scholarly journals Forms of Realizing the Right to Freedom of Peaceful Assembly

2019 ◽  
Vol 85 (2) ◽  
pp. 31-43
Author(s):  
М. A. Sambor
Keyword(s):  
Public Administration ◽  
Social Economic ◽  
Legal Regulation ◽  
Legal Order ◽  
Optimal Conditions ◽  
Legal Certainty ◽  
Legal Doctrine ◽  
The Subject ◽  
The Right

It has been grounded that the right to freedom of peaceful assembly is a unique right that unites the right and freedom of its realization. The realization of this right by some subjects, as well as the obligation of public administration subjects to create conditions for the unimpeded realization of the right to freedom of peaceful assembly require an understanding of the outer shell (form) of realizing the right to freedom of peaceful assembly. Forms of realizing the right to freedom of peaceful assembly have been studied. It has been substantiated that the realization of this right is not limited to the constitutionally prescribed forms, namely meetings, rallies, marches and demonstrations. Much more forms of realizing the right to freedom of peaceful assembly are contained in subordinate regulatory acts. The legal order in Ukraine, based on a generally acceptable type of legal regulation, reveals a number of new forms, which in their essence are forms of realizing the right to peaceful assembly. On the basis of the analysis of the current legislation and the current legal doctrine, the author has formulated classification features and has conducted classification of the forms of realizing the right to freedom of peaceful assembly. The classification is based on such features as normative and legal certainty (constitutional, normatively defined forms and others), involvement of participants (internal and external forms), mobility (static and dynamic forms), isolation of participants (closed and open forms), venue (gatherings held indoors or outdoors), sphere of interests’ realization (political, social, economic, cultural, sports, etc.). It has been summarized that the forms of realizing the right to freedom of peaceful assembly make it possible to understand the purpose pursued by the subject of realizing this right, and the place of holding a peaceful assembly significantly influences the further mechanism of ensuring its realization, since the combination of the form and content of the right to freedom of peaceful assembly makes it possible to understand the true essence of this right, as well as to adjust measures to ensure its realization in order to create optimal conditions not only for the realization of this right, but also to prevent its abuse. Thus, they guarantee the rights, freedoms and interests of the rest of the population.

scholarly journals Types of guarantees in claim proceedings: a doctrinal approach

2021 ◽  
Vol 7 (1) ◽  
pp. 102-108
Author(s):  
N. N. Tkacheva
Keyword(s):  
Scientific Research ◽  
Legal Regulation ◽  
Civil Procedure ◽  
The Subject ◽  
Rights And Interests ◽  
Theory Of Law ◽  
The Right ◽  
Judicial Protection

In this article, the author examines the guarantees of protection of rights and interests in claim proceedings, to understand the basis of the division of such guarantees into types, the author turns to the theory of law. Using a doctrinal approach, the article examines the classification of guarantees depending on the method of fixing, on their content, the method of ensuring and the form of implementation. Special attention is paid to the issue: what is a criterion of the division of safeguards for the species. Highlighting the subject of legal regulation as a criterion for dividing branches of law, guarantees are classified into constitutional and sectoral guarantees. There are other types of guarantees, depending on the methods of protection of violated or disputed rights - material and procedural guarantees. Attention is drawn to the fact that the study of procedural guarantees for the protection of the rights of citizens and organizations is of particular interest in the science of civil procedure law. Using the method of scientific research, the paper studies the classifications of procedural guarantees proposed by process scientists. Analyzing the content of the right to judicial protection, the author's classification of the guarantee of protection of rights and interests in the claim proceedings is proposed at the end of the article.

scholarly journals ABOUT GAPS IN MORTGAGE LEGAL RELATIONS IN IMPLEMENTATION OF MORTGAGE SUBJECT

2020 ◽  
Keyword(s):  
Legal Regulation ◽  
Court Decision ◽  
Legal Certainty ◽  
Long Time ◽  
The Subject ◽  
The Law ◽  
The Right ◽  
Subjective Rights ◽  
Mortgage Law ◽  
Legal Consequences

The purpose of this article is to identify loopholes in the mortgage law of Ukraine, in particular if the creditor has not properly exercised his or her right to a final court decision to satisfy his / her claims at the expense of the mortgage subject, resulting in violations of subjective rights of the mortgagee. It is noted that in practice, when applying the Law of Ukraine "On Mortgage" of 05.06.2003 № 898-IV outside the sphere of legal regulation of this law there is a question of legal consequences in case the creditor did not use within a certain time his right on the basis of a court decision on satisfaction his claims on the subject of the mortgage, including termination of the mortgage on these grounds. It is noted that the issue is unsettled: whether the debtor has the right to demand termination of the mortgage agreement, if the lender has chosen a way to satisfy his claims precisely by applying the foreclosure for the mortgage through his public auction, which was decided by the court, does not take any action on enforcement of this judgment. It is emphasized that the issue of the possibility of termination of a mortgage obligation as a result of abuse by the creditor of the right to enforce the obligation is important, in particular when the value of the property transferred to the mortgage exceeds considerably the amount of credit debt of the debtor and the mortgagee (the owner of the property) with encumbered property, unable to dispose of it, waiting for a long time to properly execute the court decision. The authors believe that, because of the improper execution of the court decision and the terms of the mortgage agreement, the mortgagee should also bear the burden of liability and certain losses in this case as well. Therefore, to protect the subjective rights of both the mortgagee and the mortgagee, the authors propose to overcome the gap in the Law of Ukraine "On Mortgage" by amending Art. 17. after the second part of the new part reads as follows: "if the mortgagee has not taken any measures to realize the subject of the mortgage for the execution of the judgment". That is, through the introduction of appropriate amendments to the legislation provides legal certainty in the mortgage relationship.

scholarly journals Place of Executive Authorities in the Realization of the Right to Freedom of Peaceful Assembly

2019 ◽  
Vol 87 (4) ◽  
pp. 139-151
Author(s):  
M. A. Sambor
Keyword(s):  
Legal Liability ◽  
Legal Regulation ◽  
Legal Certainty ◽  
National Legislation ◽  
The Subject ◽  
State Of Affairs ◽  
Definition Of ◽  
The Right ◽  
Executive Agency ◽  
Democratic Relations

The issue of realizing the right to freedom of peaceful assembly is one of the most pressing and problematic issues in the development of democratic relations in society. Since the realization of the right to freedom of peaceful assembly implies that the subject of realizing this right has a duty to notify, the purpose of this article is to determine the place of executive authorities while notifying the intention to the realization of the right to freedom of peaceful assembly. The scientific novelty consists in the fact that the article describes the executive agency as the object of notification of the intention to realize the right to freedom of peaceful assembly and the legal regulation of this object in obtaining such notice. In particular, the legal regulation of the powers of executive authorities, as objects of notification of the intention to realize the right to freedom of peaceful assembly and the legislative regulation of the latter to be such objects. The current national legislation of Ukraine does not contain norms that would directly determine the executive authorities as objects of notification of the intention to realize the right to freedom of peaceful assembly. The existing legislative provisions on the object of the notification determine the object in general, using an alternative way of presenting the norm, which does not contribute to legal certainty and predictability. At the same time, this state of affairs, with the definition of the executive authorities as the object of notification, makes it impossible for the timely and complete fulfillment of the obligation of the holder of the right to freedom of peaceful assembly, which may lead to unjustified application of legal liability measures.

scholarly journals Proceedings on administrative lawsuits to remove obstacles and prohibit interference with the exercise of the right to freedom of peaceful assembly: current issues of legal regulation

2020 ◽  
pp. 31-44
Author(s):  
Mykola Sambor
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
The Rule Of Law ◽  
Unlawful Interference ◽  
The Subject ◽  
The Right ◽  
Court Of First Instance ◽  
Qualitative Changes

The right to freedom of peaceful assembly, among others, is characterized by the fact that, in addition to the communicative function caused by human socialization, it is the guarantor of the exercise of other rights and freedoms from unjustified interference in the private legal sphere of the subjects of public administration. Given the procedural guarantees outlined above, ensuring the exercise of the right to freedom of peaceful assembly is crucial not only for the right, but also for the legal order in the country. The analysis of administrative procedural guarantees, in the form of the respective rights of the subject of exercise of the right to freedom of peaceful assembly and the rights and duties of representatives of the subjects of public administration, gives grounds for the conclusion that the legislator puts the representatives of public administration in a condition where the latter have priority conditions vis-à-vis defendants - subjects of the exercise of the right to freedom of peaceful assembly. As a result, the procedural issues and guarantees for removing obstacles and prohibiting interference with the exercise of the right to freedom of peaceful assembly in the norms of the Code of Administrative Judiciary of Ukraine are completely vague. In addition, a number of concepts that impede the exercise of the right to freedom of peaceful assembly are an alternative both to criminal liability and to judicial action. Even an appeal against a decision of a court of first instance in cases of administrative actions for the removal of obstacles and prohibition of interference with the exercise of the right to freedom of peaceful assembly is recognized as an appeal against the decision of the administrative court to establish restrictions on the exercise of the right to freedom of peaceful assembly. We are convinced that the norms of the Code of Administrative Judiciary of Ukraine require qualitative changes regarding the creation of guarantees for the exercise of the right to peaceful assembly from unwarranted and unlawful interference by public administration entities based on the fundamental principles of the rule of law, respect for human rights and freedoms. Keywords: right to freedom of peaceful assembly, removal of restrictions, procedural guarantees.

scholarly journals Funkcje mediacyjne realizowane przez mediatora w trakcie mediacji. Wybrane zagadnienia

2018 ◽  
Vol 27 (3) ◽  
pp. 73
Author(s):  
Marzena Myślińska
Keyword(s):  
Legal Regulation ◽  
Professional Role ◽  
Legal Order ◽  
Mediation Process ◽  
Legal Relationship ◽  
The Social ◽  
Key Issues ◽  
The Subject ◽  
The Impact

<p>The subject of this article is the analysis of the activity undertaken during mediation in the context of the characteristics of the mediation process and the normative conditions of the legal relationship and disputes resolved through this form of ADR. In order to implement the project, the content of the work will contain a list of functions performed by the mediator during mediation as ‘the environment for performing the role’ (which is not closed due to the dynamics of interaction in the negotiations). Their character and content determine the nature of the social and professional role of mediators in the Polish legal order, it also allows us to illustrate in detail the key issues for reflection on the professional role, including, for example, legal liability and conflict of roles. Mediation functions are diversified in terms of the frequency of their implementation depending, among other things, on the strategy of conducting mediation, the specificity of the dispute and the legal regulation of mediation. The discussion of the last of the indicated differentiating factors (i.e. the impact of universally binding law) will be reflected in the content of the paper.</p>

scholarly journals Methods of big data definition: Russian and foreign experience

2021 ◽  
pp. 143-157
Author(s):  
Kseniia Antipova
Keyword(s):  
Big Data ◽  
Russian Federation ◽  
Personal Data ◽  
Legal Regulation ◽  
The European Union ◽  
Legal Doctrine ◽  
Original Definition ◽  
Data Definition ◽  
The Russian Federation

This article explores the main approaches of Russian and foreign authors towards big data definition; reflects the classification of data, components of big data; and provides comparative characteristics to legal regulation of big data. The subject of this research is the legislation of the Russian Federation and legislation of the European Union that regulate the activity on collection, processing and use of big data, personal data and information; judicial and arbitration practice of the Russian Federation in the sphere of personal data; normative legal acts of the Russian Federation; governmental regulation of the Russian Federation and foreign countries in the area of processing, use and transmission of data; as well as legal doctrine in the field of research dedicated to the nature of big data. The relevance of this research is substantiated by the fact that there is yet no conceptual uniformity with regards to big data in the world; the essence and methods of regulating big data are not fully explored. The goal of this research is determine the legal qualification of the data that comprise big data. The task lies in giving definition to the term &ldquo;big data&rdquo;; demonstrate the approaches towards determination of legal nature of big data; conduct &nbsp;classification of big data; outline the criteria for distinguishing data that comprise the concept of big data; formulate the model for optimal regulation of relations in the process of activity on collection, processing, and use of the data. The original definition of big data in the narrow and broad sense is provided. As a result, the author distinguishes the types of data, reflects the legal qualification of data depending on the category of data contained therein: industrial data, user data, and personal data. Attention is also turned to the contractual form of big data circulation.

scholarly journals MEDICAL AND PROCEDURAL-LEGAL ASPECTS OF INPATIENT AND OUTPATIENT FORENSIC PSYCHIATRIC EXAMINATION

2020 ◽  
Vol 73 (7) ◽  
pp. 1533-1538
Author(s):  
Sandra Kaija ◽  
Inga Kudeikina ◽  
Nataliya Gutorova
Keyword(s):  
Medical Practitioner ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Civil Procedure ◽  
Legal Doctrine ◽  
Psychiatric Examination ◽  
Legal Norms ◽  
The Subject ◽  
Forensic Psychiatric

The aim: The aim of the study is to define the legal framework of forensic psychiatric examination commissioned by the court in relation to the competence of medical practitioners and the position of the subject as a patient in the process of forensic psychiatric examination in order to determine the correlation of special legal regulation with criminal and civil procedure regulation and to make proposals for the enhancement of the legal regulation. Materials and methods: This study is based on the analysis of international law, medical civil procedure and criminal procedure legislation, juridical practice, medical law legal doctrine. The following methods were used in this research: the method of interpretation of legal norms, analysis of legal acts, and the induction-deduction method, upon which the conclusions were drawn and recommendations were provided. Conclusion: The current regulatory framework does not provide for the procedure by which the subject’s medical treatment is conducted during forensic psychiatric examination, nor does it determine the criteria for the admissibility of treatment of the persons concerned and the extent of treatment. During the examination, the medical practitioner who is in the expert’s procedural position in relation to the subject under examination in the particular examination should not carry out the treatment of the subject.

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.

The Principle of Legal Certainty: whether there Can Be Gaps in the Public Law?

2020 ◽  
Vol 2(22) ◽  
pp. 29-36
Author(s):  
Maria A. Kapustina
Keyword(s):  
Social Relations ◽  
Real Life ◽  
Legal Regulation ◽  
Public Law ◽  
Legal Order ◽  
Social Regulation ◽  
Legal Certainty ◽  
The Public ◽  
Legal Literature ◽  
The Moment

Legal regulation is caused by the necessity to provide legal order of social regulation. The legal order of regulation is provided by formal legal certainty of regulatory provisions (legal prescripts) and their legal substance. However, there exist relations, whose content, namely, subjective rights and juridical responsibilities of the parties are not strictly prescribed in the legislative norms. Because a legislator cannot foresee all the variety of social relations that may occur in real life and prescribe their formal and legal substance in corresponding legislative acts. In such cases, we usually talk about gaps in law, about the uncertainty of legal regulation. Gaps are taken for granted, considered as an obligatory element of any legal system. Nonetheless, whether there can be gaps in the public law, if in the public law sphere norms are created purposively? In public law, norms are created purposefully (with a goal in mind), public law institutions are artificially established and rationally modernized. The lack of a norm of a statute can mean the refusal of the legislator to legally regulate the question, at least at the moment. This is so-called in legal literature “qualified silence of the legislator” that should not be considered as a gap in law.

On the issue of fiscal commissions

2021 ◽  
pp. 12-18
Author(s):  
Olga Rusakova
Keyword(s):  
Preventive Measures ◽  
Tax Administration ◽  
Legal Certainty ◽  
Tax Base ◽  
Normative Framework ◽  
Tax Legislation ◽  
The Future ◽  
The Subject ◽  
The Right ◽  
Mutual Agreement

The subject of this research is the recently emerged form of tax administration in form of fiscal commissions on legalization of the tax base. Currently, taxpayers are summoned to the tax inspectorate by notification to provide clarification on transactions with problem counterparties. The author examines the existing normative framework for conducting such fiscal commissions, and concludes on the lack of legal certainty of such measures. Special attention is given to the typical mistakes of tax authorities in registration of the taxpayer&rsquo;s summons to the commissions or in holding such commissions. The main conclusions lies in the theses on the lack of legal certainty of fiscal commissions, which requires making amendments to the current tax legislation. Along with the proposal supported by the author to establish the right of tax authorities to send information notice (reasoned opinion) to the taxpayers, the author believes that such form of preventive measures by the tax authority would be maintained in the future, which in turn requires to legislatively establish the actions of the taxpayer in response to the received reasoned proposal, similar to such mutual agreement procedures present in tax monitoring.

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