scholarly journals Questions of the legal nature of the Minsk agreements (international legal analysis)

2020 ◽  
Vol 79 (4) ◽  
pp. 20-25
Author(s):  
В. В. Марков ◽  
А. В. Войціховський
Keyword(s):  
Legal Aspects ◽  
Legal Analysis ◽  
Military Conflict ◽  
Legal Documents ◽  
Legal Nature ◽  
Peace And Security ◽  
International Rights ◽  
Hybrid War ◽  
Correct Understanding ◽  
The Military

The importance of the Minsk agreements in resolving the conflict and the fact that they are the only agreed basis for achieving peace in eastern Ukraine has been repeatedly stated by world leaders and leaders of international intergovernmental organizations (primarily the UN, OSCE, EU, NATO, etc.). This fact determines the high importance of the processes taking place in the field of peaceful resolution of the conflict in eastern Ukraine. The relevance of the chosen research topic is due to the fact that the process of resolving the military conflict in Ukraine in the context of establishing stable peace and security in the east, as well as returning the occupied territories of Donbass to Ukrainian control is given much attention by political leadership scientific environment and the average population. In addition, the implementation of the Minsk Agreements was discussed at various international official meetings at the highest political level with the participation of the Ukrainian side. For Ukraine, which in the framework of the «hybrid war» faced such factors as the temporary occupation of the territory of Ukraine by the Russian Federation, issues of peace and security in the east of the state have become extremely important. As a result, legal scholars are increasingly questioning the legal nature of the Minsk agreements themselves, as well as the nature of the parties’ international rights and obligations. The article examines the international legal aspects of clarifying the legal nature of the Minsk agreements. The parties’ different understanding of the Minsk agreements on their legal nature is analyzed, the possible legal consequences in case of non-compliance with these international legal documents are determined, and the role and place of the Minsk agreements in the process of peaceful settlement of the conflict in eastern Ukraine are clarified. Scientifically substantiated conclusions on the correct understanding and interpretation of the Minsk Agreements as a specific type of international legal documents are provided.

scholarly journals Comparative Legal Analysis of the Systems of Executive Power in Russia and Japan

2020 ◽  
Vol 15 (9) ◽  
pp. 195-205
Author(s):  
A. A. Vayno
Keyword(s):  
Power Systems ◽  
Legal Aspects ◽  
Executive Power ◽  
Primary Role ◽  
Legal Analysis ◽  
Head Of State ◽  
Significant Difference ◽  
Legal Nature ◽  
Statics And Dynamics ◽  
The Difference

The paper is devoted to the comparative legal aspects of the study of executive power systems in Russia and Japan. These states, despite the significant difference in both the political and legal historical path and modern forms of government and state structure, have a number of common constitutional and legal features. Both countries have chosen a legal strategy aimed at the full-fledged building of a democratic rule of law. Comparison of executive-power systems reveals both serious similarities and significant differences in the statics and dynamics of their daily functioning. If in Russia ministers perform rather an administrative and managerial function and are actually deprived of many of their own political prerogatives, in Japan the top officials of ministries are, as a rule, public politicians. The difference also lies in the procedure for appointing heads of executive departments — in Russia in this process, the primary role is assigned to the personal will of the elected head of state, in Japan — to the collective will of the elite, self-organizing and legitimized through parliamentary elections. At the same time, a number of common features correspond to the governments of these countries, both in terms of their legal nature and in terms of their functions. These circumstances indicate the need to intensify comparative legal research in this direction in order to clarify questions about the further expediency of the mutual reception of norms and institutions related to the corresponding public law orders.

scholarly journals Prawne aspekty konfliktu zbrojnego na Ukrainie jako przykład wojny hybrydowej

2018 ◽  
Vol 71 (1) ◽  
pp. 283-302
Author(s):  
Paweł Ochmann ◽  
Jakub Wojas
Keyword(s):  
International Law ◽  
Public International Law ◽  
Military Conflict ◽  
The Public ◽  
Proxy War ◽  
The Media ◽  
The Russian Federation ◽  
Hybrid War ◽  
The Military

The term ‘hybrid war’ has not been defined in the public international law. However, it is commonly used in the media, by politicians and also by academics in scientific discourses.The article raises the question of  whether it is justified to use the term ʻhybrid war’ in reference to the military conflict in Ukraine. The authors scrutinise to what extent the situation in Ukraine meets the criteria of a ʻhybrid war’. Therefore, they try to define the term and describe its distinctive characteristics. Then, successive developments in Ukraine are analysed and compared with the characteristics. The article focuses on the role of the Dontsk People’s Republic and Luhansk People’s Republic, and their dependence on the Russian Federation. According to the authors, they are examples of actions conducted by proxies – the so called proxy war. This is the most important proof of the hybrid nature of the conflict in Ukraine. The authors also consider the responsibility of Russia for the actions of these separatist republics and wonder how to prevent the consequences of this conflict.

scholarly journals SYSTEMATIZATION OF MILITARY LEGISLATION OF UKRAINE: HISTORICAL AND LEGAL ASPECTS

2020 ◽  
pp. 27-43
Author(s):  
Volodymyr Shulgin ◽  
Keyword(s):  
Social Relations ◽  
Military Service ◽  
Legal Aspects ◽  
Historical Period ◽  
Legal Analysis ◽  
General Law ◽  
Applied Development ◽  
Regular Army ◽  
Military Law ◽  
The Military

The article analyzes the historical, legal and rule-making features of the systematization of military legislation of Ukraine during the IX-early XXI centuries in the Ukrainian lands as an ethnic state and states that influenced its formation, development and current state. In order to effectively systematize the military legislation of Ukraine, which is characterized by imbalance and inconsistency of acts as a result of permanent changes in conditions of political and economic instability, armed aggression and the ongoing special period, a comparative historical and legal analysis of the state and achievements in practical military codification experience that must be taken into account when streamlining the legislation in the field of defense of Ukraine. As a result of the conducted research the tendencies and normative-legal features of each historical period of systematization of the military legislation on the Ukrainian lands are established. It was found that by the XVII century. The provisions of military law were only interspersed with acts of general law; the emergence of a regular army led to institutional systematization in the form of separate military statutes. The only sectoral-targeted systematization of military legislation took place in the form of incorporation and only after the systematization of general legislation through the publication of the Code of Military Resolutions of 1839, 1859, 1869. Systematization of military legislation of XX–XXI centuries covered an even larger area of military-administrative, military-service, military-combat, civil-military social relations, but the rudimentary influence of the Code of Military Resolutions is preserved in the military statutes and military-criminal acts of Ukraine. Sectoral systematization of military legislation in the form of codification (unified Military Code) or intersectoral - in the field of defense (unified National Defense Code) has no short-term prospects due to weak theoretical and legal and practical-applied development.

Legal aspects of accounting: theoretical foundations and practical implementation

2019 ◽  
Author(s):  
Марина Акатьева ◽  
Marina Akateva
Keyword(s):  
Legal Aspects ◽  
Essential Elements ◽  
Economic Life ◽  
Practical Implementation ◽  
Legal Analysis ◽  
The Rule Of Law ◽  
Legal Nature ◽  
Economic Profile ◽  
The Impact ◽  
Theoretical Foundations

This monographic study is devoted to one of the most pressing problems of the rule of law - to determine the nature and forms of interaction of accounting and legal aspects in the accounting of economic entities. The essential elements of accounting and its methodology, the features of legal analysis of the facts of economic life, the specifics of the practical implementation of professional competences of accounting and legal nature are considered. Considerable attention is paid to determining the impact of risks on the implementation of accounting, its organization and improvement. For researchers, specialists of accounting and economic profile, other specialists, as well as graduate students and students.

scholarly journals THE ROLE OF MEDIA PROPAGANDA IN THE HYBRID WAR

2017 ◽  
pp. 27-43
Author(s):  
B. Yuskiv ◽  
S. Khomych
Keyword(s):  
Regression Model ◽  
Key Words ◽  
Direct Connection ◽  
Military Conflict ◽  
Russian Media ◽  
The Subject ◽  
International Activities ◽  
Hybrid War ◽  
The Military

The subject of this research is one of the most pressing problems of today’s Ukraine – military conflict with Russia, also known as “hybrid war”. Among the specific features of this war is the usage of non-military, especially propaganda means along with the military ones. The aim of the research was to analyze possible connections between the Russian backed separatist forces, as well as Russian special operation forces on Ukrainian East, and the Russian media propaganda. It was proved that separatists’ activities are more influenced by Russian propaganda, than by international activities aimed at peaceful resolving of the conflict. As a result, the reversed regression model was created, which can prove direct connection between the number of firefights and specific propaganda phrases used by Russian “Russia Today” propaganda channel. The model can be used to predict occurrence and the number of firefights by analyzing the propaganda content according to the key words.

scholarly journals Allocation of profit to members of limited liability company and differences in relation to other corporate legal payments

2020 ◽  
Vol 54 (1) ◽  
pp. 215-243
Author(s):  
Vladimir Marjanski
Keyword(s):  
Balance Sheet ◽  
Limited Liability ◽  
Legal Aspects ◽  
Profit Sharing ◽  
Limited Liability Company ◽  
Dividend Payment ◽  
Legal Nature ◽  
Scientific Papers ◽  
The Subject ◽  
Correct Understanding

Given that there is a relatively large number of professional and scientific papers in the domestic scientific literature dealing with the economic issue of dividend payment policy, and that few are devoted to the legal aspects of profit sharing, the subject of this paper will be discussed analysis of the regulation relating to the distribution of profits to members of a limited liability company. Also, since in business practice there is often no correct understanding of the legal nature of the various payments to members of a limited liability company who also originate from the same initial bookkeeping source of funds - balance sheet profit, the work will also make a clear distinction between the payment of profits in relation to other payments of a corporate-legal nature.

Public participation in the preparation of plans and programs: some reflections on the scope of obligations under Article 7 of the Aarhus Convention

2009 ◽  
Vol 6 (4) ◽  
pp. 495-515
Author(s):  
Jerzy Jendrośka
Keyword(s):  
Public Participation ◽  
Legal Issues ◽  
Eu Law ◽  
Legal Analysis ◽  
Aarhus Convention ◽  
Legal Nature ◽  
Scope Of Application

AbstractThe article aims to present the main legal issues related to implementation of the provisions of Article 7 of the Aarhus Convention regarding public participation in the preparations of plans and programs. The analysis is presented against the background of an overview of the legal nature and scope of obligations stemming from the second pillar of the Convention. The article attempts to identify the scope of application of Article 7 and the main elements of the framework for public participation included therein. The legal analysis is based, where appropriate, on the respective opinions of the Aarhus Convention Compliance Committee. The implementation of the Aarhus Convention in EU law will be addressed in this respect in a separate article in the forthcoming issue of the journal.

Civil–Military Relations and Human Rights

2021 ◽  
pp. 0095327X2110068
Author(s):  
Sam R. Bell ◽  
K. Chad Clay ◽  
Ghashia Kiyani ◽  
Amanda Murdie
Keyword(s):  
Human Rights ◽  
Military Leadership ◽  
Human Right ◽  
Principal Agent Theory ◽  
Military Conflict ◽  
Agent Theory ◽  
Civil Military Relations ◽  
Lack Of Control ◽  
Military Relations ◽  
The Military

Do civil–military relations influence human rights practices? Building on principal–agent theory, we argue that civilian–military relations, instead of having an effect on mean levels of repression, will be associated with the dispersion in human rights practices. States where there is less control of the military or more conflict between civilian and military leadership will see a wider range of human rights practices. We test our hypotheses quantitatively on a global sample of countries, using updated data on civil–military relations and find evidence that civil–military conflict and lack of control increase the variance in human right practices.

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