scholarly journals THE SPECIFICS OF ESTABLISHING JURISDICTION IN HEREDITARY CASES WITH A FOREIGN ELEMENT

2020 ◽  
Vol 11 (87) ◽  
Author(s):  
Nataliia Ryzhenko ◽  
◽  
Olena Korolova ◽  
Keyword(s):  
Legal Regulation ◽  
International Agreements ◽  
Intercountry Adoption ◽  
Inheritance Law ◽  
Special Procedure ◽  
Domestic Legislation ◽  
The Subject ◽  
The Relationship ◽  
Theoretical Foundations

The article considers the peculiarities of establishing jurisdiction in inheritance cases with a foreign element. Attention is paid to the formulation of the theoretical foundations of the institution of inheritance with a foreign element, the classification is carried out, the conceptual apparatus, the sources of international inheritance law are formulated. The analysis of the domestic legislation of Ukraine, regulates the issue of determining the jurisdiction of cases with a foreign element. In particular, attention is paid to the priority of using international legislation on domestic in jurisdictional matters. The norms of multilateral international agreements approved by the Verkhovna Rada of Ukraine, as well as bilateral international agreements on legal assistance concluded between Ukraine and other states, which establish the rules of jurisdiction of inheritance cases with a foreign element, are considered. Processes of social internationalization, which are an integral part of modern life, the expansion of various contacts of Ukrainian citizens with foreigners, as well as active migration processes, the possibility of acquiring property abroad, a significant increase in marriages with foreigners, intercountry adoption cause a sharp increase in inheritance with a foreign element, which are the subject of litigation. The foreign element in the inheritance relationship may be manifested in such a way that the testator and heirs are citizens of different states or reside in different countries. Property that is part of the inheritance may be located in different countries. In this context, there is reason to conclude that the relationship subject to legal regulation has a legal relationship with the legal systems of two or more countries. In different jurisdictions, the substantive regulation of inheritance has its own characteristics. It is concluded that the determination of the admissibility of the statement of claim in relation to the disputed inheritance relationship with a foreign element is impossible without the use of a special procedure defined in the study.

scholarly journals Restrictions and boundaries in the Russian information law

2020 ◽  
pp. 11-30
Author(s):  
Gulfiia Gafiiatovna Kamalova
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Legal Norms ◽  
Original Definition ◽  
Legal Nature ◽  
Information Law ◽  
The Subject ◽  
Definition Of ◽  
Theoretical Foundations

The subject of this research is the system of legal norms of the Russian Federation that regulates public relations within the process of restriction of the constitutionally recognized information rights and liberties of a human and citizen, as well as establishment of the boundaries of their realization in the current conditions of development of the information society and digitalization. The goal of this work is to develop theoretical foundations for information law through demarcation of boundaries and restrictions of the information rights and liberties, which would also contribute to improvement of information legislation and the practice of its application. The scientific novelty of research is reflected in the acquisition of scientific knowledge required for development of legal regulation of the information sphere in the conditions of digitalization, among which are the original definition of the concepts “boundaries of exercising rights in the information sphere” and “restrictions of information rights and liberties”, obtained based on the conducted analysis of the forming public relations within information sphere and their legal regulation. The following conclusions were made: 1) there is absence of research on the issues of boundaries of rights, including boundaries in information law; 2) there is a need for determination of boundaries of exercising right in the information sphere and restriction of information rights and liberties in implementation of legal regulation, as well as consideration of the legal nature of technical norms in their inclusion into a normative legal act.

scholarly journals Determination of natural assets of territorial communities: theoretical discourse

2021 ◽  
Vol 69 (2) ◽  
pp. 31-43
Author(s):  
K. Patytska
Keyword(s):  
Natural Resources ◽  
Natural Resource ◽  
Asset Management ◽  
Legal Status ◽  
User Cost ◽  
Resource Potential ◽  
Dual Approach ◽  
Domestic Legislation ◽  
The Relationship

The paper determines the natural assets of territorial communities and reveals their components in the context of domestic legislation. Scientific approaches to the specified problem in domestic and western scientific thought are developed. The essence of the concept «natural assets» is revealed and their main features – the presence of the identified owner, active manager and user; cost; Legal Status; economic return are defined. The relationship between the categories «natural assets», «natural resources» and «natural resource potential» are established. The main difference between natural resources as the asset of territorial community and other types of assets – the need for dual approach to their management: to generate income, ensure community development and in the interests of all stakeholder groups; in order to preserve the natural environment is revealed. The scientific approach to natural resource management with the participation of local communities, which is based on the principles of subsidiarity, sustainability, fairness, accountability, efficiency, activity, adaptability, environmental responsibility, inclusiveness is analyzed. This approach has the following common features: decentralization of powers to manage natural assets; reconciling the interests of stakeholders and opportunities for efficient of natural resources use; combination of environmental and socio-economic goals in the process of natural asset management; development of institutions for increasing decision-making efficiency in the field of natural asset management at the community level; stakeholders education and notification. Scientific approaches to the systematization of natural assets of territorial communities in terms of stakeholders groups (by ownership of the asset, the possibility of access to the asset and competition in their use) are studied. The expediency of classifying stakeholders as natural assets of territorial communities by their interests is substantiated. The peculiarities of the use/utilization and possession of natural resources in accordance with the legislative acts regulating natural resource relations in Ukraine are revealed.

THEORETICAL FOUNDATIONS AND METHODOLOGICAL SCHEME FOR THE ASSESSMENT OF INDIVIDUAL EDUCATIONAL RESULTS OF STUDENTS IN THE PROCESS OF ADDITIONAL EDUCATION

2019 ◽  
Vol 10 (6/2) ◽  
pp. 75-80
Author(s):  
Svetlana S. IGNATOVICH ◽  
Vladlen K. IGNATOVICH
Keyword(s):  
Structural Elements ◽  
Adequate Understanding ◽  
Joint Solution ◽  
The Subject ◽  
Main Components ◽  
The Individual ◽  
Additional Education ◽  
Theoretical Foundations ◽  
Creative Tasks

The article is devoted to the problem of assessing the individual educational results of students in the process of additional education. This assessment in the concept of the authors is considered as the most important condition for the independent progress of the student along the individual educational trajectory. In this case, the student is the subject of its design. A model for assessing the individual educational results of students in the format of an educational event is proposed. The basic principle is formulated, which consists in fixing activity manifestations in a given situation, which testify to the student's ability to independently solve a creative task. These manifestations include: adequate understanding of the meaning of the problem being solved, competent determination of means and methods for solving it, competent access to various resources, and implementation of productive communications, ability to present and defend the solutions obtained. It is shown that the main components of such an educational event should be: joint solution of original creative tasks by students, expert-analytical support of this activity and free creative communication of different participants. A methodological scheme for the preparation and conduct of such an educational event is described. Its structural elements are: a preliminary analysis of data monitoring the development of students' creative activities; development and testing of a package of creative tasks; preparing a team of experts and equipping it with the necessary tools; development of the Festival program using a variety of creative communication formats of the participants; organization of information and analytical support of the Festival. Recommendations on the preparation of local working spaces for various types of activities of the Festival participants are given.

scholarly journals The determination of fatigue limits under alternating stress conditions

1914 ◽  
Vol 90 (620) ◽  
pp. 411-425 ◽  
Keyword(s):  
Infinite Number ◽  
Fatigue Tests ◽  
Test Results ◽  
Railway Company ◽  
Standard Of Comparison ◽  
The Subject ◽  
Pull Tests ◽  
Push And Pull ◽  
The Relationship

In the year 1867 A. Wöhler, locomotive superintendent of a railway company in Berlin, exhibited at the Paris Exhibition the results of some experiments on the endurance of metals, and was thereupon engaged by the Prussian Government to carry out the more exhaustive enquiry into this subject with which his name is always associated. The results of his labours were published in 1871, and were highly appreciated, but few additional experiments were made until the subject was again taken up successively by Sir Benjamin Baker, Reynolds and Smith, Rogers, Stanton and bairstow, Eden, Rose and Cunningham, and Prof. Hopkinson. All these experiments are confined either to fatigue bending or to push and pull tests, using only steel or iron, whereas the present ones include a large number of torsion fatigue tests on various metals. Until comparatively recently there was no satisfactory standard of comparison for fatigue tests, the determination of the asymptote or limiting fatigue stress for an infinite number of revolutions from a few irregular test results leading to very uncertain conclusions, so much so that by some it was considered very doubtful whether there were any real fatigue limits, while others adopted as standards of comparison the fatigue stresses which would cause fractures at the millionth repetition. The first problem which had to be investigated was therefore to ascertain the relationship between the intensities of fatigue stresses and the numbers of repetitions of these stresses which would cause fracture; and, should this relationship be found to indicate the existence of a limiting stress for an infinite number of revolutions, or more briefly of a fatigue limit, then the next step would have to be its exact determination.

scholarly journals Features and perspectives of international cooperation within the implementation of projects megascience class

2021 ◽  
pp. 30-40
Author(s):  
D. M. Moshkova ◽  
I. Yu. Karandaev
Keyword(s):  
International Cooperation ◽  
Legal Regulation ◽  
International Agreements ◽  
Legal Basis ◽  
Scientific Cooperation ◽  
The Creation ◽  
Individual Features ◽  
The Individual ◽  
The Relationship ◽  
International Scientific Cooperation

The article presents aspects of the legal regulation of international scientific cooperation aimed at the creation and operation of unique scientific installations of the “megascience” class. On the example of scientific projects CERN, ITER and XFEL, the individual features of legal regulation are analyzed: the legal basis, the key provisions of the concluded international agreements, as well as the relationship with the Russian legislation. On the basis of the analysis and generalization, the authors identify the features of legal regulation, which should be taken into account when creating future scientific projects of the “megascience” class. 

scholarly journals The Legal Basis For Control in the Sphere of Use And Protection of the Animal World in Ukraine

2019 ◽  
Vol 1 ◽  
pp. 99-108
Author(s):  
Svitlana Marchenko
Keyword(s):  
Environmental Control ◽  
Control Function ◽  
Legal Regulation ◽  
Legal Literature ◽  
The Subject ◽  
Legislative Support ◽  
The Right ◽  
Object Of Control ◽  
The Relationship ◽  
Animal World

The article is devoted to the legal bases for control in the sphere of use, reproduction and protection of the animal world. legislative support of environmental control in the fild of use, reproduction and protection of wildlife was considered. Th system and powers of state authorities and bodies of local self-government concerning the implementation of the control function in the field of use, reproduction and protection of the animal world were investigated. On the basis of the analysis of legal literature and legislation of Ukraine, the peculiarities of legal regulation of control in the fild of use, reproduction and protection of wildlife were singled out, the classifiation of environmental control in the sphere of use, reproduction and protection of the animal world by subjects of its implementation and the areas of the use of animal objects has been made. Particular attention was paid to the implementation of control in the field of fisheries as one of the types of agricultural production. It was concluded that control in the sphere of use, reproduction and protection of wildlife is one of the most important functions of the state in ensuring the right to an environment that is safe for life and health and compensation for damage caused by violation of this right, stipulated in Art. 50 of the constitution of Ukraine. Proper regulation of control activities in the fild of use, reproduction and protection of wildlife can become a guarantee of observance of the norms of the current legislation, and substantially balance the relationship between the subject and the object of control.

scholarly journals Ukraine in the history of the movement for the conservation of geological heritage in Europe

2020 ◽  
Vol 29 (1) ◽  
pp. 111-134
Author(s):  
Volodymyr V. Manyuk ◽  
Olesia V. Bondar ◽  
Oleh V. Yaholnyk
Keyword(s):  
Political System ◽  
Nature Reserve ◽  
Geological Structure ◽  
Geological Heritage ◽  
History Of ◽  
The Subject ◽  
Relationship Of ◽  
The Relationship ◽  
First Nature

The paper focuses on the history of the movement for preservation of geological heritage of Ukraine, closely related to the history of geoconservation in Europe; determines the relationship of the extent of geodiversity and geological structure of a certain country, political system, historical traditions and attitude towards wildlife and inanimate nature. Despite the fact that geodiversity and biodiversity have always been in parallel, traditionally all nations in all the continents have focused more on the preservation of so-called wildlife. The article describes that preservation of the so-called inanimate nature; provides a rather sufficient analysis of literature sources which report on the problem of preserving bio- and geodiversity not only in Ukraine, but also in other countries of Europe. In particular, the combination of biotic and abiotic constituents of nature proved to be an essential aspect in determining the place of the world`s first nature reserve and location of an important centre of Buddhism in Mihintale, Sri Lanka. The start of the movement for preservation of so-called inanimate nature in Europe could, with a certain extent of possibility, be considered the first historical written mention of the subject, which was declared in the 10th Chapter of Third Statute of Lithuania in 1588. That is protection of rivers against artificial change of their banks, change in currents and preservation of large erratic boulders. As an important stage of the beginning of the movement for preservation of the so-called inanimate, can be considered the year 1668, when in Germany the Baumannshöhle cave was preserved. It was first mentioned in the literature in 1565, and in 1646 the cave became an object of tourism. During the analysis of the historical stage related to the movement ProGEO, we emphasizes international events in which the representatives of the Ukrainian ProGEO group took part. Active work of the Ukrainian ProGEO group created conditions for transition to a new level of geoconservation, i.e. determination of the possibility of creating a new category of objects of the Nature-Reserve fund of Ukraine – geological parks (geoparks) as important locations for the development of geotourism and territories of complex conservation of the natural environment.

scholarly journals Current issues of the implementation of a criminal penalty

2021 ◽  
Vol 17 (2) ◽  
pp. 93-100
Author(s):  
Ekaterina V. Avdeeva
Keyword(s):  
Integrated Approach ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Current Trends ◽  
Criminal Penalty ◽  
General Scientific ◽  
The Subject

The subject of the research is the criminal-legal aspects of the implementation of a fine as a type of criminal punishment. In this regard, an analysis of the materials of judicial practice is carried out, which makes it possible to reveal the current trends in the appointment of a criminal fine by the court. The dynamics of the appointment of a fine by the court as the main and additional punishment has been established. The purpose of the study is to uncover the problems of implementing a criminal fine as a type of punishment and to develop proposals for improving the mechanism for imposing a criminal fine by a court. The methodological basis of the research is formed by a set of general scientific and private scientific methods that predetermined an integrated approach to the study of the purpose of a fine as a type of punishment. In the course of achieving the goal of the study, special legal methods of cognition were used to facilitate the analysis of the legal regulation of the appointment of a fine, the determination of the property status of a person, and other income of the convict. The main results of the study contain conclusions and proposals aimed at improving the measures for the appointment of a fine in relation to minors, for the aggregate of crimes, when replacing a fine in case of malicious evasion from its payment. Conclusions are formulated regarding the methodological, organizational and practical aspects of the legal impact of a fine as a type of punishment aimed at achieving the goals of punishment. The novelty of the research topic lies in the formulation and solution of the problem associated with the appointment of a fine: 1) for the aggregate of crimes; 2) in relation to minors. Conclusions and proposals for improving the criminal law governing the basis and procedure for imposing a criminal fine are formulated.

scholarly journals Prosecutor's authority in the conceptual-categorical apparatus of the theory and practice of prosecutorial activity outside the criminal law sphere

2021 ◽  
pp. 58-68
Author(s):  
Darina Viktorovna Kocheva
Keyword(s):  
Semantic Content ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Public Interests ◽  
Legal Obligations ◽  
Legal Nature ◽  
Private And Public ◽  
The Subject ◽  
Universal Definition

The subject of this research is the approaches existing in the theory and practice of prosecutorial activity towards determination of the concept of “prosecutor's authority” and its constituent definitions, their correlation with the scientific views of legal scholars upon the state-legal category of “authority”. Due to the fact that any science is based on the terminological framework, featuring units that differ in their semantic content, the research of the cognizable basic category that does not have a universal definition, neither in science nor effective legislation, as well as the contradicting legal phenomena of different legal nature (rights and obligations) at its part, substantiates the relevance of this research. The scientific novelty of lies in the author’s argumentation of similar, identical and opposite perspectives on the subject matter existing in the literature, effective legal regulation, personal experience of working in the prosecutor's office, justification of conclusion in the indicated category of “legal obligations”. The author comes to the conclusion there is no need for normative differentiation the rights and responsibilities of the prosecutor within the framework of his “general oversight” authority and optimality of the existing regulation, which authorizes the prosecutor to act at the own discretion (making decisions based on subjective opinion and assessment) in terms of the grounds  and means set by law, with consideration of private and public interests.

scholarly journals ON THE CORRELATION OF ADVOCACY AND ENTREPRENEURSHIP

2021 ◽  
Vol 77 (4) ◽  
pp. 93-100
Author(s):  
Andrii Lapkin ◽  
Keyword(s):  
Legal Status ◽  
Entrepreneurial Activity ◽  
Scientific Article ◽  
Professional Activities ◽  
Tax Legislation ◽  
Domestic Legislation ◽  
Advocacy Activity ◽  
The Subject ◽  
Taxation System

The relevance of the topic of the scientific article is due to the development of the institution of the bar in Ukraine, in the process of which the issue arises about correlation between advocacy and entrepreneurship. This problem is not only theoretical, but also practical, since the determination of the legal status of an advocate as a subject of advocacy, as well as the taxation of this activity, depend on its solution. The purpose of the scientific article is to determine correlation of advocacy to entrepreneurial activity, as well as to resolve the issue of the possibility of combining these types of activities by an advocate. This problem is considered in two aspects: the possibility of a person combining advocacy activities with entrepreneurial activity and the possibility of carrying out entrepreneurial activity within the framework of advocacy activity. Based on the analysis of theoretical works and domestic legislation, it was concluded that the conduct of advocacy is compatible with any type of entrepreneurial activity. At the same time, Ukrainian law does not consider advocacy as an enterprise. The issue of taxation of advocacy is being considered. On the basis of tax legislation, it was concluded that advocates are considered to carry out independent professional activities, which excludes the application of a simplified tax system to them. The compliance of advocacy activity with the criteria of entrepreneurship was analyzed. The possibility of attributing advocacy to the types of entrepreneurial activity with preservation of specific tasks, guarantees and other features of advocacy activity is justified. This creates the basis for the possibility of taxing advocacy under in a simplified system. The delimitation of advocacy and entrepreneurial activity could remain only the subject of theoretical discussions, if not applied to the measurement of this problem relating to the approach to taxation of such activities. Consideration of advocacy as an entrepreneurial is more advantageous for lawyers, since it allows a simplified taxation system.

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