scholarly journals Some directions of improvement of ways of interpretation of procedural administrative-tort legal norms of the customs legislation

2021 ◽  
Vol 66 ◽  
pp. 154-161
Author(s):  
V.V. Lipinsky ◽  
І. О. Skvirsky
Keyword(s):  
Property Rights ◽  
Progressive Increase ◽  
Sufficient Time ◽  
Legal Norms ◽  
Applicable Law ◽  
Correct Determination ◽  
The Right ◽  
Customs Administration ◽  
Administrative Penalty

Having studied the peculiarities of interpretation of administrative-tort provisions of customs legislation establishing the procedure for proceedings on violations of customs rules, the author, in particular, expresses the opinion that in order to ensure the legality and validity of the decision to impose administrative penalties through the correct determination of the circumstances of the case and the applicable law as well as through the choice of a fair type and amount of administrative penalty – the customs legislation on the right to explain the alleged offense and comment on the case should be interpreted in a way that the person prosecuted should be given sufficient time and procedural opportunities to express their position on the legal substantiation of the allegation that they committed an offense and on the proposed penalty, as well as to provide evidence on the circumstances of the case. Also, the author substantiates that the model of termination of proceedings in customs rules violation case on the basis of a compromise, introduced in the customs legislation, needs to be radically improved, because it is built so that this tool of customs administration does not correspond to its nature and purpose since under the current customs law this model demands unconditional admission of guilt and imposition of possible type and amount of administrative penalty, which is unchangeable according to negotiated mutual concessions. Moreover, the motivation of offenders to conclude amicable agreements with customs authorities is limited to avoiding stricter penalties for repeated offenses, which is incompatible with the principle of inevitability of liability and may devalue the progressive increase in penalties. In addition, the author proposes ways to expand the interpretation of customs law on the temporary seizure of goods, vehicles and documents to maximize the protection of property rights of enterprises, which in light of the circumstances may be unreasonable and disproportionate.

Significant choice-of-law interests and its impact on the formation of choice-of-law regulation in the field of intellectual property

2021 ◽  
pp. 186
Author(s):  
Svetlana I. Krupko
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
The State ◽  
Close Connection ◽  
Choice Of Law ◽  
Applicable Law ◽  
Advantages And Disadvantages ◽  
Special Rules

This article analyzes the choice-of-law interests of specific and potential participants in the relations of intellectual property rights and the state in order to establish the closest connection of the above type of relation with the state, whose law should be applied. Taking into account the directionality of significant choice-of-law interests, advantages and disadvantages of territorial and universal approaches, a theoretically based solution is proposed for the formation of a general choice-of-law rule on the law to be applied to the relation of intellectual property rights. It was revealed in the study that the diversity of the relations of intellectual property rights (their obligatory and non-obligatory, property and personal non-property nature, other differences in legal features) does not automatically generate a multidirectionality of significant choice-of-law interests that should be taken into account when establishing a close connection of the above type of the relation with the state for determination of applicable law, does not prevent the formation of a general choice-of-law rule for the relations of intellectual property rights in general and does not unequivocally testify in favor of the specialization of its binding. However, the diversity of the relations of intellectual property rights should be examined and evaluated for the feasibility and limits of exceptions from the general choice-of-law rule and the development of special rules for resolving certain private of the relations of intellectual property rights.

An Enterprise as an Object of Civil Rights in Subsoil Use: Challenges and Perspectives

2018 ◽  
pp. 108-116
Author(s):  
V. V. Levochko
Keyword(s):  
Civil Rights ◽  
Property Rights ◽  
Civil Law ◽  
Legal Regime ◽  
Legal Form ◽  
Distinctive Features ◽  
Logical Approach ◽  
The Right ◽  
Legal Consequences

An enterprise as a holder of civil rights is a universal legal construction. When the I Part of the RF Civil Code was adopted, it was assumed that the enterprise would be the main participant of civil law transactions of the business. However, the introduced legal regime of the enterprise did not meet expectations. The study of theoretical standpoints with respect of the legal essence of the enterprise as a holder of civil rights shows the lack of unanimity of opinions among contemporary representatives of civil law. The most justified and logical approach to the development of legislation in this matter involves determination of a generic category "proprietary complex" and introduction of distinctive features in relation to its types, including the enterprise. The subsoil legislation and relevant jurisprudence analysis justifies the prospects for using the enterprise as a party to civil transactions in the subsoil use sphere, since its legal design allows to combine diverse property rights for their effective circulation, which, to a certain extent, will solve the problem of separate legal consequences for the rights to a subsoil plot and property inseparably attached to it, as well as the problem of the legal form of transfer of the right to subsoil use in certain cases.

PARADIGMA HAK KEBENDAAN KEPEMILIKAN SARUSUN YANG DIBANGUN PADA LAHAN HAK GUNA BANGUNAN

2016 ◽  
Vol 2 (1) ◽  
pp. 1-22
Author(s):  
Martin Roestamy
Keyword(s):  
Property Rights ◽  
Common Property ◽  
Land Rights ◽  
Legal Certainty ◽  
Government Regulations ◽  
Applicable Law ◽  
The Law ◽  
Negative Implication ◽  
Construction Law ◽  
The Right

Of the title "The Legal Paradigm of the properties on the strata title ownership built above the land with the Right to Cultivate Ownership" research objectives to    be at said is knowing why the legal construction of the right material from the strata title built on land rights, attached to the Rights of material the building as common property rights and know how reconstruction material rights on the Strata titles  built on building rights or rights of use that reflects justice and legal certainty. With the concept of methodologies theories and research approaches, as well as of the problems of this study concludes that there are a couple of things. First by sticking the land rights of the unit, then Strata titles have a dependency on the bottom right HGB as with all buildings owned and also can weaken the property rights of apartment units as the strongest and most, but became assessors of HGB. This situation raises a negative implication in the community and has created legal uncertainty and considered unfair, weakening the material rights of Strata titles caused dualism applicable law, the law of the land, building law and the law of objects. It affects the mutual intervention and debilitates the material rights as stipulated in the rules of the law of things, namely; droit de suite, droit de preverent, and droit de levering. In construction law, state that debilitates the legal certainty and justice, it can be reconstructed from the perspective of the development of the legal system of the building against the law of the land, or to the development of HGB as of right down with some simulations and restoration of existing government regulations, or reconstruct the principal laws agrarian related lease rights, land rights, and the rights of use by developing existing government regulations become law, so the law on the new ground by adding the rights of others. In a reconstruction of the law of the land, which is more competitive and create legal certainty and fairness.

scholarly journals Critical flocculation concentration for polyvalent ions using silica nanoparticles; a new version of Schulze-Hardy rule

2020 ◽  
Vol 38 (9-10) ◽  
pp. 435-449
Author(s):  
Rogelio Rodriguez ◽  
Susana Vargas
Keyword(s):  
Aqueous Solution ◽  
Silica Nanoparticles ◽  
Optimal Amount ◽  
Different Types ◽  
Initial Ph ◽  
Correct Determination ◽  
Critical Flocculation Concentration ◽  
The Right ◽  
Flocculation Time

Critical Flocculation Concentration (CFC) is an important quantity because allows to know the optimal amount of flocculant required to remove (adsorb) specific quantities of metal ions in aqueous solution allowing to reduce both, the flocculation time and the excess of unreacted flocculant; this unreacted material produces, by itself, an additional contamination. The results reported here show that the standard Schulze-Hardy-Rule (SHR), based only in the valence z, is not longer valid to obtain the right values of CFC. In this work it is reported a correct determination of CFC for di- and tri-valent ions using different types of silica nanoparticles. Both, the initial pH slope (-pHo) and the valence z are required to determine correctly the CFC. The proposed modified version for CFC is CFC ∝ [(-pHo)z]−1.

scholarly journals DISCUSSION ISSUES OF LEGAL DISCRETION

2020 ◽  
Vol 30 (1) ◽  
pp. 165-169
Author(s):  
N.V. Kuznetsova ◽  
L.P. Lapshina
Keyword(s):  
Legal Norms ◽  
Judicial Practice ◽  
Legal Relationship ◽  
Legal Nature ◽  
Legal Position ◽  
Contractual Relations ◽  
Definition Of ◽  
The Right ◽  
Discretionary Powers

The article presents an analysis of some issues of legal discretion. There is no unified approach either to the definition of discretion or to the legal nature of this phenomenon. There are difficulties in the evaluation of the legal discretion in acting legislature. In private law trial discretion comprises codified regulation. This phenomenon is particularly typical in contract law: the court’s assessment of the behavior of participants in contractual relations as lawful or unlawful, abuse of rights, determination of the nature of the legal norms governing contractual relations. The discretionary powers of the court in many respects make it possible to ensure uniformity in the consideration of cases of a certain category, to form judicial practice on the application of the relevant legislation. The main areas of judicial activity in this case are: making the right choice of the rule of law to be applied to qualify the relevant legal relationship, applying the analogy of law and as well as the legal position developed when resolving a certain category of cases.

scholarly journals Chemical Castration Sanctions for Perpetrators of Child Sexual Violence in the Frame of Islamic Criminal Law

Al-'Adl ◽  
2021 ◽  
Vol 14 (2) ◽  
pp. 135
Author(s):  
Rachmadani Rachmadani ◽  
Sarwo Zulfahmi Muhammad Daming
Keyword(s):  
Data Collection ◽  
Sexual Violence ◽  
Criminal Law ◽  
Government Regulation ◽  
Sexual Disorders ◽  
Sexual Crimes ◽  
Applicable Law ◽  
Violence Against Children ◽  
The Right

This article discusses the review of Islamic criminal law regarding sanctions castration chemistry for the perpetrators of sexual violence against children. It is motivated by the rampant cases of sexual crimes against children have increased every year. As a response to the things that President Joko Widodo has issued Government Regulation No.. 70 Year 2020 about procedures for the Implementation of the Action Castration Chemistry, the Installation of the Detector Electronics, Rehabilitation and the Announcement of the Identity of the Perpetrators of Sexual Violence against Children. This rule gave authority to the state to be able to impose sanctions castration chemistry for the perpetrators of sexual violence against children. As for the problem studied in this research is how the forms of sexual violence in children? and how the determination of sanctions castration chemistry for the perpetrators of sexual violence against children is viewed from the perspective of the criminal law of Islam? This study uses the approach of normative juridical to discover the basics of the law of the criminal law of Islam-related sanctions gelding chemical. While methods of data collection using the method of literature, after the data collected then analyzed and interpreted by means of deductive. The results showed sanctions gelding chemical was done as an attempt of recovery of sexual disorders, so it can be said this punishment is not as torture against the perpetrators. As for the sanctions gelding chemical in the perspective of Islamic criminal law can be categorized punishment ta'zir which is a sentence that has a minimum and a maximum that is determined by a judge. The judge reserves the right to impose a penalty gelding chemical if the defendant is convicted of a violation based on the applicable law, because of the type of punishment is not in the nash.

scholarly journals Adaptation of standards of provision of government electronic services in Ukraine in the conditions of digital transformation.

2021 ◽  
Vol 3 (3) ◽  
pp. 153-159
Author(s):  
Krystyna Rezvorovych
Keyword(s):  
Property Rights ◽  
Birth Certificate ◽  
Digital Transformation ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Electronic Documents ◽  
Legal Norms ◽  
The Crimea ◽  
The Right ◽  
Human Capital Index

The article considers the issues of digital transformation in the legal field of electronic services. Ukraine has carried out a number of reforms regarding the digitization of paper documents and the transition to European norms of EU countries and Council of Europe standards. The article presents the main pillars of digital transformation, approved by the UN. The authors consider the dynamics of the EGDI-index and E-Participation index in Ukraine, EGDI sub-indices for 2003-2020, which reflects significant differences in the development of digital technologies and the decline of the Human capital index. Created in 2020, the online platform «Action» is gradually being filled with new types of services and databases of State Registers. The article raises the issue of taking into account the current territorial state of Ukraine, part of which is annexed in the Crimea and occupied in the Donbass, which complicates the provision of electronic services to internally displaced persons. As a result, there are constant legal conflicts with the documents of temporarily displaced persons, who lose the right to buy real estate, issue loans, pensions, intellectual property rights, and other property rights. It provides an overview of e-identification, authentication and trust services (eIDAS), which provides the basis for cross-border electronic identification, authentication and certification in the EU and should be implemented simultaneously in Ukraine. The authors generalized the legal norms on the introduction of the “paperless” regime in Ukraine and the validity of electronic documents: e-passports, e-birth certificate; IDP ID; e-student ticket. The Concept of e-Government development in Ukraine on the unresolved issue of electronic identification and authentication of individuals and legal entities in interaction with the authorities is analyzed. The article summarizes a number of legal conflicts with the presence of paper and electronic documents in the State Registers, the absence of which makes it impossible for temporarily displaced persons to receive electronic services.

PROBLEMS OF EXHAUSTION OF THE EXCLUSIVE RIGHT TO EXPORT UNDER THE LEGISLATION OF UKRAINE

2017 ◽  
Author(s):  
Andriy Yevkov ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Point Of View ◽  
Individual State ◽  
License Agreement ◽  
Legal Norms ◽  
Domestic Legislation ◽  
The Right ◽  
Exclusive Right

The article examines the problems of normative establishment in the legislation of Ukraine of the exclusive right to export goods containing protected intellectual property objects, as well as the conditions and grounds for applying of legal norms enshrining the principle of exclusive intellectual property rights exhaustion to the exclusive right to export. Considering the limitation of the protection of exclusive rights to the territory of each individual state, the paper examines the problems of the territorial aspect (territorial models) of the exhaustion of rights, as well as the influence of exclusive rights to import, distribution and export on the implementation of international trade. The article notes that the right to export is directly established in the current domestic legislation of Ukraine only in respect of certain protected intellectual property objects, and substantiates the view that, given the inexhaustible list of property rights (ways of usage) for many other protected objects, the exclusive right of rightholders to export must also be recognized in respect of such objects. Concerning the implementation of export operations by the licensee the paper substantiates the point of view according to which, if in the license agreement the territory of validity of licensing rights is limited to the territory of Ukraine, then the licensee receives permission for distribution within the scope of this subjective right (i.e. within Ukraine) and, accordingly, is not entitled to export if there are no compelling reasons to consider such a prohibition as a way of restricting competition, abuse of right, etc. Regarding the export of goods by their purchasers after the first legal sale of such goods in a particular country, the paper notes that, despite the lack of direct instructions in the legislation, it can be assumed that the exclusive right to export should be exhausted after the first legal sale of goods containing protected objects, unless there are other grounds to believe that the export of such goods may further harm the rights and essential interests of the rightholder in the country where such initial introduction of goods into circulation took place (in the country of origin of the goods).

scholarly journals CLASSIFICATION, PRINCIPLES AND LEGAL BASIS OF INTELLECTUAL PROPERTY IN INDONESIA (Obie Persada Sitanggang) Quiz Selected Sction Class

2019 ◽  
Author(s):  
obie persada sitanggang
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Information Science ◽  
Judicial Process ◽  
Legal Norms ◽  
The Public ◽  
The Law ◽  
The Many ◽  
The Right

In the life of the state there are various norms that regulate life so that there is balance and order in life. When one of the norms is not properly implemented, there will be potential undesirable things to happen, and the wheel of life will stagnate.There are several written and unwritten norms. One of the written norms is legal norms. Even though the law is a standard rule and must be followed, many parties still view the law as something that can be bought with money and power. This includes the law concerning the regulation of Intellectual Property Rights (IPR), which is currently increasingly being considered by the public. Because of the many claims and the increasing difficulty of the judicial process to follow up the claim if it does not have a strong law.Intellectual Property Rights (IPR) are included in the right to intangible objects (such as patents, brands, and copyrights). Intellectual Property Rights are tangible, in the form of information, science, technology, art, literature, skills and so on which do not have a certain form.Keywords: Haki and Intellectual.

THE FACTORS OF CAREER SELF-DETERMINATION OF STUDENTS OF HIGHER EDUCATION INSTITUTIONS

2019 ◽  
Vol 7 (1) ◽  
pp. 9-20
Author(s):  
Inna Yeung
Keyword(s):  
Higher Education ◽  
Higher Education Institutions ◽  
Well Being ◽  
Young Person ◽  
Self Determination ◽  
Full Time ◽  
Actual Problem ◽  
The Third ◽  
The Right

Choice of profession is a social phenomenon that every person has to face in life. Numerous studies convince us that not only the well-being of a person depends on the chosen work, but also his attitude to himself and life in general, therefore, the right and timely professional choice is very important. Research about factors of career self-determination of students of higher education institutions in Ukraine shows that self-determination is an important factor in the socialization of young person, and the factors that determine students' career choices become an actual problem of nowadays. The present study involved full-time and part-time students of Institute of Philology and Mass Communications of Open International University of Human Development "Ukraine" in order to examine the factors of career self-determination of students of higher education institutions (N=189). Diagnostic factors of career self-determination of students studying in the third and fourth year were carried out using the author's questionnaire. Processing of obtained data was carried out using the Excel 2010 program; factorial and comparative analysis were applied. Results of the study showed that initial stage of career self-determination falls down on the third and fourth studying year at the university, when an image of future career and career orientations begin to form. At the same time, the content of career self-determination in this period is contradictory and uncertain, therefore, the implementation of pedagogical support of this process among students is effective.

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