Constitutional-legal status of the special administrative region of Hong Kong as a territorial autonomy within the People's Republic of China: current trajectories of transformation

2021 ◽  
pp. 120
Author(s):  
Igor V. Irkhin
Keyword(s):  
Hong Kong ◽  
Legal Status ◽  
Financial Economic ◽  
Legal Regulation ◽  
Legal Regime ◽  
Public Authorities ◽  
Republic Of China ◽  
The People ◽  
The Status ◽  
Mass Protest

In this article examines the genesis of the formation and development of Hong Kong as part of the People's Republic of China, analyzes the current constitutional-legal status of the system of public authorities in this region and the problems of legal regulation of their relationship with the authorities of the central of the PRC. Author is concluding that the determining determinants of Hong Kong's qualifications as territorial autonomy are the authentic legal system, financial-economic and international-legal status. Also is emphasized that the model of the constitutional-legal regulation of the status of Hong Kong is characterized by a "creeping" bifurcation of formal and actual approaches to interpreting the area of competence of this region, which led to mass protest actions (2019 - 2020), partly inspired by the reactions of some foreign actors. In final of article author is formulated thesis on the convergence of the constitutional-legal regime of territorial autonomy with the principles of state unity and territorial integrity.

scholarly journals The place and role of official observers from foreign states and international organizations in elections: the experience of Ukraine and foreign countries

2021 ◽  
pp. 70-82
Author(s):  
O.V. Martselyak ◽  
M.O. Martselyak
Keyword(s):  
International Organizations ◽  
Legal Status ◽  
Legal Regulation ◽  
Electoral Process ◽  
Public Authorities ◽  
Foreign Countries ◽  
Election Process ◽  
Election Monitoring ◽  
The Status ◽  
State And Local

The article states that formation of representative state and local self-governmental authorities is an important stage of state formation. And the legitimacy of both their conduct and the representative public authorities in Ukraine depends on the extent to which it will be carried out within the framework of the election legislation and the extent to which the domestic legislator will provide anti-fraud factors and safeguards against mass violations of various elections.             National and foreign practice proves that the institution of election monitoring that is represented by various observers who contribute to the conduct of election campaigns on a democratic basis in accordance with the electoral standards developed by the international community, is rather effective in this respect.             In Ukraine, the status of official observers is granted to: 1) official observers from candidates, parties (organizations of parties) - subjects of the election process, 2) official observers from public organizations which are duly authorized to have official observers in the relevant elections, 3) official observers from foreign states and international organizations who can observe the election process.             The Electoral Code of Ukraine defines the status of official observers differently, in particular, official observers from foreign states and international organizations are not recognized as subjects of the election process. However, this does not diminish their role in monitoring the electoral process in Ukraine by the legality of the actions of its subjects. The introduction of the institution of official observers from foreign states and international organizations is seen as expression of trust between states and as evidence of the intention of these countries and international organizations to contribute to the democratization of the electoral process in the world.              The paper reveals the legal nature of official observers from foreign states and international organizations, highlights the standards of legal status of official observers from foreign states and international organizations developed by international organizations, considers national and foreign experience of legal regulation of their status and substantiates provisions on necessity for improvement of national electoral legislation on this basis.

scholarly journals On Some Issues of the Status of the “Self-Employed”: Administrative and Legal Aspect

2021 ◽  
Vol 17 (2) ◽  
pp. 29-34
Author(s):  
A. A. Sultanova
Keyword(s):  
Legal Status ◽  
Legal Aspect ◽  
Legal Regulation ◽  
Legal Regime ◽  
Theoretical Understanding ◽  
Actual Problem ◽  
Scientific Discussion ◽  
The Status ◽  
The Russian Federation ◽  
Further Development

The article deals with the actual problem of the legal status of citizens who independently pay the tax on professional income. Due to the fact that this legal regime is new for the legal system of the Russian Federation, many issues require careful theoretical understanding and scientific discussion. In addition, the legal regulation of the legal regime, called “self-employed citizens”, also requires further development and discussion. The author concludes that it is necessary to demarcate the term “self-employed citizens” in a broad and narrow sense and the need for a clear distinction of this term within the framework of regulatory regulation.

scholarly journals The Current Status of Administrative and Legal Regulation of the Activities of Specially Authorized Entities in the Field of Combating Corruption in Ukraine

2020 ◽  
Vol 90 (3) ◽  
pp. 177-186
Author(s):  
В. І. Стреляний
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Current Status ◽  
Public Agencies ◽  
Public Authorities ◽  
Police Agencies ◽  
The Status ◽  
The Law ◽  
National Police

The author has revealed the content of the term of “specially authorized entities in the field of combating corruption” contained in Part 1 of the Art. 1 of the Law of Ukraine “On Prevention of Corruption”. By analyzing the current administrative legislation of Ukraine, the range of public authorities that fall under this concept has been identified. Based on the classification of public authorities existing in administrative science, which are divided into agencies of general and special competence, the author has provided recommendations to improve the list of those public agencies that have the status of specially authorized entities in the field of combating corruption. According to the results of the study, the author has formulated an exhaustive list of specially authorized entities in the field of combating corruption in Ukraine, has provided propositions to improve the provisions of the Law of Ukraine “On Prevention of Corruption” and the Law of Ukraine “On Prosecutor’s Office” in regard to the administrative and legal status of the Specialized Anti-Corruption Prosecutor’s Office. The author has offered to amend Part 1 of the Art. 7 of the Law of Ukraine “On the Prosecutor’s Office”, supplementing it with the word “agencies” after the word “system” and before the word “prosecutor’s office”. Thus, this norm will look like this: “the system of agencies of prosecutor’s offices will consist of: 1) Attorney General’s Office; 2) prosecutor’s offices in oblasts; 3) regional prosecutor’s offices; 4) Specialized Anti-Corruption Prosecutor’s Office. It has been established that only the Specialized Anti-Corruption Prosecutor’s Office can be recognized as a specially authorized entity in the field of combating corruption among the existing prosecutor’s offices. In this regard, the application of the term of “agencies of prosecutor’s office” in Part 1 of the Art. 1 of the Law of Ukraine “On Prevention of Corruption” is not grounded and leads to a false expansion of the range of anti-corruption entities. In practice, this may lead to an ambiguous interpretation of this legal norm. In this regard, the author has offered to specify the range of prosecutorial agencies that are specially authorized entities in the field of counteraction by replacing the phrase “agencies of prosecutor’s office” with the phrase “Specialized Anti-Corruption Prosecutor’s Office”. It has been determined that either the National Police of Ukraine or its separate agencies are not specially authorized entities in the field of combating corruption. In this regard, it has been offered to amend Part 1 of the Art. 1 of the Law of Ukraine “On Prevention of Corruption” by replacing the phrase “National Police” with the phrase “National Police Units”. Thus, those structural subdivisions of the National Police agencies that exercise competence in the field of combating corruption may be recognized as specially authorized entities in the field of anti-corruption.

scholarly journals The status of a Deputy in the system of the state and municipal positions

2021 ◽  
Vol 2021 (1) ◽  
pp. 54-60
Author(s):  
Alla Gutorova
Keyword(s):  
Internal Structure ◽  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
The State ◽  
The Public ◽  
The People ◽  
The Status ◽  
The Subject ◽  
The Russian Federation

The article defines the constitutional and legal status of deputies in relation to the system of the state and municipal positions. The Deputy’s mandate gives a Deputy the opportunity to act as a representative of the people, as well as a representative of the authorities. Accordingly, within the framework of constitutional and legal regulation, it is necessary to analyze and compare the term «position» with such terms as «post», «institution» and «deputy position». In the article, the author used formal-legal and comparative methods, which allowed revealing the differences in these terms, disadvantages in the constitutional legal regulation of the position of Deputy in the system of the state positions. As a consequence of the analysis, the author comes to the conclusion that the terms «deputy position», «post», «institution» are identical. Also the author identifies the differences in the terms such as « position of Deputy» and «deputy position». As a result of the election, the candidate gets the position of Deputy, which, in its turn, gives him the opportunity to be elected to the deputy position. At the same time it is not legislatively defined the place of a member of the Federation Council, Deputy of the State Duma, Deputy of the Supreme body of the Executive or Legislature of the Federation’s subject in the system of the public posts. It is necessary to reorganize the internal structure of the legislative authorities to exclude «superior positions» as much as possible, thereby guaranteeing the equality of deputies’ status. However, at the constituent entities, deputies should have the opportunity to influence on the formation of the Executive bodies of the subject of the Russian Federation.

scholarly journals SYSTEM AND POWERS OF BODIES IMPLEMENTING ADMINISTRATIVE AND LEGAL REGULATION OF NATURAL MONOPOLIES

2019 ◽  
pp. 83-88
Author(s):  
R.I. Raimov
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Coal Industry ◽  
State Regulation ◽  
Natural Monopoly ◽  
National Commission ◽  
Main Attention ◽  
Structural Units ◽  
Public Authorities ◽  
The Status

The article is devoted to the problem of defining the system and powers of state bodies that carry out administrative and legal regulation of the activity of subjects of natural monopolies. The main attention is paid to the analysis of the legislation of Ukraine and the practice of its application. Changes in the status of these state bodies during their formation, which were carried out by different legal acts in different fields of law and various spheres, are investigated. The author has analyzed the authorizations on the implementation of the administrative and legal regulation of natural monopolies in the field of energy and utilities and the legal status of local state administrations, the Antimonopoly Committee, the Ministry of Energy and Coal Industry, the national commissions for the regulation of natural monopolies, the National Commission for the state regulation of the energy and utility sectors services. It is established that, in addition to the national commissions for the regulation of natural monopolies, the National Commission for State Regulation in the Spheres of Energy and Public Utilities implements state regulation in areas adjacent to and/or identical to natural monopolies. It is determined that the relevant state bodies, which carry out administrative and legal regulation of the activities of the subjects of natural monopolies, are empowered to form their own branched system forming structure, which is able to exist in parallel and independently of other branches of government. The powers of state bodies that carry out the administrative and legal regulation of the activities of natural monopoly entities are enshrined in both laws and by-laws. A study of these powers has shown that each public authority has specific rights and responsibilities. The creation of structural units in each case occurs in fundamentally different approaches. Some public authorities have more independent status than others. A number of conflicts of law and potentially unconstitutional provisions have been identified. Particular attention is paid to the ratio of powers of different state bodies. Keywords: natural monopolies, state bodies, administrative law, regulation.

Organizer of Scientific Activity as a Subject of Intellectual Rights

2020 ◽  
pp. 42-53
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Research Teams ◽  
Legal Structure ◽  
The Status ◽  
Scientific Results ◽  
Exclusive Right ◽  
Academic Search ◽  
Scientific Team

The author analyzes the legal status of the organizers of artistic creation, enshrined in the Russian legislation de lege lata, and develops the legal status of the organizer of scientific activities de lege ferenda. It is proposed to consider the organizer of scientific activity as only the head of the temporary scientific team, the purpose of which is to solve a specific scientific problem. A set of elements of the legal structure is formulated, which may be fixed in a normative manner in order to ensure uniformity of legal regulation of the activities of temporary research teams. The status of the organizer of scientific activity is determined on the base of his organizational efforts to guide the creative activities of the team (a distinction is made between the creative and organizational contribution of the head of the scientific team to the overall result). Various options for modeling the legal status of the organizer of scientific activities are discussed: inclusion of the organizer among the co-authors the scientific results obtained by the team; inclusion of the organizer among the co-authors in case if he / she has a creative idea (topic) of academic search; granting the organizer related intellectual rights to the entire result obtained by the team. It is presumed that the organizer of scientific activity is the author of the idea of scientific search for solving the task set for the temporary team. It is concluded that the organizer of scientific activity (the head of the temporary scientific team) must be endowed with related intellectual rights: 1) the exclusive right to use the scientific result obtained by the team as a whole, and 2) the personal non-property right to indicate his name in any use of this result. The author substantiates the content, non-turnover and special validity period of the exclusive right of the organizer of scientific activity.

The Court System of China in the Digital Age: Main Developmet Ditections

2021 ◽  
Vol 6 ◽  
pp. 75-82
Author(s):  
P. V. Troshchinskiy ◽  
Keyword(s):  
Large Scale ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Point Of View ◽  
Judicial System ◽  
General Level ◽  
Court System ◽  
The People ◽  
Intelligence Services ◽  
The Status

The article is devoted to the study of the process of introducing digital technologies into the work of the People’s Courts of China and the issues of its legal regulation. The judicial system of the modern Chinese state is based on courts of three levels and two courts. Judicial bodies include the Supreme People’s Court, local people's courts, military courts and other special courts. For several years, various digital technologies have been used in all Chinese courts. In addition, since August 2017, special Internet courts have appeared in the PRC (three such courts have now been created in Hangzhou, Beijing and Guangzhou), which consider civil, administrative and criminal cases online without the personal presence of participants. The use of digital technologies in the judicial system of the PRC contributes to its transparency, reducing corruption, combating the spread of coronavirus, increasing the general level of legal literacy of the people. So, the creation of a unified platform for online broadcasting of court hearings online, the public disclosure of court sentences (decisions, rulings) in various categories of cases allows society to control the activities of the people's courts of the country. Considering the case online during the confrontation of the coronavirus epidemic prevents the spread of infection among participants in the process. The experience of China in the large-scale implementation of digital technologies in judicial activity is not only of scientific interest, but also important from a practical point of view for the Russian expert community. The Russian Federation has also embarked on the path of using digital technologies in litigation, but China is following it ahead of the schedule, which is important in terms of studying the results it has achieved and the mistakes made so that the Russian legislator can take them into account in their law-making activities. It is also important that China, in the process of digitalizing its national system, uses exclusively national platforms and databases. Access to information by foreign intelligence services is not possible. The main providers of digital services for the judicial system are also national corporations, which legally have the status of private companies, but in fact they are completely controlled by the СРС.

scholarly journals ПОЛІТИКО-ПРАВОВІ АСПЕКТИ ЗАКОНОДАВЧОГО ЗАБЕЗПЕЧЕННЯ ВИБОРЧОГО ПРОЦЕСУ В СУЧАСНІЙ УКРАЇНІ

2019 ◽  
pp. 134-144
Author(s):  
Г. М. Нечаєва
Keyword(s):  
State Power ◽  
Legal Regulation ◽  
Electoral Process ◽  
Public Authorities ◽  
The Status ◽  
The Will ◽  
Points Of View ◽  
Democratic Principles ◽  
The Stability

This article examines the stages of the electoral process based on the legislation of Ukraine on elections since the proclamation of independent Ukraine until now. Considerable attention is paid to the disclosure of the concept of "electoral process", since democracy and the legitimacy of the entire system of public authorities depend to the electoral democracy. On the basis of various points of view of scientists, scholars of lawyers it can be concluded that the electoral process as a legal category is an independent legal institution of constitutional law, which should be understood as a set of constitutional and procedural norms governing the formation of representative bodies of the state and other elected bodies of state power and bodies of local self-government, election of state officials. The issue of the legislative support of the electoral process in Ukraine, the problem of the formation of a system of electoral legislation in Ukraine on the basis of which the electoral process takes place - elections of the President of Ukraine, people's deputies of Ukraine, deputies of local councils and village, town and city mayors. Adequate reflection of the will of the citizens on the formation of a system of government, the creation of conditions for free and deliberate expression of will require not only the legislative consolidation of the principles of free and fair elections, but also detailed legal regulation of procedures for conducting an election campaign, determination of the status of the subjects of the electoral process, their rights and obligations defining the results of elections, etc. The necessity of formation and establishment of a stable electoral culture of voters and the stability of electoral legislation for ensuring the proper realization of the electoral rights of Ukrainian citizens is indicated. However, the main problem is not so much in adopting laws that would comply with generally accepted democratic principles, but in ensuring compliance with these principles in practice, which does not always lie in the field of legislative regulation. In order to ensure legality in the process of organizing and holding elections, the functioning and interaction of all branches of state power, local self-government bodies and public associations must be agreed upon.

scholarly journals Legal Regulation of the Status of Subjects of Special Competence in Relation to Public Administration in the Sphere of Intellectual Property in Ukraine

2021 ◽  
Vol 9 (2) ◽  
pp. 221-236
Author(s):  
Yevhen Leheza ◽  
Yuriy Deliya ◽  
Eduard Ryzhkov ◽  
Serhii Albul ◽  
Oleksandr Shamara
Keyword(s):  
Intellectual Property ◽  
Public Administration ◽  
Legal Status ◽  
Legal Regulation ◽  
Documentary Sources ◽  
Domestic Legislation ◽  
The Status ◽  
Special Competence

Relevant issues of the administrative and legal status of subjects of special competence in relation to public administration in the field of intellectual property are considered. Main  content. A circle of specified subjects in the system of subjects of public administration is determined. The role of subjects of special competence in the fulfilment of tasks of public administration in the sphere of intellectual property is identified. Classification of subjects of special competence regarding public administration in this field is presented. Features of the administrative or legal status of each group of subjects of special competence in relation to public administration in the field of intellectual property are analyzed. Specifics of the influence of these subjects on legal relations arising in the sphere of intellectual property are characterized. Materials and methods research based on the analysis of documentary sources. the  basis  is  the  dialectical  method  of  cognition  of  the  facts  of  social  reality,  on  which  the  formal legal and comparative legal approaches are largely based. Conclusions are drawn about the place of subjects of special competence in relation to public administration in the field of intellectual property among other subjects. Proposals on the necessity to improve current domestic legislation in the sphere of intellectual property are formulated.Keywords: Public administration; Intellectual property; Legal regulation; Relation; Sphere; Subjects of special competence Peraturan hukum status subjek kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual di Ukraina  Abstrak.Masalah yang relevan dari status administrasi dan hukum mata pelajaran kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual dipertimbangkan. Isi utama. Lingkaran mata pelajaran tertentu dalam sistem mata pelajaran administrasi publik ditentukan. Peran mata pelajaran kompetensi khusus dalam pemenuhan tugas administrasi publik di bidang kekayaan intelektual diidentifikasi. Klasifikasi mata pelajaran kompetensi khusus tentang administrasi publik di bidang ini disajikan. Fitur status administrasi atau hukum dari setiap kelompok mata pelajaran kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual dianalisis. Spesifik pengaruh subjek ini pada hubungan hukum yang timbul di bidang kekayaan intelektual dicirikan. Bahan dan metode penelitian berdasarkan analisis sumber dokumenter. Basisnya adalah metode kognisi dialektis atas fakta-fakta realitas sosial, yang menjadi dasar sebagian besar pendekatan hukum formal dan hukum komparatif. Kesimpulan diambil tentang tempat mata pelajaran kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual antara mata pelajaran lainnya. Proposal tentang perlunya meningkatkan undang-undang domestik saat ini di bidang kekayaan intelektual dirumuskan.Kata kunci: Administrasi publik, Kekayaan intelektual, Regulasi hukum, Hubungan, Lingkungan, Mata pelajaran kompetensi khusus Правовое регулирование статуса субъектов особой компетенции в отношении государственного управления в сфере интеллектуальной собственности в УкраинеАннотация Рассмотрены актуальные вопросы административно-правового статуса субъектов особой компетенции применительно к государственному управлению в сфере интеллектуальной собственности. Основное содержание. Определен круг указанных субъектов в системе субъектов государственного управления. Выявлена роль субъектов специальной компетенции в выполнении задач государственного управления в сфере интеллектуальной собственности. Представлена классификация предметов особой компетенции государственного управления в этой области. Анализируются особенности административно-правового статуса каждой группы субъектов особой компетенции применительно к государственному управлению в сфере интеллектуальной собственности. Охарактеризована специфика влияния этих субъектов на правоотношения, возникающие в сфере интеллектуальной собственности. Материалы и методы исследования на основе анализа документальных источников. в основе лежит диалектический метод познания фактов социальной действительности, на котором в значительной степени базируются формально-правовой и сравнительно-правовой подходы. Сделаны выводы о месте субъектов особой компетенции по отношению к государственному управлению в сфере интеллектуальной собственности среди других субъектов. Сформулированы предложения о необходимости совершенствования действующего украинского законодательства в области интеллектуальной собственности.Ключевые слова: Государственное управление, Интеллектуальная собственность, Правовое регулирование, Отношения, Сфера, Субъекты особой компетенции.

scholarly journals SUBJECTS OF ADMINISTRATIVE AND LEGAL SUPPORT IDENTIFICATION OF CHILDREN SEPARATED WITH FAMILY IN UKRAINE

2020 ◽  
pp. 205-210
Author(s):  
А. М. Мамульчик
Keyword(s):  
Parental Care ◽  
Public Administration ◽  
Local Governments ◽  
Legal Status ◽  
Refugee Status ◽  
Public Authorities ◽  
Her Family ◽  
The Family ◽  
Additional Protection ◽  
The Status

The relevance of the article is that the granting of special status «child divorced from the family» in the Ukrainian legislation includes three aspects: 1) identification of a person who is a child separated from the family; 2) granting the status of «child deprived of parental care»; 3) it is possible to grant the status of “refugee” or “person in need of additional protection”, as any person recognized as a child divorced from a family is recognized as a child deprived of parental care and can apply for asylum in Ukraine (and receive refugee status or a person in need of additional protection). Each of the identified aspects of the above status is the responsibility of certain public authorities, ie public administration entities, which are endowed with the appropriate powers. The purpose of the article is to identify the subjects of administrative and legal support for the identification of children separated from their families, ie the subjects of public administration, which are empowered to identify such children in Ukraine. It was found that in fact, the identification of a child separated from the family at the present stage in Ukraine does not belong to the responsibilities of public administration, but is the responsibility of the child who was forced to leave the country of origin or residence and arrived in the territory of Ukraine unaccompanied by a family member or persons determined by law/custom who are responsible for such a person, or who were left unaccompanied after arriving on the territory of Ukraine, or its legal representatives. In our opinion, the absence in the legal acts that determine the legal status of public administration entities, whose activities include the identification of children separated from their families, their obligation to identify such children is a shortcoming of administrative and legal support for child status. , separated from her family, in Ukraine. It is determined that the subjects of public administration, which have the authority to identify children separated from their families, include the State Border Guard Service of Ukraine, executive authorities, local governments, the National Police of Ukraine, the Prosecutor’s Office of Ukraine.

Sign in / Sign up

Export Citation Format

Share Document