scholarly journals The Functional Competence of a Judge in Administrative Offense Proceedings

2021 ◽  
Vol 3 ◽  
pp. 16-22
Author(s):  
Olga V. Pankova ◽  
Keyword(s):  
Functional Competence ◽  
Legal Mechanism

The article considers the functional competence of a judge in the proceedings on administrative offenses as an element of his administrative-procedural status. In this case, the competence is defined as the basis of this status and at the same time-as an element of the procedural and legal mechanism for the implementation of justice in cases of administrative offenses. Revealing the content of the functional competence of the judge, the paper analyzes his jurisdictional and organizational-guiding procedural powers and gives their characteristics.

PROSPECTS FOR THE DEVELOPMENT OF THE LEGAL MECHANISM FOR THE FUNCTIONING OF PAYMENT SYSTEMS

2020 ◽  
Vol 13 (3) ◽  
pp. 079-084
Author(s):  
ELIZAVETA SALINA ◽  
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Payment System ◽  
State University ◽  
Payment Systems ◽  
Proper Functioning ◽  
Money Transfer ◽  
Level Of Significance ◽  
Transfer Services ◽  
Legal Mechanism

1 Lomonosov Moscow State University, Moscow, Russia The presented research reveals an approach to the construction of a legal mechanism for the functioning of payment systems. The proposed approach is based on the application of the principles of legal regulation. The purpose of a work is to determine the existing legal mechanism for the functioning of payment systems, identify its drawbacks and propose a new approach to legal regulation to ensure the proper functioning of payment systems. The proposed approach to legal regulation takes into account the specifics of the functioning of payment systems, which consists in the presence of three elements in its activities: institutional, procedural and organizational. These elements reflect the subject structure of the payment system, the process of providing money transfer services by them, and the ways in which payment system entities interact during providing payment services. Each of the elements must be defined within the legal framework of the payment system to ensure its proper functioning. The proposed principles of legal regulation take into account the features of these elements, in particular, the principles are classified into three groups, depending on the element they affect. The paper describes ways to implement the principles in the legal mechanism: the possibility of their direct application, depending on the type of significance of the payment system, is analyzed. It is also concluded that the implementation of the principles in the legal mechanism will reduce the regulatory burden on payment systems by using an approach depending on the level of significance of the payment system. The paper defines the role of the principles, which is that the principles allow to eliminate the legal gaps in the legislation on the national payment system, and prevent the emergence of new gaps.

Legal Mechanism of Using Agent/s Undercover in Crime Detection of Organized Crime Group

2020 ◽  
Vol 26 (2) ◽  
pp. 141-144
Author(s):  
Atanas Brandev
Keyword(s):  
Organized Crime ◽  
Criminal Procedure ◽  
Clear Distinction ◽  
Joint Training ◽  
Crime Detection ◽  
Organized Crime Groups ◽  
Legal Mechanism ◽  
Laws And Regulations

AbstractUsed by undercover agents in detecting and documenting crimes committed by the so-called. ‘Organized crime groups’ is a relatively poorly used but extremely effective method. The latter is a combination of criminal procedure and special laws and regulations. The full use of undercover agents requires further enhancement of the legal safeguards for the protection of the employees in question, as well as a clear distinction between acts performed by the employees in question, whether or not in connection with their undercover activities, with or without the implementation of different composition of crime. Attention should be paid to the mechanisms for the selection and joint training of the latter, including through the exchange of experience of EU partner services.

EXPERIENCE OF FINANCING HOUSING CONSTRUCTION IN BELARUS USING MECHANISM OF HOUSING BONDS

2020 ◽  
Author(s):  
E.V. Berzin
Keyword(s):  
Real Estate ◽  
Real Estate Market ◽  
Housing Construction ◽  
The Real ◽  
The Real Estate ◽  
Current Trends ◽  
The Real Estate Market ◽  
Circulation Mechanism ◽  
Legal Mechanism

The article studies the current trends in the use of housing bonds on the real estate market of Belarus, their legal mechanism. The problems and investment risks for owners of housing bonds, directions for improving the issue and circulation mechanism are disclosed.

Regulatory Framework and the Procedure for Canceling and Declaring Illegal (Invalid) Administrative Enforcement Acts

2020 ◽  
Vol 8 ◽  
pp. 5-14
Author(s):  
S. V. Yarkovoy ◽  
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Regulatory Framework ◽  
Assessment Methods ◽  
Federal Legislation ◽  
Legal Assessment ◽  
General Rules ◽  
Legal Mechanism ◽  
Legal Consequences

The article analyzes the norms of the current federal legislation governing the procedure for non-judicial and judicial review (cancellation, recognition as illegal or invalid) of enforcement acts of executive authorities and other public administration bodies. The Author notes the absence of a unified legal mechanism for the mentioned types of revision and points out the need for its development and consolidation in the federal administrative-procedural legislation. In order to formulate unified general rules for revising administrative enforcement acts, the necessity of solving a number of crucial issues of the theory of illegality (invalidity) of such acts, in particular, their invalidity and viability, defining criteria for their legal assessment, methods and legal consequences of their cancellation, is substantiated and possible answers are offered to these questions.

scholarly journals A Regional Review of Genetic Resource Access and Benefit Sharing – Key Issues and Research Gaps

2021 ◽  
pp. 1-24
Author(s):  
Clare Morrison ◽  
Fran Humphries ◽  
Charles Lawson
Keyword(s):  
Intellectual Property ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
National Level ◽  
Sustainable Use ◽  
Benefit Sharing ◽  
Comparative Approach ◽  
Future Research ◽  
Access And Benefit Sharing ◽  
Legal Mechanism

Countries are increasingly using access and benefit sharing (ABS) as a legal mechanism to support the conservation and sustainable use of the world’s biological diversity. ABS regulates collection and/or use of genetic resources/traditional knowledge and sharing benefits from their use with the provider. The purpose of this review is to assess the trends, biases and gaps of ABS literature using a regional comparative approach about the key topics of concern between each region. It analyses four key topic groupings: (1) implementation of international, regional and national ABS policy and law; (2) intellectual property and ABS; (3) traditional knowledge; and (4) research, development and commercialisation. Findings included gaps in: (1) analysing effectiveness of national level implementation; (2) addressing apparent conflicts between support for intellectual property promoting exclusivity for traditional knowledge and challenges to intellectual property exclusivity for patents; (3) examining traditional knowledge of local communities (in contrast to Indigenous Peoples); and (4) lack of practical examples that quantify benefit sharing from research and commercialisation outcomes. We conclude that future research addressing the identified gaps and biases can promote more informed understanding among stakeholders about the ABS concept and whether it is capable of delivering concrete biological conservation, sustainable use and equity outcomes.

Sign in / Sign up

Export Citation Format

Share Document