scholarly journals Denaturalization as a special ground for termination of legal ties with the state

Author(s):  
Svetlana Proniakina

The legal grounds for acquisition and revocation of citizenship by persons born and residing on the territory of different states may differ significantly due to historical, political, economic, and other reasons. This article provides a comprehensive analysis of the grounds for revocation of citizenship – denaturalization. The author establishes the factors and circumstances that contribute to termination of the political0legal ties of an individual with the state upon the initiative of the state. The article explores the international legal acts, as well as conducts a comparative analysis of the legislation of different countries on the issues of denaturalization. The author reviews the conditions and restrictions for implementation of the procedure for revocation of citizenship by the state, as well as correlation of such grounds for termination of citizenship as revocation of citizenship and reversal of decision on naturalization. The scientific novelty lies in the conclusion that revocation of citizenship is not prohibited by the international legal acts if there are legal grounds established by the domestic legislation of the country. Such grounds may include unlawful actions of a citizen against public security and national interests, as well as other actions that undermine the fundamentals of the constitutional system. The author offers the open legislative consolidation of the legal institution of denaturalization for the possibility of revocation of citizenship of an individual upon the initiative of the state.

Author(s):  
Mykola Stopchak ◽  

The article focuses on a comprehensive analysis of the historiographical achievements of modern Ukrainian historians on the policy of the leadership of Poland and Romania regarding the interned in the camps of these countries, the Army of the Ukrainian People's Republic. The methodological basis of the study comprises the principles of historicism, objectivity and systematics. General scientific and special research methods were used in solving the set tasks: historiographical analysis and synthesis of knowledge development, generalization, quantitative, historical-comparative, chronological, retrospective, etc. The scientific novelty of the work lies in a comprehensive analysis of the state of study in modern domestic historiography of the policy of the leadership of Poland and Romania during 1921-1924s concernig interned Army of the UPR. Conclusions. The analysis of the historiographical achievements of modern Ukrainian historians proved they have made significant progress in studying the scientific field. Having gained access to previously closed domestic and foreignarchival materials, scholars of independent Ukraine cooperated with foreign historians and rejected unscientific, ideologically biased approaches and conclusions of Soviet historiography regarding the policy of the Polish and Romanian leadership towards the interned army. The shortcomings of Ukrainian foreign historiography on this problem, which consisted of a number of inaccuracies and a weak source base, were eliminated, which led to the distortion of historical realities. Domestic historians have clearly shown that the policy pursued by the governments of Poland and Romania regarding the internment of the UPR Army in the camps of these countries was aimed at ensuring their own national interests. It varied depending on the state of relations with its aggressive northern neighbor – Bolshevik Russia. The orientation of this policy was significantly influenced by the position of the Entente states, the victors of the First World War/ They viewed the UPR Army as a force capable of counteracting the expansionist aspirations of Bolshevik Russia. At the same time, despite significant progress in the study of this topic, especially in the 1990s – early XXI century, in the last twenty years, domestic historians didn’t pay enough attention to its study. A number of aspects of this problem remain unexplored and require further scientific analysis.


Lex Russica ◽  
2020 ◽  
Vol 1 (2) ◽  
pp. 125-132
Author(s):  
D. S. Mits

The paper considers the importance of the anti-terrorist function of the state, which consists in the possibility of neutralizing the main threat-forming factors of illegal encroachments on the constitutional system: 1) radicalism; 2) enmity and hatred; 3) extremism; 4) terrorism. The purpose of the paper is to search for effective support of all areas of the state’s antiterrorist function: 1) prevention; 2) struggle; 3) elimination of harmful consequences; 4) self-sufficiency. The analysis of the category "anti-terrorist function of the state" is carried out in the combination of dialectical and systemic research methods, as well as by a conceptual approach to identifying new forms of implementation. In the course of the analysis, the author formulates and scientifically substantiates his position: the support of the anti-terrorist function of the state determines the social purpose and social significance of the prevention of terrorism as the primary direction of anti-terrorist activities. The paper reflects the currently important feature of the considered function — the socio-political component of countering terrorism as a point of contact between the opposing entities. The transformation of manifestations of terrorism, which creates threats to individual, public, state, collective, regional, and international security, requires anti-terrorist actors to act ahead of the curve. A citizen protected from terrorist influence will expect the state to maintain such a safe state. At the same time, the average citizen is far from being able to participate in strengthening the anti-terrorist function of the state. A separate set of state measures is of interest in the course of systematizing the functions of the modern Russian state. Modern terrorists, using the achievements of humanity, are embedded in an invulnerable actor of the planetary level. Attempts to reduce these manifestations to an acceptable level only by anti-criminal methods of law enforcement agencies are comparable to the failure and beginning of the reproduction of terrorism. Without a comprehensive approach in the anti-terrorist sphere, it is impossible to create sustainable development and conditions for the implementation of national interests. This system is formed, implemented, optimized, improved and harmonized under the influence of many socio-political factors. The stability of the system under study is conditional due to the variability of various external and internal sources of government that affect its processes.


2021 ◽  
pp. 32-38
Author(s):  
S.V. Minkovskyi ◽  
◽  
Ye.V. Chypyzhenko ◽  

The Code of Ukraine on Bankruptcy Procedures is the first insolvency law codified in domestic legislation. The legislative novelty is the so-called consumer bankruptcy provided by the Code, the restoration of solvency through the settlement of problem debts of individuals, individuals – entrepreneurs to banks, microfinance organizations, arrears of taxes, fees and other mandatory payments within the framework of litigation, and in case of impossibility – their repayment (write-off) in the procedure of debt repayment. In addition, the new Code offers special conditions for addressing the issue of “foreign currency borrowers”, which has become relevant for many Ukrainians after the financial crisis of 2008. In general, the procedure for restoring the solvency of individuals is designed to encourage responsible borrowing, start or resume business, increase economic activity and taxable income, aimed at preventing crime and unemployment. Such a procedure is beneficial not only to the debtor, but also to the state. An individual, getting rid of debts, returns to active legal work, and the state returns another economic unit to an active lifestyle, acquires another taxpayer. In addition, the procedure provides creditors of the debtor – an individual with legal grounds for instalment and (or) write-off of part of the debt, as well as improving their own financial performance. However, currently many norms of the Code and other acts of the legislation of Ukraine are inconsistent, which causes conflicts during their practical application. The article considers some aspects that arise in cases of insolvency of individuals, individuals – entrepreneurs during the competition of the Code of Ukraine on Bankruptcy Procedures and the Law of Ukraine “On Enforcement Proceedings”, which relate to: suspension of enforcement proceedings during the moratorium on satisfaction of claims creditors; removal of arrests (encumbrances) in the procedure of debt repayment; consequences of the completion of the debt repayment procedure (including the exclusion of a person from the Unified Register of Debtors), identified problematic issues and proposals for their improvement by making appropriate changes to the legislation of Ukraine.


2020 ◽  
Vol 11 (2) ◽  
pp. 419
Author(s):  
Elielton De Amorim Coelho ◽  
Platini Gomes Fonseca ◽  
Emmanuelle Fonseca Marinho de Anias Daltro

The organizational mission is an important tool to support the management of an organization. This article aims to analyze the elaboration of the organizational missions of the Secretariats of Public Security (SSPs) of the Brazilian states, based on the elements proposed by Pearce (1982) and Pearce and David (1987). For this, the data were treated quantitatively, and soon after an analysis was made on the effectiveness of the construction of the missions, based on the criteria established by the cited authors. As a result, the elements "Product or service offered" and "Audience" were found more frequently. In the comparative analysis of the SSP mission by region of the country, two points stand out: first, the South region is the one that the missions present more elements indicated in the literature; second that the state that presented more elements was "Maranhão" located in the Northeast region.


2020 ◽  
Vol 66 (2) ◽  
pp. 161-169
Author(s):  
G.K. Sholpankulova ◽  
◽  
A.A. Sadykova ◽  

This article discusses the features of training future specialists (in our society, social educators) in the context of social cooperation and comparative analysis (based on a comparison of the experience of three countries: Kazakhstan, Russia and the USA). The term “social partnership” in various sciences is interpreted differently: as a system of relations between various social entities, which is oriented towards achieving national interests, taking into account group and corporate interests (philosophical aspect); as a system of measures aimed at cooperation between workers, employers and the state in the field of social and labor relations (economic and legal aspect); as a system of relationships between these entities, which replaced the theory of class struggle (historical aspect). In our field of education, the model of partnerships is different, since the specificity of models of social partnership in the field of education is explained by the fact that the need for knowledge and the demand for educational services are determined by changes in the level and structure of employment. For example, the restructuring of the West European economy on a new technological basis in the 70s caused an increase in structural unemployment, and it was then that the relevant reforms in the field of education were carried out, which facilitated the coordination of the interests of the state, entrepreneurs and workers. Currently, the model of social partnership in the field of education has such differences as the degree of state participation in the system of vocational education and training and the presence of the needs of social partners and their abilities to combine efforts.


Author(s):  
Спартак Гогонянц

The article deals with approaches to the choice of indicators of military danger in order to carry out an assessment of threats to the national interests of the state. The attention is focused on the acute need for a careful attitude to the analysis of the dynamics of changes in the military-political situation and the assessment of the level of military danger for Ukraine. It is formulated the necessity of using the scientific approach to the forecast of the level of military danger for Ukraine as a geopolitical player. An overview of existing research and publications of specialists in the national security strategy on the investigation of threats to national interests in the military field has shown that existing approaches are sufficiently developed and informative. In conducted research, military danger is considered as the potential ability of any state (group of states) to use military force to solve interstate political, economic, military, ethnic, religious and other contradictions. And this potential opportunity is constantly threatening the national interests of Ukraine, which can lead to different forms of armed confrontation. At the same time, the ambiguity in certain theoretical positions raises the need to clarify the definition of the most dangerous threats to national interests in the military sphere, and the constant transformations of the theory of military security of the state further complicate the solution of this problem. Therefore, in the interests of deeper formalization of geopolitical processes and taking into account their impact on the level of military danger, the application of the appropriate system of indicators is proposed. To assess the level of military danger for Ukraine, it is proposed to select 17 indicators that can be used together in the procedures for determining the level of military danger to Ukraine by other states. The use of separate values of the relevant indicators of military danger during the prediction of changes in the military-political situation can be used to substantiate the relevant decisions in the bodies of state military management.


2018 ◽  
Vol 6 (3) ◽  
pp. 36-40
Author(s):  
Виталий Кафтан ◽  
Vitaliy Kaftan

The author conducts a comparative analysis of various approaches to determining the state of international peace. The article notes the ambiguous nature of the humanistic, pacifist and militaristic positions in the understanding of the world. The main problems of establishing peaceful relations between countries are revealed. The characteristic political and legal grounds and conditions for achieving lasting peace.


Author(s):  
Daria Menshakova ◽  

The article reveals the significance of the usage of France’s nuclear status as a tool for the realisation of its foreign policy interests in the International Arena, especially in the context of necessity to ensure its security. A well-formulated and scientifically grounded, clear and reasonably transparent strategy for Foreign Policy ensures state security and is an inalienable attribute of a civilised, contemporary International Actor. One of the most critical aspects of France’s Defence strategy is based on its nuclear status. Therefore, it is essential to understand its role and function in the formulation of the foreign policy strategy. In particular, the concept of «nuclear diplomacy» is explored on the example of the French Republic. This concept describes the possibility of using nuclear status in various fields of foreign policy to achieve the interests of the state in the world arena. The survey describes political, economic and security aspects of the disposition of nuclear diplomacy in foreign policy. Also, the historical experience of exercising the nuclear status as a tool has been analysed. Relying on the analysis made it has been found that the practice of using nuclear status as a tool for conducting international dialogue has its several advantages, the main of which is the efficient protection of the national interests of the state. The author emphasises the fact that the wise usage of all nuclear status benefits, in the present conditions of growing instability and turbulence in international relations is a vital requirement for the development of France, especially as for nuclear-weapon state and a significant actor in the international arena. It has been argued that the nuclear status is inextricably associated not only with the formation of a state security strategy but also with the development of the image and geopolitical component of security, aimed at providing the necessary conditions for the realisation of French national interests in the International Arena, as one of the most effective methods of guaranteeing security and independence in the modern world. The modern world is the world of pervasive transformations and breakthroughs connected with the degeneration of traditional and modern structures. Although today the world is interconnected and united more than ever before, it is necessary to respect and estimate the idea of boundaries, sovereignty, and independence of a state, the right of a state to lead its policy. So, the best guarantee of directing separate political line it is wise using of one of the most effective and impressive tools, in a Foreign Policy too, that is nuclear status.


Author(s):  
Ol'ga Leonidovna Dubovik

The problem of ensuring public security is recognized by society and the state as an increasingly important, which is discussed by not only politicians and lawyers, but also political scientists, philosophers, and religious figures. Terrorism, taking of hostages, piracy, mass disturbances, extremism, racism and religious persecution have turned into a bitter daily occurrence. Russian and foreign criminal legislation establishes responsibility for such criminal offences. Despite the adopted conventions, the development of common positions on the prevention of crimes against public security, as well as criminal law regulations substantially differ from country to country. In pursuance of unification of criminal legislation on combating terrorism, extremism and other assaults on public security, as well as efforts taken in this regard, the author observes both, shared goals and aspirations, as well as substantial differences thereof. From this perspective, the differences and similarities of criminal law institution (community), which establishes responsibility for offences against public security in the criminal codes of Russia and Poland, are evident. Such comparative analysis would be applicable in comprising Russian and foreign experience overall, but taking into account the historical, cultural, political, geographical and other indicators, it seems reasonable to use the regulation of the corresponding criminal law prohibitions in the two indicated countries.


2005 ◽  
pp. 68-77
Author(s):  
K.V. Semchynskiy

We live in a time of significant change in the world. The end of XX century. marked by the gradual expansion of the globalization process through closer economic and information links, which also leads to different levels of interdependence between countries and regions. Instead of the state, transnational forces (military-political blocs, unions, corporations) act as units of political discourse. The threat to the national interests of individual states comes precisely from transnational forces (corporations, terrorism). Significant changes in the world make it imperative that global security strategies be revised in the light of cultural factors.


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