FEATURES OF THE ORGANIZATION OF THE ACTIVITIES OF THE INTERNAL AFFAIRS BODIES IN SOME STATES OF ASIA, LATIN AMERICA AND AFRICA:COMPARATIVE LEGAL ANALYSIS

2021 ◽  
Vol 6 (2) ◽  
pp. 58-65
Author(s):  
Azam Eraliev ◽  
Keyword(s):  
Latin America ◽  
Legal Status ◽  
Legal Analysis ◽  
Current State ◽  
Internal Affairs ◽  
The Republic

The articleanalyzes the genesis and current state of reforms carried out in the system of internal affairs bodies of Asia, Latin America and Africastates, as well as the main points of the transition to a police model. Also, the main directions, legal status, tasksand powers of the internal affairs bodies,the structure of which is systematically analyzed on the basis of the current legislation and proposals for the transition to the police model of the internal affairs bodies in the Republic of Uzbekistan have been developed

scholarly journals Activities of the Ministry of Internal Affairs of the Ukrainian SSR on Combating Economic Crime in the Middle of 1950s

2021 ◽  
Vol 81 (2) ◽  
pp. 13-20
Author(s):  
V. A. Grechenko
Keyword(s):  
Criminal Policy ◽  
Economic Crime ◽  
Practical Significance ◽  
Political Regime ◽  
Historical Period ◽  
Legal Analysis ◽  
Legal Literature ◽  
Archival Documents ◽  
Internal Affairs ◽  
The Republic

The relevance of the research topic is due to theoretical and practical significance of the problems of combating economic crime in modern conditions. In this regard, the issue of the effectiveness of the modernized police in accordance with the new tasks is of great importance. The original experience of combating economic crime was gained in previous years, but especially specific in this case were the 1950s, when there was departure from Stalin’s criminal policy, when the liberalization of the political regime and economic reforms began. In general, the country had a new political and economic situation. Various perpetrators also tried to take advantage of this, so the fight against both criminal and economic crime continued to be relevant in the new conditions. This topic is not enough studied in the historical and legal literature. Economic crime has been studied in the article in the sense that it was exactly in the specified historical period. For the first time in the historical and legal literature we studied the activities of the police to combat economic crime in the middle of 1950s, demonstrated certain achievements and shortcomings in this work, its management by the Ministry of Internal Affairs of the Ukrainian SSR. The historical and legal analysis of the normative acts regulating the work of militia in the specified sphere has been carried out. New archival documents have been introduced into scientific circulation, which made it possible to expand and deepen the scientific understanding of police activities during this period, to give it greater objectivity and reliability. The main attention has been paid to the fight against economic crime by the Ministry of Internal Affairs of the Ukrainian SSR; the author has demonstrated the shortcomings observed by the Ministry in this work, the ways to overcome them. It has been emphasized that the analysis of these phenomena by the staff of the Ministry of Internal Affairs was not always in-depth; there were repetitions and superficial judgments. The data characterizing the state of economic crime in the Republic in 1954-1955 has been provided.

scholarly journals On the organization of the work of regional offices of the Ministry of Internal Affairs of Russia and the Federal National Guard Troops Service connected with the collection of illegal guns, ammunition and other types of weapons from the public

2020 ◽  
pp. 40-51
Author(s):  
Vadim Igorevich Surgutskov ◽  
Ol'ga Sergeevna Goman
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
National Guard ◽  
Legal Regulation ◽  
Gun Control ◽  
Legal Analysis ◽  
Current State ◽  
The Social ◽  
General Scientific ◽  
Internal Affairs

The research object is the social relations in the sphere of gun control. The research subject is the federal legislation, regional laws and departmental regulations formalizing the jurisdiction of the Ministry of Internal Affairs and the National Guard Troops Service to collect illegal guns from the population on a remuneration basis. The purpose of the research is, based on the analysis of laws and law enforcement practice, to develop suggestions and recommendations aimed at the improvement of organization of the collection of illegal arms from the population on a remuneration basis. The research methodology is based on general scientific and specific research methods, such as the axiomatic, hypothetico-deductive, comparative-legal, historical-legal, system-structural, formal-logical, statistical and sociological methods. The authors consider the problems and carry out the critical analysis of the current state of the Russian legislation regulating the actions of law-enforcement (police) bodies aimed at the collection of illegal arms from the population on a remuneration basis. The authors carry out the historical and comparative-legal analysis of such activities in Russia and abroad; analyze regional laws aimed at the harmonization of social relations in the sphere under consideration; formulate the suggestions about the improvement of legal regulation of the collection of illegal guns from the population on a remuneration basis. The scientific novelty of the research consists in the fact that it is one of the first works published in the recent years offering the solution to legal and organizational problems faced by the Ministry of Internal Affairs and the National Guard Troops Service during the collection of illegal arms, guns and other weapons from the population.   

scholarly journals Prospects for settlement of the legal status of cryptocurrency in Ukraine

2021 ◽  
pp. 152-157
Author(s):  
V.M. Lohoyda
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Legal Regulation ◽  
Securities Market ◽  
Intangible Asset ◽  
Legal Analysis ◽  
Electronic Money ◽  
Current State ◽  
Legal Nature ◽  
The One

The article is devoted to the current state and prospects of further legislative regulation in Ukraine of the legal status of cryptocurrency (cryptoassets), primarily in terms of the need to clearly define its place in the system of objects of civil rights. The author emphasizes on the current uncertainty at the national and international level about the legal nature of cryptocurrency that causes gaps in the legal regulation of this phenomenon, which on the one hand allows its free and accelerated development, but on the other - creates significant legal risks for participants of the relevant legal relationships. Based on the comparative legal analysis of the approaches of different countries to the qualification of the legal essence of cryptocurrency, as well as the analysis of the Laws of Ukraine "On Prevention of Corruption", "On Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime, Financing  Terrorism and Financing Spread of the Weapon of Mass Destruction”, the draft Law of Ukraine“ On Virtual Assets ”№3637 of 11.06.2020 adopted as a basis and prepared for the second reading by the Parliament and opinions of national regulators of financial market and securities market the author considers as a debatable approach of Ukrainian authorities to regulation circulation of virtual assets and, in particular, such their type as a cryptocurrency, as an intangible asset (other intangible goods). There is a contradiction of such a qualification in terms of traditional features of intangible assets (pronounced personal nature, the impossibility of the existence of such goods in isolation from the subject of law without his consent, lack of property and economic content) and the economic purpose of cryptocurrency as a mean of payment. In this regard, the author concludes that there should be an expediency of classifying this object of civil rights as a special (private) form of money, for which he proposes to carry out a more detailed civil law classification with a division into fiat (cash, non-cash, digital) and private (cryptocurrencies and electronic money).

scholarly journals THE LEGAL STATUS OF A LAWYER IN THE RUSSIAN FEDERATION AND THE REPUBLIC OF KOREA: COMPARATIVE-LEGAL ANALYSIS

2020 ◽  
Vol 24 (2) ◽  
pp. 353-388
Author(s):  
Denis A. Dobryakov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
A Priori ◽  
Practical Experience ◽  
Republic Of Korea ◽  
Legal Analysis ◽  
Legal Advice ◽  
The Status ◽  
The Russian Federation ◽  
The Republic

Corporations of attorneys-at-law (in Russian this term is a synonym to advocate and similar to lawyer; it means a legal professional who passed qualification exam and obtained special status of a lawyer) in the Russian Federation and the Republic of Korea passed complicated historical way and now have many common and even universal features, though circumstances of their forming were completely different. In both Russia and Korea lawyers are members of one of the most significant civil society institutions, which protect rights of their citizens, seeking legal advice or receiving such advice by other means (for example, when a lawyer was designated by investigator in the Russian Federation). Attorneys-at-law face challenges in their qualification and practical experience. Candidates for the status must pass a special test (the qualification exam), but there are some exceptions. One of the important differences is Korean law on the bar and lawyer activities regulated by the Russian legislation. If in Russia every candidate for lawyer's status must pass qualification exam without any exceptions in terms of experience and previous employment, in the Republic of Korea former prosecutors and judges have privileged position and are exempted from the examination as appropriate level of their qualification is presumed. At the same time, in the Russian Federation a candidate for lawyer's status is a priori jurist what means that he must have higher education in the field of law, while in the Republic of Korea access to the attorneys corporation in open to everyone regardless of the level and profile of education. However, non-jurist candidates must pass a bar exam. This article provides a comparativelegal analysis of the development and modern regulation of the legal status of a lawyer in the legislation of the Russian Federation and the Republic of Korea, examines both the differences of the legislation of the named countries, as well as common features. Besides this study is one of the first in the Russian legal science with reference to the Korean bar.

scholarly journals ФИНАНСОВАЯ ПОДДЕРЖКА СЕЛЬСКОГО ХОЗЯЙСТВА НА РЕГИОНАЛЬНОМ УРОВНЕ (НА МАТЕРИАЛАХ ПАВЛОДАРСКОЙ ОБЛАСТИ)

2021 ◽  
Author(s):  
S. Nurgaliyeva ◽  
S. Kaidarova ◽  
А. Mukhamejanova ◽  
С.Ж. Нургалиева ◽  
С.Е. Кайдарова ◽  
...  
Keyword(s):  
Agricultural Production ◽  
Financial Support ◽  
Legal Status ◽  
State Regulation ◽  
State Support ◽  
Agricultural Producers ◽  
Current State ◽  
Strategic Goals ◽  
The Republic ◽  
Definition Of

The article examines the system of state regulation of agriculture in the Republic of Kazakhstan, state regulation of agricultural relations is carried out, first of all, through the publication of laws and other normative acts that determine the legal status of agricultural producers, their rights and obligations in land, property tax, labor, financial and credit and other ways. The article assesses the current state of the structure of budgetary funds allocated for the development of agriculture over a number of years, an analysis of financial support for agriculture in the Pavlodar region, which showed that in Kazakhstan, mainly monetary and financial support instruments dominate. Conclusions and recommendations for financial support of agriculture are formulated. The authors of the article proposed strategic goals for the development of agricultural production in Pavlodar region, the achievement of which is inextricably linked with the definition of priorities for the development of agricultural production in the region, taking into account the peculiarities of the natural and climatic zones of the Pavlodar region. Improving the system of state support for agricultural production also requires improving non-financial methods to stimulate the development of agricultural production. In order to increase the efficiency of state support, the authors propose to improve the subsidy system. В статье рассмотрена система государственного регулирования сельского хозяйства в РК, государственное регулирование аграрных отношений осуществляется, прежде всего, путем издания законов и других нормативных актов, определяющих правовой статус сельскохозяйственных товаропроизводителей, их права и обязанности в земельных, трудовых, финансово-кредитных и других отношениях. В статье проведена оценка современного состояния структурыбюджетных средств, выделяемых на развитие сельского хозяйства за ряд лет, анализ финансовой поддержки сельского хозяйства в Павлодарской области, который показал, что в Казахстане доминируют в основном денежные и финансовые инструменты поддержки. Сформулированы выводы и рекомендации для финансовой поддержки сельского хозяйства. Авторами статьи предложены стратегические цели развития сельскохозяйственного производства Павлодарской области, достижение которых, неразрывно связано с определением приоритетов развития сельскохозяйственного производства области с учетом особенностей природно-климатических зон Павлодарской области. Совершенствование системы государственной поддержки сельскохозяйственного производства также требует совершенствования нефинансовых методов стимулирования развития сельскохозяйственного производства. С целью повышения эффективности государственной поддержки авторы предлагают совершенствовать систему субсидирования.

Some Issues of Ensuring of Procedural Guarantees of Participants of the Criminal Process of the Republic of Uzbekistan

2019 ◽  
Vol 8 (4) ◽  
pp. 9457-9460
Keyword(s):  
Legal Status ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
National Legislation ◽  
Foreign Countries ◽  
The Republic ◽  
Status Analysis

The issues of ensuring the rights and guarantees of such participants in the criminal process as the suspect and the accused are relevant for research at all times. Guarantees are the means in accordance with which the execution of the purpose of criminal proceedings is ensured. In order to further expand the guarantees of such participants as the suspect and the accused, the article analyzes the concept and significance of the procedural guarantees of the participants in the criminal process, in particular the suspect and the accused; their legal status; analysis of the rights and guarantees of the data of participants in the criminal process. The article applies the methodology of comparative legal analysis. In particular, the norms of national legislation are analyzed, as well as the norms of foreign countries on these issues (Russia, Kazakhstan and Germany). Based on the results of the analysis, proposals were developed to improve the guarantees of the rights and freedoms of suspected and accused persons in the criminal proceedings of the country. These proposals can be used to make amendments and additions to the criminal procedure legislation of the country.

ACTUALITY OF THE SIMPLE PARTNERSHIP AS A FORM OF CARRYING OUT JOINT ENTREPRENEURIAL ACTIVITY IN THE REPUBLIC OF UZBEKISTAN

2021 ◽  
Vol 6 (4) ◽  
pp. 33-40
Author(s):  
Shakhnoza Erkabaeva ◽  
Keyword(s):  
Legal Status ◽  
Entrepreneurial Activity ◽  
Legal Analysis ◽  
Legal Basis ◽  
The United Kingdom ◽  
The Us ◽  
The Usa ◽  
The Republic ◽  
The Uk ◽  
Limited Partnerships

This article carefully analyzes the actual problems related to attracting investment and optimal ways of carrying out entrepreneurial activity. Moreover, the article presents the ground of ineffectiveness of the legal basis of simple partnership as well as the comparative-legal analysis of limited partnerships according to thelegislation of the United Kingdom and the USA. Furthermore, this article contains proposals for reforming the legal status of a simple partnership based on the experience of the UK and the US in regulating limited partnerships

The Importance of the Classification of Securities for Determining their Legal Status under the Legislation of the Republic of Kazakhstan

2020 ◽  
Vol 3 (57) ◽  
Author(s):  
Lola Tatarinova
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Point Of View ◽  
Securities Market ◽  
Legal Analysis ◽  
National Legislation ◽  
The Republic ◽  
Legal Security ◽  
Market Relations

Legal regulation of the international financial system in General and the securities market in particular is a problem that has a certain degree of importance and timeliness due to its determining influence on the world economy. Therefore, the analysis of existing approaches to the classification of securities, which is the subject of this article, is an important component of the Institute of legal security of securities. In this article, the author attempted to analyze the number of financial instruments that are recognized as securities in accordance with the current civil legislation of the Republic of Kazakhstan. Given their considerable number, the question of their classification arises. To achieve the goals of the study, the author widely used comparative legal analysis, which allowed us to identify the main differences and characteristics inherent in certain securities, according to the legislation of Kazakhstan. The analysis carried out in this article is aimed at identifying the main classification features of securities, on the basis of which their legal status is determined under the national legislation of the Republic of Kazakhstan. The main conclusions are concentrated on the table, the data of which are confirmed by both doctrinal sources and normative-legal ones. A comprehensive study of the classification of securities will make it possible to better understand the main directions for determining the legal status of a particular security, which will solve many contradictions of modern legal regulation, which is characterized by incompleteness and the presence of extensive "gray" zones. Also, the conclusion on the classification of securities from the point of view of the national legislation of the Republic of Kazakhstan will allow for comprehensive legal regulation of the needs of participants in civil turnover. The novelty is determined by the fact that the data obtained as a result of the study can give an impetus to the further development of market relations in the country by restoring a number of forgotten legal instruments used in the securities market.

The Legal Status of Local Government in South Africa under the New Constitutional Dispensation

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Mbuzeni Mathenjwa
Keyword(s):  
South Africa ◽  
Local Government ◽  
Legal Status ◽  
Case Law ◽  
The Status ◽  
History Of ◽  
The Republic ◽  
First Time

The history of local government in South Africa dates back to a time during the formation of the Union of South Africa in 1910. With regard to the status of local government, the Union of South Africa Act placed local government under the jurisdiction of the provinces. The status of local government was not changed by the formation of the Republic of South Africa in 1961 because local government was placed under the further jurisdiction of the provinces. Local government was enshrined in the Constitution of the Republic of South Africa arguably for the first time in 1993. Under the interim Constitution local government was rendered autonomous and empowered to regulate its affairs. Local government was further enshrined in the final Constitution of 1996, which commenced on 4 February 1997. The Constitution refers to local government together with the national and provincial governments as spheres of government which are distinctive, interdependent and interrelated. This article discusses the autonomy of local government under the 1996 Constitution. This it does by analysing case law on the evolution of the status of local government. The discussion on the powers and functions of local government explains the scheme by which government powers are allocated, where the 1996 Constitution distributes powers to the different spheres of government. Finally, a conclusion is drawn on the legal status of local government within the new constitutional dispensation.

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