scholarly journals Codification of international law: theoretical aspects

2021 ◽  
pp. 312-318
Author(s):  
R.D. Saray ◽  
S.S. Kalinyuk ◽  
D.Yu. Tymkiv
Keyword(s):  
International Law ◽  
Legal Regulation ◽  
Legal Analysis ◽  
International Treaties ◽  
Legal Norms ◽  
Progressive Development ◽  
Main Form ◽  
Rights Of The Child ◽  
The Law ◽  
Definition Of

The effectiveness of law, as a system of legal norms and principles, largely depends on the level of organization of the latter. The criterion for assessing this condition is the level of systematization of legal norms. International law is no exception in this regard and the systematization of international legal norms directly affects its effectiveness. The article is devoted to the analysis of the issue of systematization of international legal acts and norms, the main form of which is their codification. First of all, the definition of systematization of rule norms in international law is revealed. It is determined that at the international legal level the main form of systematization of legal norms is their codification. It has been studied that it is the codification of the norms of international law that makes it possible to achieve the main goal of systematization, namely to adopt a single codified international legal document in order to comprehensively regulate a certain branch of international law.             Particular attention in the article is paid to the codification functions, which are designed to ensure the integrity of the international legal system, to unify its norms in order to obtain a balanced approach to the legal regulation of the same types of concepts in different legal systems.             Theorist-legal analysis of the separation in international law of such concepts as codification, incorporation and consolidation is carried out.             The article also focuses on determining the place and role of the UN Commission on Progressive Development and Codification of International Law. Morewhere, this UN structural unit is essentially the only universal institution right to formally codify international legal norms. And the results of the activities of the UN Commission on International Law are embodied in the adoption of international conventions under the auspices of the United Nations (Convention on the Law of International Treaties, Convention on the Law of the Sea, Convention on Diplomatic Relations, Convention on the Rights of the Child, etc.).             The article concludes with a brief conclusion, which justifies the importance of further work in the direction of codification of international law.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

scholarly journals FEATURES OF THE QUALIFICATION OF UNFAIR COMPETITION EXPRESSED IN THE FORM OF ILLEGAL ACTIONS REGARDING PROTECTED INFORMATION

2021 ◽  
pp. 100-103
Author(s):  
A. S. Valevko
Keyword(s):  
Scientific Literature ◽  
Unfair Competition ◽  
Legal Analysis ◽  
Legal Norms ◽  
Disclosure Of Information ◽  
Legal Regimes ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
Definition Of Information

The article deals with the characteristics of one of the forms of unfair competition associated with the illegal receipt, use, disclosure of information prohibited by article 30 оf the law of the Republic of Belarus "On countering monopolistic activities and development of competition". Based on the legal analysis of the legal norms of the antimonopoly legislation and scientific literature, the author reveals the signs and conditions of disorganization of the competitor's activities committed by illegal dissemination of commercial or official secrets. The author analyzes the definition of" information", signs of commercial and official secrets and the legal regimes established in relation to them. The circumstances and elements of the offense are important for the requirements of an administrative offense under Article 13.33 "Unfair Competition" of the Code of the Republic of Belarus on Administrative Offenses, expressed in the form of actions in relation to protected information, are considered. 

On the Minimum Age of Criminal Responsibility in International Law

2019 ◽  
pp. 65-71 ◽  
Keyword(s):  
International Law ◽  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Court ◽  
Legal Analysis ◽  
International Treaties ◽  
Criminal Courts ◽  
Analysis And Synthesis ◽  
Minimum Age ◽  
Key Aspects

Due to direct participation of children in hostilities and the possibility of committing war crimes by children it is necessary to address the issue of the criminal responsibility of the child in international law. One of the key aspects is the minimum age of such responsibility. The aim of the article is to study whether children might be prosecuted by international or internationalized criminal courts. To achieve this goal, the author applied both general scientific (analysis and synthesis, deduction and induction) and private methods (formal legal, comparative legal and historical legal). Analysis of international treaties, travaux préparatoires and the case law of international and hybrid criminal courts leads to the following conclusions. The majority of international treaties either do not contain a special rule on the minimum age of criminal responsibility or set out framework provisions. There are certain grounds for recognizing 15 years as the minimum age of criminal responsibility in international law. At the same time, due to various circumstances (in particular, the «straight 18» policy, exclusion from the jurisdiction of the International Criminal Court for persons under 18), the prospects for international legal regulation of these relations are difficult to predict.

scholarly journals Legal means in mechanism of law-making

2020 ◽  
Vol 11 (11) ◽  
pp. 196-200
Author(s):  
Pavliukov I. I. I. I.
Keyword(s):  
Social Relations ◽  
Legal Regulation ◽  
Legal Norms ◽  
Application Of Law ◽  
Second Stage ◽  
Common Criteria ◽  
The Law ◽  
Draft Regulation ◽  
Definition Of ◽  
Law Making

The article analyzes the approaches to the definition of legal means and provides the author's definition of this legal category. The author determines that the mechanism of law-making is maximally combined with the law-formation process and is a set of legal activities in this area. In addition, the article analyzes the stages of the law-making mechanism: the stage of preliminary formation of state will (project preparation), which begins with the stage of decision-making on project preparation, and the stage when work on the project enters the official phase and is carried out by the law-making body. Also, the author considers the problem of distinguishing between the mechanisms of law-making and law-formation and provides common criteria for both categories. The author of the article concludes that the main elements of the mechanism of law-making are legal means (in relation to the mechanism of law-making they are regulated by regulations of authorized state bodies for the adoption, amendment, repeal of legal norms); normative-legal acts, according to which the specified activity is carried out; acts of application of law; legal relations between the subjects of the law-making mechanism for streamlining and improving the law-making process. Also, according to the author, each stage of lawmaking consists of stages of law formation, each of which requires its own legal means to optimize this process: at the first stage there are objective prerequisites in the legal regulation of certain social relations, while the second stage of law-making associated with the formation of the very idea of the draft regulation or other official source of law. Keywords: legal means, mechanism of law-making.

scholarly journals International treaties in the historical and legal reality of Old Rus : an axiological approach

2021 ◽  
pp. 152-158
Author(s):  
Yevhen Rominskyi
Keyword(s):  
International Law ◽  
Legal Regulation ◽  
International Treaties ◽  
Sources Of Information ◽  
Historical Sources ◽  
Cultural Space ◽  
Private And Public ◽  
History Of ◽  
The Law ◽  
History Of International Law

Introduction. Treaties concluded with the participation of state formations of Old Rus, as monuments of law and sources of law are not only important for the history of international law and the history of law of individual regions, but are also unique sources of information to cover the formation and evolution of legal and cultural space throughout Old Rus, due to a number of unique aspects inherent exclusively in such treaties. The aim of the article. The study provides for the disclosure of the value of international treaties concluded with the participation of state entities of Old Rus, as a source of constructing the historical and legal reality of the era. This includes the possibility of highlighting the unity of the legal and cultural space of Old Rus, the evolution of legal and cultural ideas of Old Rus lawyers and statesmen on the nature of the legal regulation of certain social processes etc. Methods and results. International treaties concluded with the participation of state formations of Old Rus (hereinafter ‒ the international treaties of Old Rus) are of exceptional value for the reproduction of the entire historical and legal reality of Medieval Rus. And the reasons for this are highlighted in this study. As a rule, the critical attitude to the international agreements is connected with territorial and chronological aspects of their origin and this should be delved into first of all. One of the most fundamental aspects of the study of Old Rus law is the chronological limitations of sources. The vast majority of legal monuments are texts of the day after the Mongol conquest of Old Rus. In particular, the so-called Short edition of Rus’ka Pravda is known in the list of the beginning of the XV century, the Extended edition ‒ first half of the XIV century etc. At the same time, the protographs of the texts are much older than the lists we know. This situation makes it impossible to study the Old Rus law in the dynamics. Instead, international treaties are known from texts dating from the X to XIV centuries, or from their exact copies or censuses. Therefore, it is possible with treaties to follow their gradual evolution over five centuries. Of particular importance is the study of international treaties to highlight the territorial unity and individuality of ancient regions. Most of the monuments of both secular and ecclesiastical law of Old Rus are known to us from the lists that have survived mostly in the northern regions: Novgorod and Rostov-Suzdal. Instead, international treaties involve a large number of political centers in the south, west, and northwest of Old Rus. The analysis of international treaties supplemented by separate information from other monuments makes it possible to clearly highlight the unity of approaches throughout the period from the X to the XIV centuries in a wide area from Kiev to Volyn, Smolensk, Polotsk, Pskov and Novgorod. The value of international treaties for the study of the law of Old Rus is due to the confirmation of the practical application of these treaties to a number of historical sources (chronicles, private and public acts). This also distinguishes international treaties from other sources of secular law of Old Rus (princely statutes, collections of laws, etc.). On the territorial distribution of the latter, science draws a conclusion based on the prevalence of later documents, which reflected the consequences of the application of ancient norms. Instead, the breadth of application of the provisions of international treaties is confirmed by both public acts and information from narrative sources. It is important that the scope of international treaties was not limited to the signatory parties, and their provisions were applied to the regulation of relations between foreigners and aborigines in other lands of Old Rus. Conclusions. Although the international treaties of Old Rus are important monuments of both international law and the law of individual princely centers, together they constitute a unique source of legal and cultural space of Old Rus and are absolutely indispensable for constructing its historical and legal reality. In view of this, international treaties, regardless of the territory of the modern states of the political centers that were parties to these treaties at the time, are monuments of the law of all states that now include the lands of the former Old Rus.

scholarly journals Establishing safety zones around fixed structures at sea on continental shelf (legal issues)

2019 ◽  
Vol 15 (2) ◽  
pp. 52-59
Author(s):  
K. V. Krymskay
Keyword(s):  
Continental Shelf ◽  
International Law ◽  
Offshore Structures ◽  
Law Of The Sea ◽  
International Treaties ◽  
Legal Regime ◽  
Legal Norms ◽  
Offshore Installations ◽  
The Law ◽  
International Law Commission

Introduction. Although there have been multiple studies done by both Russian and foreign specialist, one of the most poorly studied international law problems deals with interpretation and application of rules on safety of artificial islands, installations and structures. These measures encompass the coastal state’s right to enact legislation ensuring safety and security of these structures at sea.For the past ten years states have been outlining the need for review of the breadth of the safety zones around offshore installations, first and foremost, around installations and structures used for exploration and exploitation of hydrocarbon resources on the continental shelf. It’s of great importance to protect these structures, in particular from collision with ships, and to prevent accidents. The main reason behind this initiative is the increasing number of accidents on offshore oil rigs.Materials and methods. The basis for this research comprises the international treaties which set forth the regime of safety zones at sea. The materials for this paper are also commentaries of the UN Convention on the Law of the Sea 1982, as well as relevant instruments adopted by IMO, related papers from all three UN conferences on the Law of the Sea, documents issued by the International Law Commission, and the IMO Sub-committee on safety of navigation. The methodological basis of present research consists of such traditional methods as general scientific and specific methods.The results of the study. The author of this paper proves the need for elaboration of more thorough international legal regime of safety zones at sea, since it is one the most principal means to ensure safety and security of offshore structures. Among the reasons is the ambiguous practice of coastal states, based on various approaches taken on the issue of safety zone’s breadth.Discussion and conclusion. The article contains thorough analysis of the international legal regime of safety zones, outlining its flaws. Conducted research emphasizes both positive and negative aspects of applicable national legislation, as well as unravels legal norms different from those enshrined in modern international law.

scholarly journals An outline of private international law in the branches of public international law

2021 ◽  
pp. 55-67
Author(s):  
Galina Georgievna Shinkaretskaya
Keyword(s):  
International Law ◽  
Intergovernmental Relations ◽  
Legal Regulation ◽  
International Investment ◽  
Public Law ◽  
Private International Law ◽  
International Treaties ◽  
International Investment Law ◽  
Legal Norms ◽  
Multiple Parameters

The author reviews the key aspects of using the norms of private international law in intergovernmental relations, development of the universal legal norms and methods in the conditions of globalization. It is noted that public and private international law differ in multiple parameters, particularly the method of regulation. Private law relationships are regulated by the national legislations, while public law relationships are regulated by international treaties, which can be expressed in form of agreements, customs, or tacit consent. consent form. The author underlines the importance of distinguishing between the sphere of private and public law, as well as proper application of the corresponding regulatory mechanisms. To research employs formal-logical, systematic, comparative, and other methods. The relevance of modernizing legal regulation of foreign economic activity is emphasized. The author notes that the norms that establish the procedure for regulating the behavior of private and legal entities have been included into the international law. The manifestation of this phenomenon can be seem in the international investment law (investment process), law of the sea (in the area of resource extraction). The future position of privately held companies in the development of lunar resources is being actively discussed. This phenomenon can be substantiated by the need to establish a unified rule of law for the activity of non-state actors in the corresponding branches of international law.

scholarly journals International legal analysis of privileges and immunities of the Eurasian Economic Union (selected customs aspects)

2021 ◽  
Vol 12 (3) ◽  
pp. 676-692
Author(s):  
Natalia A. Vorontsova ◽  
Keyword(s):  
International Law ◽  
International Standards ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Legal Analysis ◽  
International Treaties ◽  
Legal Norms ◽  
Eurasian Economic Union ◽  
The Russian Federation ◽  
Economic Union

International treaties on both general and special issues, adopted at the universal, regional and bilateral levels, provide a variety of legal mechanisms for the cooperation of States in one of the branches of international law — international customs law. Here there is a very specific set of international legal norms, of course, corresponding to general international law and at the same time introducing its own characteristics. The article provides an analysis of the privileges and immunities that are within the competence of customs administrations. In particular, the author considers the so-called “customs privileges” provided to a certain category of persons in the Eurasian Economic Union (hereinafter referred to as EAEU or Union). The article analyzes the customs aspect of the EAEU law and the relevant provisions of the Vienna Convention on Diplomatic Relations of 1961 and the Vienna Convention on Consular Relations of 1963 regarding the procedure for granting privileges and immunities to certain categories of people, the movement of diplomatic mail and the consular bag. In addition, the practice of the Russian Federation on the above-mentioned issues is described. The relevance of the research topic is due to the adoption of the new EAEU Customs Code in 2017, which has undergone significant changes in terms of customs regulation of the provision of immunities and privileges for a certain category of persons, the legal analysis of which requires correlation with international standards in this field adopted earlier. The peculiarities of customs regulation within the framework of the EAEU, regarding the granting of immunities and privileges to certain categories of persons, are pointed out and adherence to their norms of international law is noted.

Rights of the Child

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Civil Society ◽  
International Law ◽  
Legal Framework ◽  
Civil Society Organizations ◽  
Legal Definition ◽  
Rights Of The Child ◽  
The Government ◽  
Definition Of

The chapter commences with the change in the perspective and approach relating to children from welfare to rights approach. It then deals with the legal definition of child in India under various laws. It gives a brief overview of the present legal framework in India. It states briefly the various policies and plans, and programmes of the Government of India related to children. International law on the rights of the child is enumerated and a summary of the important judgments by Indian courts are also included. The chapter ends with pointing out the role of civil society organizations in dealing with the rights of the child and a mention of challenges ahead.

New code for the protection of civilian population and property during armed conflict

1980 ◽  
Vol 20 (219) ◽  
pp. 287-315 ◽  
Author(s):  
Ionel Gloşcă
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
International Treaties ◽  
Civilian Population ◽  
State Activity ◽  
The Holocaust ◽  
Definition Of ◽  
Do So

One of the principles underlying international law applicable in armed conflicts is that no act of war is permitted against the civilian population, consisting, by definition, of persons who take no part in the hostilities.Until the holocaust of 1939–45, international law gave practically no real protection to the civilian population in the event of war, and was not even intended to do so since up to that time war was considered to be a State activity from which civilians remained aloof. There were, nonetheless, general principles and rules in various international treaties which, in one way or another, related also to the civilian population.

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