scholarly journals Legal Status of Diplomats: Duties, Restrictions, Prohibitions

2014 ◽  
pp. 231-243
Author(s):  
T. A. Zanko
Keyword(s):  
Soviet Union ◽  
Former Soviet Union ◽  
Comparative Research ◽  
Legal Status ◽  
Legal Regulation ◽  
Foreign Countries

This article provides analysis of such elements of the legal status of diplomats as obligations, prohibitions, restrictions and responsibility. Elements of the legal status are evaluated through the lens of comparative research and include the experience of diplomatic service legal regulation in the former Soviet Union countries as well as in other foreign countries.

scholarly journals Legal status of diplomatic workers: rights, state guarantees, encouragement

2013 ◽  
pp. 121-126
Author(s):  
T. A. Zanko
Keyword(s):  
Soviet Union ◽  
Russian Federation ◽  
Former Soviet Union ◽  
Comparative Research ◽  
Legal Status ◽  
Legal Regulation ◽  
Foreign Countries ◽  
The Russian Federation

This article provides an analysis of the legal status of diplomats in the Russian Federation with regard to their rights, safeguards and rewards. These elements are presented through the prism of comparative research of more than a dozen countries and consider the experience of diplomatic service legal regulation in the former Soviet Union countries as well as in other foreign countries.

scholarly journals INDEPENDENT INVESTIGATIVE BODIES ON THE TERRITORY OF THE FORMER SOVIET UNION: COMPARATIVE STUDY

2017 ◽  
pp. 0-0
Author(s):  
Леонид Берлявский ◽  
Leonid Berlyavskiy ◽  
Владимир Расчетов ◽  
Vladimir Raschetov
Keyword(s):  
Soviet Union ◽  
Social Relations ◽  
Former Soviet Union ◽  
Legal Status ◽  
Preliminary Investigation ◽  
Civil Liberties ◽  
Legal Regulation ◽  
The State ◽  
Criminal Proceedings ◽  
Functional Features

An article describes reasons of formation on the Territory of the Former Soviet Union of independent preliminary investigation bodies in the form of investigative committees. A comparative research was carried out on the ground of investigative committees in Belarus, the Pridnestrovian Moldavian Republic, the Russian Federation and the Republic of Armenia, their purposes, organization and functional features, determined by the specifics of national criminal justice systems. Additionally their similarities and differences were describes. The author defines the place of such bodies in countries’ state mechanism and the their possible development trends. Historically along with other measures of protection of the the rights and freedoms of a person exist criminal-legal regulation of social relations and crime prevention through early prevention, detection, prevention, suppression, disclosure and investigation of crimes in criminal proceedings, which includes preliminary (pretrial) investigation of crimes. The most complicated categories among them is carried out in the form of preliminary investigations by specially authorized investigative authorities. The efficiency and effectiveness of the performance of duties of these bodies depends on the scope of the powers and their legal status in the state mechanism, and, therefore, protection of the protection of human rights and civil liberties. The conclusions based on the study of the period of reasons of formation on the Territory of the Former Soviet Union of independent preliminary investigation bodies may help to improve the state penal policy and develop ways of implementation of state policies in the sphere of enforcement of the Criminal Procedure law.

scholarly journals Tendencies for the Development of Marriage Conflict Legal Regulation with the Participation of Foreigners and Persons without Citizenship in the Post-Soviet Space

2020 ◽  
Vol 38 (Especial II) ◽  
pp. 351-360
Author(s):  
Gulshan Gurezovna Bodurova ◽  
Sanavbar Nazirkulovna Tagaeva
Keyword(s):  
Soviet Union ◽  
Family Relationships ◽  
Former Soviet Union ◽  
Comparative Research ◽  
Historical Development ◽  
Family Relations ◽  
Legal Regulation ◽  
Marriage And Family ◽  
Soviet Space ◽  
Post Soviet Space

The article describes trends in the development of legal regulation linked to collisions that regulate marriage matters under the laws of post-Soviet countries. At the methodological level it is a comparative research of documentary basis. It is noted that, despite the general historical development of legal institutions and ongoing harmonization, the regulation of the principles of marriage collision has its own peculiarities in the countries of the former Soviet Union. This trend is explained by the specific and heterogeneous regulation of marriage and family relations in the legislation of different countries. But in the context of integration processes, the displacement of people from one country to another, marriage and family relationships also tend to develop. The article provides comparative analysis of the vast material, especially regulatory legal acts of post-Soviet countries, which regulate marriage and family relations in order to identify common and special characteristics. They revealed trends in the regulation of marriage conflicts in post-Soviet countries, as well as the regulation of marriage disputes in a consular office or diplomatic mission.

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 Systematization of private international law in Ukraine and foreign countries: present state and tendencies

2020 ◽  
Vol 3 ◽  
pp. 122-128
Author(s):  
Mykola Lazarenko
Keyword(s):  
European Union ◽  
Soviet Union ◽  
International Law ◽  
Present State ◽  
Former Soviet Union ◽  
Private International Law ◽  
Legal Analysis ◽  
The European Union ◽  
Foreign Countries

Systematization of private international law in Ukraine and foreign countries: present state and tendencies.The article deals with the comparative legal analysis of the systematization of the statutory provisions of private international law in the countries of the European Union and some countries of the former Soviet Union. The main arguments regarding different approaches to the systematization of private international law in Ukraine are outlined, as well as the main directions and tendencies of the codification processes of legislation in this area.

THE RIGHT TO LOCATE AND PROSPECTS OF ITS LEGAL REGULATION IN UKRAINIAN LEGISLATION

2017 ◽  
Author(s):  
Valeriy Aveskulov ◽  
◽  
Yuliia Deresh ◽  
Albina Romanchuk ◽  
◽  
...  
Keyword(s):  
Working Conditions ◽  
Legal Status ◽  
Protective Action ◽  
Legal Regulation ◽  
Economic Pressure ◽  
Foreign Experience ◽  
Labor Legislation ◽  
Foreign Countries ◽  
European Experience ◽  
The Right

This article is devoted to the study of the right to lockout, the legal status and procedure of which are not regulated in the labor legislation of Ukraine. The article considers the experience of foreign countries and options for legislative consolidation of the right to lockout. It is established that there are two types of lockout - defensive and offensive, the first of which acts as a reaction of the employer to the strike. The offensive does not require such a precondition as a workers' strike and is a means for the employer to impose its working conditions. Based on this, it was determined that most countries allow the employer to resort to such a measure if the lockout is defensive, but the procedure for its implementation contains a number of restrictions. The article analyzes the provisions of the European Social Charter, the Law of Ukraine "On the Procedure for Resolving Collective Labor Disputes (Conflicts)", the Draft Labor Code of Ukraine dated 04.12.2007 № 1108, the Draft Labor Code of Ukraine dated 27.12.2014 № 1658, the Draft Labor Code of Ukraine 08.11.2019 № 2410-1, Draft Labor Code of Ukraine dated 08.11.2019 № 2410, Draft Law on Strikes and Lockouts dated 27.12.2019 № 2682. The article considers the views of domestic scholars on the feasibility of enshrining in Ukrainian law the employer's right to lockout, some of which consider it appropriate to allow the right to lockout as a protective action of the employer in response to workers' strike, but with some restrictions. Other scholars advocate a direct ban, as such an employer's right may violate workers' right to strike. Based on the positions of scientists, foreign experience and analysis of numerous legislative attempts to determine the legal status and procedure of the right to lockout, a variant of its enshrinement in the labor legislation of Ukraine is proposed to balance the rights and interests of employees and employers and avoid economic pressure on employees. The authors consider it appropriate to consolidate the right to lockout if it is defensive, following the example of European experience.

scholarly journals The place and role of official observers from foreign states and international organizations in elections: the experience of Ukraine and foreign countries

2021 ◽  
pp. 70-82
Author(s):  
O.V. Martselyak ◽  
M.O. Martselyak
Keyword(s):  
International Organizations ◽  
Legal Status ◽  
Legal Regulation ◽  
Electoral Process ◽  
Public Authorities ◽  
Foreign Countries ◽  
Election Process ◽  
Election Monitoring ◽  
The Status ◽  
State And Local

The article states that formation of representative state and local self-governmental authorities is an important stage of state formation. And the legitimacy of both their conduct and the representative public authorities in Ukraine depends on the extent to which it will be carried out within the framework of the election legislation and the extent to which the domestic legislator will provide anti-fraud factors and safeguards against mass violations of various elections.             National and foreign practice proves that the institution of election monitoring that is represented by various observers who contribute to the conduct of election campaigns on a democratic basis in accordance with the electoral standards developed by the international community, is rather effective in this respect.             In Ukraine, the status of official observers is granted to: 1) official observers from candidates, parties (organizations of parties) - subjects of the election process, 2) official observers from public organizations which are duly authorized to have official observers in the relevant elections, 3) official observers from foreign states and international organizations who can observe the election process.             The Electoral Code of Ukraine defines the status of official observers differently, in particular, official observers from foreign states and international organizations are not recognized as subjects of the election process. However, this does not diminish their role in monitoring the electoral process in Ukraine by the legality of the actions of its subjects. The introduction of the institution of official observers from foreign states and international organizations is seen as expression of trust between states and as evidence of the intention of these countries and international organizations to contribute to the democratization of the electoral process in the world.              The paper reveals the legal nature of official observers from foreign states and international organizations, highlights the standards of legal status of official observers from foreign states and international organizations developed by international organizations, considers national and foreign experience of legal regulation of their status and substantiates provisions on necessity for improvement of national electoral legislation on this basis.

scholarly journals PROCEDURE THE IMPLEMENTATION OF THE CONSTITUTIONAL PROCEEDINGS IN THE RUSSIAN FEDERATION AND IN THE REPUBLIC OF BELARUS

2016 ◽  
pp. 0-0
Author(s):  
Екатерина Ганичева ◽  
Ekaterina Ganicheva
Keyword(s):  
Soviet Union ◽  
Russian Federation ◽  
Former Soviet Union ◽  
Practical Interest ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Public Authorities ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
The Republic

The article is devoted to the problems of development of legislation which determines the procedure of the constitutional proceedings, the procedural status and terms of participants’ activity in the Russian Federation and in the Republic of Belarus. Constitutional justice is a relatively new Institute in a legal system of Russia and other former Soviet republics. Conditions for its formation in the former Soviet Union have common as well as specific features. The comparison of the place and role of the constitutional court in system of public authorities and the procedural legal regulation of the constitutional justice is of obvious scientific and practical interest now because a clear, systematic regulation is very important for creating the conditions to allow objectively and comprehensively examine and resolve the constitutional conflict. Highlighting the characteristic features of the Federal constitutional law «On the constitutional Court of the Russian Federation» and the Law of the Republic of Belarus «On constitutional proceedings», the author comes to the conclusion about the necessity of development and specifying of the activity of the Constitutional Court of the Russian Federation by improving the using of traditional procedural-legal institutions taking into account the unique status of the highest judicial body of the constitutional control.

RESEARCH INTEGRATION IN THE EURASIAN SPACE

2020 ◽  
pp. 247-260
Author(s):  
Roustem Sh. Davletguildeev ◽  
◽  
Elena V. Vashurina ◽  
Yana Sh. Evdokimova ◽  
◽  
...  
Keyword(s):  
Soviet Union ◽  
Former Soviet Union ◽  
Legal Regulation ◽  
Joint Research ◽  
Strategic Objectives ◽  
Research Technology ◽  
Research Areas ◽  
Current State ◽  
World Class

Russia's integration into common research areas (spaces) within Europe and Eurasia is an effective tool for improving its research potential and achieving long-term economic growth. The methodological support for such processes, including issues of international legal regulation, is lacking. Given current geopolitics, especially vital for Russia is its cooperation in research, technology and innovation (RTI) with the countries of the former Soviet Union. The article focuses on newly adopted policies and mechanisms of the Russian RTI cooperation within CIS, EAEU and the Union State of Russia and Belarus. The authors identify modern approaches, principles, current state and trends of the RTI cooperation discussed. Among them are: forming an international RTI agenda and similar priority cooperation areas for the long term perspective; developing relevant institutional support; participating in international organizations’ activity; developing world-class joint research infrastructure; resolving human resources issues; determining volumes and sources of funding. The choice of common priority areas - energy, medicine, ICT and nanotechnology - corresponds to the strategic objectives of the participating countries and global challenges. Further strengthening of RTI cooperation in the post-Soviet area will have a synergistic effect. Taking into account the identified differences, the authors formulate recommendations on the improvement of international legal regulation of RTI cooperation in the region.

CIVIL LEGAL REGULATION OF THE COMMERCIALIZATION OF PATENTED INVENTIONS: THE CREATION OF INVENTIONS, THE LICENSING OF PATENT RIGHTS, THE SALE OF PATENT RIGHTS

2021 ◽  
Vol 6 (4) ◽  
pp. 26-32
Author(s):  
Dilrabo Egamova ◽  
Keyword(s):  
Intellectual Property ◽  
Legal Status ◽  
Legal Regulation ◽  
Foreign Countries ◽  
Patent Rights ◽  
The Creation ◽  
The Republic ◽  
Patented Inventions

In this article, issues of commercialization of intellectual property objects, which are one of the topical issues in the field of intellectual property, including the commercialization of patented inventions, their legal status, creation of inventions, licensing of patent rights,sale of patent rights, copyright rights, restoration of violated rights are considered. At the same time, the opinions of anumber of scientists on the commercialization of intellectual property objects in foreign countries and the Republic of Uzbekistan have been studied

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