scholarly journals NORMS OF ADMINISTRATIVE-TORT AND CRIMINAL LEGISLATION IN THE MECHANISM OF REALIZATION OF THE RIGHT TO FREE USE OF ONE'S ABILITIES AND PROPERTY FOR ENTREPRENEURIAL AND OTHER ECONOMIC ACTIVITIES NOT PROHIBITED BY LAW

2021 ◽  
Vol 37 (1) ◽  
pp. 57-61
Author(s):  
I.N. Akhmetova ◽  
Keyword(s):  
Business Community ◽  
Economic Activities ◽  
Negative Image ◽  
The Public ◽  
Public Consciousness ◽  
Important Means ◽  
Legitimate Interests ◽  
Constitutional Right ◽  
The Right ◽  
Criminal Legislation

Illegal business conduct by one entrepreneur can harm the legitimate interests and rights of other representatives of the business community, carries reputational risks, creates a negative image of the entrepreneur's personality in the public consciousness, and thus damages the constitutional right to freely use their abilities and property for entrepreneurial and other economic activities not prohibited by law. Therefore, the detection, suppression and prevention of offenses and abuses is an important means of protecting the constitutional law under consideration. The article is devoted to the analysis of administrative and criminal legislation in the mechanism of realization of the right to free use of one's abilities and property for entrepreneurial and other economic activities not prohibited by law.

PATRIOTIC EDUCATION IN THE MODERN EDUCATIONAL PROCESS IN KAZAKHSTAN

2021 ◽  
Vol 74 (2) ◽  
pp. 72-79
Author(s):  
A. Zhusupova ◽  
◽  
Keyword(s):  
Educational Process ◽  
Sovereign State ◽  
The Public ◽  
Economic Transformations ◽  
The World ◽  
Patriotic Education ◽  
Public Consciousness ◽  
Patriotism Education ◽  
Special Approach ◽  
The Right

The article deals with the problems of patriotism education in Kazakhstan, associated with the radical socio-economic transformations taking place in the world and in our country. All these changes have caused great changes in the public consciousness and spiritual life of society. With the acquisition of Kazakhstan's status as a sovereign state, the education of patriotism among the younger generation requires a special approach and interpretation, in consequence of the multinational nature of this state. It is necessary to form the right attitude to their Homeland and this should engage society, as patriotism is not inherent in the genes, it is not hereditary, and social quality. Love for the Motherland is the deepest of human feelings, which are the spiritual Foundation of social and state development. Patriotism can become a criterion for assessing the essence and the whole life of a person. Patriotism is presented as a form of axiological development of personality.

scholarly journals Subjects of the Right to Appeal to the Court in Cases of Recognition of Inheritance as Escheat

2021 ◽  
pp. 70-94
Author(s):  
Nadiia BONDARENKO-ZELINSKA ◽  
Maryna BORYSLAVSKA ◽  
Oksana TRACH
Keyword(s):  
Human Rights ◽  
The Public ◽  
Scientific Analysis ◽  
The Status ◽  
Land User ◽  
Legitimate Interests ◽  
The Subject ◽  
Government Body ◽  
The Right ◽  
Do So

The article explores certain problems of law enforcement practice in recognizing inheritance as escheat. The subject of scientific analysis is the subject composition of these procedural relations. Applicants in this category of cases can be conditionally divided into two groups: 1) persons obliged to submit an application to the court for recognition of the inheritance as escheat, and 2) persons who have the right to do so. The persons who are obliged to apply to the court for recognition of the inheritance as escheat are territorial communities. On the basis of an analysis of the legislation, it was established that in the case where a united territorial community was formed in a certain territory, it is authorized to apply to the court for recognition of the inheritance as escheat. On behalf of the local self-government body as a representative of the territorial community (united territorial community), a lawsuit may be initiated to recognize the inheritance as escheat: 1)by its headman or 2) another person authorized to do so according to the law, statute, regulation, employment contract. That is, there can be both self-representation and representation on the basis of a special assignment. It received additional justification for the ability of the prosecutor’s office to submit an application for recognition of the inheritance as escheat in the absence of a territorial community. In such a case, the public prosecutor's office shall represent the legitimate interests of the State in court, in accordance with article 56 of the Code of Criminal Procedure, as a body or person entitled to defend the rights, freedoms and interests of others (human rights defender). The possibility of participating not only as an applicant but also as a human rights defender is justified. The possibility of self-representation of local self-governments in cases of recognition of inheritance as escheat by a headman is proposed. It is further argued that such a possibility should be provided for in the Headman’s Regulations, which are approved by the relevant local councils. The peculiarities of initiation of production by subjects for whom the application to the court for recognition of the inheritance as escheat is a right, not an obligation (creditors of the testator, owners and/or users of adjacent land plots) are analyzed. If an applicant in cases of recognition of the inheritance as escheat is a creditor, documents confirming the existing obligations in relation to the debtor-testator should be attached to the application. Recommendations are made on a list of documents that can confirm the status of an applicant-related land user to apply to the court for recognition of the inheritance as escheat. It is proposed to amend Art. 335 CPC of Ukraine on the necessity to provide the originals of written evidence together with a statement on the recognition of the inheritance as escheat. The role of a notary in cases of recognition of inheritance as escheat has been investigated. It is proposed to provide in the legislation the right of a notary to submit to the court an application for recognition of the inheritance as escheat. It is proposed to improve the way of informing the public about the discovery of an inheritance that has no heirs.

Politics and business on the Russian background (O.Z. Mushtuk's textbook «Business and politics»)

2020 ◽  
Vol 4 (3) ◽  
pp. 80-85
Author(s):  
A. Matyuhin
Keyword(s):  
The State ◽  
Business Community ◽  
Negative Image ◽  
Social Mission ◽  
The Troubles ◽  
Community Needs ◽  
Business Partnership ◽  
Business And Politics ◽  
The Right ◽  
Modern Russian

The purpose of this review is to present and analyze the original textbook of the candidate of historical Sciences, Professor O.Z. Mushtuk "Business and politics", which has no analogues in the Russian educational literature. The author is known for many years of research on complex problems of the relationship between the political and business spheres of modern Russian realities. O.Z. Mushtuk broke his rich experience and knowledge through the creation of this manual, which also has an applied nature of a kind of practical course in political science for entrepreneurs. This is a serious attempt to answer basic questions – not only "who is to blame" for the troubles of modern Russian business, but also" what should domestic entrepreneurs do " in their relations with the state, bureaucratic structures, political parties, public organizations, and local authorities. According to the author, it is important for domestic business to solve two key tasks: on the one hand, to obtain from the state, officials the right to constructive dialogue and responsible business partnership, and on the other hand, to change the negative image formed by years of Russian market reforms, the negative image in the eyes of the population. To do this, the business community needs to become a truly creative, creative class, aware of its responsibility, aware of its social mission to serve the entire society, not just its own pocket and individual Bank accounts.

scholarly journals Contours of Feminist Consciousness in the Musical and Theatrical Life of Vilnius: The Second Half of the Nineteenth Century and the Early Twentieth Century

Menotyra ◽  
2021 ◽  
Vol 28 (1-2) ◽  
Author(s):  
Vida Bakutytė
Keyword(s):  
Twentieth Century ◽  
Social Life ◽  
The Public ◽  
Male Roles ◽  
Female Self ◽  
Long Period ◽  
Broad Concept ◽  
Public Consciousness ◽  
Professional Fields ◽  
The Right

Feminism is a broad concept, and its definition is a constant subject of debate. The article is limited to the treatment of feminism as one of the aspects in the development of female identity. The chronological boundaries of feminism discussed in this article cover the period from the second half of the nineteenth to the beginning of the twentieth century. This period is traditionally considered the first wave of feminism as an organized movement. Although primarily associated with the fight for the right of women to vote, this movement also extended to women’s other social and professional fields. Both in Lithuania and other countries, the growing modernisation of society gradually rendered the general attitude towards women’s creative work more liberal: the artistic expression of actresses and female musicians became freer. However, the shift in public consciousness and the transformation of values was not fast enough. Traditions of social life and the stereotypes of gender cohesion resulted in diverse public reflections on these changes for a long period of time: women were often subjected to one set of standards on the stage and another set of standards when off the stage. The theatrical and concert life of Vilnius, Lithuania’s major culture hub, witnessed more and more examples (both local and foreign) that reflected the change in female self-expression. On the theatre stage, actresses demonstrated unusually bold means of acting expression (admittedly, this phenomenon was partly due to the epochal changes in theatre art), dared to play male roles. The number of female soloists in concerts was growing: female singers and pianists had to compete with violinists. Although with caution (triggered by the position of the instrument while playing it), female cellists were admitted to the cultural space. It should be noted that the striving of a woman – an actress or a musician –to break or ignore the deep-rooted public stereotypes would often receive a controversial response from the public and the reviewers of cultural events.

scholarly journals The Legal Framework and Barriers to Access to Environmental Information in Ethiopia

2021 ◽  
Vol 15 (1) ◽  
pp. 139-172
Author(s):  
Abdulkader Mohammed Yusuf
Keyword(s):  
Legal Framework ◽  
Vital Role ◽  
Environmental Information ◽  
Access To Information ◽  
Multilateral Environmental Agreements ◽  
The Public ◽  
Barriers To Access ◽  
Constitutional Right ◽  
The Right ◽  
Right Of Access

Information plays a vital role, both in terms of its importance for a democratic order and as a prerequisite for public participation. Many countries have made provisions for access to information in their respective constitutions. The FDRE Constitution explicitly provides that everyone has the right to seek and receive information. The Freedom of Mass Media and Access to Information Proclamation –which entered into force in 2008– gives effect to this Constitutional guarantee. Moreover, the number of laws on different environmental issues is on the rise, and the same could be said of the multilateral environmental agreements that Ethiopia has ratified. Many of the laws incorporate the right of the public to access environmental information held by public bodies. Despite the existing legal framework, there are still notable barriers to access to environmental information. By analyzing the relevant laws, the aim of this article is to contribute to the dialogue on the constitutional right of access to information with particular emphasis on the legal framework on, and the barriers to, access to environmental information within the meaning of Principle 10 of the Rio Declaration.

scholarly journals Monopoly of State-Owned Enterprise of Social Justice

2017 ◽  
Vol 1 (2) ◽  
pp. 98
Author(s):  
Rory Jeff Akyuwen
Keyword(s):  
The State ◽  
Economic Activities ◽  
High Quality ◽  
The Public ◽  
The People ◽  
Role Of The State ◽  
General Benefit ◽  
The Republic ◽  
The Right

The role of the state through BUMN becomes so important when it is formulated in a provision as formulated in Article 33 Paragraph (2) of the 1945 Constitution of the State of the Republic of Indonesia, where the production branches which are important for the State and which affect the livelihood of the public must be controlled by Country. Here it indicates the authority of the State to participate in economic activities through the operation of production branches that can be categorized as important for the State and considered vital and strategic for the interest of the State.This is based on the reasons as formulated in the explanatory section of Article 33 of the 1945 Constitution of the State of the Republic of Indonesia, so that the benefits of the production branches do not fall into the hands of individuals, the State actively takes the role to cultivate it because the production branch is considered important and which control the livelihood of the people for the greatest prosperity of the people. State-Owned Enterprises is formed with the aim of contributing to the development of the national economy in general and the state's revenue in particular; The pursuit of profit; To hold general benefit in the form of providing goods and / or services of high quality and adequate for the fulfillment of the livelihood of the public; Pioneering business activities that have not yet been implemented by the private sector and cooperatives and actively providing guidance and assistance to weak economic entrepreneurs, cooperatives, and communities.SOEs are given the right to monopoly in the economic field which is considered to control the livelihood of many people.

scholarly journals Problematic issues of appealing against the decision of the investigating judge, the court on sending a person to a medical institution for a psychiatric assessment

2021 ◽  
pp. 328-334
Author(s):  
O.I. Tyshchenko
Keyword(s):  
Court Decision ◽  
Medical Institution ◽  
Criminal Proceedings ◽  
Psychiatric Assessment ◽  
Procedural Law ◽  
Legitimate Interests ◽  
Forensic Psychiatric ◽  
Constitutional Right ◽  
The Right ◽  
Judicial Protection

The article reveals the problem of appealing against the decision of the investigating judge, the court on sending a person to a medical institution for a psychiatric assessment, in particular: a) it is stated that sending a person to a medical institution for assessment is a form of restriction of his or her constitutional right to liberty, which is equivalent to detention. It is proposed to amend the Criminal Procedure Code (hereinafter – the CPC), which provides for the right to a separate appeal against a court decision on sending a person to a medical institution for assessment, decided in court before the court decision on the merits. The lack of possibility to appeal against such a court decision creates a potential danger of illegal restriction of a person’s constitutional right to liberty and security during their placement in a medical institution for the inpatient forensic psychiatric assessment (hereinafter – the IFPA), which violates the essence of the right to judicial protection; b) it is proved that the decision of the investigating judge, the court to send a person to a medical institution for the IFPA may limit not only the rights of the suspect, accused, but thus also affect the legitimate interests of others who do not have procedural status in criminal proceedings. It is determined the expediency of granting the right to appeal the said court decision to the victim and other persons whose interests it concerns; c) it is noted that the mechanism of prolongation of the term of the IFPA is not regulated in the domestic criminal procedural law, however judges continue it in the absence of a legislative basis. Therefore, it is expressed the scientific position on the rationality of appealing not only the decision of the investigating judge, but also the court’s decision to extend the term for sending a person to a medical institution for assessment. 

scholarly journals Jawność rozprawy głównej a gwarancje przewidziane w Konstytucji

2021 ◽  
Vol 28 (2) ◽  
pp. 225-237
Author(s):  
Radosław Koper
Keyword(s):  
Critical Analysis ◽  
Criminal Procedure ◽  
Public Prosecutor ◽  
Fundamental Change ◽  
Criminal Proceedings ◽  
Main Trial ◽  
Criminal Proceeding ◽  
The Public ◽  
Constitutional Right ◽  
The Right

The principle of openness, as one of the foremost principles of criminal proceedings, is realised above all during the main trial. The amendment act of law to the code of criminal procedure issued on 10 June 2016 introduced model changes in this regard. The article is devoted to a discussion of mainly these changes in the context of their consistency with the Constitution. The first change has to do with the fact that the public prosecutor has the right to express his or her objection toward the holding of a trial in camera, while such an objection is binding for the court. This regulation is a source of reservations of constitutional nature, for it violates the constitutional right to a fair adjudication of a case by the court. The second fundamental change consists in the establishment, as a principle, of audio-visual registering of the court session by the representatives of media outlets. In these terms, a critical analysis should be conducted upon the removal of the condition of the respect of the important interest of the participant of a criminal proceeding. However, a basically positive evaluation was received by the extension of the scope of the openness of the main trial, expressing a thesis about the constancy of this regulation with the Constitution.

scholarly journals Application of measures to ensure the claim in administrative proceedings

2021 ◽  
Vol 66 ◽  
pp. 168-172
Author(s):  
Т. О. Tour
Keyword(s):  
System Analysis ◽  
Security Measures ◽  
Public Authorities ◽  
Public Power ◽  
The Public ◽  
Legitimate Interests ◽  
Administrative Proceedings ◽  
The Right ◽  
Judicial Protection ◽  
Further Development

The article, based on the methodology of system analysis, considers the application of measures to ensure the claim in the administrative proceedings of Ukraine. Judicial protection includes various components, including procedures for reviewing decisions and actions or inaction of public authorities. The institute of securing a claim on an administrative claim, which was formed in administrative proceedings, is the result of a discussion on the formation of a European system of administrative justice in Ukraine. It is established that the mechanism of securing a lawsuit in an administrative lawsuit has a pronounced positive effect on achieving the key goal and objectives of administrative proceedings. This applies to ensuring legality and discipline in the system of public administration, elimination of violations by officials of public authorities. The applied mechanism promotes full realization of the right of subjects directly involved in public legal relations to judicial protection from illegal actions and decisions accepted by the public power and its officials, on realization of full and effective protection of the rights, freedoms and lawful interests of physical and legal persons. The institute of securing the claim can be considered as a logical conclusion of the procedure of establishing the public-law specialization of the procedural provision of the rights, freedoms and legitimate interests of the plaintiff. It is determined that the allocation of security of the claim as a special institution in the system of administrative proceedings is explained by the following factors: security measures, typical for the exercise of judicial power; the specifics of the legal environment, where the prerequisites for the existence of institutions of administrative law, for the emergence of public disputes, the further development of which occurs in the implementation of administrative powers of public authorities in relation to all other persons involved in administrative relations.

scholarly journals Constitutional Rights in the Sphere of Entrepreneurial Activity and Peculiarities of Holders of Such Constitutional Rights

2019 ◽  
pp. 66-72
Author(s):  
E. M. Yakimova
Keyword(s):  
Civil Rights ◽  
Entrepreneurial Activity ◽  
Constitutional Rights ◽  
Economic Activities ◽  
Economic Rights ◽  
Component Structure ◽  
The Russian Federation ◽  
Constitutional Right ◽  
Definition Of ◽  
The Right

Constitutions of the majority of countries of the world contain a detailed catalogue of human and civil rights and freedoms that tends to expand. At the same time, the essence of economic rights is defined in the regulation of the rights of the “second” generation and is associated with the recognition of property rights and the right to carry out activities aimed at obtaining income. In the process of drafting modern constitutions, States only specify the rights in question. The constitutional right to the free use of one’s abilities and property for entrepreneurial and other economic activities not prohibited by law is considered in this article as a basic, but not the only right in the sphere of entrepreneurial activity. A special feature of the implementation of the right under consideration is its special range of holders of the right in question. It is concluded that the construction of Article 34 of the Constitution of the Russian Federation has a two-component structure (denotes two types of activity: entrepreneurial and other economic activities). Such a design determines the definition of the range of holders of the right under consideration: the range of holders of the right depends on whether the issue involves only entrepreneurial or any other economic activities.

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