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 Key issues of legal regulation of the supplementary protection of inventions in the field of pharmacy in the national legislation of Ukraine

2021 ◽  
pp. 111-119
Author(s):  
Anastasiia Homeniuk
Keyword(s):  
Medicinal Product ◽  
Legal Regulation ◽  
National Legislation ◽  
Basic Patent ◽  
Utility Models ◽  
Key Issues ◽  
The Subject ◽  
The Law ◽  
One Year ◽  
Definition Of

Keywords: supplementary protection certificate, basic patent, procedure for obtainingsupplementary protection certificate Key issues of legal regulation of the supplementary protection of inventionsin the field of pharmacy in the national legislation of UkraineThe article is devoted to the study of key issues of legal regulation of supplementaryprotection of inventions after the adoption of the Law of Ukraine «On Amendmentsto Certain Legislative Acts of Ukraine on Patent Legislation Reform» in the absenceof bylaws to regulate the procedure for issuing supplementary protection certificates.The study also highlights the main shortcomings and gaps in the regulation ofcertain issues of application of supplementary protection certificates in the currentLaw of Ukraine «On protection of rights to inventions and utility models.»The author in details analyses European Union approaches to definition of thesubject matter of the supplementary protection, providing criteria which are recommendedto use in order to decide whether the product is covered by the basicpatent in force. Also, the paper is focusing on the issues related to verification ofdata and materials provided together with the application for a certificate — suchas whether the requirement that the medicinal product must be submitted formarketing authorization in Ukraine no later than during one year after it’s first marketing authorization in the world, whether the authorization provided is thefirst authorization in Ukraine, etc.Another problem which is highlighted in the study is the application of the rule tosubmit the petition for obtaining supplementary protection to those patents and marketingauthorizations which were issued before the amendments to the Law came inforce, as this question remained unresolved due to the lack of transitional provisionsin the Law. Also author points out the necessity to align the provisions of the Article271 of the Law of Ukraine «On Protection of Rights to Inventions and Utility Models»regarding the definition of the subject matter of supplementary protection in accordancewith patent legislation by excluding application of the medicinal product fromthe list as it is not patentable according to Ukrainian law. In addition, the author emphasizedthe urge to adopt relevant bylaws (procedure) regulating the issue of certificatesof supplementary protection.

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 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.

PERCEPTION OF THE ENTITY'S SECURITY

2020 ◽  
Vol XIII ◽  
pp. 1-2
Author(s):  
Jerzy Kupiński
Keyword(s):  
The State ◽  
Subjective Perception ◽  
Conceptual Apparatus ◽  
The Subject ◽  
State Of Affairs ◽  
Definition Of ◽  
The Right ◽  
Perception Of Security

The article analyzes the definition of security as the state of affairs in which the subject is located. Attention was focused on objective and subjective perception of security. On the basis of the quoted views, an attempt was made to create a conceptual apparatus enabling the assessment of safety states and danger in correlation with the right and wrong perception of the subject of perceiving opportunities and threats to its environment

Typologization of security regulation

2020 ◽  
pp. 20-27
Author(s):  
Denis Tikhomirov
Keyword(s):  
Social Relations ◽  
Scientific Literature ◽  
Legal Regulation ◽  
Procedural Understanding ◽  
Limited Ability ◽  
Methodological Basis ◽  
Wide Range ◽  
The Subject ◽  
Definition Of ◽  
Legal Understanding

The purpose of the article is to typologize terminological definitions of security, to find out the general, to identify the originality of their interpretations depending on the subject of legal regulation. The methodological basis of the study is the methods that made it possible to obtain valid conclusions, in particular, the method of comparison, through which it became possible to correlate different interpretations of the term "security"; method of hermeneutics, which allowed to elaborate texts of normative legal acts of Ukraine, method of typologization, which made it possible to create typologization groups of variants of understanding of the term "security". Scientific novelty. The article analyzes the understanding of the term "security" in various regulatory acts in force in Ukraine. Typological groups were understood to understand the term "security". Conclusions. The analysis of the legal material makes it possible to confirm that the issues of security are within the scope of both legislative regulation and various specialized by-laws. However, today there is no single conception on how to interpret security terminology. This is due both to the wide range of social relations that are the subject of legal regulation and to the relativity of the notion of security itself and the lack of coherence of views on its definition in legal acts and in the scientific literature. The multiplicity of definitions is explained by combinations of material and procedural understanding, static - dynamic, and conditioned by the peculiarities of a particular branch of legal regulation, limited ability to use methods of one or another branch, the inter-branch nature of some variations of security, etc. Separation, common and different in the definition of "security" can be used to further standardize, in fact, the regulatory legal understanding of security to more effectively implement the legal regulation of the security direction.

Wolfgang and Petra Lubitz, eds., Trotsky Bibliography: An International Classified List of Publications about Leon Trotsky and Trotskyism 1905–1998. Third completely revised and enlarged edition. Vols. 1–2. Munich: K. G. Saur, 1999. 840 pp. DM 368 cloth.

2001 ◽  
Vol 60 ◽  
pp. 232-233
Author(s):  
Gerd Callesen
Keyword(s):  
The Subject ◽  
Leon Trotsky ◽  
State Of Affairs ◽  
Definition Of ◽  
Political Value ◽  
Broad Approach

This bibliography is quite an impressive effort. It is extensive, thorough, structurally sound, and contains excellent indexes. In short, it is a truly useful tool for anyone who, for scholarly or political reasons, takes an interest in Trotsky and Trotskyism. Of course, the definition of Trotskyism is somewhat blurred; too many people have used the concept subjectively, either with positive or negative connotations, for it to signify anything unambiguous. The Lubitzes have done their utmost to remedy this state of affairs by disregarding sectarian restraints and by choosing a broad approach to the subject; they have even gone to the extreme of including some anti-Trotskyist effusions of no real scholarly or current political value.

scholarly journals CONTRADICTIONS BETWEEN SCIENTIFIC TERMINOLOGY AND THE TERMINOLOGY OF THE LEGISLATION ON THE DEFINITION OF SUBJECTS AND PARTICIPANTS IN THE ADMINISTRATIVE PROCESS

2019 ◽  
pp. 70-73
Author(s):  
I. L. Zheltobriukh
Keyword(s):  
Law Enforcement ◽  
Administrative Law ◽  
Public Law ◽  
Administrative Process ◽  
Scientific Terminology ◽  
Procedural Law ◽  
The Subject ◽  
State Of Affairs ◽  
Definition Of ◽  
Enforcement Activity

This paper explores the existing contradictions between the scientific terminology and the terminology of legislation regarding the definition of subjects and participants in the administrative process. It is noted that acquaintance with the scientific and educational- methodological literature shows that even today there is no clear justification of the relation between the terms “subject of administrative process” and “participant of administrative process”. The main reason for this state of affairs is due to differences in the laws of development of national administrative procedural legislation and the laws of development of science of administrative procedural law. It is concluded that there is a long-standing need to offer the scientific community and practitioners such a concept of relation between the terms “subject of administrative process” and “participant in administrative process”, which would reconcile the contradictions of the otological and epistemological terminology used in the CAS. The necessity to use in the science of administrative law and process justifies the concept according to which the administrative process should be considered as law enforcement activity of administrative courts related to the consideration and resolution of public law disputes. In such a case, the administrative court will always be the subject of the administrative court, whereas the parties, third parties, representatives, assistant judge, court secretary, court administrator, witness, expert, law expert, translator, specialist are only participants in the administrative process that is, persons involved in the enforcement of administrative law.

scholarly journals THE RIGHT TO CLONE: SOME ASPECTS OF THE CONTEMPORARY DISCOURSE

2020 ◽  
Vol 73 (3) ◽  
pp. 597-602
Author(s):  
Anatoliy M. Potapchuk ◽  
Tereziia P. Popovych ◽  
Yevhen Ya. Kostenko ◽  
Yana O. Baryska ◽  
Vasyl V. Levkulych
Keyword(s):  
Legal Regulation ◽  
Therapeutic Cloning ◽  
Unresolved Issue ◽  
Therapeutic Activity ◽  
Law And Order ◽  
Reproductive Cloning ◽  
National Legislation ◽  
General Scientific ◽  
The Right

The aim: The paper aims to analyze some aspects of the contemporary discourse which concern the determination of the content and specificity of the right to clone. It also outlines the main trends in the development of legal regulation of cloning within international and national law and order. Materials and methods: Methodologically, this work is based on the system of methods, scientific approaches, techniques and principles with the help of which the realization of the research aim is carried out. There have been applied universal, general scientific and special legal methods. Conclusions: Regarding the findings of the study it is necessary to note the following. First, if there is a shared negative vision of the feasibility of reproductive cloning in general, which is enshrined in international and national legislation, the need for therapeutic cloning remains an unresolved issue. Secondly, medicine advances and accordingly sees new perspectives and innovative developments in the field of therapeutic activity, in particular, related to the results of therapeutic cloning, which can help in the fight against incurable diseases. Hence, there is the necessity of further research aimed at the improvement of the existing mechanisms for implementing therapeutic cloning, and determining its limits and procedural aspects.

THE NOTION OF THE SYSTEM OF CIVIL PROCEDURAL LAW

2021 ◽  
Vol 11 (4) ◽  
pp. 13-26
Author(s):  
V.M. SHERSTYUK
Keyword(s):  
Internal Structure ◽  
Legal Regulation ◽  
Point Of View ◽  
Entire System ◽  
Procedural Law ◽  
The Subject ◽  
Definition Of ◽  
Constituent Elements

The study puts forward the thesis that the basis for the allocation of structural subdivisions of civil procedural law is mainly the subject of legal regulation. The complex internal structure of the system of this branch of law is due primarily to the diversity of civil procedural relations that constitute the subject of regulation of this branch of law. The work reveals the essential features of the concept of “system of civil procedural law”, defines the grounds for its structural subdivisions and their composition, gives the definition of this category. In particular, the author has formulated the idea that the system of civil procedural law is an internally coordinated set of civil procedural rules, institutions and other relatively independent structural subdivisions of this branch of law, naturally interconnected into a single whole due to the unity of civil procedural relations. Also in this study the point of view is expressed that each level of the system, as well as the entire system of civil procedural law as a whole, is characterized not only by typical features of its constituent elements, but also by their typical, regular relationships that constitute its structure.

UPOREDNI PRIKAZ HRVATSKOG I SLOVENAČKOG PRAVA GRAĐENjA

Glasnik prava ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 35-51
Author(s):  
Edina Kočan
Keyword(s):  
Property Rights ◽  
Legal Systems ◽  
Legal Analysis ◽  
The Third ◽  
Conceptual Definition ◽  
The Subject ◽  
The Republic ◽  
Construction Law ◽  
Definition Of ◽  
The Right

The author presents a comparative legal analysis of the segments of construction law in Croatian and Slovenian law, with the aim of pointing out the differences that exist between them. Considering that this is a relatively new legal institute, which was somewhat earlier standardized in Slovenian law in relation to Croatian law, in the introductory exposition, a brief review was made of the occurrence of the construction law and the reasons for earlier non-regulation. The second part of the paper is dedicated to the stipulations of Act on ownership and Property Code of the Republic of Slovenia. This part refers to the conceptual definition of the construction law, in order to classify it in a certain broader unit, to which it belongs - genus proximum - searching for the closest relative, emphasizing the important characteristics that make it specific in relation to other property rights. In the third part of the paper, the author analyses the stipulations related to the subject of building rights, with reference to the dilemmas that exist in that sense, both in Croatian and Slovenian jurisprudence, as well as in the legal science of some other countries. The fourth part of the paper is dedicated to the stipulations that regulate the acquisition and duration of construction rights. Considering that derivative acquisition, among other things, characterizes the existence of bases and ways of acquisition, first possible bases of acquisition are presented, and then entry in appropriate public books as a way of acquiring this right and its duration. The concluding part of the paper summarizes the results of the analysis and evaluates the considered legal solutions, with the presentation of reasoned objections to the existing regulations, all with the aim of eventual amendment of the right to build in the legal systems in question.

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