scholarly journals Skutki prawne kontroli przedsiębiorcy prowadzonej z naruszeniem zasad kontroli

2018 ◽  
Vol 114 ◽  
pp. 623-636
Author(s):  
Michał Strzelbicki
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Public Economic ◽  
Economic Law ◽  
Scope Of Application ◽  
The Right ◽  
Legal Consequences

LEGAL CONSEQUENCES OF ENTREPRENEUR INSPECTION CONDUCTED IN VIOLATION OF PRINCIPLES FOR INSPECTIONWith the enforcement of the Business Activities Freedom Act, the provisions of Chapter 5 entitled “Entrepreneur Inspection” have become to apply in the Polish Public Economic Law. The essence of the regulation lies in the principles for inspection, namely standards to be met by each and every entrepreneur’s business inspection performed by administrative bodies. Legal regulation of entrepreneur inspection, providing for legal framework of the procedure and setting limits to the actions of the inspection authority, was aimed by the legislator to limit the natural advantage of the authority over the entrepreneur during the inspection proceeding.The legislator was aware that the very introduction of principles for inspection would not be sufficient to effectively protect entrepreneurs’ interests. For this reason, the administrative authorities have been obliged to apply the principles for trader inspection through far-reaching negative legal consequences to the authority in the event of breach. The article analyses such legal solutions which provide entrepreneurs with the right to pursue compensation from the state, and permit demanding that the evidence gathered during the inspection could not be used against such trader by the administration authorities the “fruit of the poisonous tree” principle. The author presents the scope of application of both such instruments, and takes a stand as regards related detailed issues which have so far been the bone of contention both in the doctrine and in the judgements.

scholarly journals Prospects of decriminalization and legalization of euthanasia in Ukraine

2021 ◽  
pp. 55-60
Author(s):  
A.P Lutsenko ◽  
D.I. Khairullina
Keyword(s):  
Human Rights ◽  
Assisted Suicide ◽  
State Level ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Constitutional Court ◽  
Right To Life ◽  
Human Right ◽  
The Right

This article is devoted to the study of the legal regulation of the institution of euthanasia in foreign practice and in Ukrainian law. We conducted a thorough analysis of the existing arguments for and against the legalization of the assisted suicide procedure, which have developed in scientific doctrine. Given the importance of the right to life in the fundamental human rights system, deprivation of any life is unacceptable, as it could set a precedent that would lead to the abuse of criminal intent by the possibility of masking premeditated murder with voluntary consent to accelerate biological death. That is why today in Ukraine deprivation of life at the request of a person is a crime, namely premeditated murder, and therefore euthanasia at the state level is now criminalized. However, after analyzing the views of scholars studying the dynamics of human rights, as well as paying attention to the practice of countries that have already legalized euthanasia at the state level, we concluded that assisted suicide today is a powerful mechanism that can guarantee the human right to a dignified existence at the end of her life. A number of foreign countries have shown by their example that the legalization of euthanasia is an important step towards building a more humane and humane society, where there is a place of mercy for terminally ill people who want to end their lives painlessly. The current position of the Constitutional Court of Ukraine on the interpretation of the right to life does not allow for its expanded understanding, and therefore there is a need to amend the Constitution (for example recognition of the right to die) or change the position of the Court. In order for the right to dispose of one's own life to be properly guaranteed in Ukraine as well, we have developed on the basis of our research and proposed an algorithm of actions that can be used in the implementation of the institute of assisted suicide in Ukraine. We emphasize the need to amend the Constitution of Ukraine or change the position of the Constitutional Court on the interpretation of the right to life and the development of an appropriate legal framework that should take into account the medical side of this issue.

scholarly journals La naturaleza bifronte del estado de alarma y el dilema limitación-suspensión de derechos

2020 ◽  
pp. 371
Author(s):  
Carlos Garrido López
Keyword(s):  
Public Service ◽  
Air Transportation ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Natural Health ◽  
Health Crisis ◽  
Freedom Of Movement ◽  
Air Traffic Controllers ◽  
The Right

El estado de alarma fue considerado un instrumento de dudosa utilidad. Frente a las crisis naturales, sanitarias o tecnológicas, la legislación sectorial ordinaria preveía diversas medidas extraordinarias que, a juicio de la doctrina, hacían innecesario recurrir a dicho estado. Y las prevenciones introducidas en su regulación legal, dificultaban su uso ante situaciones de conflictividad social. El estado de alarma se declaró, sin embargo, en diciembre de 2010, para restablecer el servicio público esencial del trasporte aéreo paralizado por los controladores al servicio de AENA, y en marzo y octubre de 2020, para superar la crisis sanitaria ocasionada por la pandemia de la COVID-19. Ello ha evidenciado la versatilidad de la institución y la funcionalidad que antes se le negaba, pero también han puesto de manifiesto las limitaciones e insuficiencias de su regulación legal, tanto por lo que respecta a las situaciones críticas que permiten declararlo cuanto a las medidas susceptibles de adoptar. En este trabajo se analiza la naturaleza bifronte del estado de alarma, junto a las dificultades interpretativas que suscita su activación frente a conflictos sociales y otras emergencias que desbordan su marco jurídico. Asimismo, se abordan el problema de la distinción entre limitación y suspensión de derechos que subyace bajo el elenco de medidas de este estado, las críticas que desencadenó su declaración en 2010 y el intenso debate doctrinal que han generado las restricciones a la libertad de circulación, la reclusión domiciliaria y la afección de otros derechos conexos, como los de reunión, manifestación y sufragio, durante la gravísima crisis de la COVID-19.The state of alert was considered an instrument of dubious utility. To fight natural, health or technological crises, the sector-specific legislation provided for several extraordinary measures that, according to the doctrine, made it unnecessary to resort to this regime. The preventions set out in its legal regulation hindered its use in situations of social conflict. The state of alert, however, was declared in December 2010, to reestablish the essential public service of air transportation —which had been cut by the strike of the air traffic controllers working for AENA— and in March and October 2020, to control the health crisis caused by the COVID-19 pandemic. Both situations have evinced the limitations and inadequacies of the legal regulation of this regime, both regarding the critical situations that allow to declare it and the measures that can be adopted. This work delves into the two-faced nature of the state of alert and the interpretation difficulties arising from its activation to tackle social conflicts and other emergencies that go beyond its legal framework. There is also an analysis of the problem of differentiating between limiting and suspending rights that lies behind the catalog of measures of this regime, the criticisms to its declaration in 2010 and the intense doctrinal debate resulting from the restrictions to the freedom of movement, the lockdown and the violation of other connected rights such as the right to reunion, to protest and to vote during the critical COVID-19 crisis.

Components of the economic sovereignty of the state

2021 ◽  
pp. 83-88
Author(s):  
Anna Turenko
Keyword(s):  
European Integration ◽  
Legal Regulation ◽  
The State ◽  
Basic Component ◽  
State Sovereignty ◽  
Significant Step ◽  
The Right

Economic sovereignty and its elements are analyzed in the article. It is emphasized that a significant step for rethinking approaches to the characteristics of the sovereignty of the state, in particular, the economic became European integration processes. On the example of tax sovereignty as a basic component of economic sovereignty, it is argued that state sovereignty and its realization depends not only on the right of state to independently decide on tax-legal regulation, but also on the nature of those measures selected by the state to carry out regulatory influences.

ADDITIONAL CONCLUSION ON A DISSERTATION

2021 ◽  
Vol 3 (3) ◽  
pp. 163-180
Author(s):  
А.V. Gabov
Keyword(s):  
System Analysis ◽  
Legal Regulation ◽  
Focus Of Attention ◽  
The State ◽  
State System ◽  
Federal Law ◽  
Current Regulation ◽  
Historical Method ◽  
The Right ◽  
Academic Degrees

Introduction: the article deals with the legal phenomenon of an additional conclusion on a dissertation that rarely comes into the focus of attention of domestic researchers, which is regulated in the Regulations on Awarding Academic Degrees and the Regulations on the Council for the Defense of Dissertations for the Degree of Candidate of Science, for the Degree of Doctor of Science. The relevance of the issue is explained by the ongoing processes of transformation of all the main elements of the state system of scientific certification. Purpose: to show the main elements of this institute, the problems of its regulation, including in connection with the changes made to the state system of scientific certification by Federal Law of 23 May 2016 No. 148-FZ “On Amendments to Article 4 of the Federal Law ‘On Science and State Scientific and Technical Policy’” (hereinafter – Law No. 148-FZ), as well as the directions for improving legal regulation of this institute. Methods: system analysis, historical method. Results: the goals of the institute of additional conclusions on the dissertation are revealed; marked defects in the regulation of additional conclusion on the dissertation; given the significant changes in the state system of scientific attestation in connection with the receipt of a number of organizations right of self-awarding degrees, as well as the accumulated practice of application of this institute, the directions of its improvement are formulated. Conclusions: according to the author of the article, the institute of additional conclusion should not be abandoned, it may well be in demand in the future and in the activities of organizations, those who have received the right to independently award academic degrees. The current regulation of the institute of additional conclusion requires complete renovation.

scholarly journals PROBLEMS OF LEGAL REGULATION OF THE USE OF POLYGRAPH IN THE SECURITY AND DEFENSE SECTOR OF UKRAINE

2021 ◽  
pp. 62-66
Author(s):  
S. Kazmiruk ◽  
I. Pampukha ◽  
N. Blyzniuk
Keyword(s):  
Armed Forces ◽  
Legal Regulation ◽  
The State ◽  
Political Activity ◽  
Control Procedure ◽  
Territorial Integrity ◽  
Linguistic Support ◽  
Military Security ◽  
The Right ◽  
Psychophysiological Detection

The year 2021 was proclaimed the year of the Euro-Atlantic transformation at the Department of Defense of Ukraine. The result of such transformational processes in the DoD of Ukraine and the Armed Forces of Ukraine will be the creation of the integrated Euro-Atlantic type defense institution that will ensure their obligatory transformation, together with the other subjects of the security and defense sector of Ukraine to the new standards functioning and the command and control procedure. In particular, the introduction of legal regulation of the use of the polygraph. Military security is one of the fundamental requirements to implement the right of the people of Ukraine on self-identification, preserve Ukraine as a state and secure its sustainable development. The protection of the sovereignty and territorial integrity of Ukraine is the utmost valuable function of the State. The fulfillment of this norm of the Constitution of Ukraine in terms of existential military threat to national security requires applying a number of measures and defensive actions that adhere to the principles and norms of international law. The main purpose of the Strategy of the military security of Ukraine is a preliminary prepared and comprehensively maintained all-encompassing defense of Ukraine based on the principles of deterrence, sustainability, and cooperation that ensures military security, sovereignty, and territorial integrity of the state by introducing innovative tools to detect hidden information. In the course of the Euro-Atlantic integration process, there is a critical moment to start carrying out specific, complex, and relevant tasks in the sphere of external political activity that facilitate the implementation of relevant directions in developing innovative systems aimed at identifying concealed and false information. Particularly, the linguistic support of events of defense and military cooperation in order to systematically implement the reforms of the security and defense sector that are directed to meet the international NATO-members' standards. It is also relevant to urgently implement the legal and ethical norms on the activity of the polygraph examiner's when performing a psychophysiological detection of deception using a polygraph.

scholarly journals Restrictions of the right of free movement on the territory of the country during the state of emergency, caused by the Sars-Cov-2 pandemic

2021 ◽  
Vol 16 (2) ◽  
pp. 12-62
Author(s):  
Raina Nikolova
Keyword(s):  
Crisis Management ◽  
Emergency Situation ◽  
Legal Framework ◽  
Central Executive ◽  
The State ◽  
Free Movement ◽  
Legal Basis ◽  
State Of Emergency ◽  
The Right

The article analyzes the Bulgarian administrative legal framework on emergencies (state of emergency, crisis management and overcoming, emergency situation and emergency epidemic situation). It indicates the temporary restrictions of the right of free movement of the citizens provided in the legislation. The article discusses the competence of the central executive authorities, interdepartmental bodies and territorial authorities (regional governors and mayors) to deal with a pandemic. The article discusses also the legal basis and justifications for the introduction of the curfew by some of the regional governors and mayors during the state of emergency, caused by SARS-CoV-2 (COVID-19).

How Arbitrary Was Tsarist Administrative Justice? The Case of the Zemstvos Petitions to the Imperial Ruling Senate, 1866–1916

2006 ◽  
Vol 24 (1) ◽  
pp. 1-43
Author(s):  
Natasha Assa
Keyword(s):  
Fundamental Principle ◽  
Legal Framework ◽  
The State ◽  
Government Officials ◽  
Public And Private ◽  
Administrative Litigation ◽  
The Public ◽  
Administrative Power ◽  
The Right ◽  
Administrative Justice

One of the key principles of the modern legal state (Rechtsstaat) is the right of all citizens to seek judicial protection against unlawful acts of government officials. It stems from the fundamental principle of the rule of law that asserts that all citizens, including state officials, are equal before the law and have the right to a fair trial. Within this legal framework a distinct field of law, “administrative justice,” governs public litigation against state officials. Its domain of jurisdiction reflects complex philosophical and legal distinctions between the public and private spheres in the modern state. As legal scholars and philosophers continuously redefine the boundary between the public and private spheres, the prerogatives of government officials over the rights of private citizens continue to evolve. The key questions in the debate are as follows. Should the state guarantee an undisputed precedence of citizens’ rights over administration or should it protect its officials from widespread litigation and therefore grant them a certain degree of immunity? Should ordinary courts and laws decide disputes between government officials and private individuals, or should the state provide separate norms, judges, and procedures for administrative litigation? Should punishment for misuse of administrative power be equal to that of the breach of civil or criminal laws? Who and to what extent should be made liable for any damages incurred through misuse of administrative power?

scholarly journals Legal regulation of Natural Resources as a Category of Environmental Resources for Providing Economic Activity on the Example of Ukraine

2020 ◽  
Vol 9 (1) ◽  
pp. 228
Author(s):  
Daria Piddubna ◽  
Illia Karakash
Keyword(s):  
Water Resources ◽  
Natural Resources ◽  
Legal Regulation ◽  
Forest Resources ◽  
The State ◽  
Land Resources ◽  
Plant Resources ◽  
Atmospheric Air ◽  
System Verification ◽  
The Right

Every citizen has the right to safe natural resources. In Ukraine, this right is fixed at the level of the Constitution of Ukraine and special legal acts. The right to natural resources determines the citizen's right to: land resources; water resources; forest resources; flora and fauna; mushrooms; berries; atmospheric air. Ecological nature of natural resources is associated with the provision of various types of safety: environmental, energy, water, food, biological, genetic, and in aggregate - national. To implement the above, it is necessary to amend the regulatory framework in Ukraine  on the following positions: responsibility (both from the side of officials and from the side of economic entities); system verification of the state of natural resources; ban on burning stubble, forest strips; strengthening of responsibility for the destruction of water facilities, cutting of plant resources, for the introduction of pesticides, for the implementation of atmospheric emissions and discharges into water objects; introduction of organic farming. The main thing – the issue of environmental friendliness of natural resources is characteristic not only for Ukraine, but also for the whole world. From their status depends on the suitability of life for every inhabitant of the planet, as well as the state of the planet itself.  Keywords: natural resources, an ecological resource, the constitutional rights of citizens, land resources; water resources; forest resources; flora and fauna; mushrooms; berries; atmospheric air.  

scholarly journals LEGAL REGULATION OF COMMUNICATION PRIVACY IN THE INFORMATION SOCIETY

2020 ◽  
Vol 24 (4) ◽  
pp. 985-1004
Author(s):  
Anzhelika N. Izotova
Keyword(s):  
Information Society ◽  
Communication Technologies ◽  
Legal Framework ◽  
Legal Regulation ◽  
Necessary Condition ◽  
Research Activity ◽  
The Individual ◽  
The Right ◽  
Dialectical Analysis ◽  
Communication Privacy

The article is devoted to the regulation of communication privacy, which is not only a guarantee of the individual right to confidentiality and privacy, but also a necessary condition for the collective freedom of speech, trust in communication services, which is essential for formation of the information society. The right to communication privacy with the advent of new communication technologies is being transformed and expanded, which requires updating and harmonization of the legal framework. In this regard, the purpose of the research is to reveal problems and contradictions in updating legal regulation of communication privacy, including by analyzing legislation and existent scientific approaches to the content of communication privacy, description of mechanisms for both ensuring and limiting communication privacy, as well as interaction of legal entities regarding communication privacy. The relationship between Russian and European legislation, which regulate communication privacy (ePrivacy) have been considered in this paper. The research methodology is represented by such methods as dialectical, analysis, analogies, formal-legal, comparative methods of research activity. The work demonstrates different approaches to determining the content of the right to communication privacy, expanding the range of professional subjects of communication privacy, and loosening the mechanisms for limiting this right in the direction of its expansion in the context of interrelations between subjects of legal relations concerning communication privacy.

scholarly journals Legal mechanisms for the implementation of corporate rights by public law entities

2020 ◽  
pp. 309-313
Author(s):  
Konstantin Leonov
Keyword(s):  
Local Governments ◽  
Supervisory Board ◽  
Legal Regulation ◽  
Public Law ◽  
The State ◽  
Corporate Rights ◽  
A Value ◽  
Communal Property ◽  
The Right ◽  
Authorized Capital

The state is the largest owner of corporate rights. Entities operating on the basis of state ownership only, as well as entities whosestate share in the authorized capital exceeds fifty percent or is a value that provides the state with the right to decisive influence on economicactivity are recognized as economic entities of the public sector of the economythese subjects. Instead, the subjects of economicsector of the economy are entities that operate on the basis of communal property only, as well as entities in the authorized capital ofwhich the share of communal property exceeds fifty percent or is a value that provides local governments with the right to decide impacton the economic activities of these entities.There are two main features of corporate rights of the state in the subjects of public law: 1) management of such corporate rightsis carried out in the manner prescribed by a separate law; 2) the purpose of managing the corporate rights of the state is to meet stateand public needs.In 2016, Ukraine underwent a reform that resulted in a significant strengthening of the legal regulation of the activities of supervisoryboards in companies in the authorized capital of which more than 50 percent of shares (stakes) belong to the state. In particular,an important novelty was that the majority of members of the supervisory board in such companies must be independent members ofthe supervisory board. Thus, in relation to the corporate rights of the state, the legislator has established a number of special restrictions.In particular, the corporate rights of the state are prohibited to transfer to companies for the formation of their authorized capital, exceptfor the transfer to the authorized capital of state joint stock companies and state holding companies. This restriction is aimed at preventingcovert privatization or withdrawal of corporate rights from state ownership.Significant strengthening of legal regulation of supervisory boards in companies in the authorized capital of which more than50 percent of shares (stakes) belong to the state, resulted in the introduction of the provision that the majority of members of the supervisoryboard in such companies must be independent members of the supervisory board. An independent member of the SupervisoryBoard has equal rights and responsibilities with other members and independently decides on voting on all issues on the agenda of theSupervisory Board meeting.

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