scholarly journals ON THE NEED FOR IMPROVEMENT OF LEGISLATION REGARDING IMPLEMENTATION OF FORENSIC SCIENCE ACTIVITIES IN UKRAINE

2020 ◽  
Vol 19 (1) ◽  
pp. 118-129
Author(s):  
E. Simakova-Yefremian
Keyword(s):  
Forensic Science ◽  
Legal Status ◽  
Legal Regulation ◽  
The State ◽  
Procedural Code ◽  
Forensic Expert ◽  
Administrative Proceedings ◽  
Improvement Of Legislation ◽  
Expert Support

The issue of reforming forensic expert support for justice and the need to improve the legislation of Ukraine regarding forensic science activity were investigated. Despite the fact that in recent years, the norms of the laws of Ukraine have been actively subjected to quite significant changes, some issues remain to be resolved on the legal regulation of forensic expert support for justice in the state. The analysis of the specialized literature and relevant legislation confirms the relevance of this issue. On the basis of studying the norms of the basic and procedural legislation regarding forensic science, proposals for its improvement are presented. So, in order to improve the legislation governing forensic science and the unambiguous application of the conceptual apparatus in this field, it is proposed to change the title of Article 1 of the Law of Ukraine On Judicial Examination and introduce the basic terms used in this Law in the the Criminal Procedural Code of Ukraine, Civil Procedural Code of Ukraine, Code of Administrative Proceedings of Ukraine. Improving the regulatory framework for the appointment and performing forensic examinations, as well as the legal status of a forensic expert on the basis of creating the proper legal status and legal support for organizing activities of the system of state forensic expert institutions, as well as forensic experts who do not work in these institutions; increasing the role of legitimate ways to motivate forensic experts; combating corruption in the field of forensics is one of the most important tasks of forensic expert support in the state. The implementation of the proposed measures will be a powerful lever of influence on the processes of improving forensic activities.

scholarly journals Health Resorts: A Unique Phenomenon in the Tourist Market

Lex Russica ◽  
2019 ◽  
pp. 16-29
Author(s):  
I. V. Ershova
Keyword(s):  
Legal Status ◽  
Medical Tourism ◽  
Self Regulation ◽  
Legal Regulation ◽  
The State ◽  
Current State ◽  
International Regulations ◽  
Health Resorts ◽  
Legal Mechanism

The article provides a brief insight into the history and reviews the current state of the health camps and health resorts in Russia. The conclusion is drawn that over the centuries Russia has developed traditions of health and resort recreation. The author suggests that some elements of the Soviet model of the relationship between the State and health resorts be extrapolated to the modern legal ground. The paper expresses the opinion about the possibility of using the legal mechanism of health resorts self-regulation. The legal status of health resorts is considered, the spectrum of functions and services performed by them is described. The author has classified services provided into basic (medical, temporary accommodation, nutrition) and supplementary (tourist, household, entertainment, sports and recreational, trade services) services. It has been proved that the specificity of the sanatorium-resort tourist product involves the complexity of the services it includes. Their integration and merger gives a synergistic effect, which leads to an increase in the efficiency of recreation and recovery as the main goal of tourism. The paper describes the system of requirements applied to regulate the work of health camps and health resorts. The paper demonstrates the importance of health resorts, determines their place in the tourist market, dwells on the specifics of health resorts in the sphere of tourism. The author focuses on the problems and contradictions of the legal regulation of activities of health resorts, ways of their minimization. Empirically, the research is founded on statistical data and the results of the author’s questionnaires used to question different parties involved . Analysis of the results of the survey showed that most respondents do not associate health resorts with tourism. However, under Russian and international regulations, health camps and health resorts are referred to medical tourism, the main specificity of which is that it involves medical treatment. The author provides arguments in favor of the necessity of systematic work aimed to explain obvious advantages of health tourism. Attention is drawn to the role of health camps and resorts in achieving the program goals of the State.

scholarly journals The procedural status of the investigator under the Criminal Procedural Code of Ukraine of 1960 and the Criminal Procedural Code of Ukraine of 2012 in terms of the effectiveness of resolving issues of criminal prosecution of military servicemen

2019 ◽  
Keyword(s):  
Comparative Analysis ◽  
Legal Status ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Procedural Code ◽  
Procedural Decisions

It is established that today many problems arise in the activities of the pre-trial investigation bodies, their legal status, probity and other important issues specified in the legislation are not always clearly and consistently. It is noted that there are various problems with the implementation of investigators of his powers, there are complications with the understanding of his independence. It was argued that it is important to identify and analyze the problems that arise in the work of the pre-trial investigation bodies, the problems of implementing the legal status of the investigator, including by comparative analysis of the regulation of these issues in the 1960 Criminal Procedure Code of Ukraine and the Criminal Procedure Code of Ukraine, 2012 , as well as expressing their own position on the reform of these bodies. It has been established that the comparative analysis of the current criminal procedural legislation with the 1960 law also suggests the procedural functions that can act as a certain link between the tasks and the legal status of the participant in the process, since they determine the procedural status of the investigator, his rights and duties , which are specified in separate criminal procedural institutes and procedural norms. It is noted that the knowledge of the system of procedural functions of the investigator as the main directions of his activity allows the most fully to determine the role of the investigator in the execution of the criminal proceedings, to correctly understand and apply each legal institution and each legal regulation regulating its activities. As future state representatives, investigators have legally established procedural powers that are both for them and for rights (as they allow for procedural actions and procedural decisions), and duties (due to the inappropriate or untimely use of their rights may be an offense if there is no evidence of a crime). It has been argued that within the criminal process there were significant procedural transformations related to the change of the law, some of which were rather substantial, but not always consistent and such that increased the efficiency of the functioning of state authorities aimed at bringing individuals to legal liability.

scholarly journals THE INSTITUTE OF VILLAGE ELDERS IN CHUVASHIA: HISTORY OF FORMATION AND ACTIVITY

2021 ◽  
Vol 2 (2) ◽  
pp. 58-68
Author(s):  
Valentina G. Kharitonova
Keyword(s):  
Rural Areas ◽  
Legal Status ◽  
Legal Regulation ◽  
The State ◽  
History Of ◽  
The Republic ◽  
Regional Authorities ◽  
Village Elders ◽  
The Village

The article deals with the issues concerning formation of the institute of the elders and the role of village elders in the functioning of the local government system in modern Chuvashia. For a region where the share of rural population in the total population is quite high, the study of this topic is in demand. The article briefly covers the main aspects in the development of the rural community and the state policy in rural areas. The analysis of this topic coverage in domestic and regional historiography is carried out. The main attention is paid to the history of forming the institute of village elders, the characteristics of the legal status and functions of village elders, and the main forms of their activities are shown. The village elders and organization of their activities in the 1990s were caused by the need to represent the interests of the population in the authorities of different levels. At the first stages, their functioning was initiated by the residents of villages themselves. Subsequently, the regional authorities and municipalities also began to deal with the organization and legal regulation of village elders’ activities. Legislative formalisation of village elders’ institute at the state and regional level took place in 2018. The practical activities of Chuvashia village elders cover most issues of developing and improving rural territories, they are the main assistants of local authorities and guarantee of public territorial self-government in rural areas. At the same time, alienation of rural residents from solving issues of rural society was noted, for this purpose, the materials of a sociological population survey were used. It is shown that formation of the institute of elders and regulation of their activities in the republic took place on the basis of rural elders’ practical work, the analysis of the experience of interaction with local self-government bodies and taking into account the experience of other regions. At present stage, interaction with the republican authorities at various levels is being improved. The empirical basis of the article is made up of official documents, legislative acts, media materials, and the results of public surveys.

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

Kybernetická bezpečnosť – analýza legislatívneho prostredia Slovenskej republiky a aktivít na národnej a medzinárodnej úrovni

2021 ◽  
Vol 16 (1) ◽  
pp. 47-60
Author(s):  
Michaela Šimonová ◽  
Keyword(s):  
Information And Communication Technologies ◽  
Cyber Security ◽  
Communication Technologies ◽  
Relevant Information ◽  
Legal Regulation ◽  
The State ◽  
Security System ◽  
Role Of The State ◽  
Information And Communication

The arrival of information and communication technologies is nothing new. The number of people using these technologies and moving in cyberspace is growing, and therefore it is an important role of the state to respond sufficiently to such developments. A fundamental role of the state is to create a stable security system consisting of complex legislation as well as creation of a legislative environment capable of responding flexibly to the growing number of diverse incidents in cyberspace. Sufficient legal regulation consisting of unambiguous determination of competencies and tasks of individual subjects represents the basic pillar for the creation of a stable security system. The role of the state is also to maintain existing and create new partnerships with organizations that are able to provide relevant information and knowledge in the field of cyber security.

scholarly journals ABOUT FORENSIC EXPERT PARTICIPATION IN CASES OF ADMINISTRATIVE OFFENSES

2018 ◽  
Vol 18 ◽  
pp. 194-202
Author(s):  
O. P. Uhrovetskyi ◽  
O. O. Sviderskyi
Keyword(s):  
Legal Status ◽  
Actual Data ◽  
Forensic Research ◽  
Forensic Examination ◽  
Special Knowledge ◽  
Forensic Expert ◽  
Research Decision ◽  
Structure Complexity ◽  
Administrative Proceedings ◽  
Procedural Rights

The authors allocate in administrative proceedings in cases of administrative offenses among other participants to a forensic expert who takes a special place in this process and give a description of legal status of forensic expert in cases on administrative offenses taking into account the peculiarities of expert involving stage in administrative proceedings. The authors emphasize that at various stages of administrative proceedings a forensic expert performs one function: performing examination. At the central stage of administrative proceedings, namely consideration of the case on an administrative offense and adoption of the resolution therein by authorized authority to consider an administrative offense. If there is a need to use of special knowledge, forensic examination is assigned and opportunity is provided to expert to exercise procedural rights and obligations and submit examination conclusion as a result of expert research. Decision on forensic examination assignment in cases of administrative offenses in the jurisdiction is usually performed in resolutions of the authorized authority (official) that is in charge of proceedings administrative offense. Expert conclusion is an independent means of proof in administrative proceedings. Structure complexity of expert conclusion as a procedural document lies in the fact that it derives from the structure of a special forensic research, since it reflects its features. Expert conclusion is subject to investigation and verification by the court and actual data contained therein are judged by general rules, since they are actual data about certain circumstances of objective reality. It is concluded that participation of expert in proceedings on administrative offenses at the present stage is as fully possible realized at the second central stage of proceedings in consideration of case on administrative offense.

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 Multinational (Transnational) Companies as Subjects of Public International Law // Multinacionalne (transnacionalne) kompanije kao subjekti međunarodnog javnog prava

2017 ◽  
Vol 7 (7) ◽  
pp. 110
Author(s):  
Boris Krivokapić
Keyword(s):  
International Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Multinational Companies ◽  
Legal Capacity ◽  
Legal Personality ◽  
Transnational Companies ◽  
The One ◽  
International Legal Personality

The paper deals with international legal status of multinational (transnational) companies. The first part gives an overview of this entities and the specifics of their role in the modern world.In the second part, the author deals with the elements of international legal personality of multinational (transnational) companies. Such as international legal regulation of the position of these entities, their specific rights and obligations under international law, international responsibility, process subjectivity before certain international judicial bodies and the special relationship (partnership) with international organizations. It should be added that not only that international law acknowledges their existence, but also multinational companies themselves at least in part influence the development of that law.In the concluding remarks the author notes that multinational (transnational) companies do not have all the elements of a full international personality, the one that is inherent to states. However, even if not complete their personality is beyond doubt. Although between them, depending on the case, there are major differences, there is no dispute that, from the perspective of international law, at least some multinational companies have the legal capacity (the ability to be the holder of a larger or smaller circle of rights and obligations established by international law), legal capacity (the ability to conclude international agreements, create international custom, etc.), tort capacity (the ability to provide for the legal bears responsibility for violating the norms of international law), process capability (active and passive legitimacy before some international courts), etc. In all likelihood, along with the expected further strengthening of the economic, but also political and every other power and role of the companies themselves, their international personality will also become more and more developed, At one point this will require global (universal) agreement which would precisely define rights, but, in particular, the duties and responsibilities of these entities.

Organizational and Legal Peculiarities of Operations of Regional Control and Accounts Authorities of Russia — Members of the European Organization of Regional Institutions of External Public Finance Audit: On the Efficiency of Membership in EURORAI

Financial law ◽  
2021 ◽  
Vol 1 ◽  
pp. 3-9
Author(s):  
Igor B. Lagutin ◽  
Keyword(s):  
Public Finance ◽  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
External Control ◽  
European Organization ◽  
Regional Institutions ◽  
Regional Control ◽  
The Russian Federation

This article is devoted to the study of the characteristics of the organization, activities and legal regulation of the European Organization of Regional External Public Finance Audit Institutions (EURORAI). The role of EURORAI in the development of Russian legislation governing the organization and activities of the control and accounting bodies of the constituent entities of the Russian Federation and municipalities is analyzed. The article studies the structure, powers and composition of participants in the European Organization of Regional External Public Finance Audit Institutions (EURORAI). Separately, the article considers the issue of legal support for the organization and activities of the European Organization of regional bodies of external control of public finances, as well as its international legal status. The article concludes that the effectiveness of the interaction between the control and accounting bodies — members of EURORAI, is at a low level and practically does not have any effect on the activities of the control and accounting bodies of the constituent entities of the Russian Federation, and is more important for improving its legal status in the regional level.

THE ROLE OF POLITICAL PARTY FACTIONS IN PARLIAMENT: NATIONAL AND FOREIGN EXPERIENCE

2021 ◽  
Vol 6 (7) ◽  
pp. 37-43
Author(s):  
Ikhtiyor Bekov ◽  
Keyword(s):  
Political Parties ◽  
Political Party ◽  
Legal Status ◽  
Legal Regulation ◽  
Legal Basis ◽  
Foreign Experience ◽  
The Republic

This article is devoted to the issues of constitutional and legal regulation of the legal status of factions of political parties in the parliament. In the article, the constitutional and legal basis of the activity of factions of political parties in the Republic of Uzbekistan has been studied based on comparison with national and foreign experience and its specific features have been revealed. The scientific works of national and foreign researchers on the stages of formation and development of the legal basis of the activity of factions of political parties in the Republic were been analyzed

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