scholarly journals POLITICAL PARTIES AND FREEDOM OF ASSOSIATION

2021 ◽  
pp. 28-31
Author(s):  
S. V. Osaulenko
Keyword(s):  
Political Parties ◽  
Constitutional Law ◽  
Freedom Of Association ◽  
National Legislation ◽  
Foreign Law ◽  
Constitutional Right ◽  
The Right ◽  
Human Rights Standards ◽  
Subjective Rights ◽  
The Eu

The content of the constitutional right to freedom of association in political parties in Ukraine is one of the elementsof this subjective right. Traditionally, the structure of any subjective right is analyzed in the composition of the subjectsof this right, its object (objects), as well as the content, and constitutional subjective rights are not an exception to thisrule. It should be emphasized that this approach is fully justified and should be followed. In studying the content of theconstitutional right to freedom of association in political parties in Ukraine, the question of distinguishing between theconcepts of “union” and “association” arises.The relevance of the research topic is that European integration processes are currently underway in Ukraine,which provide for the harmonization of national legislation with human rights standards adopted in the EU. It is withinthese processes that the author analyzes and substantiates the need to move to a wider application of the concept of"association" in national legislation and Ukrainian legal literature.So far, experts in constitutional law have not analyzed the issue of distinguishing between the concepts of “union”and “association” in the context of the study of the right to freedom of association in political parties in Ukraine. Inthis regard, in writing the article used works devoted mainly to general issues of the theory of state and law (primarilythe development of professors Krestovskaya, Matveeva), as well as general issues of constitutional law in terms ofsubjective rights (primarily developed by professors Shapoval, Mishyna). We should also take into the account thedissertation for the degree of Candidate of Law, devoted to the constitutional right to unite in political parties, that wassubmitted by A.M. Moiseev on the materials of foreign law and case law.The author argues that the need to distinguish between the concepts of “union” and “association” in relation to theconstitutional right to freedom of association in political parties in Ukraine.The author recommends to abandon the use of the concept of “association of citizens” in favor of the concept of“association” in Art. 36-37 of the Constitution of Ukraine and bring other laws and bylaws in line with the Constitutionof Ukraine, first of all – the Law “On Political Parties in Ukraine”, where in Art. 2 “The concept of a political party”gives this definition. Prospects for further research are to use the same thesaurus used by foreign scholars working inEU countries when studying the right to freedom of association in political parties in Ukraine

scholarly journals Russian Federation: Opinion of the Venice Commission No.1014/2020 dated on 6 July 2021 on the Compatibility with international human rights standards of a series of Bills introduced to the Russian State Duma between 10 and 23 November 2020, to amend laws affecting “foreign agents”

2021 ◽  
Vol 30 (4) ◽  
pp. 122-154
Keyword(s):  
Human Rights ◽  
Public Affairs ◽  
Freedom Of Association ◽  
Cumulative Impact ◽  
The Right To Privacy ◽  
Russian State ◽  
Legislative Amendments ◽  
Venice Commission ◽  
The Right ◽  
Human Rights Standards

In the adopted at the 127th plenary session Opinion Venice Commission analyzed the objectives and rationale for the legislative amendments to the laws affecting “foreign agents”; expanding the range of individuals and legal entities that can be designated as “foreign agents”; expansion of administrative requirements and restrictions for “foreign agents”; expansion of sanctions for violation of these requirements and restrictions. The Commission concluded that the adoption of these amendments constitutes a serious violation of fundamental human rights, including freedom of association and expression, the right to privacy, the right to participate in public affairs, and the principle of non-discrimination and expressed especial concern about the cumulative impact of the latest amendments on organizations, individuals, the media and civil society in general.

scholarly journals THE CONSTITUTIONAL RIGHT TO A HEALTHY ENVIRONMENT

2018 ◽  
pp. 17-21
Author(s):  
M.N. Rudman
Keyword(s):  
Russian Federation ◽  
Constitutional Law ◽  
Environment Analysis ◽  
Healthy Environment ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Right ◽  
Legal Mechanism

The article reveals the content of the constitutional right to a healthy environment. Analysis of economic and international legal factors in the formation of the modern institution of the right to a healthy environment in the Constitution of the Russian Federation is supplemented with the characteristic of process of formation of this law in Soviet constitutional law. Characterized by a legal mechanism of realization of the right to a healthy environment in the modern legislation of the Russian Federation.

scholarly journals Derecho, soberanía y Pluralismo constitucional en el contexto de la globalización. Un análisis de sus tensiones y complejidades | Law, Sovereignty and Legal Pluralism in The Context of Globalization. An Analysis of its Tensions and Complexities

2017 ◽  
pp. 127
Author(s):  
Asier Martínez de Bringas
Keyword(s):  
Legal Pluralism ◽  
Legal Practice ◽  
New Paradigm ◽  
Production Distribution ◽  
Constitutional Right ◽  
Globalization Of Law ◽  
La Red ◽  
The Right ◽  
Constitutional Pluralism ◽  
The Eu

Resumen: El texto realiza un análisis de las  tendencias del Derecho en la globalización, como consecuencia de las transformaciones operadas en las maneras de entender el sentido y la naturaleza de la soberanía, poniendo énfasis en la  dimensión paradójica que presenta el derecho en la UE en relación-tensión con el derecho constitucional de los Estados. Las relaciones jurídicas se han hecho mucho más complejas como consecuencia de la irrupción del inevitable pluralismo en la manera de entender el Derecho. Es lo que vamos a denominar como Pluralismo Constitucional, que en sus propias maneras de producción, distribución y aplicación opera según la lógica de la red, haciendo más complejo e interdisciplinar la interpretación de cualquier práctica jurídica. Abstract: In this paper we will proceed with an analysis of trends in the globalization of law as a result of the transformations in the ways of understanding the meaning and nature of sovereignty, emphasizing the paradoxical dimension has the right in the EU in tension with the constitutional right of states. The legal relationships have become much more complex as a result of the inevitable emergence pluralism in the way of understanding the law. It is what we call as Constitutional Pluralism, which in its own ways of production, distribution and application operates as a network, making it more complex and interdisciplinary the interpretation of any legal practice. Some of the changes and transformations that occur as a result of this new paradigm of Legal Pluralism will be some of the scope of this writing.

scholarly journals The Bangladesh Sustainability Compact: An Effective Tool for Promoting Workers’ Rights?

2017 ◽  
Vol 5 (4) ◽  
pp. 80-92 ◽  
Author(s):  
Jeffrey S. Vogt
Keyword(s):  
Law Reform ◽  
Freedom Of Association ◽  
Labour Law ◽  
Garment Workers ◽  
Labour Standards ◽  
Industrial Disaster ◽  
Building Safety ◽  
The Right ◽  
Trade Partners ◽  
The Eu

The impetus for the Bangladesh Sustainability Compact was the Rana Plaza industrial disaster, which took the lives of roughly 1,200 garment workers and injured twice. The Compact required the fulfilment of several time-bound commitments by the Bangladesh government in two key areas—labour law reform and protection of the right to freedom of association and ensuring fire and building safety. The EU heralded the Compact as an innovative, multilateral approach to encourage its trade partners to comply with ILO core labour rights. The editors of this issue of Politics and Governance asked the contributing authors to examine effectiveness of trade and labour standards and to consider alternative mechanisms to advance workers’ rights. Specifically, they queried whether the Compact could be considered a new and effective alternative model. This hope appears misplaced.

Der Ausschluss verfassungsfeindlicher Parteien von der staatlichen Parteienfinanzierung nach Art. 21 Abs. 3 GG

2021 ◽  
Author(s):  
Malaika Jores
Keyword(s):  
Political Parties ◽  
Constitutional Law ◽  
European Law ◽  
Legal Analysis ◽  
State Party ◽  
Political Opportunities ◽  
Basic Law ◽  
The Right ◽  
Party Funding ◽  
German Constitutional Law

Since 2017, Germany’s Basic Law has allowed anti-constitutional parties to be excluded from state party funding. Such exclusion from funding is at odds with the right to equal political opportunities, which derives from the principle of democracy. This thesis examines whether such exclusion from funding is permissible under German constitutional law. In particular, it takes account of the principle of democracy—guaranteed by the ‘eternity clause’—and the concept of ‘militant democracy’. The thesis also considers the issue in question from a European law perspective and, in addition to conducting a legal analysis, examines whether distorting the competition among political parties is justifiable with respect to democratic theory.

The Use and Abuse of Definitions in Constitutional Law

ICL Journal ◽  
2015 ◽  
Vol 9 (4) ◽  
Author(s):  
Alec Walen
Keyword(s):  
Supreme Court ◽  
Constitutional Law ◽  
Same Sex ◽  
Same Sex Couples ◽  
The Us ◽  
Us Supreme Court ◽  
Constitutional Right ◽  
Definition Of ◽  
The Right ◽  
Constitutional Meaning

AbstractJustice Roberts′s dissent in Obergefell v Hodges - the case in which the US Supreme Court found a constitutional right for same sex couples to marry - rested on the premise the Court cannot invoke the right to marry as a basis for changing the definition of marriage. But his argument works only if the Court has no obligation to find a constitutional meaning for the term. I argue here that it has such an obligation. I argue further that an analogy with the concept of ‘person’ throws light on how that obligation should work. And finally, I argue that the most plausible constitutional definition would include same sex couples.

scholarly journals The Roots of Legal Problems Arising in the Course of Automatic Exchange of Information in Tax Matters Between the EU and Russia

2021 ◽  
Vol 9 (4) ◽  
pp. 99-127
Author(s):  
Gennadi Tolstopyatenko ◽  
Stanislav Ageev
Keyword(s):  
European Union ◽  
Point Of View ◽  
International Standards ◽  
The European Union ◽  
Legal Basis ◽  
National Legislation ◽  
Exchange Of Information ◽  
Legal Problems ◽  
The Right ◽  
The Eu

This article is devoted to the roots of material and procedural legal problems arising in the course of the automatic exchange of information between the European Union (EU) and Russia. This matter is topical since automatic exchange of information is a method of cooperation between tax authorities from different countries that is new and rapidly developing. From our point of view, it is high time to discuss some of the legal problems that are inherent in automatic exchange of information. As far as we can see, the fundamental problems are: (1) th problem of choosing an appropriate legal basis for automatic exchange of information and (2) the problem of the international standards for automatic exchange of information developed by the Organisation for Economic Co-operation and Development (OECD) being implemented to differing extents in the national legislation of different countries. In this article we suggest ways of solving the aforementioned problems in order to make automatic exchange of information between the EU and Russia more comfortable at the intergovernmental level. The solution of these problems will help to concentrate on another issue – the problem of protecting taxpayers’ rights, primarily the right to confidentiality, which is beyond the scope of this article but still very important in the light of the enhancement of global tax transparency.

scholarly journals The acts of the EU tax law and double tax treaties: the problems of correlation in establishing anti-tax avoidance rules

2022 ◽  
Vol 5 (4) ◽  
pp. 175-186
Author(s):  
E. A. Ponomareva
Keyword(s):  
Tax Evasion ◽  
Legal Regulation ◽  
Tax Law ◽  
Eu Law ◽  
Tax Treaties ◽  
Member States ◽  
National Legislation ◽  
Tax Regimes ◽  
The Right ◽  
The Eu

The subject. The specifics of the functioning of tax systems and the risk of double taxation require a solution to the issue of whether tax competence can remain only at the national level. Modern cross-border tax relations operate within a multi-level system of legal regulation based on the norms of international, supranational and national lawThe difficulties of correlating these levels are rooted in the fact that, in accordance with international law, each State has the right to tax persons or transactions with which it has a sufficient connection. Different situations may occur when both countries believe that the taxpayer is their resident, or when each of them claims that the income was received in this state. States solve this problem both unilaterally with the help of national legislation, and on a bilateral basis with the help of a double tax treaty.With the adoption of the Action Plan aimed at combating the erosion of the tax base and the withdrawal of profits (hereinafter referred to as the BEPS plan) and the EU Council Directive 2016/1164 (ATAD), tax strategies for using gaps and inconsistencies in tax rules to artificially transfer profits to low-tax jurisdictions were limited.Purpose of the study. The article discusses possible scenarios arising from the interaction of tax agreements and acts of EU tax law. It is necessary to take into account the obligation of the Member States to eliminate inconsistencies between acts of national legislation and acts of EU law. Member States have committed to achieve this goal at the time of EU accession and, therefore, before the adoption of any secondary EU law.Methodology. The research was carried out with the application of the formally legal interpretation of legal acts as well as the comparative analysis of international and European legal literature. Structural and systemic methods are also the basis of the research.The main results. Due to the clear coordination between the European Union and the OECD of actions in terms of establishing common measures to combat tax evasion and focusing on the subjective element of assessing potential abuse situations, a new standard for combating tax evasion has been established.Сonclusions. The author comes to the conclusion that the priority of the EU law over DTTs has been established. However, Member States retain the right to establish their own tax regimes and enter into tax treaties, thereby creating conflicts in legal regulation. In order to be directly applicable, the norm of the treaty must be clearly and definitely formulated, as well as be unconditional and independent of any national implementation measures.National legislation provides measures to eliminate the legal multiple taxation only for its residents. On the other hand, with respect to tax agreements concluded with third countries, the predominance of one system over another depends on the specific scenario, and in some cases the result achieved is the result of interpretation of existing provisions. In particular, tax treaties should prevail only when concluded before a state joins the EU.

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