽  
Complex Approach ◽  
The Russian Federation ◽  
Definition Of

Throughout studying of a problematics of conscientiousness in article the question of legislative fastening of a category of conscientiousness from the point of view of various approaches is considered. Considering the complex approach necessary in questions of legal definition of the maintenance of this or that category, the author insists on introduction of concepts of conscientiousness, the diligent tax bearer, a presumption of conscientiousness not only and it is not so much within the limits of separate norms and articles, how many on necessity of reduction of maintenance НК the Russian Federation according to them. The legal regulation in such context when conscientiousness is a letter and spirit of the law, demands revision of set of its positions, concerning legal status of tax bearers, tax departments, tax agents, banks, a legal regulation of actions of tax control and consideration of their results, the tax information etc. Hence, for the author it is a question of giving to legal regulation of a certain orientation, a formulation new концепта, according to which: 1) the diligent person always has advantage before unfair, and the more so before the defaulter; 2) the diligent person cannot be put in the worst position, than unfair; 3) granting of tax privileges demands a recognition of the person the diligent; 4) application of special tax modes is put in direct dependence on a recognition of the person by the diligent. Thus, in a basis of legal regulation of a principle of conscientiousness the author puts the approach based on a recognition of a difference of legal status of persons depending on execution by them of a duty on payment of taxes that, in its opinion, to the greatest degree corresponds to taxation major principles — compulsions, generality, equality and justice.

Special features of conducting operative-searching measures for search of missed without trace individuals

2020 ◽  
Vol 2020 (2) ◽  
pp. 158-164
Author(s):  
Aleksandr Karyakin
Keyword(s):  
Historical Development ◽  
Service Providers ◽  
Full Range ◽  
Legal Regulation ◽  
Constitutional Rights ◽  
Federal Law ◽  
Order Problem ◽  
Existing Problems ◽  
Communication Methods ◽  
Modern Condition

Presented article deals with emerging and historical development of legal regulation of searching for missed without trace individuals. Modern condition of searching for missed without trace individuals and suggestions for improving said work. Article deals with aspects of conducting operative-searching measures during accomplishing tasks of searching for missed without trace individuals. Questions are raised more often in enforcement practices about possibility of conducting operative-searching measures that restrict citizen rights during searching for missed without trace individuals. Taking into account advancements and availability of modern communication methods, initial operative-searching measures of searching for missed without trace individuals are nearly impossible without acquiring data from service providers, which in turn require judicial order. Problem of conducting series of operative-searching measures that restrict citizen’s constitutional rights within the missing person case before instituting a criminal proceeding remains unsolved. Existing problems are presented and examined by author, according to his practical activities in the department of internal affairs, including in mentioned line of work. During searches for missed without trace individuals, it would be appropriate to legally allow organization and conduction of full range of operative-searching measures listed in Federal Law №. 144-FZ dated 12 august 1995 «On operative-searching activities», including those that restrict constitutional rights and freedoms of citizens.

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