scholarly journals SWITZERLAND'S INTERNATIONAL LEGAL STATUS AS A PERMANENT NEUTRAL STATE

2021 ◽  
Vol 3 (36(63)) ◽  
pp. 49-55
Author(s):  
Zh. Amanzholov ◽  
A. Satbayeva
Keyword(s):  
Legal Status ◽  
System Analysis ◽  
Evolutionary Process ◽  
European Security ◽  
Important Conclusion ◽  
Neutral State ◽  
Legal Personality ◽  
Legal Nature ◽  
General Scientific ◽  
Legal Understanding

This article presents a system-wide analysis of the Switzerland's legal status as a permanently neutral state. It is especially emphasized that this specific legal personality of the Central European state is considered in international legal science and practice to be more regulated and, therefore, well-established. In determining the relevance of the issue under consideration, an important conclusion can also be drawn that, from the 1990s to the present, Switzerland has been engaged in a certain "evolutionary process" in the political and legal understanding of permanent neutrality as a means of ensuring national and international security. The main objective of the authors is to study the main aspects of the legal nature of this phenomenon through doctrinal views, the current constitution and international legal instruments that recognize and guarantee the permanent neutrality of Switzerland. At the same time, the article notes that the normative content of this special international legal status, observed by the state both in peacetime and during the war, not only arouses great interest among scientists, experts, practitioners, but also requires further comprehensive constructive analysis in the light of the ongoing processes of globalization, integration, and, sometimes, nationalization of the state's approaches to the essence of its obligations. During the development of the topic, authors used such general scientific and special methods of scientific cognition as synthesis, structural and formal-logical methods, as well as modeling and system analysis methods. In the conclusions, the authors emphasize the need for real respect and observance by third States of Switzerland's continuous neutrality, as a significant component in the modern functioning system of pan-European security.

scholarly journals International Legal Subjectivity: Concept and Reality in the UN

2014 ◽  
Vol 4 (1) ◽  
pp. 381
Author(s):  
MSc. Ornela Taci
Keyword(s):  
United Nations ◽  
International Law ◽  
Qualitative Methodology ◽  
Legal Status ◽  
Legal Personality ◽  
Legal Subjectivity ◽  
Un Reform ◽  
Legal Nature ◽  
Open Debate ◽  
International Legal Personality

The article titled “International legal subjectivity: Concept and reality in the UN” the first, identifies debates on subjects of International Law briefly. The identification of debates serves to deal the creation of UNO (United Nations). Then, the article treates a brief historical overview on the functions of the UN since its creation until today to analyze international legal personality and its legal nature opposite functions that are dampened and transnational capabilities, the UN priority today. Also, it gives the reasons why the debate on UN reform should remain open.The aim of this study is to examine from the perspective of a qualitative methodology the characteristics of the legal status of the UN in space and in time to create a model based on Charter and on the real exercise of its functions but not according to denomination. The theories on international legal personality, the distribution of the United Nations and the consequences are not treated for this reason in this study. Also, historical and legal methods are used.The legal status of UNO is a tool to fulfil mission in approach of action of International Law, the challenge of the debate today. UNO was established in 1945 and acts are based on its Charter and international documents. The UN mission has changed today but the International Order is not in danger because the target of the UN is its renewal through reforms. The open debate on reform gives a contribution on evolution of International Law.

scholarly journals The structure and features of the civil status of an individual entrepreneur in modern Russia

2021 ◽  
Vol 7 (3C) ◽  
pp. 424-442
Author(s):  
Dina Viktorovna Alontseva ◽  
Sergey Vladimirovich Vorobyev ◽  
Olga Anatolyevna Lavrishcheva
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Modern Society ◽  
Practical Significance ◽  
Federal Law ◽  
Legal Nature ◽  
Civil Status ◽  
General Scientific ◽  
The Russian Federation ◽  
Made In

Based on the analysis of the modern legislation of the Russian Federation and taking into account the existing scientific concepts, the authors studied in detail the legal nature and identified the features of certain types of legal statuses of an individual entrepreneur, as well as revealed the structure and analyzed in detail the specifics of the civil status of an entrepreneur in modern Russia. As a result of the conducted research, the author's concept of the "civil status of an individual entrepreneur" was formulated and the need for the adoption of the Federal Law "On the legal status of an individual entrepreneur in the Russian Federation" was justified. The practical significance of the work is determined by the fact that the conclusions made in the course of the study can contribute to improving the legal status of entrepreneurs in modern society at the legislative level. The methodological basis of this study was made up of general scientific, private and special methods of cognition.

scholarly journals Ochotnicza straż pożarna jednostką ochrony przeciwpożarowej

Prawo ◽  
2018 ◽  
Vol 326 ◽  
pp. 37-48
Author(s):  
Henryk Nowicki
Keyword(s):  
Fire Safety ◽  
Legal Status ◽  
Fire Department ◽  
Safety System ◽  
Fire Departments ◽  
Fund Management ◽  
Legal Personality ◽  
Public Benefit ◽  
Legal Nature ◽  
Volunteer Fire Departments

Volunteer fire department as a  part of fire safetyThis article presents a  legal status of volunteer fire departments and their role in the fire safety system. It pays particular attention to the fact that the activity in the field of fire safety belongs to public task, in this case carried out by social organisations. Taking into account the legal status of the volunteer fire departments acting as associations which often have a  character of public benefit organisations, the author postulates a  clear statutory indication of the legal nature of the volunteer fire departments as associations with legal personality. Therefore it is important to equip the volunteer fire departments with professional legal and fund management which should be provided by the relevant municipalities.

Foreign experience in prosecutor's participation institution development in Kazakhstan civil procedure

2021 ◽  
pp. 1023263X2110553
Author(s):  
Adil Ye Alibekov
Keyword(s):  
Legal Status ◽  
System Analysis ◽  
Civil Procedure ◽  
Practical Significance ◽  
Scientific Methods ◽  
Foreign Experience ◽  
Civil Process ◽  
Civil Proceedings ◽  
Analysis And Synthesis ◽  
General Scientific

The question of the purpose and functions of the participation of the prosecutor in the civil process is relevant, since the idea of them helps to increase the efficiency of his activities. This article is devoted to a comprehensive study of the possibility of applying foreign experience in the prosecutor's participation in institution development in Kazakhstan civil procedure. The article used both general scientific methods of cognition – logical, analysis, and synthesis – and private scientific methods – formal legal, system analysis. It analysed the various points of view on the issue of the legal status and functions of the participation of the prosecutor in the civil process. The scientific novelty is determined by the fact that functions describe the procedural status of the subjects of civil procedure, allowing the streamlining of the multilateral procedural activities of state bodies, officials and other persons involved in civil proceedings. The practical significance of the study is determined by the fact that its results can be used for in-depth research of the functions of the prosecutor in civil proceedings.

Debatable Issues on Land Rights Protection of Indigenous Small-numbered Peoples of the North, Siberia and the Far East of the Russian Federation

2020 ◽  
pp. 1-20
Author(s):  
Natalia Nikolaevna Averyanova ◽  
Aleksey Pavlovich Anisimov ◽  
Galina Nikolaevna Komkova
Keyword(s):  
Legal Status ◽  
Far East ◽  
Essential Element ◽  
Land Rights ◽  
Legal Personality ◽  
Rights Protection ◽  
The North ◽  
Legal Nature ◽  
The Right ◽  
Important State

Abstract The article presents the authors’ ideas concerning the legal nature of land rights of indigenous small-numbered peoples in Russia. It should be noted that land rights of indigenous small-numbered peoples are part of their special constitutional legal personality, an essential element of their legal status. On the basis of international acts on the rights of indigenous peoples, the opportunity to give indigenous small-numbered peoples of Russia their traditional land to use on the grounds of ownership is assessed as non-promising. The article scrutinises the system of land rights of indigenous small-numbered peoples that is established in Russia. The authors point to the imperfection of the legislation in this area, which may lead to violation of the rights of indigenous small-numbered peoples. It should be noted that one of the most important state guarantees is the right of indigenous small-numbered peoples to free and indefinite use of lands.

scholarly journals The Features of Procedural and Non-Procedural Forms of the Counsel’s Activity and Their Differentiation

Legal Concept ◽  
2020 ◽  
pp. 108-116
Author(s):  
Viktor Zaborovsky
Keyword(s):  
Legal Status ◽  
System Analysis ◽  
Professional Status ◽  
Legal Services ◽  
Legal Assistance ◽  
Legal Nature ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Individual

Introduction: the proper disclosure of the legal status of the counsel is impossible without investigating the legal nature of the procedural and non-procedural forms of his activities, in particular, in the context of their differentiation. This distinction allows not only finding out the specifics of the legal status of the counsel when providing legal assistance in a particular type of procedural proceedings, but also separating the status of the counsel from the status of other persons who are entitled to provide legal services. The purpose of the paper is to reveal the essence of the procedural and non-procedural forms of the counsel’s activity in the aspect of his providing legal assistance. The main author’s tasks are: to reveal the essence of the classification of the legal status of an individual by nature (content) in the context of its impact on the status of the counsel; to analyze the legal nature of the procedural and non-procedural forms of the counsel’s activity; to establish the practical value in differentiating such forms of the lawyer’s activity and to find out the relationship between them. Methods: the methodological framework for the research is a set of methods of scientific knowledge, among which the main ones are the dialectical method, the method of system analysis and synthesis. Results: the paper indicates the existence of a general (constitutional), professional and individual legal status of the counsel, which is characterized by the possibility of distinguishing the procedural and non-procedural forms of the counsel’s activity. Conclusions: the author argues for the position that the individual status of the counsel is characterized by the possibility of distinguishing the procedural and non-procedural forms of the counsel’s activity when providing legal assistance by him. At the same time, regardless of whether the counsel implements the procedural or non-procedural form of his activity, he retains the professional status of the counsel, and such a person should be properly referred to as the defense counsel, representative counsel, or the term “counsel”, for example, when providing legal assistance to a witness.

CONCEPTUAL FRAMEWORK FOR MANAGING THE ECONOMIC BEHAVIOR OF AN INDUSTRIAL PARK

2020 ◽  
Vol 1 (12) ◽  
pp. 7-12
Author(s):  
D. S. MIRONOV ◽  
Keyword(s):  
Interest Groups ◽  
Conceptual Framework ◽  
System Analysis ◽  
Economic Behavior ◽  
Industrial Park ◽  
Conceptual Basis ◽  
Management Decisions ◽  
Main Interest ◽  
Scientific Methods ◽  
General Scientific

In this article, using general scientific methods, the existing approaches to making management decisions in the process of implementing one or another variant of the economic behavior of an industrial park are analyzed. The results of the system analysis revealed that most approaches do not fully take into account the peculiarities of the economic behavior of the industrial park, depending on the interests of residents and resource suppliers. The main interest groups and conceptual basis for choosing an option for such behavior are presented.

The Certainty of the Legal Status of Court Secretary and Court Clerk in Federal Courts

2020 ◽  
Vol 6 ◽  
pp. 26-34
Author(s):  
E. V. Gerasenko ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
System Analysis ◽  
Civil Service ◽  
Federal Courts ◽  
Scientific Methods ◽  
Level Of Education ◽  
Additional Qualification ◽  
The Status ◽  
The Russian Federation

Employees of the federal courts' apparatus, in accordance with the current regulations, are public civil servants. In practice and in existing scientific research there is an approach to determining the legal status of this category of public servants through their duties, without specifying the specific requirements for candidates for the position to be filled. The purpose of this study is to define additional qualification requirements to be imposed on the applicant for the position of State Civil Service «Court Secretary» in court, in addition to those contained in the Federal Law «On State Civil Service of the Russian Federation» and orders of the Judicial Department of the Supreme Court of the Russian Federation. The tasks of this work are to study the theoretical foundations of the concept of «status of a State civil servant », to compare federal legislation, decrees of the President of the Russian Federation, decisions and other acts of ministries and departments in the field of the State civil service in the apparatus of federal courts; Justification for the need to include in the status of a public servant serving in the court apparatus additional requirements for the level of education. The methodological basis of the present study was the general scientific methods such as analogy, derivation, system analysis, as well as the private scientific methods: formal-logical, technical-legal and comparativelegal in their various combinations. The study concluded that it was necessary to distinguish the status of federal court staff according to the level of education required to replace a public civil service post, in particular the «Registrar of the Court».

Ethical boundaries of the legal regulation of conditions of carrying out genetic screening in prenatal diagnosis in Russia and abroad

2020 ◽  
Author(s):  
M.V. Medvedev , G.N. Suvorov , S.S. Zenin et all
Keyword(s):  
Prenatal Diagnosis ◽  
Great Britain ◽  
Legal System ◽  
Genetic Screening ◽  
Legal Status ◽  
Legal Regulation ◽  
Ethical Problems ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific

Objectives. The purpose of this study is to study the essence of ethical problems that arise in the field of genetic screening for prenatal diagnosis (PND) and determine possible ways to overcome them by legal means, taking into account the existing foreign experience. Materials and methods. Normative legal acts and doctrinal sources of Great Britain, Germany, Ireland, France and Switzerland are studied. Methods used: General philosophical, General scientific, private scientific, special (structural-legal, comparative-legal, formal-legal). Results. Ways to resolve ethical problems that arise or may arise in the future as a result of genetic screening for PND, which can be applied within the Russian legal system, are proposed. Conclusions. It is stated that most of the identified ethical problems are related to the lack of normative consolidation of the legal status of the fetus. It is presumed that the beginning of ethics should serve as the guide for legislation in this area. At the same time, it is emphasized that the legal regulation of genetic screening in PND should be flexible enough to optimally ensure the interests of all participants in these relationships. In addition, in this direction, it seems appropriate to refer to the experience of a number of foreign countries, whose legislation provides for fairly strict requirements in the field of PND.

Countering Migration Legislation Violations as a Modern Threat to National Security

2021 ◽  
Vol 15 (1) ◽  
pp. 162-170
Author(s):  
IGOR’ YU. SAMOKHVALOV
Keyword(s):  
Legal Status ◽  
Law Enforcement Agencies ◽  
Intelligence Gathering ◽  
Legal Norms ◽  
Functional Activities ◽  
Legal Method ◽  
Current State ◽  
General Scientific ◽  
Labor Resources ◽  
The Right

Introduction: the paper investigates migration situation in the country, reasons and prerequisites for migration-related crime, and identifies features of state prevention of migration offenses. Aim: by analyzing current migration situation, to identify problems in the field of migration-related offenses and how to counteract them at the current stage of society development. Methods: general scientific dialectical method of cognition, comparative legal method, empirical methods of description and interpretation; method of interpretation of legal norms. Results: having analyzed manifestations of migration-related crime we determine its signs, internal content, essence, types, and objectivity of existence; this allows us to put forward ways to counteract the current state of this type of crime. Conclusions: when studying how migration offenses are counteracted, we propose a number of measures that can change the existing crime situation in the migration sphere. Among them: strengthening the registration of migrants when passing the state border; increasing the responsibility of an unscrupulous employer who provides work to migrants in violation of current legislation, obliging unscrupulous employers to cover expenses related to the expulsion of illegally located migrants, strengthening the responsibility of the employer; tightening the sanctions of existing legislation for submission of false documents for registration by migrants and for registration based on false documents; strengthening the functional activities of the Federal Migration Service by granting it the right to perform intelligence-gathering activities and interaction with operative units of law enforcement agencies engaged in such activities; determining the priority of external and operative services to identify the facts of illegal stay of migrants in the territory of the metropolis; establishment of a single codified act – the migration code, regulating legal relations arising in the migration sphere. Keywords: migration-related crime; labor migration; uncontrolled migration of labor resources; legal status; victimization; migration diasporas.

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