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.  

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.

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.

Government Rulemaking as a Brake on Perestroika

1990 ◽  
Vol 15 (03) ◽  
pp. 419-432 ◽  
Author(s):  
Eugene Huskey
Keyword(s):  
Soviet Union ◽  
Communist Party ◽  
Economic Reform ◽  
Legal System ◽  
Political System ◽  
Executive Branch ◽  
The Soviet Union ◽  
The Government

The Soviet political system is made up of three major institutions: the Communist Party, the parliament, and the government. Whereas the first two have changed dramatically under perestroika, the government has continued to function in more traditional ways. Most worrying to reformists, the government–the Soviet Union's “executive branch”–has used its broad rulemaking authority to impede the transformation of Soviet politics and society. This essay examines the role of governmental rules in the Soviet political and legal system. It concludes, following the lead of Soviet reformists, that without a fundamental restructuring of government making authority, legal, political, and economic reform in the Soviet Union cannot be institutionalized.

scholarly journals Stepping Into the Same River Twice? Judicial Independence in Old and New Authoritarianism

2021 ◽  
Vol 22 (7) ◽  
pp. 1316-1326
Author(s):  
Zoltán Szente
Keyword(s):  
Legal System ◽  
Democratic Transition ◽  
Central Government ◽  
Judicial Independence ◽  
Communist Regime ◽  
The Political ◽  
Political Forces ◽  
Judicial Administration ◽  
The Government

AbstractThe study seeks to answer the question of whether there are similarities between the methods used to limit judicial independence in Hungary during the last phase of the communist regime, i.e. before the democratic transition, and today, when many scholars believe that an authoritarian transition is taking place in this country. For this purpose, I argue that despite the undeniable fundamental differences between the political and legal system of these two periods, the mechanisms and ways as the independence of judiciary were and are influenced by the government can plausibly be compared. The analysis seems to support this presumption: both the formal instruments and the informal channels of influence in the hands of the ruling political forces show a number of similarities. Thus, even if there are differences in the degree of their application and result, from centralizing the system of judicial administration to replacing court leaders with politically loyal people there are a number of instruments that enable central government to influence the judiciary, while maintaining the appearance of judicial independence.

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 Personal Reception of Citizens: Problems of Legal Regulation and Implementation

Lex Russica ◽  
2019 ◽  
pp. 71-83
Author(s):  
A. V. Savoskin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Government Agency ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Government

Personal reception represents a way of submitting citizens’ complaints and one of the forms of implementation of the constitutional right of citizens to appeal (complain). However, the legislative regulation of the issue under consideration seems insufficient, which has given rise to adverse law enforcement practice.The article determines signs of personal reception that allow us to distinguish it from other types of citizen’s communication with officials. The paper makes a thorough analysis of the duty of officials to conduct personal reception. Two models of performing the reception are highlighted: 1) personal reception is carried out only by chairpersons (of the government agency as a whole, its deputies or heads of structural divisions); 2) personal reception is carried out not only by chairpersons, but also by other authorized officials or specialized units. Moreover, the paper focuses on the problem of delegation of the obligation to perform personal reception to other officials.The paper investigates the procedure of personal reception that includes four stages: registration for personal reception (optional stage); arrival of a citizen at the place and time provided for personal reception, identification and determination of the order of personal reception; personal intercourse with the official, including a statement of the essence of the oral request or submission of a written application; registration of a personal reception card. Special attention is paid to the issue of registration of a personal reception, which allowed to formulate conclusions about the most relevant content of a personal reception card. The procedure of holding the all- Russian day of personal reception and experience of introduction of regional uniform days of personal reception in constituent entitities of the Russian Federation is analyzed.Also, the author scrutinizes the experience of organizing personal receptions in various governmental bodies and authorities in order to generalize additional guarantees of the rights of citizens during personal reception, as well as to develop an approximate list of feasible constrains.

Russian Court Interpretation of Legislative Measuresfor Advanced Training and (or) Professional Training of the Selected Employed Population Aged from 25 to 65 Years

2018 ◽  
Vol 9 (1) ◽  
pp. 342
Author(s):  
Alexander Vasilyevich ZAVGORODNIY ◽  
Ilya Alexandrovich VASILYEV ◽  
Nelli Ivanovna DIVEEVA ◽  
Marina Valentinovna FILIPPOVA ◽  
Mikhail Mikhailovich KHARITONOV
Keyword(s):  
Russian Federation ◽  
Professional Training ◽  
Legal Status ◽  
Legal Regulation ◽  
Advanced Training ◽  
Federal Law ◽  
Labor Legislation ◽  
Additional Qualification ◽  
The Russian Federation ◽  
The Government

In this article, we present the first generalization and analysis of decisions made by Russian courts of general jurisdiction from 2009 to 2016 for the application of provisions of the Labor Code of the Russian Federation, the Federal Law of November 21, 2011 No. 323-FZ ʼOn the fundamentals of protecting the health of citizens in the Russian Federationʼ, the Federal Law of July 3, 2016 No. 238-FZ ʼOn independent qualification assessmentʼ, the Federal Law of December 29, 2013 No. 273-FZ ʼOn education in the Russian Federationʼ, the Decree of the Government of the Russian Federation of October 28, 2013 No. 966 ʼOn licensing educational activitiesʼ adopted to fulfill the Decree of the President of the Russian Federation of May 7, 2012 No. 599 ʼAbout measures to implement the state policy in the sphere of education and scienceʼ in the field of advanced training and (or) professional training of employed population aged from 25 to 65 years. As a result, we have made several conclusions. Firstly, if periodical advanced training is a mandatory condition for admission to work (for example, for medical workers), then courts using separate methods of protecting rights of citizens (in particular, health care), should understand the consequences of these decisions. Secondly, the imposition of administrative sanctions in accordance with Part 3 of Article 19.20 of the Code of Administrative Offences due to the non-systematic increase in the professional level of educators recommends improving the algorithm for substantiating the gross violation of license requirements. Thirdly, the legal status of a person who has concluded an agreement on advanced training differs from that of an apprenticeship contract, and the guarantees for this person are not established by Articles 203-205 but rather Article 187 of the Labor Code of the Russian Federation. Therefore, courts should not qualify a contract on advanced training as an apprenticeship contract. Fourthly, if advanced training is not designated for employees as additional qualification and an employer does not have the duty to pay for this training, then the resolution of a possible dispute should be based on whether the employer's interest is realized or not. Fifthly, the impossibility of an employee to work should be objective and compulsory, which is assessed by the law enforcer based on the balance of rights and interests of both parties of the corresponding employment contract. Sixthly, the legal regulation of the independent assessment of working qualification requires its improvement and alignment with norms of the labor legislation of the Russian Federation.

Challenges of the Implementation of the European Charter of Local Self-Government in Polish Legislation

2018 ◽  
Vol 16 (4) ◽  
pp. 971-982 ◽  
Author(s):  
Joanna Radwanowicz-Wanczewska ◽  
Dorota Dąbek
Keyword(s):  
Legal System ◽  
Political System ◽  
Current State ◽  
Governance Practice ◽  
The Law ◽  
State Of Affairs

Poland is one of the few countries to have ratified the European Charter of Local Self-Government in full and without reservations. The Polish approach is perceived as a positive example of a country’s response to the challenges resulting from recognizing local self-governments as institutions typical of a political system. This article presents the achievements of the Polish legislator in terms of the law of self-government, including a verification of the efficiency of these achievements in view of local self-governance practice. The degree of implementation of the Charter’s provision in the Polish legal system is also outlined. The article covers not only the issues related to a diagnosis of the current state of affairs, but also several specific proposals, guidelines, and suggestions in terms of improving the existing situation.

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.

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