scholarly journals PERMIT SERVICES OF THE MINISTRY OF JUSTICE OF UKRAINE IN THE FIELD OF NOTARY

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 106-113
Author(s):  
Т. М. Колотілова
Keyword(s):  
Scientific Work ◽  
Legal Rights ◽  
High Price ◽  
Public Authorities ◽  
Individual Character ◽  
The Subject ◽  
Law And Justice ◽  
Government Body ◽  
The Right ◽  
The Cost

The relevance of the article is that today, the requirements for persons who intend to carry out notarial activities are unreasonably high compared to the requirements for a candidate for judge or lawyer, and the procedure for obtaining a certificate of the right to engage in notarial activities is complicated. That is, the requirements for future notaries are the most stringent, which is not justified and at the same time limits the rights of citizens to access the profession. Therefore, artificial restrictions on access to notarial activities reduce competition, increase monopolization in this area, increase the cost of services, and in some areas lead to a lack of notaries, resulting in the greatest consumer suffering (in particular, the inability to obtain the service or set a very high price for the service). The scientific work examines the scientific positions of scientists on the understanding of permitting services of public authorities and in particular permitting services by the Ministry of Justice of Ukraine in the field of notaries. It is proved that the content of the procedure for providing licensing services by the Ministry of Justice of Ukraine in the field of notaries is a procedure of consideration and resolution of individual (separate) cases regulated by the norms of administrative procedure in order to form and implement state policy in the field of notaries by issuing, to a natural person (citizen of Ukraine, notary, official of a local self-government body) of a permit document, which has an individual character. The classification of permitting services by the Ministry of Justice of Ukraine in the field of notaries depending on the type and subject of activity has been carried out. The definition and highlights of the main features of permitting services by the Ministry of Justice of Ukraine in the field of notaries are given. It is determined that the features of the permitting service of the Ministry of Justice of Ukraine in the field of notary are: 1) the legally defined subject of providing permitting services in the field of notary; 2) the purposefulness of the purpose of providing licensing services in the field of notaries - the establishment in society of the rule of law, trust in law and justice; 3) is public authority, by-law and takes place in a legally defined procedure for granting a permit; 4) aimed at the implementation by the subject of the appeal of legal rights, obligations and interests in the field of notary; 5) provides for the observance and fulfillment of legally defined requirements by the subject of the appeal; 6) the final result - a permit.

scholarly journals Subjects of the Right to Appeal to the Court in Cases of Recognition of Inheritance as Escheat

2021 ◽  
pp. 70-94
Author(s):  
Nadiia BONDARENKO-ZELINSKA ◽  
Maryna BORYSLAVSKA ◽  
Oksana TRACH
Keyword(s):  
Human Rights ◽  
The Public ◽  
Scientific Analysis ◽  
The Status ◽  
Land User ◽  
Legitimate Interests ◽  
The Subject ◽  
Government Body ◽  
The Right ◽  
Do So

The article explores certain problems of law enforcement practice in recognizing inheritance as escheat. The subject of scientific analysis is the subject composition of these procedural relations. Applicants in this category of cases can be conditionally divided into two groups: 1) persons obliged to submit an application to the court for recognition of the inheritance as escheat, and 2) persons who have the right to do so. The persons who are obliged to apply to the court for recognition of the inheritance as escheat are territorial communities. On the basis of an analysis of the legislation, it was established that in the case where a united territorial community was formed in a certain territory, it is authorized to apply to the court for recognition of the inheritance as escheat. On behalf of the local self-government body as a representative of the territorial community (united territorial community), a lawsuit may be initiated to recognize the inheritance as escheat: 1)by its headman or 2) another person authorized to do so according to the law, statute, regulation, employment contract. That is, there can be both self-representation and representation on the basis of a special assignment. It received additional justification for the ability of the prosecutor’s office to submit an application for recognition of the inheritance as escheat in the absence of a territorial community. In such a case, the public prosecutor's office shall represent the legitimate interests of the State in court, in accordance with article 56 of the Code of Criminal Procedure, as a body or person entitled to defend the rights, freedoms and interests of others (human rights defender). The possibility of participating not only as an applicant but also as a human rights defender is justified. The possibility of self-representation of local self-governments in cases of recognition of inheritance as escheat by a headman is proposed. It is further argued that such a possibility should be provided for in the Headman’s Regulations, which are approved by the relevant local councils. The peculiarities of initiation of production by subjects for whom the application to the court for recognition of the inheritance as escheat is a right, not an obligation (creditors of the testator, owners and/or users of adjacent land plots) are analyzed. If an applicant in cases of recognition of the inheritance as escheat is a creditor, documents confirming the existing obligations in relation to the debtor-testator should be attached to the application. Recommendations are made on a list of documents that can confirm the status of an applicant-related land user to apply to the court for recognition of the inheritance as escheat. It is proposed to amend Art. 335 CPC of Ukraine on the necessity to provide the originals of written evidence together with a statement on the recognition of the inheritance as escheat. The role of a notary in cases of recognition of inheritance as escheat has been investigated. It is proposed to provide in the legislation the right of a notary to submit to the court an application for recognition of the inheritance as escheat. It is proposed to improve the way of informing the public about the discovery of an inheritance that has no heirs.

scholarly journals Les articles 8, 9 et 10 de la Charte canadienne des droits et libertés

2005 ◽  
Vol 25 (3) ◽  
pp. 677-698
Author(s):  
Marie Choquette
Keyword(s):  
Criminal Code ◽  
Legal Rights ◽  
Bill Of Rights ◽  
Canadian Charter ◽  
Section 8 ◽  
Legal Provisions ◽  
The Subject ◽  
The Right ◽  
Do So

Legal rights protected under sections 8, 9 and 10 of the Canadian Charter of Rights and Freedoms are the subject of this article. Section 8 affords protection against unreasonable search or seizure; there was no similar provision under the Canadian Bill of Rights. Authorized searches and seizures by warrant will be considered unreasonable whenever minimal standards laid down in section 443 of the Criminal Code have not been respected. Furthermore, searches or seizures without warrant will be judged unreasonable if they do not conform to the legal provisions under which they are authorized. Section 9 protects against arbitrary detention or imprisonment. Some judges deem detention to be arbitrary if it is not authorized under statute, while others feel that detention is arbitrary whether authorized by statute or not if it be capricious or unreasonable. Finally, section 10 provides for certain rights to a person who is arrested or detained, such as the right to be informed of the reasons for arrest or detention, the right to be informed of his or her right to retain and instruct counsel and the right to do so, and the right to have the validity of the detention ascertained.

scholarly journals PARTICULAR FEATURES OF CONTRACTUAL INHERITANCE OF LEGAL CLAIMS AND OTHER LIABILITIES

2016 ◽  
pp. 0-0
Author(s):  
Эдвард Пилипсон ◽  
Edvard Pilipson
Keyword(s):  
International Law ◽  
Subject Matter ◽  
Practical Problem ◽  
Correct Choice ◽  
Private International Law ◽  
Legal Regime ◽  
Applicable Law ◽  
The Subject ◽  
The Right ◽  
The Cost

Contractual succession of legal claims and liabilities in administering rules of private international law is a quite complicated practical problem. The correct choice of the applicable law is the priority in this situation. As of today inheritance of movables, including claims, liabilities takes place according to the connecting factors’ rules “lex patriae” and “lex domicilii” which according to the offered assumption, are not adequate in a situation of the inheritance by contract. It is worth mentioning that in some cases the right to claim, liability acquires legal regime called “res in transitu” which requires special succession regime. Secondly, it is necessary to evaluate the subject matter of the contract. Inheritance by contract is mediated by the tools of the contractual right which is based on the concluded contract with the cross material perquisites evaluated in a certain sum. Due to this circumstance the assessment should be accepted as a basis for the contract price. Since in accordance with the current legislation the assessment can be made solely in relation to a constant liability (for example, in the situation with a contract of purchase), in case of a contractual inheritance of legal claims (cession), it is not clear how provisional assessment can be made, as the cost of liabilities can change drastically depending on circumstances in the course of a certain period of time. This article is devoted to the investigation of these problems.

scholarly journals Efficient concrete increased water resistance modified with mineral and polymeric additives

2019 ◽  
Vol 97 ◽  
pp. 02017 ◽  
Author(s):  
Evgeniy Velichko ◽  
Nikita Polkovnikov ◽  
Yuliya Sadchikova
Keyword(s):  
Portland Cement ◽  
Water Resistance ◽  
High Price ◽  
Underground Structures ◽  
Basic Properties ◽  
Polymeric Additives ◽  
Impervious Layer ◽  
The Subject ◽  
The Cost

The article deals with issues of optimizing the composition of efficient concrete increased water resistance, reducing its cost without losing or increasing its basic properties. In recent years, the most effective method of tightness to water in the construction of buried and underground structures, as opposed to the use of bituminous and other traditional materials, is a method based on the use of concrete with increased water resistance. This type of tightness to water is called “White bath” in Europe. The essence of the technology is that the role of the impervious layer is performed directly by the concrete itself. The subject of the study is the composition of self-stressing concrete, which has a high density and fastness to water, but a high price compared to the concrete on Portland cement, which limits its wide application. The aim of the study is the development and optimization of the composition or stressing concrete with desired properties using a variety of mineral and polymeric additives to reduce the cost of the finished product while maintaining or improving the significant operational indicators.

scholarly journals Children as an Object of the Right-Wing Populist Politics and Discourse in Poland

2021 ◽  
Vol 25 (2) ◽  
pp. 67-91
Author(s):  
Mikołaj Rakusa-Suszczewsk ◽  
Keyword(s):  
Eastern Europe ◽  
Central And Eastern Europe ◽  
Right Wing ◽  
Systemic Transformation ◽  
The Subject ◽  
Law And Justice ◽  
The Right ◽  
Cultural Chauvinism

In Central and Eastern Europe populist regimes are attracting attention as a result of the traumatic legacy of communism, the subsequent overburdening reforms and exhausting systemic transformation, resurgence of ever-lurking nationalism, regional conservatism, parochialism and cultural chauvinism, and/or as an example of the structural shortcomings of young democracies at the borders of civilization. The subject literature also indicates numerous and universal elements of populist governments, present as well in this part of Europe. Without prejudging the aptness and strength of these various concepts and arguments, this article is an attempt to include in these wideranging themes a particular issue that absorbs conservative populists, namely “childhood” and “children”. While the problem of children in politics has already received numerous interpretations, the importance of childhood in the right-wing populist discourse and politics has so far remained an issue discussed only occasionally. We put forward the thesis that children play an important and specifi c role in the right-wing populist superstructure – they constitute an illusory picture of the nation, an allegory of its renewal, as well as a convenient, though inconsistently used, instrument for achieving political, ideological and propaganda goals. Attitudes towards children can be an important characteristic of populism as such, and should be taken into account in research on the subject. We will illustrate these problems using the example of Poland and the populist Law and Justice (PiS) Party that is in power there now.

Rights as Security

2019 ◽  
pp. 152-174
Author(s):  
Rhonda Powell
Keyword(s):  
Human Rights ◽  
Capabilities Approach ◽  
Legal Rights ◽  
Human Rights Law ◽  
The Subject ◽  
The Right ◽  
The Relationship ◽  
Learning Points ◽  
Legal Right

Chapter 7 considers issues in applying the analysis of the right to security of person put forward in this book as the basis of a single legal right. It is argued that security of person, substantiated through the capabilities approach (or any other adequate theory of personhood), is too broad to be the subject of a single legal right. This contention raises an important normative question about the role which security of person should play in human rights law. It is accepted that existing legal rights to security of person are rightfully delineated, albeit that these delineations are pragmatic rather than principled. However, drawing on the key learning points that can be drawn from the analysis of security of person in this book, Chapter 7 explores an alternative way to understand the relationship between security of person and human rights law. It is argued that human rights law in general could be seen as one of the key ways by which international and national legal systems seek to further security of person. This approach is referred to as ‘rights as security’.

NATIONAL AND INTERNATIONAL STANDARTS OF RIGHT TO PEACEFUL ASSEMBLY

2017 ◽  
Author(s):  
Alexander Kushnirenko ◽  
◽  
Alisа Aliyeva ◽  
Roman Michkivskyi ◽  
Varvara Stoyanova ◽  
...  
Keyword(s):  
International Law ◽  
Scientific Work ◽  
Legal Regulation ◽  
Current Status ◽  
European Court ◽  
Foreign Countries ◽  
The Subject ◽  
Constitutional Right ◽  
The Right ◽  
International Instruments

The article is devoted to problems of legal regulation and implementing the constitutional right of citizens to peaceful assembly in Ukraine. The authors represent the approaches of different scholars and international and national practices of realization citizens` right to peaceful assembly and summing up the results the authoors offer options for improving and optimization legislation on peaceful assembly. On the basis of international experience in regulating this institution in foreign countries, Ukraine has the opportunity to legislate and regulate the right to peaceful assembly, taking into account the provisions of the fundamental international instruments, which reflect the subject matter of this scientific work The authors' article analysed the current status of the constitutional and legal establishment of the right to peaceful assembly in Ukraine. The ways in which citizens exercise the right to peaceful assembly and the possibilities for the State to restrict this right to peaceful assembly in the interests of national security and public order in international practice have been studied. Much attention is given to the international legal regulation of the right to peaceful assembly, in particular the main international instruments which can be considered as sources of the formation of the law of this important legal institution through the prism of heavy and soft international law. The practice of settling disputes on the right to peaceful assembly by international judicial institutions, in particular the European Court of Human Rights, has also been examined.

scholarly journals Zakres podmiotowy prawa do petycji w Niemczech

2019 ◽  
pp. 79-99
Author(s):  
Filip Zygmunt Wichrowski
Keyword(s):  
Federal Republic ◽  
Ancient Rome ◽  
Federal Republic Of Germany ◽  
Public Authorities ◽  
Future Possibility ◽  
The Public ◽  
Basic Law ◽  
The Subject ◽  
The Right ◽  
The 19Th Century

The subject of this article is the right to petitions specified in Article 17 of the Basic Law of the Federal Republic of Germany. This provision regulates the individual’s right to address requests and complaints to public authorities. This publication contains an analysis of this institution with regard to entities that are entitled to exercise this right, as well as entities obliged to consider submitted petitions. The author begins the analysis of the indicated institution be reviewing the evolution of the historical right to petition, which has evolved from the institution of supplication known in ancient Rome. He indicates changes in the subjective scope of the right to petitions, focusing on the achievements of German constitu- tionalism in the 19th century. Next, the current regulation that guarantees the right to petition in Germany in its normative environment is presented. The public authorities that are the addressees of the petition have been analysed, and the scope of duties associated with receiving a complaint or request indicated. Furthermore the author describes particular types of entities that are guaranteed the right to submit petitions under the Basic Law of the Federal Republic of Germany. In this respect, various kinds of restrictions of this right, depending on the type of the petitioner, are identified. The last part of the work contains the characteristics of various forms of petitions due to the type of author and the addressee. Various functions which currently are fulfilled by the institution of petitions were subjected to analysis. In this context, a distinction was made between individual petitions and collective petitions, tak- ing into account their subject matter and the aims intended by the petitioner. The author also shows the future possibility of a development of the discussed institution, describing the public petition to the Bundestag, which has an electronic form.

Cavitation Studies on a Model of Primary Sodium Pump

2002 ◽  
Author(s):  
S. G. Joshi ◽  
A. S. Pujari ◽  
R. D. Kale ◽  
B. K. Sreedhar
Keyword(s):  
Flow Rate ◽  
Liquid Sodium ◽  
Pump Impeller ◽  
Sodium Pumps ◽  
The Subject ◽  
Reactor Pool ◽  
The Right ◽  
The Cost ◽  
Large Flow ◽  
Cold Liquid

Indira Gandhi Centre for Atomic Research for their Fast Breeder Reactor had a requirement of two primary sodium pumps, with relatively medium head and comparatively large flow rate. The pumps had to be vertical bowl type, with inverted suction, drawing the relatively cold liquid sodium from the reactor pool, and forcing it over the fuel rods. The flow involved was 4.3 M3/sec. per pump and the head involved was 75 m. The available NPSH was 16.02m. The choice of the right speed was the first hurdle to be overcome. The size of the pump governed the cost of the reactor. Hence it was essential to make the pump as compact as practicable, by designing it to run at the highest possible speed. On the other hand the required NPSH of the pump increased with speed, there by reducing the safety cushion between required NPSH and available NPSH. Increasing the available NPSH beyond 15.55 m to accommodate higher speeds also increased the cost of the reactor phenomenally. Coupled with the requirement of head, flow rate, efficiency, the application demanded a certain erosion life of the pump impeller. Concluding from the previous experience and available literature on the subject, it was necessary to limit the size of the cavitation bubble patch, during operation under available NPSH, to meet erosion life requirement. The paper describes how the choice of speed was made and what were the criteria applied for deciding the value of 3% head drop NPSH. It also describes how a closed circuit test rig was installed for the purpose of testing a model pump and how the usual performance and NPSHR tests paint erosion tests and visual cavitation tests were carried out on a geometrically similar, smaller model pump, to decide that the prototype pump built from the model will meet all the requirements of head, flow rate, efficiency, 3% head drop NPSHR, 0% head drop NPSHR, Paint erosion NPSHR, and the cavitation patch size to meet desired erosion life criteria, in the laboratories of Kirloskar Brothers Limited.

scholarly journals IMPLEMENTATION OF PARTNERSHIP RELATIONS IN CONCESSION AGREEMENTS IN CONDITIONS OF RECOVERY OF UKRAINE’S ECONOMY

2020 ◽  
pp. 163-169
Author(s):  
Lyudmyla Viacheslavivna Seroklyn ◽  
Keyword(s):  
Public Private Partnership ◽  
State Regulation ◽  
Practical Implementation ◽  
Public Authorities ◽  
Private Partnership ◽  
State Institutions ◽  
Depth Study ◽  
The Right ◽  
Effective Use ◽  
The Cost

Abstract. The practicalimplementation of the partnership will allow to resolve issues related to the support of public-private partnership (PPP), creating conditions for its development, attracting and effective use of investments, forming a positive investment image of Ukraineand accelerating integration into the world economic system. At the same time, the nature of the partnership determines the emergence of many specific tasks, the emergence of new forms of interaction and new mechanisms of state regulation of partnerships,among which the concession becomes increasingly important.The question of the essence of the partnership between business and government is an important part of research, which is mostly disclosed by public-private partnership, mechanisms for its implementation, forms and types of implementation, in particular the feasibility of concession relations.The issues of partnership between private business and state institutions are revealed in the works of a large number of modern researchers. In particular, the essence and purpose of partnership, features of public-private partnership are identified in the works of Pavlyuk K., Varnavsky V., Klimenko A. The main motives and reasons for accelerating cooperation between government and business given the limited budget and the need to expand investment activities revealed in the works of Vdovenko Yu., Grishchenko S., Nadolishny P., Neykova I. and others. Effective economic development, in terms of transformation of social processes involves in-depth study of state regulation of partnerships in Ukraine in terms of generalization of experience in the implementation of public-private partnership between government and private sectors, and necessitates further development in this area. The purpose of the article is to deepen the study of the formation of organizational and economic conditions for the intensification of concession activities in the economy of Ukraine, which gives the authorities the right to solve important problems, while reducing the cost of maintaining assets.The main forms of practical implementation of the partnership and features of the concession as a form of public-private partnership by public authorities are considered. The article presents practical achievements of experience in implementing partnerships in Ukraine in the main areas of application. Proposals for improving the regulation of partnership for the development of the national economy of Ukraine have been developed.

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