scholarly journals PROGRESSIVE SYSTEM OF EXECUTION OF DETENTION OF FREEDOM AND PROSPECTS OF ITS APPLICATION IN KAZAKHSTAN

2020 ◽  
Vol 2020 (1) ◽  
pp. 47-62
Author(s):  
Skakov А. B. ◽  
Keyword(s):  
Legal Status ◽  
Criminal Policy ◽  
General Rule ◽  
Legal Regulation ◽  
Correctional Institution ◽  
Educational Impact ◽  
Positive Degree ◽  
Detailed Classification ◽  
Definition Of

The article formulates the author`s definition of the progressive system: “The progressive system is a complex intersectoral institution of criminal and criminal and executive law, including several independent institutions, in the process of applying which the legal status of the convict changes depending on the degree of its correction in the direction of either expansion or restriction of the volume of his rights”. It is noted that in the current legislation, with the establishment of a general rule on various conditions for serving a sentence within one correctional institution, the progressive system has acquired a completely finished form and can be considered the basis of all punitive and educational impact on convicts. The need for a more detailed classification of positively characterized convicts has been also actualized. In this case, each positive degree of behavior of convicts must correspond to certain conditions of detention and institutions of the progressive system, namely: upon reaching the 1st positive degree, the convict is kept in the usual conditions of a correctional institution (the institution of changing conditions of detention within one correctional institution); at the 2nd positive degree – transferred to lighter conditions of detention; at the 3rd positive degree – transferred to preferential conditions of detention; upon reaching the 4th positive degree – transferred to an institution of another type; at the 5th positive degree – the institution of replacement of punishment is applied; at the 6th positive degree – parole of the convicted person is possible. A proposal regarding the release of the court from the function of changing the process of executing the sentence has been formulated, in order to entrust it to the supervisory commissions created at the correctional institution. The court will only appoint the type of punishment, and the execution of the court`s decision should be entrusted to the Committee of the Penitentiary System and the Supervisory Commission. In this case, the commission collectively decides on the application of all the institutions of the progressive system, up to the institution of parole. The necessity of further improvement of legal regulation of the process of execution of punishments, alternative to imprisonment, according to the progressive system is substantiated. Key words: criminal policy, humanization, deprivation of liberty, punishments alternative to imprisonment, progressive system of execution of imprisonment, conditions of detention, behavior of convicts.

On the Prospects for the Development of the Execution of Criminal Sentences and Probation in the Republic of Kazakhstan

2021 ◽  
pp. 120-127
Author(s):  
Aydarkan B. Skakov ◽  
Keyword(s):  
Legal Status ◽  
Correctional Facility ◽  
General Rule ◽  
Light Confinement ◽  
Positive Degree ◽  
Detailed Classification ◽  
Penal Law ◽  
Complete Form ◽  
The Republic

The progressive system is a complex interdisciplinary institution of criminal and penal law, which includes several independent institutions, In applying them, the legal status of the convict changes depending on the degree of their correction: the scope of their rights is either expanded or limited. In the current legislation, with the establishment of a general rule on various conditions for serving a sentence within one correctional facility, the progressive system has acquired a complete form and can be considered the basis of all punitive and educational influence on convicts. Currently, there is an urgent need for a more detailed classification of positively characterised convicts. Each positive degree of convicts’ behaviour must correspond to certain confinement conditions and to a certain institution of the progressive system, namely: upon reaching Positive Degree 1, the convict is kept in the usual conditions of a correctional facility (an institution for changing confinement conditions within one correctional facility); upon reaching Positive Degree 2, the convict is given light confinement conditions; upon reaching Positive Degree 3, the convict is given preferential confinement conditions; upon reaching Positive Degree 4, the convict is transferred to a facility of a different type; upon reaching Positive Degree 5, the institution of change of punishment is applied; upon reaching Positive Degree 6, parole of the convicted person is possible. It is necessary to release the court from the function of changing the process of executing the sentence and give this function to the supervisory commissions created at the correctional facility. The court will only appoint the type of punishment, and the execution of its decision should be entrusted to the Committee of the Penitentiary System and the Supervisory Commission. In this case, the commission collectively decides on the application of all the institutions of the progressive system, up to the institution of parole. The appointment and execution of probation is also decided on by the supervisory commission.

scholarly journals Legal regulation and organization of the activities of parental committees in the FPS of Russia educational colonies

2021 ◽  
Vol 230 (7) ◽  
pp. 32-42
Author(s):  
ELENA V. KHRABROVA ◽  
◽  
EVGENIA V. CHERNYSHENKO ◽  
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Educational Impact ◽  
Educational Work ◽  
Penal Law ◽  
Definition Of ◽  
Questionnaire Method ◽  
Method Analysis ◽  
Positive Effect

The article shows the importance of parental committees in educational work with juveniles sentenced to imprisonment, examines the current problems of legal regulation of the activities of parental committees in educational colonies of the Federal Penitentiary Service and suggests ways to solve them. The article is devoted to statistical data, domestic penal legislation, scientific literature on the topic of the article, the experience of educational colonies in organizing parental committees. The purpose of the study is to substantiate the high importance of the parental committees’ activities in the work with convicted juveniles, to highlight some of the gaps currently existing in the penal legislation that reduce the effectiveness of parental committees in educational work with convicted juveniles, to formulate specific amendments to the current regulatory legal acts. The methodological basis of the research was the statistical method, analysis, synthesis, induction, system-structural, formallogical methods, and the questionnaire method. As a result of the work carried out, the role of parental committees in educational work with juveniles sentenced to imprisonment is shown; the domestic penal legislation is analyzed from the perspective of organizing the activities of parental committees in educational colonies; a survey among the employees of 18 educational colonies is conducted; proposals improving the legislation on the organization of the parental committees’ activities in educational colonies are formulated. It has been established that a more precise definition of the legal status of parental committees will contribute to defining the rights and obligations of members of parental committees, which will have a positive effect on the effectiveness of their work in providing educational impact on juvenile convicts and assisting the administration in organizing the educational work. These decisions will have a positive effect on the organization of the process of reforming juvenile convicts in educational colonies of the FPS of Russia. Conclusions are drawn about the importance of defining the legal status of parental committees in educational colonies, the procedure for their formation, terms of functioning, the rights and obligations of members of parental committees, normative consolidation of requirements for their composition.of criminal and penal law, to the practical activities of courts, as well as institutions and bodies that execute criminal sentences. Keywords: educational work with convicts, parental committee, educational colonies of the FPS of Russia, juveniles sentenced to imprisonment, forms of educational work.

scholarly journals Prospects for developing the legal regulation of digital platforms

2021 ◽  
Vol 18 (1) ◽  
Author(s):  
Elena Anatolyevna Kirillova ◽  
Teymur El'darovich Zulfugarzade ◽  
Oleg Evgenyevich Blinkov ◽  
Olga Aleksandrovna Serova ◽  
Irina Aleksandrovna Mikhaylova
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Business And Society ◽  
Legal Regime ◽  
Public And Private ◽  
Digital Platforms ◽  
The Public ◽  
The One ◽  
Definition Of

The study considers the prospects for the legal regulation of public and private digital platforms. Digital platforms have replaced linear businesses and changed economic principles. The transition to digital technologies in the economy, business, and society substantiates the need for their legal regulation. The study aims at considering the legal status of public and private digital platforms, developing a new conceptual framework, determining the key features of digital platforms, and analyzing the prospects for developing legal regulation in this area. The paper compared management contexts in the public and commercial sectors. With the help of the generalization method, criteria for a new classification of digital platforms were proposed. The article used such methods as analysis, synthesis, deduction, and induction. The study represents a new definition of digital platforms, classifies them, and concludes that the introduction of special regulation of public and private digital platforms might require preliminary approbation, for example, in the form of an experimental legal regime. To ensure the comprehensive regulation of the activities of digital platforms, it is necessary to adopt international concepts that would allow creating uniform terms and principles. At the same time, regulation should consider the specifics of the existing regulation. On the one hand, it will be based on the dispositive method; on the other hand, it will be built over the imperative method.

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

PATENT PROTECTION OF SCIENTIFIC RESULTS AND ARTIFICIAL INTELLIGENCE: PROBLEMS AND CHALLENGES

2020 ◽  
pp. 36-43
Author(s):  
Daria Ponomareva ◽  
◽  
Alexander Barabashev ◽  
Keyword(s):  
Artificial Intelligence ◽  
Patent Protection ◽  
Legal Status ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Foreign Law ◽  
Scientific Results ◽  
Will Force ◽  
Definition Of ◽  
Artificial Intelligence Systems

This article is devoted to the legal problems associated with the provision of patent protection for the results of scientific activities created by artificial intelligence systems. The authors explore the approaches formulated by doctrine and practice in relation to objects created by robotic systems, computer technology and AI. The problem of the relationship between patent protection of the results of scientific (scientific and technical) activities and artificial intelligence systems is becoming more and more urgent. Modern AI systems are quite capable of creating inventions that are the result of the application (use) of the cognitive (thinking) abilities of a person, that is, such inventions can be patentable. There is no doubt that the increasingly active introduction of AI systems will force national legislators to reconsider the definition of the term “inventor.” In Russian legislation, the issue of patent protection of inventions created by AI is currently not resolved. The review of the state of legal regulation of patent protection of the results of scientific activity (first of all, inventions) created by AI systems, presented in the article, indicates the absence of clear rules both in Russian and foreign law (using the example of individual jurisdictions) regarding the determination of the legal status of this kind. objects and the person who has exclusive rights in relation to them. The use of already existing legal constructions by analogy, as well as the borrowing of foreign experience, can only temporarily solve the issue of patent protection of the results of scientific activity created with the help of AI.

UNITY AND DIFFERENTIATION OF LEGAL REGULATION OF LABOR RIGHTS OF EMPLOYEES OF THE PROSECUTOR'S OFFICE

2017 ◽  
Author(s):  
Leonid Mohilevskyi ◽  
◽  
Olha Sіevidova ◽  
Keyword(s):  
Legal Status ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Work Activity ◽  
Theoretical Approaches ◽  
Labor Legislation ◽  
Protection Of Human Rights ◽  
Definition Of

The Public Prosecutor's Office in Ukraine plays a major role in the protection of human rights and freedom, of general interests of the society and the country, and in the strengthening of law and order, thus facilitating the establishment and development of the democratic constitutional state. The effectiveness of performing the duties put onto the prosecution of Ukraine is directly dependent on the prosecutor's offices' employees that are empowered to fulfill their professional responsibilities. The legal status of an employee of a prosecutor's office is specified in the Law of Ukraine “On Public Prosecutor’s Office”. Although, some aspects of these employees' work activity are normalised in the general labor law. This expresses the principle of unity and differentiation of the legal regulation of prosecutor's office's employee's labor relations. This article researches theoretical approaches to the definition of the concepts "unity" and "differentiation". The unity of the legal regulation of labor relations is manifested in the legally established equality of all employees. Differentiation is not opposed to the principle of unity, but takes into account the characteristics of different categories of workers and working conditions to ensure equality. The relationship between the general labor law and the special law on the prosecutor's office regarding the adjustment of the labor rights of the employees of Ukraine's prosecutor's offices had been analysed. The key to effective legal regulation of labor rights of employees of the prosecutor's office of Ukraine is compliance with unity and differentiation. It had been determined that the differentiation of the legal regulation of prosecutor's office's employee's labor rights determines the mandatory and priority application of the special legislation norms. In turn, the unity of the legal regulation of prosecutor's office's employee's labor rights determines the subsidiary usage of labor legislation norms in cases of an employee's individual labor rights not being determined in the special law on Public Prosecutor's Office. Unification of labor law norms governing the labor activity of this category of workers will make it possible to achieve an optimal balance of unity and differentiation.

scholarly journals Legal status of subjects carrying out independent financial control in Ukraine

2019 ◽  
Author(s):  
O. Dmytryk
Keyword(s):  
Financial Reporting ◽  
Legal Status ◽  
Legal Regulation ◽  
Professional Organization ◽  
Financial Control ◽  
Financial Policy ◽  
Successful Implementation ◽  
Main Body ◽  
Professional Self ◽  
Definition Of

Problem setting. The importance of financial control in the formation of market relations is significantly increasing, because such control contributes to the successful implementation of the financial policy of the state, ensuring the proper formation, distribution (redistribution) and the use of funds accumulated in public funds. In addition, it should be noted that financial control is a means of regulating economic activity. In this context, legal support for financial control is of great importance. Independent financial control is a form of non-governmental financial control that can be exercised by specialized organizations – audit firms or auditors. It is significant that Ukraine recently adopted a law regulating the procedure for auditing and conducting financial audits. It is the Law of Ukraine “On Audit of Financial Reporting and Auditing” № 2258-VIII of December 21. 2017, which came into force on 1 October. 2018. Analysis of recent researches and publications. We emphasize that the study of the concept of “financial control”, the definition of its types, forms and methods, as well as the legal status of the entities that carry it out, were engaged in the following scientists: L. K. Voronova, О. P. Hetmanets, T. A. Zhadan, M. P. Kucheryavenko, P. P. Latkovsky, Yu. A. Mandrychenko, L. A. Savchenko and others. However, changes in the legal regulation of financial control, issues related to the consolidation of the legal status of entities exercising independent financial control need to be examined in detail. Therefore, the purpose of the article is to analyze the legal status of entities exercising independent financial control in Ukraine. Article’s main body. In the article the author reveals the peculiarities of the legal status of the Audit Chamber of Ukraine as a subject of independent financial control in Ukraine. Іt can be stated that the Audit Chamber of Ukraine, which is a professional organization, is a direct participant in the relations related to the organization and implementation of independent financial control, in particular, audit control. Given the compulsory nature of acquiring membership in the AСU, the statutory purpose and activities of this organization, this organization can not be considered public. Conclusions and prospects for the development. It is stated that the legal status of the specified entity is characterized by a certain multidimensionality. In particular, the Audit Chamber of Ukraine is a professional, self-regulatory organization that is authorized to perform public functions and is managed through specially created bodies. The above shows that the current legislation of Ukraine reflects a new approach to the regulation of independent financial control, in particular by defining the powers, rights and duties of the Audit Chamber of Ukraine.

scholarly journals Legal status of cryptocurrency in Asian countries

2021 ◽  
Vol 66 ◽  
pp. 96-102
Author(s):  
V.M. Logoida
Keyword(s):  
Civil Rights ◽  
Government Regulation ◽  
Legal Status ◽  
Legal Regulation ◽  
Intangible Asset ◽  
Asian Countries ◽  
Legal Nature ◽  
Liberal Approach ◽  
Definition Of ◽  
Almost All

The article is devoted to the study of the experience of legal regulation of the legal status of cryptocurrencies and transactions with them in Asian countries (except for the People's Republic of China and Asian countries - members of the Commonwealth of Independent States, as the author examined them in separate publications). In the article the author, based on the study of regulations, administrative and judicial practice of all major countries in this part of the world, emphasizes the divergent trends in cryptocurrency transactions regulation in the region, when some countries move from a liberal approach to the use of cryptocurrencies to their total ban and vice versa. It is noted that almost all countries in the region give a legal assessment of the payment function of cryptocurrencies, using regulatory or prohibitive approaches, depending on the chosen policy, which indirectly confirms their understanding of the legal nature of cryptocurrencies primarily as a means of payment. At the same time, these countries not only categorically distinguish cryptocurrencies from fiat money issued by central banks, but also mostly avoid the official definition of cryptocurrency as private (decentralized) cash, preferring to qualify them as an intangible asset, virtual asset, digital asset, financial value and even a good or service, which is currently a kind of compromise between political expediency and economic realities. The author also notes that the Asian region is characterized by very active attempts to resolve the legal status of cryptocurrencies at the legislative level, and not just administrative or judicial response to the actual legal relationship, although the progress of different countries in this matter is different. As a result, the author concludes that in the Asian countries considered in the article, there is no same view on the legal nature of cryptocurrency, its qualification as an object of civil rights, and ways to regulate transactions with it (libertarian approach, positive-cryptocurrency approach but with detailed government regulation and control or a completely restrictive policy in relation to the cryptocurrency market).

scholarly journals Legal regulation of practices of the police as an entity in charge of preventing and combating corruption in Ukraine

2021 ◽  
Vol 39 (69) ◽  
pp. 735-755
Author(s):  
Lina M. Tovpyha ◽  
Igor D. Pastukh ◽  
Tetiana Yu. Tarasevych ◽  
Serhii V. Bondar ◽  
Oksana V. Ilina
Keyword(s):  
Regression Analysis ◽  
National Security ◽  
Legal Status ◽  
Legal Regulation ◽  
Analysis Method ◽  
The World ◽  
Comprehensive Development ◽  
Definition Of ◽  
National Police ◽  
Police Practices

This article deals with the legal regulation of the practices of the police as an entity responsible for preventing and combating corruption. The study shows that corruption is becoming increasingly widespread, creating major obstacles to the comprehensive development of the economy and national security of any state. The objectives of this study were to clarify the problematic aspects of the legal regulation of police practices as an entity responsible for preventing corruption, to identify positive international experience in this area and to clarify its implementability in Ukraine. The corruption perceptions index regression analysis method was applied in 12 different countries around the world for 2018 and 2019. On the basis of the analysis, the authors propose to amend Ukrainian legislation with regard to the definition of the legal status of police practices as an entity responsible for preventing and combating corruption at the level of Ukrainian legislation, detailing the powers of the National Police as a specially authorized entity in the field of preventing and combating corruption in the Ukrainian Law "On the National Police".

scholarly journals Features of Inheritance of Cryptocurrency Assets

2021 ◽  
Vol 10 (1) ◽  
pp. 103-122
Author(s):  
Oleksandr Omelchuk ◽  
Inna Iliopol ◽  
Snizhanna Alina
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
European Countries ◽  
Electronic Money ◽  
Applicable Law ◽  
Legal Nature ◽  
The World ◽  
Functional Features ◽  
Made In

The article analyzes the legal nature and specific of legal regulation of cryptocurrency in order to reveal the features of inheritance of cryptocurrency assets. The article aims to reveal whether it is possible to inherit cryptocurrency in terms of the existent legislation and if so, what kind of peculiarities of cryptocurrency should be considered. The financial and legal nature of cryptocurrency are described in the article. The main differences between cryptocurrency and traditional electronic money are revealed. The current legislation of Ukraine and some European countries on cryptocurrency legal status is analyzed. It is stated, that in most countries of the world, cryptocurrency is not considered to be money or currency, but rather a kind of property. It is noted, that while solving the issue of inclusion of cryptocurrency assets in the legacy, it is necessary to take into account the functional features of cryptocurrencies in general and the specifics of a particular type of cryptocurrency. Most of the benefits of cryptocurrencies for their owner (such as anonymous character) are obstacles to their inheritance according to the procedures provided by applicable law. The classification of the methods of inheritance of cryptocurrency assets is made in the article. The differences in the inheritance of cryptocurrency and tokens are revealed.

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