INTERNATIONAL AGREEMENTS AS SOURCES OF CIVIL LAW OF UKRAINE

2017 ◽  
Author(s):  
Iryna Horodetska ◽  
Keyword(s):  
Public Relations ◽  
Civil Law ◽  
Scientific Work ◽  
Legal Regulation ◽  
International Treaties ◽  
International Treaty ◽  
Legal Nature ◽  
Conceptual Study ◽  
The Relationship

The article is devoted to the features and functional purpose of such sources of civil law of Ukraine as international treaties. Based on the analysis of the theory of civil law, scientific approaches to understanding of the concept and system of sources of civil law, the relationship between the concepts of "international legal act" and "international treaty" are studied. The scientific work considers the characteristics and features of international treaties as sources of civil law of Ukraine, their role in the regulation of civil relations and their place in the system of national law. It is concluded that the current transformational changes that take place in Ukrainian society are inextricably linked with European integration processes and the need to bring the components of the legal system of Ukraine in line with the principles, norms and standards of European law. Objective strengthening of the role of international treaties in the settlement of not only international but also domestic civil relations necessitates a thorough conceptual study of the legal nature of international treaties, their place in the system of regulations of Ukraine and the relationship with civil law, which in its turn is an extremely important and, at the same time, difficult task. In this regard, it is quite logical to intensify the scientific discourse concerning the place of international treaties in the system of national law in different states. At the same time, while not denying the certainly important role played by international treaties in the settlement of civil legal (private) relations, we emphasize that the key to the effective functioning of the mechanism of legal regulation of public relations in this area is the need to achieve balance at interpenetration and interplay of principles and norms of domestic and international law as interdependent systems.

scholarly journals The Doctrine’s Role in the Field of Legal Regulation of Public Relations: Problems and Prospects

2019 ◽  
Vol 12 (5) ◽  
pp. 42
Author(s):  
Adel Abdullin ◽  
Ainur Gilmullin
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
International Treaties ◽  
Legal Doctrine ◽  
International Court Of Justice ◽  
International Court ◽  
The Right ◽  
Advisory Opinions ◽  
Domestic Law

The paper contains a comprehensive analysis of the legal doctrine’s role in the field of legal regulation of public relations arising in modern public law practice. The theoretical and legal features of the legal doctrine are revealed. In particular, conclusions are drawn confirming the arguments that the legal doctrine allows building clear guidelines for the practice of lawmaking, enforcement of the right, and especially law enforcement and that the doctrine acts as a scientifically based criterion for the legitimacy, rationality, and effectiveness of states. Special attention is paid to the historical aspects of the legal doctrine development which have significance and influence on the formation and development of international and domestic law. Particular attention of the authors of the paper is drawn to the place and role of legal doctrine in international legal practice. The paper notes that the legal doctrine manifestation in the activities of modern states can be observed in such functions as prognostic, evaluation, regulatory, methodological, world outlook and ideological function. In addition, it is noted that the doctrine plays an important role in the activities of the UN International Court of Justice, where the doctrines of the most qualified specialists are often used in making decisions and drawing up advisory opinions; in the development of international treaties at international conferences and in international organizations, etc. Specific examples of the legal doctrine manifestations in the activities of the ECHR are given.

Part IV International Treaties, 21 New York Convention

2019 ◽  
Author(s):  
Haas Ulrich ◽  
Kahlert Heiner
Keyword(s):  
New York ◽  
International Treaties ◽  
Future Prospects ◽  
Commercial Arbitration ◽  
Legal Nature ◽  
Recognition And Enforcement ◽  
New York Convention ◽  
Relationship Of ◽  
The Relationship

This chapter focuses on the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention or NYC), the most important convention on international commercial arbitration. It first provides an overview of the content and role of the NYC before discussing its history and its future prospects. It then considers the legal nature of (international) arbitration and how the provisions in the NYC are to be interpreted. It also offers a commentary on Articles I–VII of the NYC, which cover topics such as the prerequisites for recognition and enforcement of arbitral awards, obligation to recognize and enforce foreign arbitral awards, settlements in arbitration proceedings, recognition of arbitration agreements and the requirements as to their form, grounds for refusal of recognition, and enforcement of an arbitral award, and the relationship of the NYC to international and national regulations on the recognition and enforcement of arbitral awards.

Natural resource and post-resource relations: the hierarchy of branches and the ratio of subjects

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Deineha Maryna ◽  
◽  
Marinich Volodymyr ◽  
Keyword(s):  
Public Relations ◽  
Natural Resources ◽  
Natural Resource ◽  
Social Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Human Needs ◽  
Forest Law ◽  
Environmentally Sound ◽  
The Relationship

The article examines the place of Natural Resource Law and post-resource branches of law in the legal system, proposes a hierarchy of these branches and outlines the relationship between the subjects of natural resource and post-resource relations. The subject of legal regulation of Natural Resource Law is defined as qualitatively homogeneous natural resource relations, consisting of the use and reproduction of natural resources – a legally defined part of the environment that have signs of natural origin and are in ecological relationship with the environment and with each other, can be used as a source of meeting human needs. All natural resources, as well as the relationship to their use and reproduction, are closely linked. This connection will always be inseparable and reciprocal. It is established that in the system of Natural Resource Law public relations regarding the use and reproduction of certain natural resources are in fact its subsectors and provide a differentiated approach to the environmentally sound use of each of the relevant natural resources. Natural Resource Law is not a conglomeration of land, water, forest and subsoil law, but their qualitative unity based on a single nature, factors of development and the internal structure of social relations. It is concluded that neither the long history of legislation, nor a significant amount of regulations that are sources of post-resource industries, are grounds for denying the inseparable and mutual connection of post-resource branches of law with each other and with Natural Resource Law and the objective need for separation independent branch of Natural Resource Law. Keywords: Natural Resource Law, land law, water law, forest law, subsoil law, faunal law, floristic law, natural resource relations, post-resource relations, legal system, branch of law

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

scholarly journals Legal regulation of lawyers’ activities according to Justinian’s Digests

2021 ◽  
pp. 67-77
Author(s):  
S. Yu. Makarov
Keyword(s):  
Roman Empire ◽  
Public Relations ◽  
Justice System ◽  
Legal Regulation ◽  
Legal Study ◽  
Corporate Organization ◽  
The Relationship ◽  
Administrative Justice

The article examines the normative regulation of the lawyers’ activities in accordance with the Digests as part of the Codifi cation carried out during the reign and under the leadership of Emperor Justinian the Great. This study is the continuing research on legal regulation activities of lawyers in accordance with the norms of the Code as the main legislative part of the Codifi cation, taking into account that that the legal regulation of public relations by norms of Digests was subsidiary to the regulation of their norms of the Code, but, nevertheless, the norms of Digests had an independent legal signifi cance. It outlines the main aspects, the regulation of which is contained in the Digests — the grounds and measures of disciplinary responsibility of lawyers, misdemeanors for which lawyers were subject to responsibility, grounds for appointing lawyers at the initiative of the court, issues of fee practice — and the norms regulating these aspects. All these issues are discussed in details in the context of the relationship between the advocacy and administrative justice system of the Roman Empire that had a signifi cant importance, since the bar, without having an independent corporate organization, was subordinate to the offi cials, governed administrative-territorial units Empires of various levels. At the same time, the importance of the rules under consideration is emphasized, which represent the opinions of lawyers that have received the force of law and provide an opportunity for conducting a comparative legal study of the problems of the advocacy.

scholarly journals Legal nature of the requirements of the banking legislation of Ukraine to ensure credit operations of banks

2021 ◽  
pp. 297-305
Author(s):  
Anatoliy Babaskin
Keyword(s):  
Credit Card ◽  
Civil Law ◽  
Legal Regulation ◽  
Functional Method ◽  
Point Of View ◽  
The European Union ◽  
Scientific Publications ◽  
Economic Point ◽  
Legal Nature ◽  
The Right

Іintroduction. Despite the fact that a significant number of scientific publications by well-known Ukrainian authors are devoted to the issues of legal regulation of credit obligations, at the same time separate studies of banking legislation requirements on "acceptability of collateral" have not been conducted in Ukrainian civil science in recent years. This, taking into account the gradual alignment of banking legislation of Ukraine with the standards of Basel III, and Directive 2002/47 / EC of the European Parliament and of the Council of 6 June 2002 on financial collateral mechanisms, necessitates such scientific research. The aim of the article. On the basis of the analysis of the legislation of Ukraine, the legislation of the European Union, scientific advances in the sphere of civil law and banking legislation, in the context of the analysis of the banking legislation of Ukraine, it is safe for creditors. In order to achieve this goal: 1. Conduct an analysis of civil and legal species for the protection of crops for the subject of іх possible delivery to “acceptable safety” and vrahuvannya banks when opening a credit card. 2. Significantly "quasi-security", as viewed by the banking legislation in the form of "acceptable security" for credit cards. 3. Zdіysniti analysis of the approaches to the legislation of the EU in the field of protection from credit denominations. Results. The methodological basis of the study is general scientific and special legal methods of scientific knowledge. In particular, the dialectical method, the method of analysis and synthesis, the comparative law method, the functional method, the modeling method, etc. Conclusions. First, the banking legislation does not consider as "acceptable collateral" such types of collateral as penalty, surety, deposit, retention. Secondly, the banking legislation considers as "acceptable collateral" not only those specified in Part 1 of Art. 546 of the Civil Code of Ukraine types of security for performance of obligations (pledge, right of trust ownership, guarantee), and other types of security for performance of obligations provided by law or contract (reserve letter of credit, performing the function of financial guarantee, guarantees of public entities, guarantee payment), but also contractual constructions which do not concern types of maintenance of performance of obligations (repo agreements). Thus, the banking legislation considers collateral in credit operations from the economic point of view, according to which "acceptable collateral" is only such liquid collateral that guarantees the rapid recovery of the property of the creditor bank, which suffered damage due to default or improper performance of the counterparty loan obligation, as well as "quasi-collateral", if such is referred by banking legislation to "acceptable collateral". Third, the existence of rules in the banking legislation on the acceptability of collateral in no way affects the right of banks to use any type of collateral provided by law or contract, if the application of such is possible in credit relations, taking into account the legal nature of the relevant types. software. Fourth, the set of regulations of the National Bank of Ukraine on the acceptability of collateral can be considered as an institution of banking law, which includes as rules of civil law governing the types of collateral, other rules of contract law governing other "quasi-collateral" contractual constructions, as well as public-law special norms of banking legislation, which establish additional regulatory requirements for banks to ensure credit operations and calculate credit risk.

scholarly journals Peculiarities of Civil Law Status of Customs Intermediary under the Legislation of Ukraine and the EU

2020 ◽  
pp. 226-233
Author(s):  
Dmytro SHUTIAK
Keyword(s):  
Public Relations ◽  
Economic Activity ◽  
National Level ◽  
Civil Law ◽  
Legal Regulation ◽  
Third Party ◽  
Related Services ◽  
Legal Relationship ◽  
Provision Of Services ◽  
The Eu

The article explores the features of civil law regulation of customs mediation under the legislation of Ukraine and the EU. The author identifies the characteristics that distinguish customs mediation from similar institutions in other areas of management. The author substantiates the position that the legal relationship established between customs authorities and participants of foreign economic activity with the participation of a third party is a type of economic binding legal relationship, i.e. the legal relationship for the provision of intermediary services. Within the framework of customs legal relations, contracts of a civil law nature are considered as a specific way of the state's influence on this sphere of public relations. With the participation of customs intermediaries, certain economic and legal relations are established between customs authorities and participants in foreign economic activity. The content of customs intermediary activities should be determined through the provision of services mediated by civil law agreements, representing the interests of foreign economic activity in relations with customs authorities, the provision of customs and related services, the implementation of legally significant actions aimed at customs procedures. The analysis of EU legislation in the study area led the author to conclude that at the EU level not only general qualification requirements for customs intermediaries are set, but also principles, values and rules of conduct that encourage customs intermediaries to achieve high standards of professional ethics and proper implementation their responsibilities. Given the specifics of customs mediation in the EU, the author concludes that at EU level it is impossible to unify the standards of customs services, so to date access to the profession of customs agent in each entity, the Member State is subject to national jurisdiction with its requirements for candidates to the level of their skills and knowledge. The author emphasizes that at the national level it is advisable to integrate certain elements of the legal regulation of customs brokerage to ensure competitiveness, provide quality services and overcome gaps in legislation.

Governing International Cooperation in Criminal Matters: The Role of the aut dedere aut judicare Principle

2018 ◽  
Vol 18 (2) ◽  
pp. 244-274 ◽  
Author(s):  
Andrea Caligiuri
Keyword(s):  
International Law ◽  
International Cooperation ◽  
Legal Nature ◽  
The Status ◽  
Criminal Matters ◽  
The Relationship ◽  
Over Time

The aim of the study is to ascertain how the original Grotian formula ‘aut dedere aut punire’ has been implemented and evolved in international law. The first step is to classify the multilateral conventions that have accepted an aut dedere aut judicare clause. The goal is to bring out peculiarities of the different treaty texts, describing the relationship between the two options dedere and judicare, and the different obligations that arise for the contracting states. We will then examine the content of the two options, to define the legal boundaries within which the contracting states shall or may operate. At this point, we will focus on the legal nature of the aut dedere aut judicare principle that over time may have risen to the status of customary rule. The study will conclude with analysis of reactions to the breach of the aut dedere aut judicare clause by non-complying countries.

DIGITAL FINANCIAL TOOLS FOR SOCIALIZING PRIVATE LAW

2021 ◽  
pp. 208-224
Author(s):  
Julia S. Kharitonova ◽  
◽  
Larisa V. Sannikova ◽  
Keyword(s):  
Public Relations ◽  
The United States ◽  
Legal Regulation ◽  
Private Law ◽  
Property Relations ◽  
The World ◽  
The Law ◽  
Private Investors ◽  
The Way

Nowadays, the law is being transformed as a regulator of relations. The idea of strengthe-ning the regulatory role of technologies in the field of streamlining public relations is making much headway in the world. This trend is most pronounced in the area of regulation of private relations. The way of such access to the market as crowdfunding is becoming increasingly widespread. The issuing of the so-called secured tokens is becoming popular for both small businesses and private investors. The trust in new ways of attracting investments is condi-tioned by the applied technology - the use of blockchain as a decentralized transparent data-base management system. Under these conditions, there is such a phenomenon as the democ-ratization of property relations. Every individual receives unlimited opportunities to invest via technologies. Thus, legal scholars all over the world face the question about the role of the law and law in these relations? We believe that we are dealing with such a worldwide trend of regulating public relations as the socialization of the law. Specific examples of issuing tokens in Russia and abroad show the main global trends in the transformation of private law. The platformization of economics leads to the tokenization and democratization of property relations. In this aspect, the aim of lawyers should be to create a comfortable legal environment for the implementation of projects aimed at democratizing property relations in Russia. The socialization of private law is aimed at achieving social jus-tice and is manifested in the creation of mechanisms to protect the rights of the weak party and rules to protect private investors. Globalization requires the study of both Russian and foreign law. To confirm their hypothesis, the authors conducted a detailed analysis of the legislation of Russia, Europe and the United States to identify the norms allowing to see the process of socialization of law in the above field. The generalization of Russian and foreign experience showed that when searching for proper legal regulation, the states elect one of the policies. In some countries, direct regulation of ICOs and related emission relations are being created, in others, it is about the extension of the existing legislation to a new changing tokenization relationship. The European Union countries are seeking to develop common rules to create a regulatory environment to attract investors to the crypto industry and protect them. Asian countries are predominantly developing national legislation in isolation from one another, but most of them are following a unified course to encourage investment in crypto assets while introducing strict rules against fraud on financial markets. The emphasis on the protection of the rights of investors or shareholders, token holders by setting a framework, including private law mechanisms, can be called common to all approaches. This is the aim of private law on the way to social justice.

REVIEW ON THE MONOGRAPH OF OLEKSANDR TORBAS �DISCRETION IN THE CRIMINAL PROCESS OF UKRAINE: THEORETICAL JUSTIFICATION AND PRACTICE OF IMPLEMENTATION�

2020 ◽  
Vol 10 (4) ◽  
pp. 147-150
Author(s):  
Iryna Hloviuk ◽  
Keyword(s):  
Public Relations ◽  
Criminal Procedure ◽  
Scientific Work ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Theoretical Justification ◽  
Criminal Process ◽  
Procedural Law ◽  
Current Period ◽  
Legitimate Interests

Current period of development of the legal system of Ukraine is characterized by variability of legislation that regulates, in particular, organization of judicial system and implementation of criminal proceedings. Unfortunately, criminal procedure legislation is no exception, given how many changes and additions have been made to the Criminal Procedure Code of Ukraine since its entry into force in 2020. Undoubtedly, like any other codified legal act, CPC of Ukraine in modern conditions cannot be unchanged, given the dynamics of public relations, the provisions of international law, decisions of ECtHR and number of attempts to solve identified problems of its application. Difficulties of criminal procedural law enforcement are manifested in such an area as the use of discretion of authorities in criminal proceedings, although without it application of legislation is ineffective. At the same time, lawful discretion in criminal proceedings should not turn into its opposite � arbitrariness, which will already violate rights and legitimate interests of individuals and legal entities. In criminal proceedings, given the imperative method of legal regulation and possibility of various coercive measures, including those related to the restriction of constitutional human rights, this issue is of particular importance, given, inter alia, that prosecution�s discretion applies within non-adversarial procedure, and the CPC of Ukraine does not always provide for the possibility of appealing such decisions in court. The peer-reviewed monograph consists of four chapters, which contain 10 sections. Structuring of the monograph is logical; the author analyse problems of discretion from questions of concept, signs and limits of discretion, and then moves to the characteristic of realization of discretion by judge, prosecutor, investigator, detective. In general, without a doubt, the monograph of Torbas O. O. �Discretion in the criminal process of Ukraine: theoretical justification and practice of implementation� is relevant, complete and fundamental scientific work, has scientific and practical value. Monograph of Torbas O.O. significantly enriches criminal procedure doctrine regarding the subjects of criminal proceedings, criminal procedure decisions and other areas.

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