scholarly journals CONSTITUTIONAL REGULATION OF ENSURING THE RIGHTS OF CONSUMERS OF UKRAINE AND FOREIGN COUNTRIES: COMPARATIVE LEGAL ANALYSIS

2019 ◽  
Keyword(s):  
Legal Analysis ◽  
Foreign Countries

Administrative and legal mechanisms for combating corruption

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Nataliia A. Lytvyn ◽  
Olena V. Artemenko ◽  
Svitlana S. Kovalova ◽  
Maryna P. Kobets ◽  
Elena V. Kashtan (Grygorieva)
Keyword(s):  
Design Methodology ◽  
International Experience ◽  
Legal Regulations ◽  
Positive Experience ◽  
Legal Analysis ◽  
Content Type ◽  
Current State ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
Practical Implications

Purpose The purpose of this paper is to study the administrative and legal mechanisms of combating corruption, namely, to determine the means by which it is possible to develop a positive experience in the fight against corruption. Design/methodology/approach Among the methods used to study the problems of the stated subject, the dialectical, comparative-legal, systems, historical and legal, formal and legal, analysis and synthesis can be distinguished. Findings The authors investigated the experience of foreign countries in combating corruption and suggested implementing international experience in national legislation for the successful fight against corruption. In the course of the study, the current state of legal regulations governing anti-corruption activities was characterised, corruption and the main reasons for committing corruption acts were investigated, the problems that arise in the fight against corruption were identified, the main administrative and legal mechanisms for combating corruption were established and the effectiveness of applying these mechanisms in practice was studied. Practical implications The provisions that are enshrined in this paper are of practical value for individuals whose activities are aimed at fighting corruption, as Ukraine is one of the states where corruption flourishes and where the fight against corruption has not been directly implemented in practice for many years. Originality/value Based on the example of international experience in the fight against corruption, proposals and recommendations for improving administrative and legal mechanisms for combating corruption have been developed.

scholarly journals Systematization of private international law in Ukraine and foreign countries: present state and tendencies

2020 ◽  
Vol 3 ◽  
pp. 122-128
Author(s):  
Mykola Lazarenko
Keyword(s):  
European Union ◽  
Soviet Union ◽  
International Law ◽  
Present State ◽  
Former Soviet Union ◽  
Private International Law ◽  
Legal Analysis ◽  
The European Union ◽  
Foreign Countries

Systematization of private international law in Ukraine and foreign countries: present state and tendencies.The article deals with the comparative legal analysis of the systematization of the statutory provisions of private international law in the countries of the European Union and some countries of the former Soviet Union. The main arguments regarding different approaches to the systematization of private international law in Ukraine are outlined, as well as the main directions and tendencies of the codification processes of legislation in this area.

scholarly journals Administrative mechanisms for resolving individual labour disputes in foreign countries

2021 ◽  
Vol 118 ◽  
pp. 03011
Author(s):  
Aleksei Vladimirovich Iglin
Keyword(s):  
Dispute Resolution ◽  
Research Methods ◽  
Access To Justice ◽  
Legal Analysis ◽  
Labor Disputes ◽  
Labor Management ◽  
Dialectical Approach ◽  
Legal Method ◽  
Foreign Countries ◽  
Conducting Research

According to international labor standards, the labor-management system covers all public administration bodies responsible for and/or involved in labor-management, whether they are ministerial departments or government agencies, including semipublic, regional, or local agencies, or any other form of decentralized administration, and any institutional framework for coordinating the activities of such bodies and for consultation and participation of employers and employees and their organization. In this regard, dispute resolution mechanisms through administrative departments and agencies, labor inspections, and voluntary compliance are most pronounced. The purpose of the study was to conduct a comprehensive analysis of administrative mechanisms for resolving individual labor disputes in foreign countries; to draw conclusions about the effectiveness, prospects, and legal clarity of coordination of labor disputes. When conducting research the author relies on foreign doctrine, the practice of the subjects involved in labor relations, acts of foreign legislation. Research methods: a dialectical approach to the knowledge of administrative mechanisms, allowing analyzing them in their practical development and functioning in the context of coordination of labor legal relations. The comparative legal method and dialectics determined the choice of specific research methods: comparative and formal-legal. The functions, jurisdiction, and procedures of individual labor dispute resolution mechanisms and labor inspectorates are the subject of comprehensive research because of their effectiveness in protecting workers’ rights. The article provides a detailed comparative legal analysis of the specifics of dispute resolution through administrative departments and agencies, the role of labor inspections/law enforcement, and access to justice for workers in unclear or hidden employment relationships. On the basis of a large array of regulative sources, the author concludes about the importance of administrative mechanisms in the proper enforcement of labor laws abroad.

scholarly journals The Motive Of Crime In Foreign Law: A Comparative Legal Analysis

2019 ◽  
pp. 145-154
Author(s):  
Yu.V. Leka
Keyword(s):  
Legal Status ◽  
State Level ◽  
Minor Element ◽  
Legal Analysis ◽  
Foreign Countries ◽  
European Standards ◽  
Basic Approaches ◽  
A Minor ◽  
Criminal Legislation ◽  
Subjective Side

The article substantiates the need to carry out a comparative legal analysis of Ukrainian and foreign legislation on fixing the motive of the crime and its criminal- legal significance. Comparative analysis of the laws of foreign countries is made taking into account the membership of countries in the legal systems. The research of the legal status of the motive of crime in the legislation of foreign countries was carried out on the basis of consideration of basic acts of criminal legislation approved at the state level by the higher legislative bodies of a state. The analysis of various approaches to determining the motive of the crime based on the works of foreign and domestic scientists. On the basis of consideration of normative legal acts of criminal nature of foreign countries, the main terms, which indicate the motive of the crime are defined. The basic approaches of fixing the motive of crime in the legislation of foreign countries are defined and the ways of improvement of the Ukrainian legislation in this matter are proposed. It has been established that the legislation of some countries clearly traces the role of motive as a circumstance aggravating punishment and as a sign that must be taken into account directly in sentencing. In spite of this, most countries still hold a position of indifference to the motive of the crime, recognizing it as a minor element of the subjective side of the crime. It is established that the position of the Ukrainian legislator on the optionality of the sign of motive among other constituents of the subjective side of the crime and the obligatory sign among the elements of evidence in the criminal process is quite logical and justified. But many aspects related to the motive for the crime must be refined. Ukrainian legislation, including criminal law, become more progressive every year and meets European standards.

Comparative legal analysis of legal status models of state and municipal employee

2021 ◽  
pp. 678-691
Author(s):  
Nataliya E. Sadokhina ◽  
Oleg G. Shadsky
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Analysis ◽  
Municipal Service ◽  
Legal Method ◽  
Municipal Employees ◽  
Foreign Countries ◽  
Domestic Legislation ◽  
The Russian Federation ◽  
Legislative Reforms

The relevance of this study is due to the great importance of the institution of state and municipal service in ensuring the tasks and functions of the state. The legal status of state and municipal employees is being perma-nently reformed. The next stage of reforms is associated with the amend-ments to the Constitution of the Russian Federation made in 2020, which also affected the requirements for persons employed in the public service. In addition, the appearance in the Constitution of the term “public authority”, which includes not only state power, but also local self-government, largely predetermined the unification of requirements for persons employed in state and municipal service. The constitutional changes led to the reform of legislation in this area. We conclude about the importance of comparative legal research for the scientific substantiation of ongoing legislative reforms. The comparative legal method of research allows us to single out the general, special and singular in the development of normative regulation of the legal status of state and municipal employees in various legal families and systems of our time. Based on the analysis carried out, we determine the similarity in the structure of the legal status of state and municipal employees in Russia and foreign countries. At the same time, attention is drawn to the fact that the range of civil service positions in the Russian Federation is narrower than abroad. We forecast the ways of development of domestic legislation in this area.

scholarly journals White Sea Canal: the experience of ensuring transportation safety under the conditions of the first confessional agreements of the Moscovian State of the XVI-XVII centuries

2020 ◽  
pp. 40-52
Author(s):  
Aleksandr Ivanovich Sidorkin
Keyword(s):  
Transportation Safety ◽  
Legal Analysis ◽  
Administrative Monopoly ◽  
Normative Documents ◽  
Foreign Countries ◽  
State Practice ◽  
Sea Transportation ◽  
Archival Documents ◽  
The Subject

The subject of this article is the problems associated with ensuring transportation safety n the Moscovian State of the XVI-XVII centuries. The author examines the conditions and causal links that influenced the choice of certain measures for ensuring transportation safety. Analysis is conducted on the new to the Moscovian State practice of granting administrative monopoly on ensuring transportation safety to meet the interests of the representatives of certain foreign countries and corporations. The factors substantiating the implementation of administrative monopoly are explained. The algorithm for resolving the cases associated with infringement on the security of English transports in the Moscovian State is described. The scientific novelty of this research consists in determination of noncompliance of the goals of ensuring transportation safety that were claimed in the normative documents (Charters of the Russian tsars of the XVI-XVII centuries) with the actual capabilities and practice for its provision. The conclusion is made that the guarantees of the English sea transportation indicated in the charters of Moscovian tsars should be viewed merely as the declaration of good intentions, rather than factual help. The comparative legal analysis of archival documents allows establishing the fact the English kings interpreted charters of the Moscovian tsars on their own behalf, granting the English nationals the rights and privileges in the area of transportation safety.

scholarly journals Constitutional and Legal Foundations of Parliamentary Control in the Republic of South Ossetia

2021 ◽  
Vol 16 (10) ◽  
pp. 191-201
Author(s):  
O. A. Kochieva
Keyword(s):  
Legal Framework ◽  
Legal Analysis ◽  
South Ossetia ◽  
Control Functions ◽  
Legislative Body ◽  
Foreign Countries ◽  
Effective Form ◽  
Legal Foundations ◽  
The Republic ◽  
Active Implementation

Parliamentary control is recognized as the most effective form of influence on government bodies (primarily executive bodies) in the implementation of its main functions by the legislative body. Parliamentary control is of great importance to ensure a balance between the legislative and executive branches of government, as it is one of the main elements of the system of checks and balances. Parliamentary control in the Republic of South Ossetia has its own characteristics and specific features, even taking into account the desire of the South Ossetia legislator to converge national and Russian legislation. The author provides a characteristic of the forms of parliamentary control and mechanisms for the implementation of these forms, based on the legal framework and established practice. A comparative legal analysis of certain forms of parliamentary control with similar ones in the Russian Federation and a number of other foreign countries has been carried out. It is concluded that the absence of a system-forming act in the field of parliamentary control for the highest representative and only legislative body of the Republic of South Ossetia is not an obstacle to the active implementation of its control functions.

scholarly journals Features of contractual regulation of relations in the use of renewable energy sources

2020 ◽  
pp. 174-178
Author(s):  
C. M. Kologermanskaya
Keyword(s):  
Renewable Energy ◽  
Renewable Energy Sources ◽  
Legal Regulation ◽  
Energy Sources ◽  
Legal Analysis ◽  
Legal Research ◽  
Modern Period ◽  
Foreign Countries ◽  
The Russian Federation

The article presents a legal analysis of the features of contractual regulation in the use of renewable energy sources in the Russian Federation and foreign countries. It is noted that in the modern period, the sphere of contractual regulation of relations arising from the use of renewable energy sources remains insufficiently studied, which is why it is necessary to conduct legal research in this area, study the experience of contractual regulation in the field of electricity abroad. For the purposes of developing legal regulation, the author proposes a conditional classification of contracts on various grounds.

scholarly journals STATE SERVICE OF RUSSIA AND FOREIGN COUNTRIES: COMPARATIVE LEGAL ANALYSIS

2020 ◽  
Vol 10 (4(73)) ◽  
Author(s):  
S.N. Keramova
Keyword(s):  
Russian Federation ◽  
Public Service ◽  
The State ◽  
Federal State ◽  
Legal Analysis ◽  
State Structure ◽  
State Service ◽  
The Public ◽  
Foreign Countries ◽  
The Russian Federation

Article considers the experience of the state structure of the state service of the Russian Federation and foreign countries. The purpose of this article is a comparative legal study of the problems of the Institute of state service in Russia and abroad in several foreign countries: USA, UK, France, Germany. The analysis oflegal regulation of the state service of foreign countries and the Federal state service of the Russian Federation is conditioned by the possibility of improving the legislation of the Russian Federation. The result of the study is the formulation of conclusions and proposals for improving the administrative legislation regulating the structure of the public service of the Russian Federation, using the experience of foreign countries

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