Status autonomiczny oraz ustrój samorządu Wysp Alandzkich

2021 ◽  
pp. 364-374
Author(s):  
Viktoria Serzhanova

The autonomous status of the Åland Islands and the system of its self-government against Finland’s territorial and administrative structure constitute a fascinating research area in the field of constitutional law and political systems. Such research makes it possible to determine which principles of the system of the division into territorial units possessing autonomous status within the territorial structure of the state and its self-government should be introduced at the legal, constitutional and statutory level in order to ensure the population inhabiting it with a sufficient level of separateness and independence, protection of fundamental rights and freedoms, and at the same time guarantee the territorial integrity of the state. The study also makes it possible to determine which legal mechanisms and instruments of the organization and functioning of autonomous regions, distinguished by some specific feature, need to be applied in order for the system of such a unit to be effective in the performance of public tasks of their own and those commissioned by state authorities by self-government bodies of this region and to enable the self-government of the region serving its citizens at its best. In the case of Finland, it is of great importance for the protection of fundamental human and civil rights and freedoms, especially for ethnically and culturally separate social groups. The aim of this study is the legal analysis of the autonomous status and the local government system of the Åland Islands, applied and currently functioning in Finland, and its subject is an exegesis of the norms concerning the subject matter under the study, contained in the Fundamental Law of 1999 being in force in Finland and the relevant statutory regulations, as well as practices of the functioning of this region within the state from the perspective of its division into other basic units and the system of local government.

Author(s):  
Valeriia Riadinska ◽  
◽  
Liudmyla Rudenko ◽  

Using of advantages, benefits, services as a gift item in the sphere of anti-corruption legislation of Ukraine investigated in the article. The article investigates the use of advantages, privileges, services as a gift subject in the sphere of anti-corruption legislation of Ukraine. Based on the analysis of the concepts of "advantage", " benefit", "service" it has been determined that there are no definitions of " advantages" or " benefits" in the national legislation. It is justified that advantages, as special privileges that create additional opportunities for individuals who favorably distinguish them from others; providing a person with a priority right to exercise the rights granted to him/her or meeting the needs may be the subject of a gift. Advantages could be provided through guarantees, benefits and the like. Attention is focused on the fact that benefits, such as advantages, supplementary rights, partial exemption from the established rules, duties or facilitating the conditions of their fulfillment provided to certain categories of persons are also considered as gifts. The service, as activity of the executor on rendering (transfer) of material or intangible goods to the consumer determined by the agreement, is carried out on individual order of the consumer for satisfying his personal needs, determined by the Law of Ukraine from 12.05.1991 No. 1023-XII "On protection of consumers' rights" and the Civil Code of Ukraine. It has been summed up, that the subject of a gift may include: advantages – special privileges that create additional opportunities for individuals who favorably distinguish them from others; providing individuals with a priority right to exercise the rights granted to them or meet their needs (advantages may be in the form of guarantees, privileges, etc.); benefits – advantages, additional rights, partial exemption from compliance with the established rules, obligations or facilitation of the conditions of their compliance, provided to certain categories of persons and so on; services – activity of the performing agency to provide (transfer) to the consumer a tangible or intangible benefit defined in the contract, is carried out on individual order of the consumer to meet his personal requirements. Considering that in case special entities receive advantages, benefits and services in connection with carrying out by such subjects of activity connected with performance of functions of the state or local government or from subordinated subjects can be considered as reception of gifts and serve as the basis for bringing such entities to responsibility, the legal analysis of the mentioned above concepts is of defining importance in application of the anticorruption legislation.


2021 ◽  
pp. 128-130
Author(s):  
Ilnara Ramilevna Khabibullina ◽  
Daria Evgenevna Timofeeva ◽  
Anastasiia Dmitrievna Sarantseva

The legal status of Russian citizens abroad not only acts as an object of state activity, but at the same time constitutes the subject of Russian state policy. The Russian state is pursuing a policy of protecting the fundamental rights and freedoms of man and citizen in relation to compatriots, but at the same time, interference of the Russian Federation in the internal affairs of a foreign state is unacceptable. This article discusses issues related to the protection of the rights of citizens of the Russian Federation outside the state, as well as the activities of bodies whose duties include protecting the rights and interests of persons outside the country, and examines the regulatory framework aimed at the implementation of these rights.


2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.


2019 ◽  
Vol 5 (1) ◽  
pp. 214
Author(s):  
Anna Tytko ◽  
Hanna Stepanova

The aim of the article. To analyse the specificities of asset and private interest declaration by public officials and representatives of political power, as well as to suggest the author’s original differentiation of declarations of assets, income, private interests, and gifts. The subject of the study is the procedure for submitting declarations by persons entrusted with functions of the state and local self-government bodies in some countries of Western Europe. Methodology. In the article, the method of deduction and induction enabled to study the features of violating the requirements of financial control through the procedure for submitting a declaration by persons entrusted with functions of the state and local authorities. The methods of deduction and synthesis enabled to define the concept of “asset and interest declaration”, practiced in some countries of Western Europe. A comparative legal analysis enabled to study the procedure for submitting an income and expenditure declaration in some Western European countries, identifying the main types of conflict of interest and income declarations, as well as differentiating persons obliged to submit declarations. The results of the study revealed that the foreign experience of asset declaration is closely intertwined with the private interest declaration. Practical implications. In the study: first, the specificities of foreign declaration practice, according to the subjects of such declaration submission, are outlined; second, the procedures for submitting declarations of income and expenditures, as well as interests, are analysed and compared; third, the author’s perspective on the differentiation of declarations and declarants is substantiated. Relevance/originality. The comparative legal analysis enabled to study the procedure for submitting a declaration of public officials in some countries of Western Europe, empowering to form perspective areas of legislation development in this sphere.


2021 ◽  
Vol 2 (5(69)) ◽  
pp. 4-8
Author(s):  
D. Stoyanova

The subject of our work is modern social technologies for the development of the personnel support system of the state civil service. The purpose of the research is to study the socio-managerial aspect of the introduction of social technologies for the development of the personnel support system of the state civil service in modern Russian conditions. The research methods used were institutional and system methods, methods of political and legal analysis, analysis of statistical materials, and study of documents. The result of the work is an analysis of the features of the introduction of social technologies for the development of the personnel support system of the state civil service in Russia (on the example of the United Russia party).


2020 ◽  
Vol 59 (10) ◽  
pp. 101-104
Author(s):  
Parvana Bayram Babaeva ◽  

The Constitution is the fundamental law not only of the state, but also of society, expressing the will of statehood and the sovereignty of the people. The Constitution establishes the fundamental rights and freedoms of man and citizen, socio-political institutions of power and a system of self-government of the people and acts as a legal basis for the formation and development of civil society. The constitution can be viewed as a micromodel, a legal symbol of society. It is within its borders and on its basis that the mechanism of state power operates, the rights and freedoms of citizens are protected, the directions of social development are determined. The Constitution of the Republic of Azerbaijan is a fundamental legal document establishing sovereignty, independence and supremacy of state power. The Constitution of the Republic of Azerbaijan covers not only the structure of the state, but also non-state spheres - the foundations of the socio-economic structure, the cultural life of society, the rights, freedoms and duties of a person and a citizen. Key words: constitution, right, state, law, society, fundamental law, regulation, human rights and freedoms


2020 ◽  
Vol 8 (1) ◽  
pp. 16-20
Author(s):  
Yury Kharmaev

The article is devoted to the researches analysis held by the scientific community of neighboring states, which are of a practical assistance to foreign citizens while visiting neighboring territories. As the subject of the study, conceptual issues of protecting the fundamental rights and freedoms of foreign citizens in the host country were selected (for example, Russia and Mongolia). Dialectic approach was used when disclosing the research’s general theme, the following methods were used: formal-logical, comparative-legal, sociological. It is well determined that joint science researches made by the science community representatives of bordering states correspond to the requirements of the time and find receptive audience and support by citizens of the neighboring states in the context of rights and fundamental freedoms protection. The aforementioned concept for the first time considers the intersectoral principle of protecting the rights and freedoms of foreign citizens in the host country. The prepared theoretical developments and recommendations in the form of memos, booklets, brochures in different languages reflect the specifics of different industries, such as civil, administrative, constitutional, criminal law, etc.


2021 ◽  
Vol 10 (16) ◽  
pp. e179101622422
Author(s):  
Ana Paula Guimarães ◽  
Maria Manuela Magalhães Silva ◽  
Fernanda Rebelo

It is up to the State to promote appropriate measures to “guarantee fundamental rights and freedoms and the respect for the principles of a democratic law State”, in accordance with Article 9 (b) of the Constitution of the Portuguese Republic. Our objectives were to examine how the Portuguese legislator is attentive to the particularities of being a woman in matters such as hygiene, health, motherhood and parental education during the execution of sentences and we wanted to investigate the mechanisms triggered by the State for protection, as a preventive measure, of women as victims of crimes. We made research, in numerical terms, to know the rate of constituted women accused in criminal proceedings, as well as the number of convicted, from a set of recent and of reference official documentary sources, based on the existing statistical resources. We also made an analysis of the pertinent legislative diplomas, among them, the aforementioned Code of the Execution of Penalties and Freedom Deprivation Measures and the General Regulation of Prison Establishments. The fulfilment of a prison sentence implies vast and varied consequences, from personal to familiar, passing through social and professional consequences, among others. We concluded that compared to the male universe, the number of women accused and convicted is clearly lower. On the other hand, it is women who make up the largest share as victims of certain offenses. According to the 2019 Annual Report, authored by APAV, female victims amounted to 8,394.


Author(s):  
A. N. Golomolzin

The article deals with the issues of scientific validity of the state Antimonopoly policy from the standpoint of philosophy and economic theory of competition. The necessity of harmonious use in the formation and implementation of such a policy of values and philosophy of "living" life, fundamental economic doctrines, new trends and ideas of state regulation of the economy, including the use of legal mechanisms.The author proceeds from the fact that the division of labor is the essence of society. Awareness of this fact makes it possible to overcome contradictions in the interests of the individual and society. It is noted that in the modern industrial world digital transformation blurs the boundaries between international, wholesale and retail markets, online and offline trade. Building a business on the basis of digital platforms, intellectual property rights pools, targeted marketing technologies on the one hand, and the transformation of consumer psychology on the other, create fundamentally new conditions for balancing supply and demand. The digital economy creates qualitatively new opportunities for economic development, but should not turn into a "digital hand of the market". States and companies are able to move beyond "data processing" to "reality processing", which poses a potential threat to the fundamental rights and freedoms of citizens.In this regard, the role of scientific validity of the state Antimonopoly policy in the formation and implementation of errors, which can be too expensive for society, is significantly increasing.


2020 ◽  
Vol 1 (2) ◽  
pp. 99-106
Author(s):  
Zaheer Hussain Soomro ◽  
Amir Ahmed Khuhro ◽  
Safdar Ali

The constitution is the prime document of any state to define the policy to run the country. Even Constitution is divided into kinds and types. Constitution describing the purposes, intentions, standards and goals to shelter the persons and essential civil rights of the public. The Constitution of Pakistan is the guideline for the fundamental rights of people. Before the creation of Pakistan there were Indian Act 1935 and the state was ruled under the governor general, later the new constitution was presented in form of objectives resolution, first time females privileges were incorporated later in the 1956 constitution the independence of the judiciary and civil rights were incorporate, later in 1962 constitution it was assured to confirm the far-reaching marginal privileges later in the constitution of 1973 women rights were included without dissemination on the base of (race, color, sex, caste, religion, dwelling, or place of birth) and ensure the women participation in all domains of ordinary life with shelter government.


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