INTERNATIONAL LEGAL PROBLEMS OF RETURN OF CULTURAL VALUES IN THE CONTEXT OF JUDICIAL CASE

2017 ◽  
Author(s):  
Inesa Shumilo ◽  
◽  
Kateryna Ivchuk ◽  
Oleksandr Cherniavskyi ◽  
◽  
...  
Keyword(s):  
The Netherlands ◽  
Cultural Values ◽  
International Organizations ◽  
Legal Regulation ◽  
Convincing Evidence ◽  
International Standards ◽  
International Treaties ◽  
Crimean Peninsula ◽  
National Legislation ◽  
Cultural Assets

The article is devoted to the problem of international legal regulation of returning the cultural assets to the country of origin. The authors analyze the stages of the institution for the protection of cultural values development at the national and international levels. The article examines the system of international treaties that constitute the legislative framework of interstate cooperation in the field of returning cultural assets, the role of the UN, UNESCO and other international organizations in creating effective mechanisms for resolving disputes around returning cultural heritage items. The authors pay special attention to the case of Ukraine's claim to the University of Amsterdam on their turn of museum exhibits of the Scythian Gold exhibition, which was organized in the Netherlands under an agreement between the Ukrainian side and the Allard Pearson Museum in early 2014. The paper analyzes the acts of international organizations and national legislation of Ukraine on the consequences of the occupation of the Crimean Peninsula by the Russian Federation, and analyzes in detail the provisions of the loan agreement, which served as a basis for demonstrating the assets of Ukrainian museums at an exhibition in the Netherlands. The authors critically analyze the arguments of the Crimean museums located on the territory uncontrolled by Ukraine, about having "the right of operational management" for the exported exhibits and provide convincing evidence confirming the ownership of Ukraine for all the temporarily exported museum values. Based on the analysis carried out, the authors come to the conclusion that the international standards for the protection of cultural assets and effective mechanisms for their return to their rightful owners have been developed by the joint efforts of the international community in the twentieth century. The current provisions of international public law and the national legislation of Ukraine, chosen as a result of conflict of legal regulation, give solid grounds to assert that Ukraine is the rightful owner of all museum assets of the exhibition "Scythian gold".

scholarly journals International legal standards of advocacy in Russian environmental legislation

2021 ◽  
Vol 244 ◽  
pp. 12005
Author(s):  
Irina Kvach
Keyword(s):  
Oil And Gas ◽  
Legal Regulation ◽  
International Standards ◽  
International Treaties ◽  
National Legislation ◽  
Legal Reforms ◽  
Legal Standards ◽  
The North ◽  
Oil And Gas Fields ◽  
Conceptual Role

The article deals with conceptual questions of the role and place that international standards of advocacy take in the system of sources of advocacy in Russia. The author, relying on the decisions of the Plenum of the Supreme Court of Russian Federation, points out the priority importance of international standards and rules in matters of legal regulation of legal proceedings. Considering a significant array of international documents adopted within the framework of international organizations, including the Council of Europe, the author singles out those containing international standards of advocacy. The study of Russian national legislation through the prism of international standards of advocacy makes it possible to conclude that, as a result of prolonged legal reforms, the main fundamental provisions of national legislation have been brought into line with the requirements of international standards, but work in this direction has not yet been over. As a result, the author points out the conceptual role of international treaties as sources of advocacy. The findings became the basis for further author’s research of international standards, as a legal basis for the regulation of advocacy to protect the rights and freedoms of indigenous peoples of the north in the development of oil and gas fields on their ancestral lands.

COLLODIZING LINKS IN PRIVATE INTERNATIONAL LAW

2021 ◽  
pp. 19-21
Author(s):  
Н.Д. Эриашвили ◽  
Г.М. Сарбаев ◽  
В.И. Федулов
Keyword(s):  
International Law ◽  
Present Article ◽  
Russian Federation ◽  
Legal Regulation ◽  
Private International Law ◽  
International Treaties ◽  
Public Interests ◽  
National Legislation ◽  
The Public ◽  
The Russian Federation

В представленной статье рассмотрены проблемы коллодирующих привязок в международном частном праве и особенности их правовой регламентации в законодательстве Российской Федерации. Автором проанализированы особенности нормативного закрепления данного типа привязок в системе международных договоров, а также механизм имплементации этих норм в национальном законодательстве различных государств. На основе сложившейся практики применения коллодирующих привязок национальными органами государственной власти обоснована необходимость учета публичных интересов государства в данных правоотношениях. The present article examines the problems of collodizing links in private international law and the peculiarities of their legal regulation in the legislation of the Russian Federation. The author analyzed the peculiarities of this type of binding in the system of international treaties, as well as the mechanism for implementing these norms in the national legislation of various states. On the basis of the established practice of applying collodial links by national authorities, the need to take into account the public interests of the State in these legal relations is justified.

scholarly journals LEGAL REGULATION OF INTERNATIONAL CHARTER AND LINER SHIPPING

2021 ◽  
Vol 76 (3) ◽  
pp. 64-73
Author(s):  
Alla Palchenko ◽  
◽  
Elena Pishchanskaya ◽  
Keyword(s):  
Legal Regulation ◽  
Maritime Transport ◽  
International Treaties ◽  
National Legislation ◽  
Legal Norms ◽  
Bill Of Lading ◽  
Maritime Shipping ◽  
International Transport ◽  
International Conventions ◽  
Conflict Of Law

Legal regulation of relations arising from the implementation of international transport has its own specifics. The most important conditions are defined in international agreements − conventions, which are the main source of regulation in this area of relations. The agreements contain mainly unified substantive legal norms necessary for the settlement of conflicts that most often arise in the regulation of issues in the field of international transport. It should be noted that international transport conventions also consist of conflict-of-law rules, which are invoked in the absence of unified substantive law. As a rule, conflict-of-law rules refer to national legislation, but sometimes also to the norms of international conventions. The norms of the conventions on international transportation are imperative for contracts of carriage, executed by a transport document − a bill of lading. As a rule, conflict-of-law rules refer to national legislation, but sometimes also to the norms of international conventions. The norms of the conventions on international transportation are imperative for contracts of carriage, executed by a transport document − a bill of lading. Relations in the field of maritime shipping in many cases remain subject to the provisions of domestic maritime law, which must be determined by conflict of laws rules. However, as there are again few generallyaccepted conflict-of-law rules established by international treaties, all relevant issues are resolved at the level of national case law, and it is also different. In connection with the development of the world economy and international economic relations, the question of the ability and degree of influence of maritime transport on them plays an important role. Maritime shipping is central to a single global transport system. Maritime transport is already in its format of activity is an international industry, and concerns the activities of the carrier for the movement of goods or passengers from the port of departure to the port of destination.Keywords: convention, bill of lading, charter, sea transportation, seaport

scholarly journals The Impact of International Social Security Standards on Formalization of Social Risks in National Legislation

2017 ◽  
pp. 97-105
Keyword(s):  
Social Security ◽  
The State ◽  
Point Of View ◽  
International Standards ◽  
The Self ◽  
International Treaties ◽  
National Legislation ◽  
Social Risks ◽  
Security Standards ◽  
The Impact

The article deals with the international standards of social security from the position of stipulation of social risks in them. On the basis of the state self-limitation theory, the author concludes that there exists a process of self-limitation in the field of social security. By ratification of international treaties establishing standards in the field of social security, a state limits itself. Thereby the state makes a commitment to support its citizens in prevention, overcoming, and compensation of social risks. It demands from the state to formalize the social risks in the national legislation. It is proved that formalization of social risks in national legislation is an inner aspect of the self-limitation process in the field of social security. Some social risks might be also stipulated in international documents, in particular, in the UN and the International Labour Organization instruments. Both internal and external aspects of the self-limitation process in the field of social security are in close interrelation. At the same time, implementation of certain international standards entails significant financial and organizational budget expenditures, therefore such standards can be implemented in part. From the author’s point of view, it is the internal aspect of self-limitation that serves as a guarantee from arbitrariness of a legislator in formalization of social risks.

scholarly journals International Documents and National Legislation of Ukrainian Regulation of the Right for Journalists Freedom of Speech

2018 ◽  
pp. 34-45
Author(s):  
Tetiana Prystupenko
Keyword(s):  
International Organizations ◽  
Freedom Of Speech ◽  
Information Policy ◽  
International Standards ◽  
Practical Implementation ◽  
National Strategy ◽  
State Information ◽  
National Legislation ◽  
Current State ◽  
The Right

The relevence of the study of the issue related to the right to freedom of speech of domestic journalists in the context of international documents and national legislation of Ukraine in this area is caused by the necessity of applying international standards in the real activities of media representatives and development of effective state information policy in this direction. The objective of the research is to ascertain the current state as to protection of the right to freedom of speech of Ukrainian journalists, its interrelation with the program activities in this direction of influential international organizations, national legislation in the conditions of European choice of Ukraine. The study is based on the Concept of national strategy on human rights, the domestic legislative experience in protecting the right to freedom of speech of media representatives and its practical implementation, the global information activities of UN / UNESCO in this context. The situation concerning restriction of freedom of speech in Ukraine, the rights and freedoms of journalists and other democratic values takes place contrary to the norms and provisions of the Constitution of Ukraine, other legislative acts of the state as well as international documents ratified by Verkhovna Rada of Ukraine.

Features of adaptation of the national punishment system to European standards

2020 ◽  
pp. 87-92
Author(s):  
Alexey Tavolzhanskyi ◽  
Valeriya Prykhodko
Keyword(s):  
European Integration ◽  
Detailed Examination ◽  
Legal Regulation ◽  
International Standards ◽  
European Countries ◽  
Main Body ◽  
National Legislation ◽  
National System ◽  
European Legislation ◽  
European Standards

Problem setting. Ukraine has chosen a course for European integration. The existing legal order in Ukraine is being reformed in accordance with European standards in order to improve the quality of legislation and, subsequently, the living standards of the population. The system of punishment is no exception. As it is not possible to get rid of crime completely, it is possible to improve the mechanisms that realize the main purpose of punishment, and through which crime will be reduced. The fight against crime in Europe is more effective than the experience of post-Soviet countries, so it can be argued that the adaptation of national legislation to European can be a positive phenomenon for Ukraine. Analysis of recent researches and publications. Various aspects of the problem of implementation of international standards in domestic practice in the field of serving sentences, in particular regarding imprisonment, were dealt with by a number of scientists, in particular Pripolova L.I., Golovkin B.M., Kushnir Ya.O., Smirnova A.V., Popko V.V., Ptashinsky O.V., Stepaniuk А.N., Farenyuk S.Ya. and others. Target of research. The aim of the article is to highlight the most important points in the modern national system of punishments, which contain shortcomings at the same time with the possibility of reforming them in accordance with European legislation. Article’s main body. According to Article 51 of the Criminal Code of Ukraine in Ukraine there are 12 types of punishment. They are divided into basic and additional. Once a sentence has been imposed, it is not so important to classify it into basic and additional, so criminal executive law divides all sentences into isolation and non-isolation. Criminal and criminal-executive law of Ukraine is a national system of punishments, which includes the concept of punishment, types, limits of punishment and the order of their serving. This system is the result of many changes in Soviet legislation, following the experience of European countries, as Ukraine has chosen a course of European integration since the beginning of its independence. But it is not enough to simply bring the system of legislation of Ukraine in line with European norms, because it is the implementation of these norms that is important, which can create an obstacle in the reform of the penitentiary system. Therefore, the adaptation of national legislation to European legislation in the field of execution and serving sentences should meet the needs of the Ukrainian penitentiary system while eliminating the most significant shortcomings of this system. Conclusions and prospects for the development. Based on the analysis, it can be argued that it is appropriate to change the national system of punishment in accordance with international norms and practices of European countries. Emphasis is placed on gradual, comprehensive reform, which will ensure the formation of a quality mechanism for the implementation of all purposes of punishment. Changes are needed in general, starting with the terminology of certain not quite accurate concepts used by the legislator, ending with the mechanism of implementation of norms and maximum improvement of conditions of serving a sentence. A detailed examination of the shortcomings of some types of punishment confirms that Ukrainian legislation in certain institutions needs new legal regulation. This applies primarily to fines and imprisonment, as these punishments are the leading and, according to many scholars and legal practitioners, the most effective for punishment, and later correction of the person.

scholarly journals On the concept of international standards of public-private partnership

2021 ◽  
pp. 15-25
Author(s):  
Svetlana Valentinovna Maslova
Keyword(s):  
International Organizations ◽  
Intergovernmental Relations ◽  
Legal Regulation ◽  
Public Private Partnership ◽  
International Standards ◽  
Regulatory Function ◽  
Private Partnership ◽  
Legal Norms ◽  
Cross Border ◽  
Definition Of

The scope of international legal regulation of public-private partnership (PPP) is being expanded due to the extended range of intergovernmental relations and relations involving international organizations of public-private partnership, as well as extension of the scope of international law to cross-border relations regarding PPP. A relatively small number of international conventional rules and legal norms that regulate the relations in the sphere of public-private partnership have not yet been codified in the form of a multilateral international treaty. Gaps in the international legal regulation activate non-formal processes of managing international and cross-border relations in the sphere of public-private partnership with prevalence of the international intergovernmental organizations. The scientific novelty lies in articulation of the problem of formulation and application of the international standards of public-private partnership as the results of such non-formal processes of international rulemaking of international organizations. Using the formal legal and comparative legal methods, generalization and abstraction, the author formulates the definition of international standards of public-private partnership, discloses their content and difference from the international standards in other spheres of international relations, assesses their legal nature, problems and prospects of their formation. It is substantiated that the development of international standards of public-private partnership would be facilitated by establishment of their adoption procedure in the conditions of cooperation of all international organizations that perform a regulatory function in the sphere of public-private partnership.

scholarly journals FATF requirements on regulation of cryptocurrencies: problems of implementation into national legislation

2020 ◽  
pp. 1-19
Author(s):  
Veronika Andreevna Kinsburskaya
Keyword(s):  
Service Providers ◽  
Task Force ◽  
Legal Regulation ◽  
International Standards ◽  
Financial Assets ◽  
Federal Law ◽  
National Legislation ◽  
Explanatory Note ◽  
Financing Of Terrorism ◽  
Financial Monitoring

The object of this research is the international standards AML/CFT (Anti-Money Laundering/Combating the Financing of Terrorism) for the sphere of virtual assets (cryptocurrencies) developed by FATF (Financial Action Task Force), and possibilities of their effective implementation into the national legislation. The author examines new revision of the Recommendation 15 and Glossary (of October 2018), explanatory note to new revision of the Recommendation 15, and implementation guidance of the risk-oriented approach towards virtual assets and service providers in the sphere of virtual assets (of June 2019); considers provisions of the Federal Law of July 31, 2020 No.259-FZ “On Digital Financial Assets, Digital Currency, and Amendments to Certain Legislative Acts of the Russian Federation” becoming effective in January 2021. Based on the analysis of most recent international and Russian acts on the questions of legal regulation of cryptocurrencies turnover, the need is underlined for introducing amendments to the Russian legislation with regards to exercising financial monitoring of transactions with cryptocurrencies in Russia. The author indicates certain fundamental aspects related to collection and validation of personally identifying information on the holders of cryptocurrency and tracing of their transactions.

scholarly journals LEGAL REGULATION FOR THE RESTRICTION ON PROPERTY RIGHTS TO WORKS IN UKRAINE

2020 ◽  
pp. 5-8
Author(s):  
Yu. Akulov
Keyword(s):  
Property Rights ◽  
Legal Regulation ◽  
International Agreements ◽  
International Experience ◽  
Step Test ◽  
International Treaties ◽  
Berne Convention ◽  
Intellectual Activity ◽  
National Legislation ◽  
European Regulatory

The article analyzes some issues and peculiarities of the legal regulation for the restriction on the author's property rights to works in Ukraine through the lens of European and international approaches. The author analyzes the legislation of Ukraine, international and European regulatory sources, directly investigates the completeness of the legal regulation of the lawful free use of the author's work and the restriction of his/her property rights to the work (as a consequence of his/her intellectual activity). The article examines the existing international treaties, ratified by the Verkhovna Rada of Ukraine, and which are recognized as a part of the national legislation of Ukraine. It also analyzes codified and other legal acts adopted to implement the provisions of the Constitution and international agreements in order to determine the peculiarities of legislative regulation and consistency of terminology in the sphere of restriction of the author's property rights to works in Ukraine. As a result of the research, the author has highlighted the main inaccuracies and gaps in the legal regulation for the restriction on property rights to works and the free use of works as a copyright object. Namely, it is traced that in Ukrainian legislation there is a certain inconsistency between the provisions of the Law of Ukraine "On Copyright and Related Rights" and the provisions of the Civil Code of Ukraine, which use identically in meaning the concepts of "free use of works", "restriction of property rights", "exceptions and restrictions on property rights", "the lawful use of a work without the author's consent", which is not in line with international experience. The author concludes on the full implementation of the provisions of the Berne Convention on the three-stage test in national regulations and further improvement of the legislation in order to avoid disagreements with the European legislation in the investigated subject, which should be implemented in the Ukrainian legislation. Keywords: property rights to works, restriction on author's rights to works, free use of works, cases of free use of works, a three-step test, international treaties governing the restriction on property rights to works in Ukraine.

scholarly journals International Experience of Organization and Activities of Forensic Expert Institutions

2020 ◽  
Vol 91 (4) ◽  
pp. 235-244
Author(s):  
V. V. Chumak
Keyword(s):  
United Kingdom ◽  
The Netherlands ◽  
Legal Status ◽  
Legal Regulation ◽  
International Experience ◽  
International Standards ◽  
Level Of Functioning ◽  
The United Kingdom ◽  
Forensic Institutions ◽  
Further Development

The author of the article studies international experience of the organization and activities of forensic institutions on the example of such countries as Germany, France, the Netherlands, Czech Republic and the United Kingdom. The legislative features of the functioning of forensic institutions and the regulation of the legal status of experts are noted. It is determined that regardless of the departmental subordination of forensic institutions, their activities are based on international standards. The author has identified a scientific novelty, which consists in the further development of the provisions obtained by scientists and scholars on the organizational structure and practical activities of forensic institutions both in Ukraine and abroad, as well as the formulation of new conceptual provisions, conclusions and propositions for improving regulation of forensic activity in Ukraine. The author of the article proves that the organization and activities of forensic institutions in France are based on national and international law regulating the specifics of forensic examinations and the legal status of the expert. The author concludes that forensic activities in Germany, France, Spain, the Netherlands and the United Kingdom are carried out effectively, and its legal regulation takes place without violation of human rights and freedoms in compliance with international rules and standards. Their legislation, which addresses the organization and operation of forensic institutions, is aimed at respecting the rights and freedoms of a man and citizen, protection of the rights and interests of forensic experts. The author of the article defines that the implementation of international norms and standards of organization and activity of forensic institutions brings expert institutions to a new level of functioning. This makes it possible to create an effective mechanism for the management and operation of forensic institutions and experts, which will determine the high requirements for forensic examination, increase the professional level and efficiency of employees of expert institutions, which can meet the needs of modern justice.

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