Some aspects of legal regulation in international law: human rights protection issues

2020 ◽  
pp. 479-495
Author(s):  
Madiyar N. Umbetov ◽  
Ermek Nurmaganbet ◽  
Kairat T. Bitemirov ◽  
Nursultan B. Kalkashev ◽  
Zhaksylyk R. Yeslamgaliyev
Keyword(s):  
European Union ◽  
Comparative Analysis ◽  
Legal Regulation ◽  
Constitutional Rights ◽  
The European Union ◽  
Commonwealth Of Independent States ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Independent States ◽  
Model Of Practice

The relevance of the topic of the article is confirmed by the tendencies and dy-namics of the internal development of modern democratic states, the need for a comprehensive theoretical and legal study of the effectiveness of the practice of law in the mechanism of ensuring the constitutional rights of citizens. In the context of this, the aim of the article was to carry out a comprehensive comparative analysis of the legal regulation of practice of law in the territories of the Member States of the European Union and the Commonwealth of Independent States. The author's developments and conclusions resulting from scientific and legal research are summarised as follows: international and national law consolidates different approaches to the practice of law; the legal regulation of the process of entering into the profession of lawyer and the subsequent exercise of his lawyer's activity in the territory of the European Union has more detailed elaboration in the context of the realities of modern legal relations in comparison with Commonwealth of Independent States countries; a comparative analysis showed that a model of practice of law, regulated by the legislation of the French Republic, can be considered the most approximate to the idealistic.

scholarly journals The 'Great Diversification Game': Russia’s Vision of the European Union’s Energy Projects in the Shared Neighbourhood

2008 ◽  
Vol 4 (2) ◽  
pp. 130-148
Author(s):  
Valentina Feklyunina
Keyword(s):  
European Union ◽  
Energy Supply ◽  
Perceived Threat ◽  
The European Union ◽  
Commonwealth Of Independent States ◽  
Energy Projects ◽  
The Usa ◽  
Independent States ◽  
Transportation Routes ◽  
Former Soviet Republics

This article examines Russia’s vision of the European Union’s energy diversification projects that focus on their ‘shared neighbourhood’. It argues that although the European Union (EU), unlike the USA, is not yet seen as a serious threat to Russian interests in the area, this situation is rapidly changing, with the Kremlin becoming increasingly sensitive about the EU’s plans to diversify energy supply sources and transportation routes by increasing cooperation with other former Soviet Republics within the Commonwealth of Independent States (CIS). The article highlights how the EU’s energy diversification projects are viewed by Moscow as anti-Russian and details the way in which Russia is responding to this perceived threat, including plans to diversify its own energy exports.

Legal Regulation of Interest Rates under the Loan Agreement, with the Participation of the Borrower – the Entity, under the Civil Law of Ukraine and Germany: A Comparative Characteristic

2019 ◽  
Vol 10 (3) ◽  
pp. 695
Author(s):  
Anatoly Yu. BABASKIN
Keyword(s):  
European Union ◽  
Comparative Analysis ◽  
Interest Rates ◽  
Civil Law ◽  
Developed Countries ◽  
Legal Regulation ◽  
Comparative Characteristic ◽  
The European Union ◽  
Legal Nature ◽  
Credit Agreement

The relevance of the study is due to the fact that there is a growing need to study civil law and its practice in Ukraine and the most economically developed countries of the European Union. The purpose of the study is to conduct a comparative analysis of the legal regulation of interest rates under the loan agreement, with the participation of the entity, in the civil legislation of Ukraine and Germany, in order to identify similar features, differences, deficiencies in their legal regulation, and identify possible areas for improvement of the rules of civil law of Ukraine. The article investigates the legal nature of interest rates in credit relations, legal regulation of types of interest rates, bases of accrual of interest on a loan, restriction of freedom to set the amount of interest rate on a loan agreement, the order of payment of interest on a loan, etc. In the course of the research, similar features and differences in the legal regulation of interest rates in the credit agreement in the legislation of Ukraine and Germany were identified, deficiencies and possible directions of improvement of the civil legislation of Ukraine in the specified field were identified.

Comparative Analysis of Foundations of Legal Regulation of Criminal Liability for Organ Trafficking in the Russian Federation, Kazakhstan, and the European Union

2020 ◽  
Vol 11 (4) ◽  
pp. 1405
Author(s):  
Anna V. SEREBRENNIKOVA ◽  
Tatjana F. MINYASEVA ◽  
Nagima S. KALA ◽  
Alexei A. MALINOVSKY ◽  
Victoria M. MALINOVSKAYA ◽  
...  
Keyword(s):  
European Union ◽  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Liability ◽  
National Level ◽  
Legal Regulation ◽  
The European Union ◽  
Organ Trafficking ◽  
The Russian Federation ◽  
The Creation

Currently, organ trafficking occupies a leading position among transnational organized criminal groups due to the high demand for illegal services and the relatively low rates of detection of illegal actions by law enforcement agencies. In this context, the purpose of the paper was to conduct a comparative analysis of the foundations of the legal regulation of criminal liability for organ trafficking and trafficking in the Russian Federation, Kazakhstan, and the European Union to form scientifically substantiated conclusions and suggestions for improving existing national legislation. To achieve this purpose, general scientific and special methods were used. The study also uncovers vectors and substantiates the feasibility of implementing EU legislation in the field of organ trafficking and trafficking in the criminal legislation of the Russian Federation and Kazakhstan, predicts the prospects for improving legal regulation on the subject matter and outlined the priority actions of legislative bodies. At the same time, promising areas of research in this matter are the issues of punishability of such acts and the appointment of the appropriate punishment. Furthermore, the creation of a highly regulated transplantation system at the national level was proposed, which is to be managed by a national transplantation authority with broad oversight powers. The creation of such a centralised competent authority will ensure the implementation of the scope of measures that would effectively reduce the risk of organ trafficking and trafficking and protect potential victims.

Effects of the Measures Undertaken by the European Mediator Regarding the Protection of Human Rights

2020 ◽  
Vol 10 (2) ◽  
pp. 549
Author(s):  
Claudiu IGNAT
Keyword(s):  
European Union ◽  
Human Rights ◽  
Social Impact ◽  
European Union Member State ◽  
Main Function ◽  
The European Union ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Social ◽  
Protection Of Human Rights

The research performs an accurate radiography regarding the measures the European Mediator unfolds in the Human Rights protection but also with regard to the social impact upon the European citizen. The European Mediator is a complement to the ombudsmen existing in each State. However, its competence is limited only to the European Union authorities, as it does not involve the ones of the Member States. Any possible reports between the European Mediator and the equivalent institutions from the European Union Member State can only be mutually supported as long as every ombudsman aims the fulfilment of the same main function, namely that of administration control and citizen protection.

Opinion 2/13 of the Court (C.J.E.U.)

2016 ◽  
Vol 55 (2) ◽  
pp. 267-306
Author(s):  
Daniel Halberstam
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Regime ◽  
Gradual Process ◽  
Drawing Board

Opinion 2/13 of the Court of Justice of the European Union (CJEU) declared the draft agreement on European Union accession to the European Convention on Human Rights (ECHR) incompatible with the Treaty on European Union. The Opinion comes toward the end of a long and gradual process of incorporating human and fundamental rights principles into the legal system of the European Community and its successor, the European Union. Opinion 2/13 sends the Commission back to the drawing board on what has long been seen as the capstone of that process—EU accession to the Strasbourg human rights regime as an external check on human rights protection within the European Union.

scholarly journals ASPECTS OF THE INTERACTION BETWEEN THE COURT OF JUSTICE B OF THE EUROPEAN UNION AND THE EUROPEAN COURT OF HUMAN THE EUROPEAN RIGHTS AFTER OPINION NO. 2/13

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 96-116
Keyword(s):  
European Union ◽  
Human Rights ◽  
European Convention ◽  
The European Union ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Court Of Justice ◽  
European Court ◽  
The Relationship ◽  
The Eu

The present article is dedicated to one of the most debatable aspects of human rights protection in the European Union (EU), specifically the question of whether the EU should accede to the European Convention on Human Rights (ECHR). This article analyzes the maintained deficit in the functioning of the European Union in terms of the important parameters of democracy as a result of the failed EU accession to the ECHR as well as the new reality created in the relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) after the negative Opinion no. 2/13 of the CJEU and the changes in the nature of the interaction between the two European courts in this changed situation.

scholarly journals LEGISLATIVE PROBLEM OF EXCLUDING A PARTNER FROM THE COMPANY ON THE EXAMPLE OF GEORGIA (COMPARATIVE ANALYSIS)

2021 ◽  
Author(s):  
Ketevan Kokrashvili ◽  
Lasha Gorgadze
Keyword(s):  
European Union ◽  
Comparative Analysis ◽  
General Meeting ◽  
Case Law ◽  
Legal Regulation ◽  
Corporate Law ◽  
Court Decision ◽  
Controversial Issues ◽  
The European Union ◽  
Association Agreement

The issue of excluding a partner (removing a partner) from the company is one of the most important, very sensitive and controversial issues in corporate law. The legislation of different countries regulates this issue in different ways, but it is important that most countries, together with the decision of the General Meeting of Partners, to exclude a partner, require a relevant court decision that has entered into legal force. On the basis of a comparative analysis, the presented article discusses the possible reasons for the exclusion of a partner and the issues of legal regulation of the exclusion procedure. The fiduciary duties of a partner are analyzed as one of the important reasons for the exclusion of a partner from the company. Special attention is paid to legislative gaps and to the heterogeneity of the case law of Georgia in connection with the exclusion of a partner from the company. However, the article discusses the shortcomings of the new draft law of Georgia on Entrepreneurs, it is worth mentioning that the draft law was developed on the basis of the Association Agreement between Georgia and the European Union. Under this agreement, Georgia undertook an obligation to integrate Georgian corporate law into EU corporate law, in addition, in our opinion, the positions presented in the article will significantly develop and improve such an important institution of corporate law as the exclusion of a partner from the company.

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