scholarly journals Current state of legal provision of notarial activity in Ukraine: theoretical and legal dimension

2021 ◽  
Vol 66 ◽  
pp. 261-265
Author(s):  
А. А. Margina
Keyword(s):  
Legal System ◽  
Organizational Support ◽  
Turning Point ◽  
Legal Status ◽  
Secondary Level ◽  
Legal Regulation ◽  
Actual State ◽  
Record Keeping ◽  
Current State ◽  
High Level

The author analyzes the provisions of normative legal acts regulating notarial activity, on the basis of which the theoretical and legal regularities of the current state of legal support of notarial activity in Ukraine are established. It is noted that Ukraine's affiliation to the legal system of the Romano-Germanic type, and the system of notaries - to the notary of the Latin type testifies to the principle of its proper legal support, inadmissibility of gaps, conflicts in this area. Today, notarial activity is a legally regulated activity in Ukraine, which has developed evolutionarily, was formed under the influence of the above factors and is currently in a state of improvement and strengthening. However, constant changes in the legal support of notarial activities in Ukraine indicate the imperfection (or even lack) of clear scientifically sound conceptual approaches to the legal support of notarial activities. It is proved that the turning point in the formation of the legal support of notarial activity in Ukraine was the adoption of the Law of Ukraine "On Notaries" (1993), which laid the foundation for the development of the domestic system of notaries and notarial activities. This legislative act remains in force today, but its content has undergone significant changes, which is reflected in the legal support of notarial activities. Despite the lack of officially established conceptual documents that would relate to the development of legal support for notarial activities in Ukraine, the author tried to establish and summarize the actual state of such legal support on the basis of existing legal support, which is presented in the form of the following components: 1) objects of notarial activity; 2) legal consolidation of tasks assigned to the notary, which are defined as a range of responsibilities performed by the subjects of notarial activity; 3) consolidation of the legal status of the notary, within which the rights and obligations granted or assigned to the notary have been legally defined in order to ensure the performance of the tasks specified by law; 4) legal regulation of the procedural order of notarial activity, which is presented mainly at the secondary level; 5) legal consolidation of the organizational support of notarial activity concerning the rules of notarial record keeping, the activity of the High Qualification Commission of Notaries, the rules of ethical conduct of notaries, etc. It is concluded that the high level of variability of legal support of notarial activity in Ukraine is a consequence of the lack of a unified concept of development of legal support of the notary system and notarial activity in Ukraine.

scholarly journals CURRENT STATE AND PROBLEMS OF LEGAL STATUS OF THE PARLIAMENTARY OPPOSITION IN UKRAINE

2021 ◽  
pp. 21-27
Author(s):  
O.I. Zozulia
Keyword(s):  
Legal System ◽  
Political System ◽  
Legal Status ◽  
Legal Regulation ◽  
Alternative Program ◽  
National Interests ◽  
Current State ◽  
Political Forces ◽  
Legislative Regulation ◽  
The Government

The analysis of the current state of the legal status of the parliamentary opposition in Ukraine has been performed; it also describes its features and problems related to non-recognition of the subjectivity of the parliamentary opposition, the lack of proper legal regulation of its rights, responsibilities, guarantees and limits of activity. It was stressed that the non-institutionalization of the parliamentary opposition causes the opposition political forces in the Verkhovna Rada of Ukraine to have no corresponding responsibilities for forming a shadow government, preparing an alternative program of government activities, observing national interests, banning abuse of rights and guarantees, etc. At the same time, de facto opposition parliamentary factions and groups, individual MPs of Ukraine to control the activities of the coalition and the government can carry out some effective parliamentary means and procedures (inquiries, government hearings, initiating parliamentary inquiries, constitutional appeals, etc.), which lays the foundations of opposition activity in the Verkhovna Rada of Ukraine. It is established that the peculiarities of the domestic legal system, insufficient development of parliamentarism and political system actualize the complex constitutional and legislative regulation of the bases of organization and activity of the parliamentary opposition in Ukraine, including the order of its formation, rights and responsibilities, guarantees and procedures, relations with the coalition and government. It is substantiated that the institutionalization of the parliamentary opposition in Ukraine should be aimed at real ensuring its constructive cooperation with the majority, as well as on observance of the rights of the opposition regarding representation in the leadership of the parliament and its bodies, control of the activities of the majority and the government, publication of its position in the parliament. The priority of improving the legal status of the parliamentary opposition in Ukraine should be not only the clarification and expansion of its rights, but also the formation of effective mechanisms for their implementation, ensuring accountability for violations of opposition`s rights.  

Ethical boundaries of the legal regulation of conditions of carrying out genetic screening in prenatal diagnosis in Russia and abroad

2020 ◽  
Author(s):  
M.V. Medvedev , G.N. Suvorov , S.S. Zenin et all
Keyword(s):  
Prenatal Diagnosis ◽  
Great Britain ◽  
Legal System ◽  
Genetic Screening ◽  
Legal Status ◽  
Legal Regulation ◽  
Ethical Problems ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific

Objectives. The purpose of this study is to study the essence of ethical problems that arise in the field of genetic screening for prenatal diagnosis (PND) and determine possible ways to overcome them by legal means, taking into account the existing foreign experience. Materials and methods. Normative legal acts and doctrinal sources of Great Britain, Germany, Ireland, France and Switzerland are studied. Methods used: General philosophical, General scientific, private scientific, special (structural-legal, comparative-legal, formal-legal). Results. Ways to resolve ethical problems that arise or may arise in the future as a result of genetic screening for PND, which can be applied within the Russian legal system, are proposed. Conclusions. It is stated that most of the identified ethical problems are related to the lack of normative consolidation of the legal status of the fetus. It is presumed that the beginning of ethics should serve as the guide for legislation in this area. At the same time, it is emphasized that the legal regulation of genetic screening in PND should be flexible enough to optimally ensure the interests of all participants in these relationships. In addition, in this direction, it seems appropriate to refer to the experience of a number of foreign countries, whose legislation provides for fairly strict requirements in the field of PND.

scholarly journals Ending Commercial Lion Farming in South Africa: A Gap Analysis Approach

Animals ◽  
2021 ◽  
Vol 11 (6) ◽  
pp. 1717
Author(s):  
Jennah Green ◽  
Catherine Jakins ◽  
Louise de Waal ◽  
Neil D’Cruze
Keyword(s):  
South Africa ◽  
Legal Status ◽  
Gap Analysis ◽  
Health And Safety ◽  
Management Tool ◽  
Background Information ◽  
Current State ◽  
The Government ◽  
High Level ◽  
Farming Industry

African lions (Panthera leo) are commercially farmed across South Africa for sport hunting, tourism, and the international bone trade, primarily in Southeast Asia. Despite its legal status, South Africa’s growing lion farming industry is a contentious issue. In 2020 a high-level panel was initiated to review the policies, legislation, and management regarding the breeding, hunting, trade, and handling of four wildlife species, including lions. In May 2021, it was announced that the government intends to amend existing permit conditions to prohibit lion breeding and tourism interactions with captive lions, as well as to stop issuing permits to new entrants into the industry, effectively ending lion farming. In order to follow this line of action, a comprehensive, well-managed plan will be necessary to execute a responsible exit from the industry as it currently stands. Using a “gap analysis” management tool, we aim to: (1) outline some of the key considerations regarding the current state of the lion farming industry in South Africa; and (2) propose specific action steps that could be taken within five key areas (regulation, animal welfare, health and safety, equitability, and conservation) to help inform a responsible transition away from this type of wildlife farming in the biodiversity economy. For our gap analysis, we conducted a semi-systematic literature search to compile key background information about the current state of the industry. This information was then used to identify corresponding desired management states, and steps that could facilitate a successful phase out of lion farming in South Africa. We hope our approach helps identify key considerations for a responsible transition and can help aid decisions during the management of this process.

scholarly journals On the question of the functions and tasks of legal custom

2020 ◽  
pp. 30-34
Author(s):  
Marian Bedrii
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Protection ◽  
Legal Regulation ◽  
Protective Function ◽  
Current State ◽  
Wide Range ◽  
The Subject ◽  
The One ◽  
The Individual

The article researches the functions and tasks of legal custom based on historical experience and the current state of legal life.The view represents that law and culture functions are realized through legal custom, as it is an important element of these phenomena.At the same time, it is noted that legal custom is characterized by a separate catalog of functions and tasks that need to be studied. Theregulatory, explanatory, protective, defensive, inflectional, reconstitutive, ideological-educative, identification-communicative, antimonopoly,and legal-resource functions of legal custom are analyzed. The administrative and organizational components of the regulatoryfunction of legal custom are highlighted. The preventive and restrictive components of the protective function of legal custom are cha -racterized. It is substantiated that these functions are inextricably linked with the tasks of legal custom.Based on the analyzed functions, the following tasks of a legal custom are allocated: the legal regulation of social relations; cla -rification of provisions of the legislation, acts of law enforcement, texts of agreements, terms and symbolic actions; legal protection ofpublic goods and values; providing opportunities to protect rights and freedoms; stabilization of the legal system, its protection fromill-considered and risky transformations; reproduction of the acquired legal experience in new conditions; ensuring the flexibility of thelegal system; influence on the worldview of the individual and society in general; determining the affiliation of the subject to a parti -cular community and maintaining communication between its members; prevention of monopoly in the legal system of a normativelegal act or other sources of law; formation of material for the systematization of law.It is argued that legal custom, as a social phenomenon, evolving in the process of history, performed a wide range of functionsthat correlated with its tasks. Not every period, people, or locality is characterized by a full set of analyzed functions and tasks, but itis worth noting the possibility of their implementation by the legal custom in general, as evidenced by past experience and the currentstate of legal relations. The results of the research, on the one hand, complement the understanding of the nature of legal custom, andon the other – prove the feasibility of further use of this source of law in modern legal systems.

scholarly journals Legalizacja samowoli budowlanych w polskim systemie prawnym

2020 ◽  
pp. 103-115
Author(s):  
Sybilla Stotko
Keyword(s):  
Legal System ◽  
Legal Status ◽  
Historical Review ◽  
Legal Regulation ◽  
Final Part ◽  
Final Decision ◽  
Legal Regulations ◽  
Construction Supervision

Niniejszy artykuł przedstawia regulację prawną dotyczącą instytucji legalizacji samowoli budowlanej w Polsce w ujęciu historycznym oraz jej ewaluację. Zaprezentowano złożoność zagadnienia oraz trudność właściwego uregulowania prawnego tej materii. Od 19 września 2020 roku w Polsce obowiązują znowelizowane przepisy w zakresie procedury legalizacji samowoli budowlanych. Po zmianie prawa to w dalszym ciągu do organów nadzoru budowlanego należy ostateczna decyzja co do możliwości legalizacji samowolnej budowy. Jednakże odmiennie niż w poprzednim stanie prawnym wszczęcie procedury legalizacyjnej jest możliwe jedynie na wniosek inwestora. Ponadto ustawodawca wprowadził możliwość legalizacji samowoli budowlanych zrealizowanych ponad 20 lat temu w uproszczonym postępowaniu legalizacyjnym. W końcowej części opracowania przedstawiono wszystkie procedury legalizacji samowoli obowiązujące od 19 września 2020 roku oraz zawarto ogólne wnioski w zakresie opisywanej instytucji. Legalisation of unlawful building work in the Polish legal system This paper presents a legal regulation regarding the institution of unlawful building work legalisation in Poland combining its historical review and evaluation. The paper shows the complexity of the problem and the difficulty of providing a legal regulation of the matter. The updated regulations on the procedure of unlawful building work legalisation came into force in Poland on 19 September 2020. After changing the legal regulations, the final decision on the legalisation of unlawful building work still remains in the hands of construction supervision authorities. However, in contrast to the previous legal status, a legalisation procedure can be initiated only upon developer’s request. In addition, the lawmaker has introduced an option to legalise unlawful building work completed over 20 years ago in a simplified legalisation procedure. The final part of the paper presents all procedures for unlawful building work legalisation effective from 19 September 2020 as well as general conclusions regarding the institution under scrutiny.

scholarly journals THE STATE OF LEGAL REGULATION OF OFFICIAL INVESTIGATIONS IN THE PROSECUTOR'S OFFICE

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 67-73
Author(s):  
В. О. Галушко
Keyword(s):  
Social Relations ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Current State ◽  
The Status ◽  
Definition Of ◽  
Main Regulator ◽  
High Level

The relevance of the topic of the article is that the implementation of legal procedures within a particular branch of law requires a clear establishment and definition of key stages, procedures, patterns and subjective composition of the latter. That is, we are talking about the legal regulation of legal processes, the high level of quality of which directly affects the effectiveness and efficiency of the relevant sequences of legally significant actions. Official investigations in the prosecutor's office in this aspect are no exception, so it is appropriate to analyze the current state of their legal regulation. Determining the state of legal regulation of official investigations in the prosecutor's office requires a full understanding of the features and internal nature of this category. Note that legal regulation has a deep theoretical basis. It can be pointed out that legal regulation in a separate part is an expression of the content of the principle of the rule of law, that is, it is an indicator of the action of law as the main regulator of social relations. However, there are other features of this category that are important to outline within this article. The article, based on the analysis of scientific views of scientists, offers the author's vision on the interpretation of the concept of legal regulation of official investigations in the prosecutor's office of Ukraine. Emphasis is placed on the specifics of the mechanism of legal regulation of official investigations in the prosecutor's office and identified features of its structure. The general assessment of the state of legal regulation of official investigations in the prosecutor's office is given. It is concluded that at the present stage the legal regulation of official investigations in the prosecutor's office is disordered in its internal structure. Yes, there is a corresponding dissonance between the status and the practice of applying official investigations. The procedure for this procedure, the subject composition, the local legal framework, as well as other mechanical features of official investigations are developed and have the appropriate forms of operation. At the same time, the status and purpose of official investigations in the prosecutor's office, their connection with disciplinary proceedings, principles, as well as the general place in the field of official discipline of prosecutors in modern realities are not properly regulated.

scholarly journals Prospects for settlement of the legal status of cryptocurrency in Ukraine

2021 ◽  
pp. 152-157
Author(s):  
V.M. Lohoyda
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Legal Regulation ◽  
Securities Market ◽  
Intangible Asset ◽  
Legal Analysis ◽  
Electronic Money ◽  
Current State ◽  
Legal Nature ◽  
The One

The article is devoted to the current state and prospects of further legislative regulation in Ukraine of the legal status of cryptocurrency (cryptoassets), primarily in terms of the need to clearly define its place in the system of objects of civil rights. The author emphasizes on the current uncertainty at the national and international level about the legal nature of cryptocurrency that causes gaps in the legal regulation of this phenomenon, which on the one hand allows its free and accelerated development, but on the other - creates significant legal risks for participants of the relevant legal relationships. Based on the comparative legal analysis of the approaches of different countries to the qualification of the legal essence of cryptocurrency, as well as the analysis of the Laws of Ukraine "On Prevention of Corruption", "On Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime, Financing  Terrorism and Financing Spread of the Weapon of Mass Destruction”, the draft Law of Ukraine“ On Virtual Assets ”№3637 of 11.06.2020 adopted as a basis and prepared for the second reading by the Parliament and opinions of national regulators of financial market and securities market the author considers as a debatable approach of Ukrainian authorities to regulation circulation of virtual assets and, in particular, such their type as a cryptocurrency, as an intangible asset (other intangible goods). There is a contradiction of such a qualification in terms of traditional features of intangible assets (pronounced personal nature, the impossibility of the existence of such goods in isolation from the subject of law without his consent, lack of property and economic content) and the economic purpose of cryptocurrency as a mean of payment. In this regard, the author concludes that there should be an expediency of classifying this object of civil rights as a special (private) form of money, for which he proposes to carry out a more detailed civil law classification with a division into fiat (cash, non-cash, digital) and private (cryptocurrencies and electronic money).

scholarly journals ECONOMIC END LEGAL ASPECTS OF ENSURING FOOD SECURITY

2018 ◽  
Vol 1 (2(14)) ◽  
pp. 93-97
Author(s):  
Olena Viktorivna Hafurova ◽  
Volodymyr Mykhailovych Yermolenko ◽  
Lyudmila Mikhailovna Stepasyuk
Keyword(s):  
Food Security ◽  
Social Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Current State ◽  
Self Sufficiency ◽  
The Status ◽  
Food Quality And Safety ◽  
Safe Food

Urgency of the research. Guaranteeing unhindered economic access to high-quality and safe food products is one of the main goals of the state agricultural policy of Ukraine. Therefore, it is particularly important to ascertain the status of social relations in this area. Target setting. Legal regulation is the most effective instrument of state influence on any type of social relations, including agrarian ones. Accordingly, it is necessary to pay attention to the issues of the legal mediation of relations that arise, change and cease in the food security field. Actual scientific researches and issues analysis. Such well-known domestic economists as O. G. Bilorus, V. I. Vlasov, O. I. Goychuk, B. Y. Paskhaver, P. T. Sabluk, O. M. Schpichak and others put sufficient attention to the various aspects of the formation of an economic mechanism for ensuring food security. Uninvestigated parts of general matters defining. At the same time, all legal scholarly works are devoted exclusively to the legal issues of food security, without taking into account the economic directions of its provision. The research objective. Clarification of the current state of the legal support of food security in Ukraine taking into account the economic indicators of its formation. The statement of basic materials. The article examines the legal status of food security in Ukraine. The relations in the sphere of ensuring food self-sufficiency, economic availability, food quality and safety have been analyzed. Conclusions. It is necessary: to completely prohibit any import and use of palm oil for the food; to specify the annual state support for the production and circulation of organic products. It is worth adopting the Law of Ukraine «On Food Security», the content of which should take into account as far as possible the achievements of the agrarian and law doctrine.

KAZAKH-CHINESE COOPERATION WITHIN THE FRAMEWORK OF INTERNATIONAL ORGANIZATIONS: CURRENT STATE AND PROSPECTS

2021 ◽  
Vol 74 (2) ◽  
pp. 41-50
Author(s):  
M.A. Omarova ◽  
Keyword(s):  
International Relations ◽  
International Organizations ◽  
Legal Regulation ◽  
Economic Potential ◽  
Shanghai Cooperation Organization ◽  
World Community ◽  
Multilateral Cooperation ◽  
Current State ◽  
Mutual Relations ◽  
High Level

Today international relations encompass not only interaction between states, but also have a global, transnational character. Modern threats and international problems require the participation of more members of the world community. In this regard, interaction of states within the framework of international organizations is of great importance. Since many issues cannot be resolved in a bilateral format, multilateral cooperation requires the participants to have a high level of international legal regulation. Therefore, cooperation between states within the framework of international organizations is considered an important area of ​​mutual relations. It is known that Kazakhstan has not remained aloof from this process and is the initiator of the creation of a number of international organizations. It is also developing ties with its Eastern neighbor China through international organizations. In particular, cooperation is dynamically developing within the framework of the UN, the Shanghai Cooperation Organization, the Conference on Interaction and Confidence-Building Measures in Asia, created on the direct initiative of our country. For Kazakhstan and China, the main goal of cooperation within the framework of international organizations is to maintain security and stability in the region. Along with maintaining peace in the region, other areas of cooperation are developing in a multilateral format, such as trade, economy, transport, and the use of the political and economic potential of more than two countries is very effective in developing relations. The article examines the problems and prospects of cooperation between Kazakhstan and China within the framework of international organizations.

scholarly journals TRANSNATIONAL CORPORATIONS IN THE LIBERAL POWER-SHARING SYSTEM: INTERNATIONAL LEGAL ASPECT

2021 ◽  
Vol 21 (5) ◽  
pp. 21-30
Author(s):  
A.G. Uporov ◽  
Keyword(s):  
Legal Status ◽  
Legal Aspect ◽  
World Order ◽  
Transnational Corporations ◽  
Legal Regulation ◽  
Power Sharing ◽  
Modern World ◽  
Current State ◽  
The Status ◽  
Distribution Of Power

The phenomenon of transnational corporations in the context of the modern liberal system of distribution of power and the current state of its international legal regulation are considered. The position of transnational corporations in the modern world order and the concept of its legal status are investigated, and conclusions are drawn about the need to assign transnational corporations the status of a subject of international legal relations.

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