scholarly journals Relevance of determining the jurisdiction of administrative courts in the Republic of Kazakhstan

2020 ◽  
Vol 132 (3) ◽  
pp. 76-84
Author(s):  
K. Balabiev ◽  
Keyword(s):  
Practical Experience ◽  
Legal Regulation ◽  
Foreign Countries ◽  
Independent Form ◽  
Administration Of Justice ◽  
Legal Nature ◽  
Legislative Framework ◽  
Administrative Courts ◽  
The Republic ◽  
Administrative Proceedings

The article considers the essence and content of administrative courts ‘ activities, the legal regulation of the Affairs of a public law nature in the national legislation compared to the legal provision abovementioned Institute in foreign countries, as well as legal support of the competence of the administrative court in the Republic of Kazakhstan according to the law. The paper examines the possibility of applying the practical experience of foreign countries and CIS States, building the legislative framework for the implementation of national procedural legislation by courts in resolving cases of a public legal nature that differ in content, subjective composition and order of consideration. The author presents information describing the positive and negative sides of innovations. In modern realities, there is an increasing need to distinguish the jurisdiction of the administrative court from other courts of the judicial system of the Republic of Kazakhstan, which in turn will contribute to the separation of administrative proceedings as an independent form of administration of justice, as well as the formation of administrative justice.

scholarly journals Historical aspects of development of the institution of legal assistance between states in criminal matters in the Republic of Azerbaijan

2021 ◽  
pp. 48-60
Author(s):  
Matanat Pasha Askerova
Keyword(s):  
Intergovernmental Relations ◽  
Legal Assistance ◽  
Criminal Proceedings ◽  
Mutual Legal Assistance ◽  
Legal Proceedings ◽  
Bilateral Agreements ◽  
Administration Of Justice ◽  
Legislative Framework ◽  
The Republic ◽  
Criminal Matters

The subject of this research is the historical-legal grounds of rendering mutual legal assistance in the Republic of Azerbaijan. Research methodology is comprised of formal-legal, comparative-legal, and historical-legal methods. Normative framework is formed by the Constitution, provisions of the criminal procedure legislation and laws, international acts acceded by the Republic of Azerbaijan, which regulate mutual legal assistance issues. Objective: to develop proposals for improving the Institute of mutual legal Assistance. assistance in criminal matters based on the historical experience in this field. The research results are as follows: mutual legal assistance has evolved from elementary extradition of fugitive serfs, one-time provision of diplomatic assistance to institutionalized legal assistance based on multilateral and bilateral agreements; from the absence of  legislative framework to codification; from inclusion of separate norms on certain aspects of the agreement on friendly relations, peace, cooperation or even submission to conclusion of special bilateral agreements. The acquired results can be implemented in intergovernmental relations regulation of rendering mutual legal assistance in criminal matters. The novelty of this research consists in consideration of legal assistance based on the historical-normative acts of the Republic of Azerbaijan. The following conclusions were made: in some historical periods, legal assistance included such institutions as the presence of state representative of the accused in administration of justice against a foreigner, unconditional extradition of criminals who committed grave crime, stiff punishment of those reluctant to peace, elimination from jurisdiction of certain criminals, transfer of prosecution, etc. can still be currently used to regulate or improve the institution of legal assistance in criminal matters, including reasonable terms for submitting court requests. For example, a reasonable term for criminal proceedings is one of the guarantees of effective legal proceedings, the violation of which also entails an infringement of such a fundamental right to fairness of proceedings.

scholarly journals Features of Legal Regulation of the Circulation Order of Gift Certificates

2019 ◽  
pp. 72-80
Author(s):  
Avak Vartanian
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Advance Payment ◽  
Foreign Countries ◽  
The Gift ◽  
The Usa ◽  
The Subject ◽  
The Republic ◽  
Gift Certificate

The article analyzes the novels of the legislation of the Republic of Belarus concerning the procedure for using gift certificates when selling goods (performance of works, rendering services). It has been done a comparative analysis of the legal regulation of the procedure for circulation of gift certificates in the Republic of Belarus, Ukraine and some foreign countries (Canada, the USA). The author raises some problems concerning the use of a gift certificate in civil circulation. It is pointed out that there is uncertainty both in the theory of civil law and at the level of legislative regulation regarding the civil law nature of a gift certificate. It is noted that the analysis of the legislation in force in the Republic of Belarus allows us to define a gift certificate as a document certifying the property right (requirement) of its holder (bearer) to receive goods (works, services), and the amount of money contributed when purchasing a gift certificate, as advance payment (advance payment). At the same time, such an approach of the legislator is criticized due to the fact that there is a clear contradiction to the requirements of Art. 402 of the Civil Code of the Republic of Belarus, from the content of which it follows that the advance payment presupposes the existence of a contract in which the subject has been agreed, which is not typical of most gift certificates, due to the fact that they do not contain an indication of the subject of the contract. Having done the analysis of the civil legislation of Ukraine, the author makes a conclusion that there is application of the rules on a purchase agreement to gift certificates, the subject of which may be property rights in accordance with the Civil Code of Ukraine. The conclusion is made about the imperfection of the legal regulation of the procedure for circulation of gift certificates in the Republic of Belarus and Ukraine, as well as about the complex legal nature of the gift certificate, regarding which legal regulation should be more universal, defining a gift certificate as an independent object of civil legal relationship.

Holding Peaceful Assemblies in the Republic of Kazakhstan: Rights of Citizens and Administrative Liability

2018 ◽  
Vol 9 (3(33)) ◽  
pp. 870
Author(s):  
Timur K. AVENOV
Keyword(s):  
Constitutional Law ◽  
General Characteristic ◽  
Legal Regulation ◽  
International Standards ◽  
Legal Norms ◽  
Foreign Countries ◽  
Legal Model ◽  
The Republic ◽  
The Right ◽  
Mass Events

The article considers the matters of constitutional and administrative-legal regulation of the right to peaceful assembly in the Republic of Kazakhstan (RoK) and a number of foreign countries. Since there is a lot of publications dedicated to the study of compliance of this legislation to international standards, the analysis has been conducted by the following criteria: the general characteristic of the right to freedom of assembly from the viewpoint of international and constitutional law standards, the principles of organization and holding of public assemblies, the procedure of organization of a public assembly and its holding, and the liability for breaching this procedure. The author shows that the current incoherence of legal norms in this area prevents from developing a unified legal model for administrative liability for breaching public order and safety when holding mass events. Based on the study of normative and research materials in administrative and constitutional law, legal principles and approaches to freedom of assembly in international law and the law of a number of foreign countries, the author proposes options to improve the conceptual framework of legislation concerning assembly and mass events, to formulate proposals that will allow efficiently and legally applying administrative liability for breaching the RoK law concerning the procedure of organization and holding of peaceful assemblies, rallies, marches, pickets and demonstrations. Primary provisions and conclusions of the article can be used in scientific and practical activity when considering issues of holding liable for offences infringing constitutional rights of citizens and the established procedure for organizing and holding peaceful assemblies, rallies, marches, pickets and demonstrations, and to reform the norms of legislation on administrative offences.

scholarly journals Legal Regulation Of Private Law Aspects Of Water Use By Owners And Users Of Neighboring Land

2019 ◽  
pp. 132-144
Author(s):  
I.V. Myronenko
Keyword(s):  
Water Resources ◽  
Water Use ◽  
General Rule ◽  
Legal Regulation ◽  
Legal Documents ◽  
Land Owners ◽  
Foreign Countries ◽  
Natural Movement ◽  
Legitimate Interests ◽  
The Republic

The article is devoted to some questions of the legal legal regulation of neighborhood relations related to the use of water to meet the needs of owners and users of neighboring land. The regulation of this relationship has historically been an inseparable part of neighbour law. Regulations of this kind were contained in many historically significant Ukrainian legal documents (in particular, various editions of the Lithuanian Statutes, the Rights of the Little Russian People (1743), and others). Currently, the regulation of the use of water resources mainly comes under the sphere of public law. Consequently, the current Land Code of Ukraine does not contain regulations of this kind. Nevertheless, a study of international legislation and regulation policies on neighbourly relations emphasizes the necessity to legislate on the private aspects of neighbourly water use. In particular, such provisions include the laws of the Republic of Moldova, Georgia, Republic of Azerbaijan and some other post-soviet states. The findings of the study has made it possible to formulate the proposals aimed at improving the current legislation on this issue. They are based on a general rule forbidding to alter the natural movement (flow) of water, if it violates the rights and legitimate interests of owners or land users of neighboring land. The artificial movement (flow) of water, caused by the activity of land owners or land users, is proposed to regulate by contract by establishing land easements (discharge of water to a neighboring land plot, their redistribution between neighbors, etc.). Regulating water-related relationships to meet the needs of owners or land users of neighboring land has historically been an integral part of «neighborhood law». Nowadays, the legal regulation of the relationship regarding the use of water resources has shifted to the sphere of public legal regulation. Nevertheless, the study of the laws of foreign countries and the practice of regulating good neighborly relations indicate the need for legal regulation of private aspects of neighborhood water use. They are mainly related to the prohibition of altering the natural movement of water if it violates the rights and legitimate interests of owners and owners of neighboring properties.

scholarly journals Implementation of the three-link model of pre-trial investigation in the Republic of Kazakhstan

2021 ◽  
Vol 136 (3) ◽  
pp. 113-118
Author(s):  
B.M. Smatlaev ◽  
Keyword(s):  
Criminal Procedure ◽  
Legal Regulation ◽  
Pilot Program ◽  
Legal Regime ◽  
Judicial Practice ◽  
Procedure Code ◽  
Foreign Countries ◽  
Link Model ◽  
The Republic

The article presents innovations of the Code of Criminal Procedure of the Republic of Kazakhstan which, in pre-trial investigations, play a major role in protecting the rights and freedoms of citizens. The article justifies the need for special legal regulation of these objects of citizens ‘ rights. The author considers positions of scientists, judicial practice and legislation of Kazakhstan and foreign countries. It identifies shortcomings and contradictions of legal legislation. In accordance with the requirements of the new legislation, the transition to a three-link model under the pilot program will protect the rights of many citizens in the country, which will practically reduce the responsibility of persons who are not involved in crimes in the course of investigations. As a result of the analysis of the legislation of Kazakhstan, the author concluded that it is necessary to change the legal regime and recently adopted Criminal Procedure Code, which is more or less beneficial for citizens.

scholarly journals Formation of the trial jury in the period of the pandemic: Russian and foreign experience

2021 ◽  
Vol 108 ◽  
pp. 04006
Author(s):  
Lydia Alekseevna Voskobitova ◽  
Tatiana Yurievna Vilkova ◽  
Sergei Aleksandrovich Nasonov ◽  
Maksim Aleksandrovich Khokhryakov ◽  
Rifat Rahmadjon Rahmadjonzoda ◽  
...  
Keyword(s):  
Theoretical Treatment ◽  
Significant Modification ◽  
Normative Approach ◽  
Foreign Countries ◽  
Administration Of Justice ◽  
Legal Nature ◽  
Analysis And Synthesis ◽  
Judicial Proceedings ◽  
The Russian Federation ◽  
Court Proceedings

The prerequisites for the research were formed by a complex collision between the legal nature of proceedings in the jury court and the standard sanitary and epidemiological restrictions. This collision was revealed in the course of the theoretical treatment of administration of justice in the pandemic period. The primary stage of judicial proceedings involving the participation of the jury was highlighted by the authors as a subject of the research – formation of the trial jury, where the said collision appears to be especially acute. The purpose of the study was to search for possible solutions to this collision; the objective – verification of the hypothesis stating that the pandemic situation has engendered a significant modification of the procedural form of trial jury selection. To resolve this problem, the normative approach, along with the method of legal comparative studies, was used: the criminal procedure legislation and the practice of its enforcement in the Russian Federation and a number of foreign countries was analysed. General logical methods were used: analysis and synthesis, induction and deduction, abstraction and progression from the abstract to the concrete, etc. The result of the research is the identification of special approaches in the Russian and foreign models of court proceedings involving the participation of the jury, reflecting the intention to adjust the procedure of trial jury formation to the pandemic period requirements: telecommuted formation of the trial jury in full or in part; replacing verbal questioning of candidates to the jury with a written questionnaire; extending the questioning of jury candidates through the inclusion of specific issues concerning the epidemiological situation. The hypothesis proposed in the publication was confirmed, in particular, relative to the Russian court proceedings with the participation of the jury.

scholarly journals Mediation in administrative proceedings: problems of theory and practice.

2021 ◽  
Vol 3 (3) ◽  
pp. 186-190
Author(s):  
Iryna Verba
Keyword(s):  
Dispute Resolution ◽  
Legal System ◽  
Alternative Dispute Resolution ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Administrative Process ◽  
Legislative Framework ◽  
The Moment ◽  
Administrative Proceedings ◽  
Judicial Method

The article studies the the introduction of mediation in administrative proceedings. Implementation of other alternative ways of resolution of legal disputes, for example, such as mediation, can be an option to improvement of justice access and to reduction of court overloading. The sphere of administrative disputes is the most difficult for implementation of mediation procedure. Mediation is not able to displace and replace the judicial resolution of administrative disputes using the classic adversarial procedure. It is proposed to recognize adjudication mediation as the optimal procedure in resolving administrative disputes. Proposals and recommendations concerning creation of the legislative framework for the application of mediation as the alternative dispute resolution in administrative proceedings in Ukraine are formulated. That is why resolving the issue of relieving the judiciary is relevant for the use of mediation as an alternative way of resolving disputes or conflicts. Insufficient use of mediation as a way to resolve legal conflicts, including administrative ones, is low awareness of the advantages of this method of resolving legal conflicts and its advantages over the traditional judicial method of resolving legal disputes, insufficient legal regulation of mediation in Ukrainian legislation, lack of sufficient professional mediators who could provide quality mediation services, conservatism of both lawyers and participants in the administrative process at the moment of development of the legal system in Ukraine.

Legal Aspects of Digital Platforms for the Sharing Consumption Economy

2021 ◽  
Vol 27 (2) ◽  
pp. 102-110
Author(s):  
A. V. Altukhov ◽  
A. O. Gostilovich ◽  
S. Yu. Kashkin
Keyword(s):  
Good Governance ◽  
Practical Experience ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The European Union ◽  
Scientific Publications ◽  
Digital Platforms ◽  
Science Theory ◽  
Legislative Framework ◽  
The Russian Federation

Aim. To consider the features of the shared consumption phenomenon that require specialized legal regulation.Tasks. To highlight the problems of the legislative framework in this area; to give suggestions for solving the identified problems.Methodology. The study was conducted in the context of the economic and legal science theory and methodology, using methods of information synthesis and analysis, expert evaluation; scientific and popular scientific publications of domestic and foreign authors were researched.Results. The concept of the shared consumption economy is revealed. The legal aspects of digital platforms for the shared consumption economy are considered, the experience of the European Union (EU) and the results of the Russian Federation (RF) achieved in this area are analyzed. Based on the analysis, the authors propose to apply the principles and mechanisms of integration law for the regulatory regulation of the new socio-economic model.Conclusions. It is shown that integration law will best use the accumulated practical experience of legal mechanisms’ timely adaptation to the variability of the external environment in the conditions of digital transformation and artificial intelligence. It is concluded that the concept of “good governance” can be successfully used for the legal regulation of the shared consumption economy platforms.

CIVIL LEGAL REGULATION OF THE COMMERCIALIZATION OF PATENTED INVENTIONS: THE CREATION OF INVENTIONS, THE LICENSING OF PATENT RIGHTS, THE SALE OF PATENT RIGHTS

2021 ◽  
Vol 6 (4) ◽  
pp. 26-32
Author(s):  
Dilrabo Egamova ◽  
Keyword(s):  
Intellectual Property ◽  
Legal Status ◽  
Legal Regulation ◽  
Foreign Countries ◽  
Patent Rights ◽  
The Creation ◽  
The Republic ◽  
Patented Inventions

In this article, issues of commercialization of intellectual property objects, which are one of the topical issues in the field of intellectual property, including the commercialization of patented inventions, their legal status, creation of inventions, licensing of patent rights,sale of patent rights, copyright rights, restoration of violated rights are considered. At the same time, the opinions of anumber of scientists on the commercialization of intellectual property objects in foreign countries and the Republic of Uzbekistan have been studied

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