scholarly journals PROBLEMS OF NORMATIV-LEGAL REGULATION OF CITIZENSHIP IN UKRAINE

2020 ◽  
Vol 2020 (2) ◽  
pp. 94-102
Author(s):  
Pekarchuk V.M. ◽  
◽  
Havrysh N. R. ◽  
Keyword(s):  
Key Words ◽  
Legal Regulation ◽  
International Agreements ◽  
Dual Citizenship ◽  
National Legislation ◽  
Legal Norms

The article reveals the concept of the category “legal regulation” and defines the essence of legal regulation of the institution of citizenship in Ukraine. It was found that the system of constitutional and legal norms governing citizenship is formed by the institution of citizenship, the sources of which are: the Constitution of Ukraine; current international agreements of Ukraine on citizenship issues, the binding nature of which has been approved by the Verkhovna Rada of Ukraine; laws of Ukraine; bylaws governing legal relations in this area. The essence of Ukrainian citizenship is studied, as well as the grounds for acquiring Ukrainian citizenship are determined. Problems concerning the legal regulation of the institution of citizenship are analyzed, in particular, in the part of dual citizenship, which need an immediate solution at the legislative level. At present, dual citizenship needs a balanced policy based on the objective trend of spreading this phenomenon in the context of globalization processes in Ukraine. Key words: legal regulation, normative-legal regulation of the institution of citizenship in Ukraine, citizenship of Ukraine, dual citizenship, national legislation.

scholarly journals LEGAL REGULATION OF INTERNATIONAL CHARTER AND LINER SHIPPING

2021 ◽  
Vol 76 (3) ◽  
pp. 64-73
Author(s):  
Alla Palchenko ◽  
◽  
Elena Pishchanskaya ◽  
Keyword(s):  
Legal Regulation ◽  
Maritime Transport ◽  
International Treaties ◽  
National Legislation ◽  
Legal Norms ◽  
Bill Of Lading ◽  
Maritime Shipping ◽  
International Transport ◽  
International Conventions ◽  
Conflict Of Law

Legal regulation of relations arising from the implementation of international transport has its own specifics. The most important conditions are defined in international agreements − conventions, which are the main source of regulation in this area of relations. The agreements contain mainly unified substantive legal norms necessary for the settlement of conflicts that most often arise in the regulation of issues in the field of international transport. It should be noted that international transport conventions also consist of conflict-of-law rules, which are invoked in the absence of unified substantive law. As a rule, conflict-of-law rules refer to national legislation, but sometimes also to the norms of international conventions. The norms of the conventions on international transportation are imperative for contracts of carriage, executed by a transport document − a bill of lading. As a rule, conflict-of-law rules refer to national legislation, but sometimes also to the norms of international conventions. The norms of the conventions on international transportation are imperative for contracts of carriage, executed by a transport document − a bill of lading. Relations in the field of maritime shipping in many cases remain subject to the provisions of domestic maritime law, which must be determined by conflict of laws rules. However, as there are again few generallyaccepted conflict-of-law rules established by international treaties, all relevant issues are resolved at the level of national case law, and it is also different. In connection with the development of the world economy and international economic relations, the question of the ability and degree of influence of maritime transport on them plays an important role. Maritime shipping is central to a single global transport system. Maritime transport is already in its format of activity is an international industry, and concerns the activities of the carrier for the movement of goods or passengers from the port of departure to the port of destination.Keywords: convention, bill of lading, charter, sea transportation, seaport

scholarly journals Dual Citizenship: Real and Potential Threats to National Security. Legal Response

2019 ◽  
pp. 70-78
Author(s):  
Ivan Sliusarchuk ◽  
Olha Mitenko
Keyword(s):  
National Security ◽  
Key Words ◽  
Legal Regulation ◽  
Security Threats ◽  
Dual Citizenship ◽  
Legal Response ◽  
Foreign Countries ◽  
Legislative Regulation

The article deals with the notion of dual citizenship, its legal regulation. The main threats to the national security of Ukraine related to the phenomenon of a multiple citizenship are analyzed. The experience of foreign countries from this issue is considered and the ways of legislative regulation of dual citizenship in Ukraine are offered. Key words: citizenship of Ukraine, citizen of Ukraine, multiple citizenship, legal regulation, national security, threats to national security.

scholarly journals LEGAL REGULATION FOR THE RESTRICTION ON PROPERTY RIGHTS TO WORKS IN UKRAINE

2020 ◽  
pp. 5-8
Author(s):  
Yu. Akulov
Keyword(s):  
Property Rights ◽  
Legal Regulation ◽  
International Agreements ◽  
International Experience ◽  
Step Test ◽  
International Treaties ◽  
Berne Convention ◽  
Intellectual Activity ◽  
National Legislation ◽  
European Regulatory

The article analyzes some issues and peculiarities of the legal regulation for the restriction on the author's property rights to works in Ukraine through the lens of European and international approaches. The author analyzes the legislation of Ukraine, international and European regulatory sources, directly investigates the completeness of the legal regulation of the lawful free use of the author's work and the restriction of his/her property rights to the work (as a consequence of his/her intellectual activity). The article examines the existing international treaties, ratified by the Verkhovna Rada of Ukraine, and which are recognized as a part of the national legislation of Ukraine. It also analyzes codified and other legal acts adopted to implement the provisions of the Constitution and international agreements in order to determine the peculiarities of legislative regulation and consistency of terminology in the sphere of restriction of the author's property rights to works in Ukraine. As a result of the research, the author has highlighted the main inaccuracies and gaps in the legal regulation for the restriction on property rights to works and the free use of works as a copyright object. Namely, it is traced that in Ukrainian legislation there is a certain inconsistency between the provisions of the Law of Ukraine "On Copyright and Related Rights" and the provisions of the Civil Code of Ukraine, which use identically in meaning the concepts of "free use of works", "restriction of property rights", "exceptions and restrictions on property rights", "the lawful use of a work without the author's consent", which is not in line with international experience. The author concludes on the full implementation of the provisions of the Berne Convention on the three-stage test in national regulations and further improvement of the legislation in order to avoid disagreements with the European legislation in the investigated subject, which should be implemented in the Ukrainian legislation. Keywords: property rights to works, restriction on author's rights to works, free use of works, cases of free use of works, a three-step test, international treaties governing the restriction on property rights to works in Ukraine.

scholarly journals BASES OF LEGAL REGULATION OF MICRO FINANCIAL SERVICES PROVIDING ORGANIZATIONS

2020 ◽  
pp. 245-247
Author(s):  
Madumarov Talantbek Tolibjonovich ◽  
Gulomjonov Odiljon Rahimjon ugli
Keyword(s):  
Small Business ◽  
Key Words ◽  
Market Economy ◽  
Financial Services ◽  
Private Property ◽  
Legal Regulation ◽  
Legal Basis ◽  
National Legislation ◽  
Family Economy

This article covers the main place of small business and business in today’s market economy. Including scientifically analyzed the development of small business and business, and the legal basis, at this time financially support small business and business, the latter is amended and the rules for this branch of national legislation are added. KEY WORDS: Small business, businessmen, credit, private property, bank, state, family, economy, money, syllable, debt, physical person.

scholarly journals Official clarification of normative legal acts: the experience of the EAEU countries and gaps in legal regulation of the Republic of Kazakhstan

2021 ◽  
Vol 136 (3) ◽  
pp. 11-20
Author(s):  
A.E. Abdrasulova ◽  
Keyword(s):  
Legal Regulation ◽  
Legal Regulations ◽  
National Legislation ◽  
Legal Norms ◽  
Legal Standards ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
Life Circumstances ◽  
The Republic ◽  
Legal Mechanism

The official clarification of regulatory legal acts is a key stage in the implementation of the provisions and norms of national legislation. Legal regulations cannot provide for all the nuances of life circumstances, which are always more complicated than legal standards. In these circumstances, the respective subjects of legal relations are assisted by such institution as interpretation (clarification) of legal norms, filling in gaps by analogy, which also cannot be implemented without an appropriate interpretation of the rules of law. At the same time, the optimal legal consolidation of such activities in national legislation is of great importance, providing effective legal regulation of the content and procedure for clarifying regulatory legal acts. This paper shows the system of clarification of legal regulations in the Republic of Kazakhstan and the countries of the Eurasian Economic Union (hereinafter-the EAEU), identifies the problems of legislative regulation of this type of activity, suggests measures to improve the legal mechanism for the official interpretation of regulatory legal acts, including laws

scholarly journals General Object and Special Object Principles of the Legal Regulation of Industrial Property in Cross-Border Relations

Lex Russica ◽  
2020 ◽  
Vol 73 (10) ◽  
pp. 41-62
Author(s):  
B. A. Shakhnazarov
Keyword(s):  
Legal Regulation ◽  
International Agreements ◽  
Technical Development ◽  
National Treatment ◽  
Industrial Property ◽  
National Legislation ◽  
Universal Principles ◽  
General Object ◽  
Principle Of National Treatment ◽  
Individual Objects

International agreements, as well as the national legislation of various States, in addition to the territorial principle of protection of industrial property, the principle of national treatment, the principle of convention or exhibition priority, do not specifically identify other principles of protection of industrial property that would uniform national legislation in the field of protection of industrial property in most aspects of protection, and that would also take into account the specifics of a particular object of protection. The paper distinguishes and formulates general object principles of protection of industrial property, not expressly enshrined in international agreements, as well as special object principles of protection of individual objects of industrial property. It is noted that the operation of general principles applied universally for protection of all objects of industrial property and historically established universal principles of national regime, territoriality, principles of convention and exhibition priority are supplemented by such general object principles as the principle of exclusive protection of industrial property, the principle of production and technical development. These principles can be considered general in view of their extension to other objects not expressly specified in the Paris Convention. At the same time, with regard to separate objects (groups of objects) of industrial property, one can determine special object principles of protection on the ground of their specificity.The author applies formal legal and comparative legal methods of the study, on the basis of which special international principles of protection were formulated: the principle of exclusive protection, the principle of focus on production and technical development. The paper describes special principles of protection for individual objects: the declarative and evidentiary principle of protection of registered industrial property, the principle of protection of marks “such as they are”, the principle of protection of new creative results in relation to patentable objects, the principle of absolute nature of the rights certified by the patent.

scholarly journals The Provision of Tourists’ Rights in Uzbekistan: International and National Standards

2021 ◽  
Vol 04 (04) ◽  
Author(s):  
Surayyo Bultakovna Usmanova ◽  
Keyword(s):  
Legal Regulation ◽  
National Standards ◽  
National Legislation ◽  
Legal Norms

This article examines the issues of legal regulation, which are the basis of all areas and directions of tourism. In particular, the analysis of the importance of international legal norms in ensuring the rights, freedoms and safety of tourists in Uzbekistan, the need for their implementation in national legislation. The author has also developed suggestions and recommendations for specific issues based on the findings of this study.

Characteristics of Legislation on Legal Relations of Information Dissemination

2020 ◽  
pp. 18-23
Keyword(s):  
Social Relations ◽  
Information Dissemination ◽  
Legal Regulation ◽  
Legal Scholarship ◽  
Legal Norms

Information and telecommunication technologies have radically changed all social relations. This required corresponding changes in the information legislation. System of legal norms regulating information relations has been updated and increased. However, this changes did not improve legal regulation of information relations. Scientists emphasize that imperfection of information legislation depends on inadequacy of legal norms. Legal scholarship discover different defects of legal norms: antilogy, deficiency of law, inadequacy in logic, duplications and declarativity of norms. Legislation on information dissemination is also characterized by these defects. They entailed problems of application by the courts. Scientific immaturity of legal regulation of information relations is noted. The necessity for creating special legal act, which will regulate relations on information dissemination, is justified.

New Approaches to Understanding Judicial Ethics in the Information

2020 ◽  
Vol 2 (3) ◽  
pp. 12-32
Author(s):  
E. V. Burdina ◽  
Keyword(s):  
Self Regulation ◽  
Legal Regulation ◽  
Subject Area ◽  
Social Needs ◽  
Legal Norms ◽  
Stage Of Development ◽  
Judicial Administration ◽  
Personal Approach ◽  
Personal Qualities ◽  
The Subject

Introduction. The article is devoted to the problems of the essence and content of judicial ethics in the new conditions of the technical revolution and with other social needs for legal regulation. Theoretical Basis. Methods. The work used a systematic, activity-personal approach to the study of moral and ethical standards of the conduct of judges. This made it possible to reveal a new and broader view on judicial ethics, which is not simply a set of moral restrictions and obligations imposed on a judge. Results. The work has identified and analysed the signs of judicial ethics at the current stage of development. It is argued that ethical regulation is precautionary in relation to the legal regulation of the independence of judges, for they complement ethical rules and reinforce legal norms. The ethical conduct of judges is an instrument guaranteeing judicial independence in all of its manifestations, including in organisational and judicial relations. The new realities of our time recognise the expansion of boundaries and the subject area itself of ethical regulation. A broader view on judicial ethics, which differs from the traditional one, is hereby justified. The latter is defined in two ways – namely both as a system of professional values, as well as a means of judicial administration based on the principle of self-regulation. By its very nature, judicial ethics is the result (and the way) of judicial self-governance, developed on the basis of the experience of functioning bodies of the judicial community. Discussion and Conclusion. Conclusions are drawn on both the instrumental and the managerial impact of the categories of ethics. The subject of judicial ethics has been defined, which constitutes the rules of conduct of judges in the performance of their professional duties and beyond – namely the set of general principles of work of a judge, as well as the personal qualities of a judge personifying the judicial power. Proposals on the optimisation of the mechanism of ethical influence, differentiation of ethical and disciplinary norms have also been substantiated.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

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