scholarly journals Ensuring Guarantees of the Rights of the Individual and the Inalienability of his Legal Status in the System of Legal Regulation

2021 ◽  
Vol 1 ◽  
pp. 21-29
Author(s):  
Alexander Vladimirovich Konovalov ◽  
Keyword(s):  
Rule Of Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Public Law ◽  
Synergistic Action ◽  
The Rule Of Law ◽  
The Core ◽  
Private And Public ◽  
The Individual ◽  
Different Levels

The article is devoted to the analysis of the general principle of law — ensuring guarantees of individual rights and the inalienability of his legal status. According to the author, they are provided by the synergistic action of private and public law regulation. The article convincingly shows that private and public law is a single system of values with different levels of generalization of terms and different methodology. At the same time, it is the private legal mechanisms that are the basis, the core of the rule of law.

scholarly journals CONSUMER CREDITING: CORELATION OF PRIVATE AND PUBLIC BASIS OF LEGAL REGULATION

2017 ◽  
Vol 21 (5) ◽  
pp. 170-177
Author(s):  
V. V. Bogdan ◽  
A. A. Kalinovskaya
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Public Law ◽  
Federal Law ◽  
Public Interests ◽  
Private And Public ◽  
The Stability ◽  
The Individual ◽  
Method Of Abstraction

In this article, the authors consider the modern legislation system on consumer crediting. The authors dwell on the problems of the correlation of certain legal acts in this sphere and focus on the Federal Law "On Consumer Credit (Loan)". Also they note the role of departmental and local acts regulating consumer crediting. The authors state the idea that the special mechanism for the implementation of the rights of borrowers, laid by the legislator, contains additional duties and restrictions for banks and other credit organizations that sell credit products to citizens, as much as is necessary to protect public interests. Such regulation of the legal status of borrowers correlates with the general ideas about the convergence of private and public law. Establishing a special legal status of the consumer citizen, the legislator reflects the interests of citizens, the interests of their counterparties, as well as public interests related to the need to ensure balanced interests of the individual, society and the state. In the process of research, the authors used analytical, formal-legal methods, the method of abstraction, which allowed to formulate conclusions on the conducted research. The authors come to the conclusion that the legislation on consumer crediting is designed not only to protect the rights of a particular borrower, but also to ensure the stability of banking relations, avoiding abuses both on the part of borrowers and banks. At the same time, the legislation on consumer creditng is oriented not only to perform protective functions, but also regulatory.

scholarly journals The Principles of Administrative Law as a Prism for Assessing the Content of Normative and Legal Provisions: Opportunities for Identifying the Problems and Solutions

2019 ◽  
Vol 87 (4) ◽  
pp. 104-116
Author(s):  
V. O. Ivantsov
Keyword(s):  
Rule Of Law ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
Charitable Organizations ◽  
The Rule Of Law ◽  
Legal Provisions ◽  
The Law ◽  
The Individual ◽  
Corruption Prevention

The author of the article assesses the content of administrative normative and legal acts (on the example of legal regulation of restrictions on receiving gifts) through the prism of modern understanding of the principles of administrative law, which made it possible to distinguish a number of problems for determining the content of some of them and to work out the ways to solve them, namely: 1) Having studied the norms of the laws of Ukraine “On Prevention of Corruption” and “On Charitable Activities and Charitable Organizations” through the prism of the principle of humanism and justice in the relations between the individual and the state, it is proved that the legal possibility in the sphere of legal relations in the sphere cannot be restricted (forbidden) humanism and charity; 2) an analysis of the law enforcement practice of implementing the prohibition on gift giving has often revealed a flagrant violation of the rule of law; emphasized that ensuring the legal certainty of the described ban can be ensured by revealing its content by the National Anti-Corruption Agency; 3) installed: – uncertainty about the specific characteristics of “allowed gifts”, which requires amendments to the Law of Ukraine “On Corruption Prevention” to exclude them or to provide clear explanations within the framework of the NACC Guidelines; – violation of the provisions of the Typical Anti-Corruption Program of a Legal Entity approved by the Decision of NAPC No. 75 dated from March 2, 2017 No. 75 on the principle of hierarchical highness of law, which requires amendments to them in accordance with the provisions of the Art. 23 of the Law of Ukraine "On Prevention of Corruption", which defines uniform rules for determining the amount of "allowed gift"; – the content of the concept of "gift" does not correspond to such an important element of the rule of law as "prohibition of discrimination and equality before the law", which requires amendments to the Law of Ukraine "On Prevention of Corruption" in the part of the correction of the concept of "gift" as such is bounded by the restriction of "family-private" relations not related to the performance of functions of the state or local self-government. As a result, it was found out that the principles of administrative law in order to improve the regulatory acts of the sphere of administrative and legal regulation are: 1) as a criterion for assessing the content of provisions of regulatory legal acts, resulting in the isolation of their shortcomings; 2) legal bases for elaboration of amendments and additions to administrative normative legal acts.

scholarly journals Initiating a Non-Anthropocentric Jurisprudence: The Rule of Law and Animal Vulnerability Under a Property Paradigm

2013 ◽  
Vol 50 (4) ◽  
pp. 783 ◽  
Author(s):  
Maneesha Deckha
Keyword(s):  
Rule Of Law ◽  
Animal Rights ◽  
Legal Status ◽  
Cumulative Effect ◽  
Animal Suffering ◽  
The Rule Of Law ◽  
Canadian Law ◽  
The Individual ◽  
Level Of Importance ◽  
Court Of Appeal

This article discusses a recent Canadian entry to the accretion of legal texts which question, to various degrees, law’s anthropocentrism: the dissenting judgment of the Alberta Court of Appeal in Reece v. Edmonton (City of). Written by Chief Justice Catherine Fraser, the 162-paragraph dissent stands out in the Canadian landscape (and is impressive even in the international scene) given the existing Canadian law addressing animal issues that either regulate animals as objects and/or subordinate animal interests to human or corporate ones. This article argues that the dissent in Reece departs from the standard legal instrumentalist view of animals by providing a non-anthropocentric analysis of the animal interests at stake. The decision thus provides a new way of thinking about animals when compared to the existing Canadian jurisprudence. The dissent’s departure from the traditional anthropocentric legal view of animals is seen in three main ways: (1) the level of importance it assigns to the animal interest legally at issue by connecting it to the rule of law; (2) the respect it affords to critiques of animals’ current legal status (including the animal rights critique seeking to abolish the property status of animals and the default subordination of animal interests to human or corporate ones); and (3) the empathy and respect it gives to the individual animal at the heart of the legal dispute by recognizing her as a sentient and vulnerable being whose subjectivity matters. The cumulative effect is a judgment that not only provides the most sophisticated Canadian judicial analysis to date of the law’s relationship to animals, but impugns the traditional anthropocentric paradigm through which the law minimally responds to (some) animal suffering.

Rules for serving administrative arrest: analysis of proposals to modern legislation

2021 ◽  
pp. 182-187
Author(s):  
M. Spivak
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Social Orientation ◽  
Detention Facility ◽  
The Rule Of Law ◽  
Facility Placement ◽  
Administrative Penalty ◽  
The Given

The analysis of the legislation on the application of administrative arrest was carried out. It is established that the position of the legislator comes down to the fact that administrative arrest is the most severe measure of administrative penalty, which is applied in exceptional cases. Appointed only by a court decision (judge) if, in the circumstances of the case, taking into account the identity of the offender, the judge concludes that the application of other types of penalties will be insufficient. The uniqueness of administrative arrest is manifested in the fact that it is established for committing administrative offenses with a special anti-social orientation. The statistics of application of administrative arrest by types of administrative offenses and also number of persons on whom the given penalty is imposed on regions of Ukraine are resulted. It is emphasized that in practice administrative arrest as a type of penalty is used very rarely, in some cases its application is complicated by the procedure of its imposition. Attention is focused on certain provisions of the Draft Law “On the rules of administrative arrest” on the introduction of the principles of administrative arrest; features of the legal status of arrested persons; the procedure for placing a person in a temporary detention facility; placement of persons subject to administrative arrest; rights and responsibilities of arrested persons. The expediency of amendments to the Code of Ukraine on Administrative Offenses is analyzed. In particular, parts two of Article 32 (Administrative arrest), parts one of Article 294 (Entry into force of a judge’s decision on an administrative offense and revision of the decision), Article 326 (Execution of a decision on administrative arrest and detention on guard duty). As well as additions to the Code by Article’s 326–1 (Petition for the imposition of the pretext and its consideration), 326–2 (Execution of the decision on the exercise of the pretext) and 328–1 (Petition for suspension of the term of administrative arrest and its consideration). The author of the article proposes to amend paragraph 2 of Article 6 of the Draft Law “On the Rules of Administrative Arrest”. Thus, adhere to the principle of non-discrimination enshrined in art. 3 of the draft law. According to the author, it would be logical, if there is an established procedure, to establish liability for violation of the rules and conditions of administrative arrest in the form of a separate provision to the Code of Ukraine on Administrative Offenses. The general conclusion is that the adoption of the Laws “On Rules of Administrative Arrest” and “On Amendments to the Code of Ukraine on Administrative Offenses in connection with the adoption of the Law of Ukraine “On Rules of Administrative Arrest”” will improve the legal regulation of application and administrative arrest, as a type of administrative penalty, to address a number of issues that exist in this area, which will ultimately contribute to the rule of law and respect for human rights in the application of the penalty.

scholarly journals Krajowa Rada Narodowa i Polski Komitet Wyzwolenia Narodowego w państwie prawa. Stanowiska doktryny

2021 ◽  
Vol 30 (1) ◽  
pp. 121
Author(s):  
Ewa Kozerska ◽  
Katarzyna Dziewulska
Keyword(s):  
Soviet Union ◽  
Rule Of Law ◽  
Legal Status ◽  
Point Of View ◽  
Communist Regime ◽  
Public Authorities ◽  
The Rule Of Law ◽  
The Soviet Union ◽  
Private And Public ◽  
Normative Order

<p>The establishment of the communist regime in Poland in 1944 is a current subject of reflection in the doctrine and practice of legislation and judiciary. There has been no uniform position on these events, which means that the then sanctioned political and normative order continues to produce controversial assessments and, above all, certain legal effects. This results from the fact that the new people’s power, empowered by force, and not by legal or social basis, has given itself the competence to establish a normative order. The lack of legitimacy for the rightful rule and legislative activity, in principle – from the point of view of the idea of the rule of law – undermines the political and legal status of the people’s authorities. This is all the more so because the system of unified power and sources of law created at that time was evidence of building a totalitarian state modelled on the Soviet Union. The events and legal behaviours of that time led to numerous, often radical changes in many areas of private and public life. They caused certain social and material effects, difficult to reverse today, which Polish society still faces. Therefore, modern standards of the rule of law require that public authorities undertake comprehensive and effective activity. They require that the principles of just and fair compensation for material damage and compensation for moral losses resulting from the rule of this system be implemented. This seems all the more important because some regulations of the people’s power, especially those concerning changes in the ownership structure, are still in force and form the basis of court and Constitutional Tribunal decisions.</p>

scholarly journals Procedural status of the prosecutor in legal proceedings to resolve public law disputes in the Republic of Tajikistan

2020 ◽  
Vol 11 (3) ◽  
pp. 705-717
Author(s):  
Nargis S. Muzafarova ◽  
◽  
Faridjon M. Davlatzoda ◽  
Keyword(s):  
Rule Of Law ◽  
Public Interest ◽  
Legal Status ◽  
Public Law ◽  
The Rule Of Law ◽  
Legal Proceedings ◽  
Procedure Code ◽  
Administrative Procedures ◽  
The Republic ◽  
Administrative Proceedings

This article analyses the procedural status and forms of prosecutor participation in legal proceedings in public law disputes in general jurisdiction courts and special economic jurisdiction in the Republic of Tajikistan. Problems, contradictions, and gaps are identified in the current procedural legislation of the Republic of Tajikistan, which regulates the procedure for resolving public law disputes. Moreover, the article highlights the new approaches of the national legislator in the Civil Procedure Code of the Republic of Tajikistan 2008, the Economic Procedure Code 2008; The Code of Administrative Procedures of the Republic of Tajikistan 2007 which regulates the legal status of a prosecutor in resolving public law disputes in civil, economic, and administrative proceedings. In all these procedural acts in this category of disputes, the prosecutor is defined as a person participating in the case, which implies his legal interest in the ruling. Based on the analysis of national legislation, the article reveals that the objectives of the prosecutor in cases arising from public law relations are to ensure the rule of law and public interest. The authors conclude that the procedural institute of the prosecutor, as a person participating in cases on the resolution of public law disputes, is not new. However, many issues related to the prosecutor in the Republic of Tajikistan remain unresolved. Based on the results of the analysis conducted, the article concludes that there is a necessity to improve legislation that manages the participation of the prosecutor in the consideration of public law disputes.

The Definition of «Conflicts of Interest» in the Legal Regulation of Judicial Activity in Russia

2020 ◽  
Vol 4 ◽  
pp. 28-39
Author(s):  
E. V. Ryabtseva ◽  
Keyword(s):  
Rule Of Law ◽  
Conflict Of Interest ◽  
Legal Status ◽  
Systematic Approach ◽  
Conflicts Of Interest ◽  
Legal Regulation ◽  
The Rule Of Law ◽  
Scientific Substantiation ◽  
Definition Of ◽  
Optimal Construction

The complexity of regulation of issues to prevent conflicts of interest in the activities of state, including judicial bodies, is due to the uncertainty of law arising from the lack of clear legislative structures to correlate the rule of law with the actual circumstances that indicate conflicts of interest. The aim of the study is the formation of scientifically based knowledge about the nature of conflicts of interest. The main objectives of the study are connected with the scientific substantiation of a general approach to the definition of «conflicts of interest», taking into account industry-specific features of their regulation; analysis of the main elements of the content of conflicts of interest, features of their legal regulation in Russian and foreign legislation. The modern methodology of comparative law makes it possible to analyze the substantive aspect of conflicts of interest, issues of their regulation, specifics of prevention in international and Russian legislation, for the optimal construction of the linguistic structure of their regulation in judicial activity. As a result of the study, the definition of «conflict of interest» is formulated. The systematic approach to determining the content of «conflicts of interest» is justified, taking into account the particular legal status of a judge.

scholarly journals Witnessing Arbitrariness: Roncarelli v. Duplessis Fifty Years On

2011 ◽  
Vol 55 (3) ◽  
pp. 689-720
Author(s):  
Mary Liston
Keyword(s):  
Rule Of Law ◽  
Executive Branch ◽  
Public Law ◽  
Decision Makers ◽  
Discretionary Power ◽  
Multiple Forms ◽  
Conceptual Content ◽  
The Rule Of Law ◽  
The Core ◽  
Good Government

In Canadian public law, Roncarelli v. Duplessis stands for the proposition that arbitrariness and the rule of law are conceptually antithetical values. This article examines multiple forms of arbitrariness in Roncarelli, going beyond the usual focus on discretionary power arbitrarily exercised by the executive branch of government. A close reading of the case brings to the surface other forms of arbitrariness, notably under-acknowledged forms of judicial arbitrariness. Repositioning the case in its social and political context provides an alternative vantage point from which the core conceptual content can be enlarged and the case’s normative import better gleaned. The article argues that such a repositioning illuminates how legal actors attempt to constrain arbitrariness within the activity of judging. Reason-giving appears as one significant rule of law practice that can counter institutionalized arbitrariness by seeking to ensure that decision makers throughout the state are attuned to the demands of legality, can be held to account, and are committed to upholding good government.

scholarly journals Private and public law: mordern views on the problem of defenition and division

2016 ◽  
Vol 3 (3) ◽  
pp. 103-110
Author(s):  
V V Guryanova
Keyword(s):  
Rule Of Law ◽  
Public Law ◽  
The State ◽  
Behavior Model ◽  
Private Law ◽  
International Level ◽  
Objective Criterion ◽  
The Rule Of Law ◽  
Private And Public ◽  
The Law

In the article is considered the interest in the norm of law as objective criterion of the division of the law to private and public. Author proposes to determine these areas of law in the following way. Public law is complex of the rule of law which governs the behavior model of subjects for the implementation and protection of the state, national, international interests. Private law is complex of the rule of law which establish the model of behavior of subjects in order to implementation and protect the interests of individuals and organization, not only at national but also at international level.

The COVID-19 Pandemic, the Courts and Online Hearings: Maintaining Open Justice, Procedural Fairness and Impartiality

2021 ◽  
pp. 0067205X2199313
Author(s):  
Michael Legg
Keyword(s):  
Rule Of Law ◽  
Procedural Fairness ◽  
Judicial Power ◽  
Communications Technology ◽  
Design Decisions ◽  
Adoption Of Technology ◽  
The Rule Of Law ◽  
The Core

The COVID-19 pandemic and the ensuing mandated health protections saw courts turn to communications technology as a means to be able to continue to function. However, courts are unique institutions that exercise judicial power in accordance with the rule of law. Even in a pandemic, courts need to function in a manner consistent with their institutional role and their essential characteristics. This article uses the unique circumstances brought about by the pandemic to consider how courts can embrace technology but maintain the core or essential requirements of a court. This article identifies three essential features of courts—open justice, procedural fairness and impartiality—and examines how this recent adoption of technology has maintained or challenged those essential features. This examination allows for an assessment of how the courts operated during the pandemic and also provides guidance for making design decisions about a technology-enabled future court.

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