The Power of Municipalities for Legal Regulation and Actual Sanctioning of Local Offenses in Theory and Practice

2017 ◽  
Author(s):  
Bojan Tičar ◽  
Sara Kandolf ◽  
Miha Dvojmoč
Keyword(s):  
Legal Regulation ◽  
Theory And Practice

scholarly journals Theory and practice of legal regulation labor incapable employees

Pravovedenie ◽  
2018 ◽  
Vol 62 (3) ◽  
pp. 465-483
Author(s):  
Larisa V. Zajceva ◽  
◽  
Oksana A. Kursova ◽  
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Legal Capacity ◽  
Work Activity ◽  
Legal Personality ◽  
Labor Legislation ◽  
The Russian Federation

The study of the legal personality of citizens recognized as legally incompetent by the court is timely and relevant in the light of the recent changes in the civil legislation of the Russian Federation, as well as the emerging trends in the development of judicial practice. In the doctrine of labor law, the legal personality of individuals is observed as an independent category of labor law, differing in this capacity from other related legal categories, in particular from civil legal capacity and legal capacity. At the same time, the labor legislation of the Russian Federation has made an unsuccessful attempt to receive the norms of civil legislation in relation to the employer — an individual who is recognized incapable by the court. At the moment, the Russian legislator with regard to the possibility of concluding an employment contract on the part of an employee recognized as legally incompetent took the position of “qualified silence”, which today can hardly be called successful for a number of reasons indicated in the proposed study. The study of the legal personality of citizens recognized as incapable makes it possible to assess the level of compliance of Russian legislation with international social and labor standards, determine the vectors for its further development and improvement in terms of optimal protection of human rights and citizenship. The main methods of the research were system and complex analysis of regulatory legal acts of the Russian Federation and a number of other countries and international organizations; Comparative method, which made it possible to compare the international regulation of the participation of incompetent citizens in the work activity with Russian labor legislation, as well as the labor legislation of certain countries of the near and far abroad; Method of expert assessment, based on the analysis of court decisions and scientific publications on the participation of incapacitated persons in labor relations. The results of the study are both theoretical and practical, and suggest some directions for improving the labor legislation of the Russian Federation on the participation in labor relations of citizens recognized by the court as legally incompetent.

METHODS AND ALGORITHM FOR ASSESSING ENTREPRENEURIAL RISKS

2022 ◽  
Author(s):  
Yuriy Tyrkalo ◽  
Keyword(s):  
Risk Management ◽  
Quantitative Assessment ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Important Stage

Based on the study of theory and practice, the article reveals issues related to methods and algorithm for assessing entrepreneurial risks, as well as presents the relevant conclusions and proposals in this direction, in particular: the choice of tools for assessing (methods and algorithm) of entrepreneurial risks with proper normative and legal regulation is an important stage in the process of entrepreneurial risk management, where quantitative assessment of entrepreneurial risk is in addition to qualitative.

scholarly journals State-legal regulation of migration relations in the Republic of Kazakhstan: problems of theory and practice

2019 ◽  
Vol 91 (3) ◽  
Author(s):  
A.S. Ibraeva ◽  
A.S. Baykenzheyev ◽  
S.S. Dyusebalieva ◽  
D.A. Tursunkulova ◽  
N.S. Ibrayev
Keyword(s):  
Legal Regulation ◽  
Theory And Practice ◽  
The Republic

scholarly journals The right of Police officers and the Criminal-executive system to use firearms: some issues of theory and practice

2021 ◽  
Vol 39 (3) ◽  
pp. 136-143
Author(s):  
A. А. Alimov ◽  
◽  
S. A. Yunusov ◽  
Keyword(s):  
Russian Federation ◽  
Police Officers ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Penal System ◽  
Federal Law ◽  
The Russian Federation ◽  
Executive System ◽  
The Law ◽  
The Right

The article is devoted to the analysis of the Federal Law «On the Police» and the law of the Russian Federation «On Institutions and Bodies Executing Criminal Sentences in the Form of Imprisonment», which empowers the police and the penal system with the right to use firearms. Possible problems of the implementation of the provisions of the legislation are identified, specific measures are proposed to improve the efficiency of legal regulation of the use of firearms by police officers and the penal system

scholarly journals PUBLIC CONTROL IN THE SYSTEM OF LOCAL SELF-GOVERNMENT: BASES AND FEATURES

2019 ◽  
Vol 23 (3) ◽  
pp. 311-332
Author(s):  
Nikolay L. Peshin
Keyword(s):  
Russian Federation ◽  
Local Governments ◽  
Municipal Government ◽  
State Power ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Public Power ◽  
Public Control ◽  
The Russian Federation

Legal regulation of issues of public control and supervision is one of the problems of legal theory and practice. Underestimating of the place and features of municipal control in the system of public control and supervision is the cause of the poor quality of legal decisions taken, as well as legislation adopted at the level of both the Russian Federation and individual constituent entities of the Russian Federation. Municipal control in the system of public control and supervision, developing recommendations aimed at overcoming the shortcomings of legal regulation and practice of implementing municipal control. Methods: general and private scientific methods of cognition of objective reality (analysis, synthesis, abstraction, analogy, comparative legal, formal legal, and other methods of scientific cognition). The article deals with issues of relationship between state and municipal (public) control carried out by local self-government bodies - as a rule, due to the need to solve tasks that fall within the competence of state power. The problems of its independent implementation are studied based on the principles of local self-government - self-organization and self-control. A detailed analysis of the current legislation, allowing local governments to act as “controlling agents” of state power, is conducted, and based on this analysis, conclusions are made about the existing of municipal public control in the system of local self-government as a specific public phenomenon combining elements of public law and private law regulation. As a state, the Russian Federation is faced with the task of drastically improving the system of control (supervision) as a function of public power, and therefore the already initiated legal reform in this area will undoubtedly continue. In the context of the development of civil society and an open state, the development of forms of public control is also necessary, the lack of which creates a sense of “permissiveness” among the subjects of public power and inevitably leads to a decrease in the efficiency of public authority. Municipal public control within the framework of this system of public-state control should be oriented, including intra-system, at identifying deficiencies in the work of the bodies and officials of local self-government that impede the improvement of the quality of management and organizations. As a result, municipal public control should contribute to a safer for citizens to work and provide services to individuals and legal entities. Sphere of constitutional, administrative and municipal law; questions of the organization of state power and local self-government in the subjects of the Russian Federation; questions of control and supervisory activities. Separate existence of municipal authority does not mean the lack of interaction of local selfgovernment with state administration, non-coincidence of municipal formations under the influence of state-governmental structures, denial of influence of state on local self-government. State power has a significant impact on development of basic social processes predetermining the peculiarities of the implementation of public control by the municipal government. The implementation of supervisory activities, including at the local government level, is an important part of the stable, uninterrupted functioning of the state.

scholarly journals The Securing a Claim in the Context of Sustainable Development: An Evaluation of the Latvian Experience

2021 ◽  
Vol 10 (4) ◽  
pp. 281
Author(s):  
Andrejs Gvozdevičs
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Legal Framework ◽  
Legal Regulation ◽  
Theory And Practice ◽  
The Sustainable Development ◽  
Legal Norms ◽  
Inductive Methods ◽  
Protection Of Human Rights ◽  
The Right

Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms provides for the right of everyone to a fair and public hearing by an independent and impartial tribunal established by law. An important guarantee, such as the enforcement of a court judgment, is also enshrined in human rights theory and practice, as unenforced judgments pose a threat to legal stability, which is one of the fundamental basis for the sustainable development of society. The institute of law of the securing a claim serves in cases where execution of the future judgment may be impossible or made substantially more difficult. The aim of the research is to study the legal framework, which determines the regulations of the securing a claim in Latvia in order to make proposals for enhancement of the legal framework. The research deployed descriptive, analytical and deductive-inductive methods as well as the methods of interpretation of legal norms. Using these methods, legal acts, views of legal scientists and case law were reviewed and analyzed, and subsequently conclusions and recommendations were made. Analyzing the development of the securing a claim it can be admitted that this institute of law in Latvia has problems as the application of the securing a claim in court practice within the framework of limited adversarial and dispositivity principles, as well as shortcomings in the theoretical foundations of the securing a claim which are based on the findings of legal scientists of the last century. As a result of the research, the author drew the conclusions, that Latvia does not make sufficient use of the long-standing successful procedural solutions for securing a claim in others states, such as court mortgages, bank guarantee or mortgage of the plaintiff to secure the defendant's losses, defendant's protection letter to protect against unjustified securing a claim, a possibility to secure a claims which are not financial in nature and many more that can make legal regulation of the securing a claim more modern and effective.

scholarly journals Prosecutor's authority in the conceptual-categorical apparatus of the theory and practice of prosecutorial activity outside the criminal law sphere

2021 ◽  
pp. 58-68
Author(s):  
Darina Viktorovna Kocheva
Keyword(s):  
Semantic Content ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Public Interests ◽  
Legal Obligations ◽  
Legal Nature ◽  
Private And Public ◽  
The Subject ◽  
Universal Definition

The subject of this research is the approaches existing in the theory and practice of prosecutorial activity towards determination of the concept of “prosecutor's authority” and its constituent definitions, their correlation with the scientific views of legal scholars upon the state-legal category of “authority”. Due to the fact that any science is based on the terminological framework, featuring units that differ in their semantic content, the research of the cognizable basic category that does not have a universal definition, neither in science nor effective legislation, as well as the contradicting legal phenomena of different legal nature (rights and obligations) at its part, substantiates the relevance of this research. The scientific novelty of lies in the author’s argumentation of similar, identical and opposite perspectives on the subject matter existing in the literature, effective legal regulation, personal experience of working in the prosecutor's office, justification of conclusion in the indicated category of “legal obligations”. The author comes to the conclusion there is no need for normative differentiation the rights and responsibilities of the prosecutor within the framework of his “general oversight” authority and optimality of the existing regulation, which authorizes the prosecutor to act at the own discretion (making decisions based on subjective opinion and assessment) in terms of the grounds  and means set by law, with consideration of private and public interests.

scholarly journals Development of the impact investing ecosystem in Ukraine

2019 ◽  
Vol 16 (3) ◽  
pp. 217-228
Author(s):  
Liudmyla Bukharina ◽  
Oksana Onyshchenko
Keyword(s):  
Institutional Environment ◽  
Legal Regulation ◽  
State Regulation ◽  
Theory And Practice ◽  
Public Understanding ◽  
Impact Investing ◽  
Initial Stage ◽  
Comparative Results ◽  
High Level ◽  
The Impact

The impact investing ecosystem is currently in its infancy in Ukraine. The aim of the paper is to identify the problems of impact investing development in Ukraine and to propose the ways to develop the ecosystem of social investment in the country. In the course of the research, general scientific methods of analysis were used: formal, logical, and comparative. Results of the research suggest that theory and practice of state regulation in Ukraine still lack the conceptualized mechanisms of impact investing and the corresponding institutional environment. On the other hand, there is a high level of interest and engagement in it from both the public and potential and current investors. The data obtained prove the importance of civil society cooperation in creating a favorable ecosystem of impact investing to maximize its integration into the economy. The development of impact investing ecosystem in Ukraine depends on certain socio-economic and legal barriers at an initial stage such as: low level of public understanding about the problem, absence of clear legal regulation and uncertainty of the “rules of the game” at the legislative level, openness and publicity of enterprises, which is not a characteristic feature of the economic environment in the country today. Furthermore, effective directions and mechanisms for development of the impact investing ecosystem are proposed.

scholarly journals Mediation in administrative proceedings: problems of theory and practice.

2021 ◽  
Vol 3 (3) ◽  
pp. 186-190
Author(s):  
Iryna Verba
Keyword(s):  
Dispute Resolution ◽  
Legal System ◽  
Alternative Dispute Resolution ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Administrative Process ◽  
Legislative Framework ◽  
The Moment ◽  
Administrative Proceedings ◽  
Judicial Method

The article studies the the introduction of mediation in administrative proceedings. Implementation of other alternative ways of resolution of legal disputes, for example, such as mediation, can be an option to improvement of justice access and to reduction of court overloading. The sphere of administrative disputes is the most difficult for implementation of mediation procedure. Mediation is not able to displace and replace the judicial resolution of administrative disputes using the classic adversarial procedure. It is proposed to recognize adjudication mediation as the optimal procedure in resolving administrative disputes. Proposals and recommendations concerning creation of the legislative framework for the application of mediation as the alternative dispute resolution in administrative proceedings in Ukraine are formulated. That is why resolving the issue of relieving the judiciary is relevant for the use of mediation as an alternative way of resolving disputes or conflicts. Insufficient use of mediation as a way to resolve legal conflicts, including administrative ones, is low awareness of the advantages of this method of resolving legal conflicts and its advantages over the traditional judicial method of resolving legal disputes, insufficient legal regulation of mediation in Ukrainian legislation, lack of sufficient professional mediators who could provide quality mediation services, conservatism of both lawyers and participants in the administrative process at the moment of development of the legal system in Ukraine.

A Sketch of the Off ences Committed under the Provoked Temporary Insanity in Common Law Countries

Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 158-166
Keyword(s):  
Common Law ◽  
Legal Regulation ◽  
Causal Link ◽  
Theory And Practice ◽  
Law System ◽  
Starting Point ◽  
State Of Mind ◽  
Actus Reus ◽  
The Common ◽  
Temporary Insanity

● In common law countries, which as a rule do not have codified criminal legislation, or where it exists, offences committed under the provoked temporary insanity are not treated as a separate type of wrongdoing (delictum sui generis). Criminal theory and practice considers them as a particular example of privileged homicide related to manslaughter but not the murder. ● Actus reus of offences committed under the provoked temporary insanity (as a kind of privileged homicide) consists of following objective elements: a) conduct, result (i.e. death), causal link between them and any other facultative element; b) provocative behavior committed by the victim; c) causal link between the victim’s behavior and the perpetrators provoked conduct (double causation). ● Mens rea of the offences in question pertains to both subjective elements characteristic to manslaughter: a) recklessness and b) extreme temporary emotional excitement, which might be either explained or justified on rationale basis. The verification of rationality depends on the “reasonable man” standard and how would he behave in the same situation. ● As a starting point, for the classification of mental element traditionally is applied M’Naghten case. Although it focuses on the perpetrator’s capacity to understand wrongfulness of conduct, to be responsible for his crimes, it can be directly applied to the offences, committed under the provoked temporary insanity considered as a serious situational disorder of activity of psychic or state of mind. ● Legal regulation of an offences committed under the provoked temporary insanity is entirely differently constructed within the common law countries in comparison with other legal systems, including Georgian Penal Code. The common law approach is hard to be considered as a successful one, as it is not always efficient in terms of theoretical and practical considerations. ● The main shortcoming of common law system is related to its ambiguity, derived from abundance of value judgments, tests, fictions and criteria.

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