scholarly journals Sham Marriage in the Russian Family Law: The Problems of Legal Adjustment and the Ways of Their Solution

2020 ◽  
Vol 16 (1) ◽  
pp. 17-30
Author(s):  
Aleksey I. Frolov ◽  
Maria V. Agureeva
Keyword(s):  
Criminal Liability ◽  
Legal Aspect ◽  
Point Of View ◽  
Personal Privacy ◽  
Relevant Fact ◽  
Private Rights ◽  
The Status ◽  
Bona Fide ◽  
The Will ◽  
The Right

The essential features of the concept of the sham marriage are considered (registration of marriage, the expression of the will of the couple to register marriage, and the lack of intention to create a family). The analysis of the legal grounds for the emergence of marriage bona fide spouse rights in case of the invalidity of the sham marriage and the rehabilitation of the sham marriage, which are sets of legal facts, is carried out. The authors argue for the possibility of invalidating the sham marriage after the death of the spouses. There is a critical point of view on the issue of establishing administrative or criminal liability for the sham marriage if only private rights are violated. It is advisable to protect private rights violated by the sham marriage by means of private law, which allows ensuring the personal privacy. At the same time, the commission of the sham marriage can be considered as a qualifying feature of an illegal act that violates public law (violation of the procedure for admission to citizenship, acquisition of the right to state benefits, and others), or as an aggravating circumstance when imposing the appropriate punishment. In the comparative legal aspect, the system of measures to counteract the sham marriages is considered. Given that the liberalization of views on cohabitation and the possible de lege ferenda recognition of their legal force will complicate the problem of fictitious marriages, it is proposed to put the recognition of the status of spouses for cohabitees under the condition of providing evidence of the creation of a family and establishing the relevant fact in court.

scholarly journals SOURCES OF THE POWER AND THE AUTHORITY OF MANAGERS

2018 ◽  
Vol 28 (1) ◽  
pp. 79-84
Author(s):  
Vojo Belovski ◽  
Biljana Todorova
Keyword(s):  
Interpersonal Relationships ◽  
Religious Media ◽  
The Status ◽  
The Will ◽  
The Republic ◽  
Intellectual Knowledge ◽  
The Right ◽  
And Behavior ◽  
Formal Power ◽  
Power And Authority

The paper starts from the general approach to the content and essence of the categories of power and authority and their interrelationship at the level of theoretical analysis and practical existence and manifestation.The sources from which the power and the authority of managers emerge will be analyzed taking into account their position and role in the organizations and other forms of the existence of the managerial function.The power is the right to order and obligation to respect / apply the order - it is very present in the work and behavior of the managers. The power is visible in the area of the state activities, in the education system, among the family.The authority represents carrying out the will even when it is contrary to the interests of others. You can talk about economic, ideological, religious, media authority, the authority of political parties and interest groups.Organizations are composed of persons who perform greater or lesser degrees of authority and power. Sometimes the power and authority in the organization arise from the position of a person in the organization or from the knowledge and skills that a person possesses. Others express their authority in interpersonal relationships through their character. In practice, it is seen that individuals have formal power and no real authority.Most directly, the authority of managers is derived from their functions / activities in the enterprise, from the right to command and direct other people in their tasks and responsibilities. Their power stems from the right and the ability to create an environment in which other individuals will participate in the realization of the organization's goals, in other words, the right to create an atmosphere that will encourage people to dedicate themselves to the work and development of the enterprise.The authority of managers arises from their intellectual knowledge, often higher than the knowledge of employees, which also activates authority as a voluntary acknowledgment of influence on the subordinate.Through an analytical approach, analyzes will be made on some issues and aspects of the status of managers in the Macedonian society, through projected grouping / classification of types of managers. Also, an answer to the question of why the managerial function in the Republic of Macedonia is reviving.

scholarly journals Problems of implementation of constitutional rights and freedoms of man and citizen in the context of COVID-19

2021 ◽  
Vol 2021 (1) ◽  
pp. 42-53
Author(s):  
Pavel Astafichev
Keyword(s):  
Cultural Values ◽  
Separation Of Powers ◽  
Legal Regulation ◽  
Point Of View ◽  
Constitutional Rights ◽  
Personal Privacy ◽  
Education Access ◽  
Constitutional Principle ◽  
Constitutional Right ◽  
The Right

The article is devoted to the study of a range of problems concerning the implementation of constitutional human rights and freedoms in the context of the threat of the spread of a new coronavirus infection. The author states that from the point of view of the implementation of the institution of constitutional rights and freedoms of man and citizen, the legal regulation pattern was likely to be the strengthening of guarantee of the constitutional right to the protection of life and health, in part, to the detriment of other constitutional rights and freedoms, first of all – the right to freedom of movement, personal privacy, work, freedom of individual enterprise, right to education, access to arts, culture and cultural values and use of cultural establishments. In case of COVID-19, preference was forced upon de facto federalism, which implies a reasonable decentralization of the subjects of jurisdiction and powers, vertical sharing of powers to guarantee the constitutional principle of separation of powers. The article proves that the executive power has the right to plan and organize sanitary and anti-epidemiological, preventive and even restrictive measures, but it cannot limit the constitutional rights and freedoms of citizens bypassing the will of the representation of the people in a democratic society. In extremis, when circumstances require an immediate solution, it is possible only for a very short time, used by a representative body to fully discuss and make a proper decision.

scholarly journals Legality of Testament Cancellation Law and Property Ownership According to Fiqh Al-Syafi’iyyah

2019 ◽  
Vol 1 (2) ◽  
pp. 93-99
Author(s):  
Karimuddin ◽  
Khairun Asyura ◽  
Syamsul Bahri ◽  
Syarkawi ◽  
Nurul Husna ◽  
...  
Keyword(s):  
Policy Maker ◽  
Property Ownership ◽  
The Status ◽  
The Will ◽  
The Right ◽  
A Minor

Any person who has sufficient assets may inherit a portion of the assets as long as it does not harm the heirs and people who are forced to intend or will not intentionally in their will, the will is invalid. The person who has the will must fulfill the requirements, including adults, sensible, independent and of his own will. So it is not a will made by a minor child and a crazy person. In other cases when the testament inherits the estate and then he cancels the will, or the will inherits more than a third of the total assets but the heir cancels the will, then there will be a problem regarding the legality of the will and the status of ownership of the estate after the cancellation of the will. Based on these problems, a study is made to find a legal clarity that could be a reference for every policy maker. The results of the study and research can be concluded, al-Syafi'iyyah states that a will is only valid within a third of the inheritance as long as there is no permission from the heirs to testate to more than one third of the assets. exceeds the said level. A will also becomes nullified if a person who has a will cancels his will or inherited property no longer belongs to someone who has a will. Ownership of a will after the will is canceled depends on the reason and the person who cancels it. If the cancellation is carried out by the willor then the property is returned to the will of the testator, but if the cancellation of the will is due to a will that exceeds one third of the assets then the will is the right of the heir.

scholarly journals El derecho a un medio ambiente sano: su reconocimiento en el constitucionalismo comparado y en el derecho internacional

2007 ◽  
pp. 513
Author(s):  
Jaume Vernet i LLobet ◽  
Jordi Jaria Manzano
Keyword(s):  
Legal Status ◽  
National Level ◽  
Point Of View ◽  
Social Needs ◽  
General Category ◽  
Healthy Environment ◽  
Starting Point ◽  
The Status ◽  
Actual Harm ◽  
The Right

During the last three decades the recognition of some kind of rights about environmental protection has been developed around the world, in international public law as in internal constitutional law. Despite this, it has been a excruciating question to define the content of this kind of rights. The general category of the right to a healthy environment receives a different treatment in different legal systems and has a complex set of facets hard to be insert into an unity. This work try to describe the situation of the recognition of the right to a healthy environment in the international and the national level with the final aim of state that this situation of fact demands to define a legal content of it, despite the difficulties that have been noted by the scholars, tending to underline the impossibility of give to it a real legal status. We are facing a legal reality answering with more or less success to social needs and it is required to accept the process of general recognition of the right and to extract conclusions of this. After the presentation of the status of the situation in international main documents and significant constitutions, the work makes a proposal to give content to the right to a healthy environment in a double sense. First, we have a defensive approach, which aims to give individuals the legal weapons to react against actual aggressions that affect them directly; and second, we have the cooperative point of view, which aims to give them access to the decision-making process. The first approach more or less reacts to actual harm. The second is intended to prevent harm. This could be a starting point to advance in define a legal content of this right.

Implementation of the Right to Inheritance: Problems of Theory and Practice

2021 ◽  
Vol 10 (1-2) ◽  
pp. 203-220
Author(s):  
Svitlana S. Bychkova ◽  
Nataliia V. Bilianska ◽  
Tetiana R. Fedosieieva
Keyword(s):  
Assisted Reproductive Technologies ◽  
Reproductive Technologies ◽  
Civil Code ◽  
Theory And Practice ◽  
The Status ◽  
The Will ◽  
The Right

Abstract The article is devoted to the research into problematic aspects of exercising the right of inheritance by different categories of entities. As a result of the research conducted, recommendations for improvements to Ukrainian legislation have been developed. The status of a child born after 10 months and as a result of the use of assisted reproductive technologies after the death of one spouse should be determined at the legislative level. It also would be expedient in the Civil Code of Ukraine to fix the testator’s rights to settle the issue of birth of his children in the will through the use of assisted reproductive technologies after his death and to appoint such children as heirs. In addition, the Civil Code of Ukraine should provide for the possibility of individuals recognised as missing, to be heirs, and to secure the right to have a guardian over the property of such persons.

scholarly journals Consent to the Use of Artificial Reproduction and its Legal Significance for Establishing the Origin of the Child

Lex Russica ◽  
2020 ◽  
pp. 21-31
Author(s):  
D. A. Belova
Keyword(s):  
Legal Status ◽  
Assisted Reproductive Technologies ◽  
Legal Aspect ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Best Interests ◽  
Artificial Reproduction ◽  
Legal Information ◽  
The Status ◽  
The Will

The paper is devoted to the study of problems related to the establishment of the origin of children born as a result of artificial fertilization in the comparative legal aspect. It is noted that the principles laid down as the basis of the rules governing the order of the child’s origin vary significantly depending on whether it is a matter of natural or artificial reproduction. In the case of assisted reproductive technologies (ART), the value of blood (genetic, biological) kinship is leveled, and its substituted by the will of the person to acquire parental rights and obligations with regard to the child. A person’s will to become a child’s parent is expressed before the child is born in a written permission to use the ART. It is noted that the absence of normative rules regulating the order of expression of consent and conditions of its validity is an obvious gap in the legal regulation of the ART application. It is proposed to treat consent as informed consent if the person applying for the use of ART is provided not only medical but also legal information concerning the legal status of the person participating in the ART program and the legal implications of such participation. The author investigates requirements applied to mutual consent and voluntary consent, its substantive and revocable nature, as well as inadmissibility of representation when expressing the will to use the ART. The author argues that the will to acquire the status of a parent should be expressed in a separate document describing the content of the will and verified by the notary. In order to ensure the best interests of the child in parental care, it is proposed to impose statutory restrictions on the free will to apply the ART.

scholarly journals Difficult way of the institution of criminal liability for attacks on the honor and dignity of the person, or problems of targeting

2021 ◽  
Vol 7 (2) ◽  
pp. 48-56
Author(s):  
T. V. Klenova
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Point Of View ◽  
Historical Method ◽  
Democratic State ◽  
The Individual ◽  
The Right ◽  
Criminal Legislation ◽  
The Impact

The article is devoted to the institution of criminal liability for attacks on the honor and dignity of the individual. The article, using the historical method, examines the stages of development of this institution and the features of protecting the honor and dignity of the individual from the point of view of the values of a modern democratic state. The author analyses the impact of explicit and implicit criminal policy objectives on the ways to protect the honor and dignity of the individual. Particular attention is paid to the criminalization and decriminalization of libel and slander. The research is aimed at identifying the problems of targeting in changes in the institution of criminal liability for attacks on honor and dignity, when the relevant criminal law norms are replaced by administrative law norms. The author seeks to depoliticize the protection of the personal right to honor and dignity on the basis of the principle of equality of citizens before the law. The current Russian criminal legislation is mainly aimed at protecting the honor and dignity of persons in connection with their social accessories. Within the protective concept of criminal law, the author of the article justifies the conclusion that the right of anyone who has suffered from slander or insult to achieve the truth and state censure of the perpetrator is guaranteed. Such a view will also be interesting to researchers of the criminal process.

scholarly journals Peculiarities of responsibility to arbitrators of international commercial arbitration

Legal Ukraine ◽  
2019 ◽  
pp. 32-39
Author(s):  
Keyword(s):  
Criminal Liability ◽  
Legal Framework ◽  
Point Of View ◽  
Quantitative Composition ◽  
Commercial Arbitration ◽  
Wrong Decision ◽  
International Commercial Arbitration ◽  
Foreign Countries ◽  
Black List ◽  
The Right

The article explores the problems of arraignment of arbitrators, while analyzing both the legal framework for international commercial arbitration of foreign countries and the existing arbitration practice. In particular, it is emphasized that the arraignment of arbitrators is quite problematic, as there are significant omissions and gaps in the domestic arbitration laws of several states, which avoids the liability of unfair arbitrators. However, given that international commercial arbitration is a non-governmental institution, built on the principle of autonomy of the will of the parties, which allows the parties to influence positively the arbitration (by determining the right on the basis of which the dispute, languages and places of arbitration will be settled and the quantitative composition of arbitration, etc.), in this case, the role of ethical rules is growing significantly. Accordingly, unscrupulous arbitrators cannot further claim to be involved in arbitration proceedings, as they fall into the so-called «black list of arbitrators» and the parties refuse to provide their services. This «public disclosure» method can be viewed to some extent as a means of preventing arbitrators. From a practical point of view, we consider it justified to include in the regulations of international commercial arbitration tribunals the provisions on the application of sanctions for violation of the parties' consideration of their obligations. If the arbitrator makes a deliberately wrong decision, it is advisable to provide for the following sanctions: withdrawal (in particular, the grounds for dismissal should be: financial dependence, subordination and other professional relations of the arbitrator with one party; the same nationality of the arbitrator and one or both parties; or opinion; court precedents); suspension of activity, prohibition on occupation of certain positions, liability for damages, administrative and criminal liability. Key words: arbitration, international commercial arbitration, arbitrator, responsibility of arbitrators, sanctions in international commercial arbitration.

scholarly journals ECONOMIC VIOLENCE AS A TYPE OF DOMESTIC VIOLENCE: STATUTORY REGULATION AND THE FIRST EXPERIENCE OF APPLICATION OF THE CRIMINAL LEGISLATION OF UKRAINE

2020 ◽  
Vol 4 (48) ◽  
Author(s):  
Oleksandr Bilovol
Keyword(s):  
Domestic Violence ◽  
Child Support ◽  
Criminal Liability ◽  
Criminal Code ◽  
Economic Violence ◽  
The Will ◽  
The Right ◽  
A Minor ◽  
Criminal Legislation ◽  
Economic Nature

The criminal liability for economic violence in Ukraine as one of the types of domestic violence was analyzed in the article. Interpretations of such types of economic violence as intentional deprivation of housing, food, clothes, other property, money and documents or opportunity to use them, leaving without care or guardianship, preventing in receipt of necessary services in treatment or rehabilitation, ban to work, coercion to work, ban to study and also other offenses of economic nature. It was established that the intentional deprivation of housing, food, clothes, other property, money or documents should be understood as conditions under which the victim cannot use this property in full because it has been spent on the guilty person’s own needs, transferred to third parties, destroyed or damaged, etc. It was noted that the relevant property may belong to the offender or the victim. In turn, deprivation of the opportunity to use this property means that the victim is either limited in time to use these items, that is cannot use them constantly, but only for a certain time or with a certain frequency and/or cannot use this property to the extent which deems it necessary. Separation of these types of economic violence from crimes such as abuse of guardianship rights, evasion of alimony payment for child support, evasion of money payment for keeping of disabled parents, and malicious failure to care for a child or a person in custody or care was done. It was stated that committing such a type of economic violence as a ban on work or unlawful force to work, the offender against the will of the victim at his own discretion determines whether the victim has the right to realize his right to work or vice versa to force the victim against his will to work or overwork or perform the work chosen by the offender himself, not the victim. In this case, the aggressor may not work himself at all. This type of economic violence was separated from such crimes provided by other articles of the Criminal Code of Ukraine as the exploitation of children and the use of a minor child for begging. The attention was focused on the fact that the list of types of economic violence for which criminal liability may occur has an open character. This approach of the legislator makes the norm more flexible in application but significantly complicates its interpretation.

scholarly journals Direito Fundamental a uma nacionalidade

2017 ◽  
Vol 17 (33) ◽  
pp. 125
Author(s):  
Leila Arruda Cavallieri
Keyword(s):  
Family Life ◽  
International Adoption ◽  
Point Of View ◽  
Fundamental Rights ◽  
Judicial Decision ◽  
Transnational Law ◽  
Great Achievement ◽  
The Status ◽  
The Right ◽  
Italian Legislation

Os direitos fundamentais são a base da garantia do exercício pleno da dignidade humana.A salvaguarda desses direitos pelo país é um dever que não pode ser relegado ou olvidado. Desta forma, existem mecanismos que compelem o Estado a proteger, defender e cobrar respeito pelos mesmospor parte da sociedade e de outros Estados. No caso da adoção internacional, o direito à convivência familiar é conquistado pelos adotandos a partir da sentença judicial brasileira. Porém, ao se tornarem filhos de pais domiciliados em outro Estado, as crianças e adolescentes aqui nascidos precisam ter as garantias que são atinentes ao status de cidadão daquele país. A partir do reconhecimento do direito à nacionalidade pelo país de acolhida das crianças, elas passam a usufruir de uma condição de equiparação a seus adotantes, do ponto de vista de direitos e deveres. A nacionalidade ou cidadania para os adotandos é um direito fundamental que necessita ser conquistado e preservado, através das normativas internas ou de direito convencional, visando atender ao superior interesse da criança ou adolescente. A legislação italiana é uma das legislações estrangeiras que possui tais dispositivos, o que se torna uma grande conquista no direito transnacional. PALAVRAS-CHAVE: direitos fundamentais; adoção internacional; direito à convivência familiar; direito à nacionalidade   Abstract Fundamental rights are the basis for ensuring the full exercise of human dignity. The safeguarding of these rights by the country is a duty that can not be relegated or forgotten. Thus, there are mechanisms that compel the State to protect, defend and claim respect for them by society and other States. In the case of international adoption, the right to family coexistence is won by adoptees based on the Brazilian judicial decision. However, when they become children of parents domiciled in another State, the children and adolescents here born need to have the guarantees that are pertinent to the status of citizen of that country. From the recognition of the right to nationality by the host country of the children, they will enjoy a condition of equality with their adopters, from the point of view of rights and duties. Nationality or citizenship for adopte is a fundamental right that needs to be won and preserved, through internal norms or conventional law, in order to meet the superior interest of the child or adolescent. The Italian legislation is one of the foreign laws that have such devices, which becomes a great achievement in transnational law. KEYWORDS: fundamental rights; international adoption; right to family life; right to nationality

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