scholarly journals On the international legal regulation of cooperation between air transport companies

Author(s):  
Anastasia Mikhailovna Korzhenyak

The subject of this research is the problematic aspects of international legal regulation of cooperation between airways. The author reviews the fundamental international treaties in the sphere of international air transportation (international air law). Special attention is given to examination of different types of bilateral agreements on air transport or air communication. Analysis is conducted on the advantages and disadvantages of the structure of bilateral regulation; different classification of the alliances in Russian and foreign scientific literature. The conclusion is made that although initially, the strategic alliances were created to improve the welfare of air transport companies by reducing costs, currently there is market, concentration with overwhelming share of the three largest alliances. Stiff competition forces to join one or another alliance in order to share in the international air carriage, which clearly indicates the tendency to globalization of air transport. There is no doubt that the countries constantly use the methods of bilateral regulation for obtaining vast benefits.  Currently, further development of bilateral and multilateral (namely regional) cooperation in the sphere of international air carriage aimed at liberalization of international air transport is of major importance. This is the most efficient and fastest means of communication between the countries. The conclusion is made on the insufficient and fragmentary nature of international legal regulation of airways cooperation. The author advances the idea of going beyond private law regulation and creating a universal international legal mechanism that would help to overcome the problem of discrimination against third countries.

Author(s):  
Elena Mikhaylovna Nesterova

The limits of the disposal of one’s own body, individual organs and tissues are not clearly regulated by law, and therefore there are many difficulties in legal realization. Especially problematic is the use of organs after death for another person. In the case of various personal (somatic) rights, despite the lack of a full legal mechanism of their action, you can always starting out from the will of the individual, his individual rights. However, after the death loss of the ability of this volitional aspect and expression of their legitimate interest. We reveal the features and problems of personal (somatic) human rights in the key of cadaveric organ donorship. We analyze current Russian legislation and these norms application practice, we note shortcomings and imperfections of legal regulation of the area of organs removal after the death of a person. In addition, we investigate the religious and dogmatic nature content of acts for the relation to transplantology. We pay particular attention to the presumed consent analysis on removal of organs after death. Also we note the advantages and disadvantages of such a legislative setting. Conclusions about the such rights protection options are formed and the need to create an effective mechanism for the realization of the right of each participant in such relations is emphasized. Based on some foreign countries study experience, we propose an options for the development and improvement of cadaveric donation regulation.


2020 ◽  
pp. 116-121
Author(s):  
M.V. Plotnikova ◽  
A.L. Kovalenko

Sources of legal regulation of the reform of the national armed forces in Ukraine are explored in the article. The interaction of international and national law in this area is characterized. The reform of the Armed Forces of Ukraine is a long process and has been going on for more than twenty years. The reform is conditioned by the need to create a combat-ready armed forces that will perform the tasks of Ukraine's defense. A feature of reforming this area is the implementation of the provisions of the standards of such an international organization as the North Atlantic Treaty Organization. This determines the interaction of national and international law. The Charter on a Distinctive Partnership between North Atlantic Treaty Organization and Ukraine and the other international treaties between NATO and Ukraine are international legal sources regulating the reform of the Armed Forces of Ukraine. Laws of Ukraine «On the Armed Forces of Ukraine», «On Amendments to Certain Laws of Ukraine on Military Standards», the Strategic Defense Bulletin of Ukraine, the Military Doctrine of Ukraine and other regulations are domestic sources of legal regulation of defense sector reform. Based on the analysis of these documents, the author claims that one of the important directions in the reform of the Armed Forces of Ukraine is the implementation of NATO standards. The provisions of NATO standards are not directly applicable and are subject to implementation in Ukrainian law. Ukraine is not a member of multilateral agreements within NATO, but bilateral agreements with the Alliance regulate cooperation in the implementation of NATO Standards in Ukraine. The practice of implementing NATO legal provisions helps to avoid legal conflicts in the regulation of the defense sphere, which may arise due to the regulation by international acts of army reform.


2020 ◽  
Vol 11 (3) ◽  
pp. 718-732
Author(s):  
Yu Hu ◽  

Since 2014, the Chinese Communist Party and the Chinese government have begun to pay significant attention to the field of international prosecution of corrupt officials and the international search for stolen money and property. Sources of law in the area of international legal assistance in anti-corruption cases in China include: international multilateral treaties, bilateral agreements, domestic law, memoranda of the Communist Party of China. China has achieved much success since 2014, and such results can be divided into 3 types: success in the international prosecution of corrupt officials, success in the international search for stolen money and property, and, diplomatic achievements. Unfortunately, although the legal regulation of international assistance in anti-corruption criminal cases is constantly being improved and the results are impressive, a number of issues remain unresolved, including: giving more attention on the international prosecution of criminals than the international search for stolen money and property; the frequency of the use of treaties in international criminal judicial assistance and the number of signed international treaties leave much to be desired; focusing on individual cases instead of improving the entire system for catching corrupt officials as a whole; the lack of a mechanism for applying international multilateral or bilateral treaties; the existence of a conflict between different sources of legal regulation in the fight against corruption.


Author(s):  
Alexey A. Grishkovets

This article analyzes the principles of the new project of the Code of the Russian Federation of Administrative Offences in the sphere of the labor relationships. The importance of this topic lies in the fact that the draft of the new Code provides significant changes in the administrative responsibility in the study area. Its analysis is of interest to legal scholars and practitioners who use the RF Code, as it allows scientific assessment of the advantages and disadvantages of the upcoming innovations. Additionally, in theory, it can provide a better understanding of the relationship between the administrative and labor law as an illustrative example of the interaction between the branches of public and private law. This research has required using the formal-dogmatic, logical, systematic and statistical methods of cognition, which are widely used in legal science in general, as well as the science of the administrative and labor law in particular. The results show that the norms of administrative and labor laws interact closely as a result of their systematic use in certain spheres of legal regulation. One of them is the sphere of administrative responsibility for offence in the sphere of the labor relationships. Having compared the appropriate norms of the acting RF Code of Administrative Offences with the new project, the author presents the changes which will take place in legislative regulation of administrative responsibility for the offences in the sphere of the labor relationships as a result of adopting the new RF Code on administrative offences. The author concludes that after the adoption and legal implementation of the new RF Code of Administrative Offences, the legal mechanism of administrative responsibility will be noticeably improved, which will allow for more effective protection of human rights at work and ensurance of the legality in the sphere of labor.


Author(s):  
ELIZAVETA SALINA ◽  

1 Lomonosov Moscow State University, Moscow, Russia The presented research reveals an approach to the construction of a legal mechanism for the functioning of payment systems. The proposed approach is based on the application of the principles of legal regulation. The purpose of a work is to determine the existing legal mechanism for the functioning of payment systems, identify its drawbacks and propose a new approach to legal regulation to ensure the proper functioning of payment systems. The proposed approach to legal regulation takes into account the specifics of the functioning of payment systems, which consists in the presence of three elements in its activities: institutional, procedural and organizational. These elements reflect the subject structure of the payment system, the process of providing money transfer services by them, and the ways in which payment system entities interact during providing payment services. Each of the elements must be defined within the legal framework of the payment system to ensure its proper functioning. The proposed principles of legal regulation take into account the features of these elements, in particular, the principles are classified into three groups, depending on the element they affect. The paper describes ways to implement the principles in the legal mechanism: the possibility of their direct application, depending on the type of significance of the payment system, is analyzed. It is also concluded that the implementation of the principles in the legal mechanism will reduce the regulatory burden on payment systems by using an approach depending on the level of significance of the payment system. The paper defines the role of the principles, which is that the principles allow to eliminate the legal gaps in the legislation on the national payment system, and prevent the emergence of new gaps.


Author(s):  
Anton Koshelev ◽  
Ekaterina Rusakova

A significant leap in the development of information technology over the past twenty years has made the global legal community respond to new challenges that have come along with the progress in the digital environment. Together with the convenience of using electronic resources, society has developed a need for a simple and understandable legislative regulation of legal relations arising from the use of computer information technologies and various products of electronic digital activity in order to protect their interests potentially. The concept and types of electronic evidence in civil proceedings in different countries have different meanings. Meanwhile, the regulations of their procedural admissibility and applicability differ. The common thing is the tendency towards an increase in the use of electronic information carriers in court proceedings, increasing importance for establishing specific facts, and the decisive evidentiary role in making decisions by the court. India became one of the first countries to realize the growing level of implementation of Internet technologies, electronic digital storage media, and computer dominance in society and the state's daily life [1] (Artemyeva, Y.A. et al.). The consequence of this understanding was the timely development and implementation of the substantive and procedural bases in evidence law for practical, understandable, and convenient use of electronic evidence in civil proceedings. The article examines the types and procedural status of electronic evidence and analyzes the current legislation and law enforcement practice in the admissibility and application of electronic evidence in civil proceedings in India. The study identifies the existing system of electronic evidence in the legal field of India, the determination of the advantages and disadvantages in the gathering, presentation, research, and evaluation of electronic evidence by the court in civil proceedings, as well as the identification of the procedural order for their provision. The researchers have identified the following tasks to achieve the goals: • to define and research the legislation of India governing the concept, types and procedural order of applicability and admissibility of electronic evidence in civil proceedings in India; • to develop a particular procedural order for the effective use of the institution of electronic evidence in civil litigation in India; • to identify the current trends in the gathering, presentation, research, and evaluation of electronic evidence in India's courts, based on the established judicial practice study. The research methodology is based on general theoretical and scientific methods of cognition, including abstraction and specification, analysis and synthesis, modeling and comparison, and systemic, logical, and functional analyzes. The scientific novelty of the research consists of a comprehensive study of the instruments of legal regulation of the institution of electronic evidence in India's legal field, including regulatory legal acts and judicial precedents, and a consideration of the possibility of applying Indian approaches in the jurisdictions of other countries. The analysis of legislation and jurisprudence regarding electronic evidence in India's civil proceedings was carried out using the synergistic principle of object study, statistical-sequential analysis, and empirical research method. This study's results can be used in lawmaking to develop and improve regulations regarding the procedural status and use of electronic evidence in civil litigation in any country. The reference, citation, and use of this article's conclusions and materials are permissible when conducting lectures and seminars on civil procedure and private international law, research activities, law enforcement practice, and teaching.


2020 ◽  
Vol 2 (2) ◽  
pp. 126-147
Author(s):  
A. N. Vashchekin ◽  
◽  
A. V. Dzedzinsky ◽  

Introduction. The era of digitalization sets for researchers the task of systematizing the essential features of digital space, identifying the essence of the “right to the Internet” and the legitimacy of limiting the digital rights of citizens. Theoretical Basis. Methods. The authors studied the peculiarities of the digital environment as a specific integral area of legal regulation, the doctrine and legislation of several countries on the topic which determines the basis for the regulation of digital space in Russia. The formal legal method, synthesis, analysis, induction and deduction were used as research methods. Results. The wording of the basic concepts in the area under study is proposed: digital space, digital region, digital platform, etc. The measures to eliminate “digital wells” are indicated. The main properties of the information space and its derivatives are considered. The effects of any contradictions in the legislation of the country are shown. Discussion and Conclusion. As the study showed, the latest innovations in the legislation contravene the principle of the balance of interests, fail to meet the requirements of observing the rights of a person and citizen, and contradict the Constitution and international treaties of Russia. When comparing these measures with their foreign counterparts, a search was made for their potential shortcomings and proposals were presented on possible directions for their correction, taking into account the particular characteristics of digital space.


2020 ◽  
Vol 22 (3) ◽  
pp. 55-63
Author(s):  
EKATERINA A. KOPYLOVA ◽  

The article considers the international legal regime of immunities and privileges of amicus curiae prosecutors of international criminal courts which are intended to ensure independent and unhindered performance of their functions in prosecuting crimes against the administration of justice. Due to the lack of doctrinal research in this field, whether in the domestic or foreign science of international law, the study is characterized by scientific novelty. Its empirical basis is constituted of the provisions of international treaties governing the immunities and privileges of staff of the ad hoc international criminal tribunals and the International Criminal Court. It is noted that today the state of international legal regulation of immunities and privileges of amicus curiae prosecutors is not quite satisfactory as it contains significant gaps. Two possible approaches to determining the scope of the immunities and privileges of amicus curiae prosecutors are identified: the first based on their status and the second – on the functions they perform. Their critical analysis leads to the conclusion that the functional approach is more in line with the principle of equality of arms in international criminal proceedings. As a result of its application, the scope of the immunities and privileges of amicus curiae prosecutors coincides with the scope of the immunities and privileges granted to staff of the Offices of Prosecutors at the international criminal tribunals.


2021 ◽  
Vol 15 (1) ◽  
pp. 185-193
Author(s):  
LEONID N. TARABUEV

Introduction: we usethe analysis of official data and the results of our own research to identifymajor issues in the work ofprobation inspectorates aimed at executing penalties in the form of correctional labor. Aim: taking into account current practice of execution of punishment in the form of correctional labor, we formulate some organizational and legal proposals for supporting the activities of probation inspetorates, aimed at improving the effectiveness of execution of this type of punishment. Methods: generalization, comparison, dialectical-materialistic theory of knowledge, questionnaire survey, expert assessment, statistical analysis, comparative-legal method. Results: our proposals for changing the current legislation will help to enhance the performance of probation inspectoratesin their work related to the execution of sentences in the form of correctional labor as a real and in-demand alternative to incarceration. Conclusions: main reasons for insufficient labor involvement of convicts sentenced to correctional worksare as follows: probation inspectorates and territorial bodies of the Federal Penitentiary Service of Russia do not conduct effective preliminary work that wouldhelp to create favorableworkingconditions for the convicts in this category; cooperation of probation inspectorates with municipal authorities at various levels and with regional state authorities is at a low level; as a result, convicts cannot be brought to work in full; there is no legal mechanism to encourage employers to provide jobs to convicts; regional state authorities have yet to introduce appropriate changes to regional legislation so as to reduce the tax on profits of enterprises and organizations that provide jobs for those sentenced to correctional labor; probation inspectorates staff lack initiative with regard to employment quotas in institutions where prisoners work; the personality of a convicted person who is prone to committing crimes and other offenses has not been studied thoroughly. It is obvious that there is a need to develop a mechanism for legal regulation of the functioning of probation inspectorates in the field of execution of sentences in the form of correctional labor. Keywords: probation inspectorate; correctional labor; convict; engagement in labor; quotas; tax benefits; interaction.


2020 ◽  
Vol 33 (20) ◽  
pp. 77-81
Author(s):  
N. Yu. Veselov

Problem setting. Legal regulation is an integral component of the administrative and legal mechanism for ensuring the functioning of juvenile justice, through which the state regulates relevant social relations through law and the totality of legal means. Recent research and publications analysis. The following Ukrainian scientists tried to conceptually solve these issues: Ya. Kvitka, V. Levchenko, O. Maksimenko, N. Lesko, I. Ishchenko, O. Navrotsky. Paper objective. The purpose of the study is to obtain scientific and applied results on the presentation of options for legislative support of juvenile justice in other countries and to formulate proposals for improving the administrative and legal regulation of juvenile justice in Ukraine. Paper main body. The analysis of the legislation of other countries indicates that there are several conditional models of legal regulation of the peculiarities of ensuring the rights of the child in the exercise of juvenile justice. This division is based on the following criteria, such as the existence of a law in the country that establishes the general principles of the judicial and extrajudicial, administrative and legal protection of children’s rights; the existence of a separate law on juvenile justice, which codifies all the rules of law that determine the peculiarities of criminal proceedings against children; the existence of a separate law on juvenile justice, but which establishes the general principles of the operation of juvenile justice, public administration in this area, prevention of offenses, etc. Conclusions of the research. The expediency of adopting the Law on Juvenile Justice in Ukraine, which, in its content, will mainly be an act of administrative and legal nature, the Law «On Ensuring the Rights of the Child in Ukraine», the Law «On the Ombudsman of Ukraine» is substantiated. Keywords: child, minor, legal regulation, administrative law, juvenile justice, justice.


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