scholarly journals Coercing to sterilization: classification of species

2021 ◽  
Vol 2 (16) ◽  
pp. 162-177
Author(s):  
Alesia Viktorivna Gornostay ◽  
Volodymyr Vitaliiovych Iemelianenko
Keyword(s):  
Negative Impact ◽  
Reproductive Rights ◽  
Legal Regulation ◽  
Medical Procedure ◽  
Governmental Organizations ◽  
Expert Opinions ◽  
The Status ◽  
Surgical Sterilization ◽  
The Right

The article provides a concept of coerced sterilization and structuring of its varieties. The problems and the status of protecting the realization of reproductive rights both at national and international levels have been studied. This research is based on the analysis of the experience and legislation of such countries as Ukraine, Central America and Africa countries, USA, Germany, China, Uzbekistan, Tunisia, Singapore, India, Czech Republic, Japan, Armenia, Azerbaijan, Kyrgyzstan, Kazakhstan, Moldova and others, illustrating the coercion of persons to surgical sterilization. The UN, WHO and other international and governmental organizations' international legal acts, laws, decisions of the European Court of Human Rights (ECHR) have been studied. The authors have used statistics from international organizations, expert opinions, doctrinal ideas and views on this issue. First, it is proved that this type of sterilization occurs under the pressure of psychological, political, material circumstances. Many states either contribute financially to this phenomenon or establish discriminatory rules against those who do not wish to undergo this medical procedure. Then the classification of this type of sterilization is given: convicted persons, transgender people, HIV-infected persons and representatives of the poorest layers of the population in overpopulated regions are subject to coerced sterilization. The existence of this problem is also due to insufficient legal regulation, gaps in solving the problem of the responsibility for bribery or mental coercion to sterilization, which leads to profanity, so we can overcome obstacles to human reproductive rights only by eliminating or reducing the negative impact of these factors. On the basis of the conducted research it is offered the ways on improving the prevention and punishment of cases of forcing individuals to renounce the right to reproduce one's kind.

scholarly journals The Phenomenon of Digital Labour Platforms

2020 ◽  
Vol 27 (4) ◽  
pp. 217-229
Author(s):  
Andrzej Marian Świątkowski
Keyword(s):  
Trade Unions ◽  
New Technologies ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Equal Treatment ◽  
The European Union ◽  
Eu Member States ◽  
The Status ◽  
The Right ◽  
Almost All

In all EU Member States the status of people employed on job platforms is not fully legally regulated. It is necessary to consider the sources of the contemporary phenomenon of electronic employment, which is not amenable to legal regulation in the Union constituting an “area of freedom, security and justice with respect for fundamental rights” (Art. 67 (1) of the Treaty on the Functioning of the European Union). The right to work in decent conditions, with adequate remuneration, belongs to this category of rights. In the discussion on employment platforms state authorities are more inclined to consider issues related to new technologies, processes and changes caused by the development and application of modern digital technologies (digitization) in almost all areas. The headquarters of trade unions mainly discuss the legal position of employees and the role of employment platforms in employment relations in the post-industrial era. Entrepreneurs and their organizations, including private institutions and employment platforms, are interested in equal treatment by national legislators in local labour markets. They are afraid of the breach of the balance favorable to their own economic interests, caused by the public interest in the possibility of using employment in atypical forms of employment. Services consisting in employment provided under employment platforms are incomparably cheaper than identical work performed by employees employed under employment contracts.

scholarly journals Legal Regulation of the Status of Subjects of Special Competence in Relation to Public Administration in the Sphere of Intellectual Property in Ukraine

2021 ◽  
Vol 9 (2) ◽  
pp. 221-236
Author(s):  
Yevhen Leheza ◽  
Yuriy Deliya ◽  
Eduard Ryzhkov ◽  
Serhii Albul ◽  
Oleksandr Shamara
Keyword(s):  
Intellectual Property ◽  
Public Administration ◽  
Legal Status ◽  
Legal Regulation ◽  
Documentary Sources ◽  
Domestic Legislation ◽  
The Status ◽  
Special Competence

Relevant issues of the administrative and legal status of subjects of special competence in relation to public administration in the field of intellectual property are considered. Main  content. A circle of specified subjects in the system of subjects of public administration is determined. The role of subjects of special competence in the fulfilment of tasks of public administration in the sphere of intellectual property is identified. Classification of subjects of special competence regarding public administration in this field is presented. Features of the administrative or legal status of each group of subjects of special competence in relation to public administration in the field of intellectual property are analyzed. Specifics of the influence of these subjects on legal relations arising in the sphere of intellectual property are characterized. Materials and methods research based on the analysis of documentary sources. the  basis  is  the  dialectical  method  of  cognition  of  the  facts  of  social  reality,  on  which  the  formal legal and comparative legal approaches are largely based. Conclusions are drawn about the place of subjects of special competence in relation to public administration in the field of intellectual property among other subjects. Proposals on the necessity to improve current domestic legislation in the sphere of intellectual property are formulated.Keywords: Public administration; Intellectual property; Legal regulation; Relation; Sphere; Subjects of special competence Peraturan hukum status subjek kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual di Ukraina  Abstrak.Masalah yang relevan dari status administrasi dan hukum mata pelajaran kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual dipertimbangkan. Isi utama. Lingkaran mata pelajaran tertentu dalam sistem mata pelajaran administrasi publik ditentukan. Peran mata pelajaran kompetensi khusus dalam pemenuhan tugas administrasi publik di bidang kekayaan intelektual diidentifikasi. Klasifikasi mata pelajaran kompetensi khusus tentang administrasi publik di bidang ini disajikan. Fitur status administrasi atau hukum dari setiap kelompok mata pelajaran kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual dianalisis. Spesifik pengaruh subjek ini pada hubungan hukum yang timbul di bidang kekayaan intelektual dicirikan. Bahan dan metode penelitian berdasarkan analisis sumber dokumenter. Basisnya adalah metode kognisi dialektis atas fakta-fakta realitas sosial, yang menjadi dasar sebagian besar pendekatan hukum formal dan hukum komparatif. Kesimpulan diambil tentang tempat mata pelajaran kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual antara mata pelajaran lainnya. Proposal tentang perlunya meningkatkan undang-undang domestik saat ini di bidang kekayaan intelektual dirumuskan.Kata kunci: Administrasi publik, Kekayaan intelektual, Regulasi hukum, Hubungan, Lingkungan, Mata pelajaran kompetensi khusus Правовое регулирование статуса субъектов особой компетенции в отношении государственного управления в сфере интеллектуальной собственности в УкраинеАннотация Рассмотрены актуальные вопросы административно-правового статуса субъектов особой компетенции применительно к государственному управлению в сфере интеллектуальной собственности. Основное содержание. Определен круг указанных субъектов в системе субъектов государственного управления. Выявлена роль субъектов специальной компетенции в выполнении задач государственного управления в сфере интеллектуальной собственности. Представлена классификация предметов особой компетенции государственного управления в этой области. Анализируются особенности административно-правового статуса каждой группы субъектов особой компетенции применительно к государственному управлению в сфере интеллектуальной собственности. Охарактеризована специфика влияния этих субъектов на правоотношения, возникающие в сфере интеллектуальной собственности. Материалы и методы исследования на основе анализа документальных источников. в основе лежит диалектический метод познания фактов социальной действительности, на котором в значительной степени базируются формально-правовой и сравнительно-правовой подходы. Сделаны выводы о месте субъектов особой компетенции по отношению к государственному управлению в сфере интеллектуальной собственности среди других субъектов. Сформулированы предложения о необходимости совершенствования действующего украинского законодательства в области интеллектуальной собственности.Ключевые слова: Государственное управление, Интеллектуальная собственность, Правовое регулирование, Отношения, Сфера, Субъекты особой компетенции.

scholarly journals SYNCHRONIZATION OF PROCEDURAL AND FINANCIAL (BANKING) FUSE OF THE IMMUNITY OF PROPERTY RIGHTS

2021 ◽  
Vol 2 (37) ◽  
pp. 503-509
Author(s):  
V. Kantsir ◽  
V. Kushpit ◽  
A. Palyukh ◽  
I. Tsylyuryk ◽  
I. Kantsir
Keyword(s):  
Property Rights ◽  
Social Reproduction ◽  
Legal Status ◽  
Legal Regulation ◽  
Jel Classification ◽  
Criminal Proceedings ◽  
Legal Context ◽  
The Status ◽  
The Right ◽  
Judicial Protection

Abstract. The article is devoted to analysis of the effectiveness of the main procedural legal and financial (banking) mechanisms designed to ensure the protection of property rights’ immunity. The legally regulated procedures of such protection are analyzed on platforms — both procedural and legal as well as financial and economic. There is no doubt that only in a state where the immunity of property is declared and guaranteed to the person can be provided the development of economic, intellectual, socially oriented activities. The effect of the principle of immunity of property rights is not absolute, but its restrictions are possible only on the grounds and in the manner prescribed by law. The topicality of the inviolability of property rights is due to the role of law as a platform for citizens’ property independence and their participation in the processes of social reproduction. The guarantee of property independence is the right of ownership of property and non-property rights, which is realized by giving a person the right to freely, unimpededly, and fully exercise the rights of the owner of personal property. The compliance of the inviolability of property rights during criminal proceedings is not properly ensured in the current CPC (The Criminal Procedure Code) of Ukraine; in particular, the movement of confiscated property is not regulated, which questions the novelty of inviolability. To improve the procedure for the protection of property rights, this is necessary to regulate at the legislative level the mechanism of protection and restoration of property rights of persons victimized by criminal offenses. The etymology of «inviolability» guarantees by law the protection of the status of the person from any encroachment. Inviolability in the economic and legal context is mainly understood as a person’s legal status, which is an unalterable guarantee against unauthorized restrictions by the state institutions — law enforcement, financial, court, and individuals and legal entities. An attempt is made to accumulate most of the latest achievements (both legislative, theoretically investigative and applied) on the issues of legal regulation of the studied financial and legal relations, based on which scientific views are substantiated, and proposals are developed to improve regulations in this area. The main vectors of economic and legal mechanisms for the protection of the inviolability of property rights, which would correlate with generally accepted European and world standards, have been identified. Keywords: the inviolability of property rights, property rights, principles of proceedings, judicial protection, seizure of property, financial guarantee, financial risks. JEL Classification G28; К14 Formulas: 0; fig.: 0; tabl.: 0; bibl.: 12.

scholarly journals On the peculiarities of the regional lawmaking process

2020 ◽  
pp. 25-38
Author(s):  
Olga Anatolevna Fomicheva
Keyword(s):  
Russian Federation ◽  
Process Analysis ◽  
Legal Regulation ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
The Right

The subject of this research is practice of the constituent entities of the Russian Federation applied in legal regulation of lawmaking process. Analysis is conducted on legislation of the constituent entities of the Russian Federation regarding the establishment of their rights to realization of the legislative initiative. The author’s arguments on carrying out the analysis of regional legislation with regards to establishment of a circle of subjects with the right of legislative initiative are grounded on the scholars’ opinion that the status of the subject of realization of legislative initiative is special. The fact of recognition of the subject of lawmaking process as a subject of legislative initiative is a juridical fact bot only for acquisition of the right to introduction of a bill, but also guarantees for participation in lawmaking process of the parliament. Therefore, establishment of a circle of subjects with the right of legislative initiative is crucial in determination of peculiarities of the regional lawmaking process. Application of the general scientific methods of analysis and synthesis, allowed arranging the circle of the subjects of lawmaking process into groups, as well as formulate a conclusion on the specificities of setting rules for the lawmaking process realized in constituent entities of the Russian Federation. The philosophical methods of cognition of legal reality allowed determining the general rules of lawmaking process, summarize the acquired data, and comprehensively examine the research materials. Having analyzed the practice of legal regulation, the author identified the flaws in terminology used in practice of the constituent entities of the Russian Federation. Recommendations are made to pay closer attention to ambiguity of legislation in some regions of the Russian Federation. A conclusion is formulated on the positive experience that can become an example for other constituent entities of the Russian Federation in setting rules for the lawmaking process.

scholarly journals Tax lien as a way to ensure the fulfillment of the constitutional obligation to pay taxes and fees

2020 ◽  
pp. 89-92
Author(s):  
Svitlana Hretsa
Keyword(s):  
Legal Regulation ◽  
Legal Aspects ◽  
Legal Regime ◽  
Important Place ◽  
The Status ◽  
Protection Of Human Rights ◽  
History Of ◽  
The Right ◽  
Legal Mechanism

The article highlights the legal aspects of using the tax lien as a means to ensure the constitutional obligation to pay taxes andfees. The focus is on the importance of proper implementation of constitutional obligations for the protection of human rights and theperformance of state functions. An important place for tax liability in the system of constitutional obligations has been identified. Themain ways of ensuring the fulfillment of the tax obligation have been revealed and the key role of such a way as tax lien has beenemphasized. The concept of tax lien is defined and the history of formation of this institution in the legislation of Ukraine is revealed.The grounds for the emergence of the right of tax lien, the peculiarities of its documentation (registration) is presented. The status andpowers of the tax manager about the description of the property in the tax lien, checks of its condition, etc. are determined. The articledescribes the legal consequences of non-compliance with the legal requirements of the tax manager, in particular the suspension in courtof expenditure transactions on bank accounts, and in some cases - the use of administrative seizure of property. The author disclosesthe legal regime of property that is in tax lien, the scope of taxpayers’ rights to use it, the content of legislative restrictions on the possibilityof disposing of such property, the procedure for coordinating transactions with mortgage assets. The legal grounds for terminationof the right of tax lien are indicated. The legal mechanism of realization of the right of the tax pledge, the order and sequence ofthe address of collecting on the pledged property is described. The author revealed the shortcomings of the legislation, in particular thelong nature of the recovery in court. Proposals have been made to improve the legal regulation of the tax lien to increase the effectivenessof this instrument to ensure proper implementation of the constitutional obligation to pay taxes. In particular, it is proposed to providethe possibility of extrajudicial recovery of property that is in tax lien when the taxpayer has given written consent.

Suspicion and Charge Statuses in Criminal Remedial Activities

2015 ◽  
Vol 3 (7) ◽  
pp. 0-0
Author(s):  
Елена Сопнева ◽  
Elena Sopneva
Keyword(s):  
Legal Regulation ◽  
The Other ◽  
Theoretical Development ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Foreign Experience ◽  
Procedural Time ◽  
The One ◽  
The Right

The author analyzes legislative, theoretical and practical levels of suspicion and charge enforcement. The author identifies problems of understanding the concepts of suspicion and charge: during theoretical and legislative classification of these categories the author identifies the absence of sound differences in their essence. The author considers foreign experience in realization of the suspicion and charge statuses in criminal remedial activities. The author comes to the conclusion that on the one hand, the suspicion, due to its procedural demand and importance has the right for independent theoretical development and independent legal regulation and on the other hand, it can be considered as an alternative to charge, since the latter cannot be considered to be the only possible basis for a transfer of a criminal case to a court. The author also accepts the variant when suspicion takes principal procedural time and the charge is defined at the end of criminal proceedings when the case is transferred to a court to be considered on the merits.

scholarly journals Legal regulation of the supply agreement in Russia

2021 ◽  
pp. 197-207
Author(s):  
Andrei Aleksandrovich Morozov ◽  
Konstantin Gennad'evich Svarchevskii ◽  
Aleksei Leonidovich Sachenko
Keyword(s):  
Soviet Union ◽  
Legal Regulation ◽  
Russian Empire ◽  
Regulation Mechanism ◽  
Political Systems ◽  
The Status ◽  
The Subject ◽  
The Russian Empire ◽  
Original Classification

The subject of this research is examination of the causes for the emergence of the contractual structure for the supply of goods, as well as the evolution of the development of legal regulation mechanism of the supply agreements in the Russian Empire, Soviet Union, and modern Russia. The study of the supply agreement is conducted in its relation to the purchase and sale agreement. The relevance of this research is substantiated by the importance of knowing the peculiarities of regulation of civil law framework of the supply agreement and the need for systematization of views upon the development of legal regulation mechanism of the supply agreement in different periods and political systems in Russia, thereby dividing all periods of legal regulation of the supply agreement into several stages. The author underlines the importance of comparative analysis of the purchase and sale agreement with the supply agreement throughout the entire time of their coexistence. The author systematizes the information on the development of legal regulation mechanism of the supply agreement; offers the original classification of its evolution consisting of several stages: prerevolutionary, Soviet, and modern; substantiates the formulated conclusions; analyzes the interrelation between the purchase and sale agreement and the supply agreement, as well as their role during each of the highlighted stated of evolution of the legal regulation mechanism of the supply agreement. The article also analyzes the peculiarities of the purchase and sale agreements within the framework of each period under review; determines the status of the purchase and sale agreement, and the degree of its autonomy.

scholarly journals On the concept and classifications of foreign citizens and stateless persons

2020 ◽  
pp. 45-51
Author(s):  
Ye. Herasymenko
Keyword(s):  
Legal Status ◽  
Technical Assistance ◽  
Legal Regulation ◽  
General Concept ◽  
General Notion ◽  
Theoretical Concepts ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Business Entities

The article is devoted to the analysis of the concept and classification of foreign citizens and stateless persons in Ukraine. Legal acts in this field, theoretical concepts and provisions of international acts, foreign practice of legislative regulation are studied. This analysis was conducted in order to improve the legal regulation of the legal status of non-citizens of Ukraine and to ensure the protection of those who need it, in particular through administrative and legal instruments. On the basis of the conducted research theoretical and legal problems and gaps and inconsistencies with the legislation of Ukraine are revealed; developed proposals for its improvement. It is proposed to include into the legislation of Ukraine the general concept of “non-citizen of Ukraine” as a general notion for foreign citizens and stateless persons. The criterion to distinguish persons from this category is the fact that a person has the citizenship of Ukraine. At the same time, the legal status of all non-citizens is characterized by the absence of the same scope of rights and obligations for all these persons, defined by the Constitution of Ukraine only for its citizens – “citizens” rights and responsibilities. The article also proposes to improve the classification of non-citizens (foreigners and stateless persons). In particular, it is proposed to single out the following types of non-citizens according to the criterion of stay on the territory of Ukraine: 1. Persons temporarily staying in Ukraine.2. Persons temporarily residing in Ukraine, in particular, who arrived in Ukraine:2.1. for employment;2.2. to participate in the implementation of international technical assistance projects;2.3. for religious purposes or to participate in the activities of public (non-governmental) organizations of foreign states;2.4. for work in branches or representative offices of foreign business entities;2.5. for cultural, scientific, educational activities,2.6. in order to participate in volunteer activities;2.7. for the purpose of training;2.8. in order to control the activities of a legal entity registered in Ukraine;2.9. to reunite the family.3. Persons permanently residing in Ukraine.

scholarly journals COERCED STERILIZATION AS A REPRODUCTIVE RIGHTS VIOLATION

2020 ◽  
Vol 73 (12) ◽  
pp. 2902-2908 ◽  
Author(s):  
Volodymyr Iemelianenko ◽  
Gornostay Alesia ◽  
Maslak Nataliya
Keyword(s):  
State Government ◽  
Analytical Data ◽  
Scientific Publications ◽  
Transgender People ◽  
Infected People ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
European Court ◽  
Surgical Sterilization ◽  
The Right

The aim: To outline and systematize the issues related to violations and restrictions on the realization of the right to reproduction. To develop propositions and recommendations on improving the prevention and combating various manifestations of coerced sterilization. Materials and methods: Theoretical basis for studying this issue includes scientific publications, research of the legislative systems of different countries, the conclusions of international non-governmental organizations. The authors of the paper have also taken into account international regulations, including UN Conventions and Directives, decisions of the European Court of Human Rights (ECHR), as well as analytical data provided by international organizations. Determinants in the study of this problem are the analysis, synthesis and generalization of the experience and legislative base of foreign countries, which are closely related to formal and comparative methods. Systematic, structural, dialectical and statistical methods have been also used in this paper to substantiate the problem of sterilization. Conclusions: The most radical decision to refuse from reproduction is surgical sterilization (defertilization). It can be classified as voluntary, forced and coerced. The problems of preventing and combating coerced sterilization are among the most difficult ones. Bribery and mental coercion of persons in order to obtain consent for sterilization are either not regulated by law and do not entail any liability, including criminal, or even are part of the state government policy to regulate the number of citizens in overpopulated countries, HIV-infected people, including prisoners or transgender people.

scholarly journals Problematics of the Content of "Labor" Сonstitution Сategory

2021 ◽  
pp. 20-24
Author(s):  
Anna Kanakova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
High Quality ◽  
The Status ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article discusses the constitutional category of «labour», the definition of which is not enshrined in legislative acts because it is considered to be a well-known category, which is not a special legal one and does not require any clarification. However, this approach creates difficulties for legal regulation, as it blurs the boundaries for the legislator and the executor. Lack of awareness of the concept of a regulated category can lead to a situation when the legislator, creating a new law or making amendments to an existing one, will subject to regulation the area that does not pertain to the relevant legal phenomenon, or vice versa - will ignore part of the content of the regulated category, which is certain to negatively affect the quality of legal regulation. Law enforcement practices similarly face difficulties in having only doctrinal understandings of statutory concepts, which creates inconsistency in decisions made by lawyers in course of their professional work. The 1993 Constitution of the Russian Federation enshrined the category of «labour» in a number of articles, but did not clarify the interpretation of its concept. The analysis of economic and legal views on labor allows us to conclude that, despite the status of a well-known category, which, it would seem, does not need an explanation, only the presence of clear criteria for recognizing an activity as labor, provides high-quality legal regulation, in particular, it allows not only to separate the types of activities that are not subject to legal regulation, but also to choose the right branch of law that regulates social relations in each particular case.

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