scholarly journals Improvement of administrative and legal regulation of control over compliance with legislation on protection of economic competition: foreign experience

2021 ◽  
pp. 56-61
Author(s):  
Serhii Shkliar
Keyword(s):  
Legal Regulation ◽  
Economic Competition ◽  
Foreign Experience

Ethical boundaries of the legal regulation of conditions of carrying out genetic screening in prenatal diagnosis in Russia and abroad

2020 ◽  
Author(s):  
M.V. Medvedev , G.N. Suvorov , S.S. Zenin et all
Keyword(s):  
Prenatal Diagnosis ◽  
Great Britain ◽  
Legal System ◽  
Genetic Screening ◽  
Legal Status ◽  
Legal Regulation ◽  
Ethical Problems ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific

Objectives. The purpose of this study is to study the essence of ethical problems that arise in the field of genetic screening for prenatal diagnosis (PND) and determine possible ways to overcome them by legal means, taking into account the existing foreign experience. Materials and methods. Normative legal acts and doctrinal sources of Great Britain, Germany, Ireland, France and Switzerland are studied. Methods used: General philosophical, General scientific, private scientific, special (structural-legal, comparative-legal, formal-legal). Results. Ways to resolve ethical problems that arise or may arise in the future as a result of genetic screening for PND, which can be applied within the Russian legal system, are proposed. Conclusions. It is stated that most of the identified ethical problems are related to the lack of normative consolidation of the legal status of the fetus. It is presumed that the beginning of ethics should serve as the guide for legislation in this area. At the same time, it is emphasized that the legal regulation of genetic screening in PND should be flexible enough to optimally ensure the interests of all participants in these relationships. In addition, in this direction, it seems appropriate to refer to the experience of a number of foreign countries, whose legislation provides for fairly strict requirements in the field of PND.

Foreign experience in constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law

2021 ◽  
Vol 28 (2) ◽  
pp. 55-65
Author(s):  
Oleksandr M. Bukhanevych ◽  
Serhii O. Kuznichenko ◽  
Anastasiia M. Mernyk
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Well Being ◽  
Legal Regulation ◽  
Martial Law ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific ◽  
The Individual ◽  
Exhaustive List

The study investigates the foreign experience of constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law in Macedonia, Armenia, Belarus, Moldova, Georgia, Latvia, Lithuania, Albania, Azerbaijan, which is relevantin modern conditions, based on the presence of local military conflicts, emergencies, or the possibility of their existence in many countries of the world. The purpose of this study was to analyse the text and content of the constitutions of foreign countries to clarify and explain the groundsfor restricting human and civil rights and freedoms in conditions of emergency and martial law. To achieve this purpose, the study employed a system of methods of scientific cognition, namely general scientific (analysis, synthesis), particular (comparative, quantitative and qualitative analysis, approximation), as well as special legal (formal legal, comparative legal) methods. The practical value of the study lies in the identification of four prevailing trends in the constitutions of foreign states to the procedure for determining the scope of restrictions on human rights under special regimes: 1) consolidation of an exhaustive list of rights and freedoms in the constitutions, which cannot be restricted during the period of emergency and martial law; 2) consolidation of an exhaustive list of rights and freedoms in the constitution, which can be restricted to protect human rights, the democratic structure of the state, public safety, the well-being of the population and morals; 3) combining the first two options for consolidating restrictions in the text of the constitutions; 4) consolidation of the possibility of limiting the rights and freedoms of the individual in the texts of constitutions by state authorities under special legal regimes in the interests of national security without specifying partiular rights and freedoms that may (or may not) be restricted

scholarly journals THE FOREIGN EXPERIENCE OF IMPROVEMENT OF NATIONAL LEGISLATION IN THE FIELD OF ELECTRONIC REGULATION STATE REGISTERS

2019 ◽  
pp. 47-50
Author(s):  
O. O. Bernaziuk
Keyword(s):  
Electronic State ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Unified Approach ◽  
Telecommunication System ◽  
National Legislation ◽  
Foreign Experience ◽  
Legal Principle ◽  
Characteristic Features ◽  
State Registration

The article is devoted to the study of foreign experience of improving national legislation in the field of regulation of the organization of electronic state registers. The author analyzed scientific conceptual approaches to defining the concept of state registration, on the basis of which a number of characteristic features of state registration were distinguished. Based on the scientific and legal analysis, it is concluded that the objects of state registration may include, in particular: information about natural and legal persons, things (movable and immovable), property and other rights (property rights, leases, easements, etc.), documents (regulations, court decisions, statutes, etc.), legal facts (birth, death, acquisition or loss of citizenship, formation, reorganization, liquidation of a legal entity, public association, commencement or termination of a pre-trial investigation, enforcement On proceedings, etc.). The author analyzes foreign experience of countries such as Georgia, Germany, Sweden in the field of legal relations arising in the sphere of state registration and organization of electronic state registers. Based on the analysis, it is concluded that one of the significant shortcomings of national legislation in the field of legal relations arising in the field of state registration is the lack of a single legislative approach to the formation of the list of information about the object of state registration. In order to improve the legal regulation of state registers, including in the light of foreign experience in this field, the author has developed the following proposals, in particular, to introduce a unified approach to: defining the concept of “state registry” (as an information and telecommunication system), “state registration” (as a type of state activity); the procedure of keeping state registers, if their holder is one body; Introduce the legal principle of determining the amount of information about a state registration object, in particular: extending the information contained in public registers and minimizing information in non-public registers.

Methodological foundations of legal education reform in Ukraine: Scientific paradigm and modern context

2021 ◽  
Vol 28 (2) ◽  
pp. 114-122
Author(s):  
Oleksii O. Kot ◽  
Nadiia V. Milovska ◽  
Leonid V. Yefimenko
Keyword(s):  
Education Reform ◽  
Professional Training ◽  
Legal Education ◽  
Legal Regulation ◽  
Training System ◽  
The State ◽  
Educational Process ◽  
Practical Training ◽  
Practical Skills ◽  
Foreign Experience

The study investigates the current state and defines the methodological foundations for improving the practical training of lawyers in the context of reforming legal education by establishing the features of legal regulation of legal education and its role in the state system, identifying the main problems of modern legal education, as well as analysing foreign experience in practical training of specialists in the field of law. The study uses general scientific and special legal methods of scientific cognition, including comparative legal, philosophical and functional methods, dialectical and formal legal methods of cognition, method of analysis and synthesis. The paper established that the professional training of future specialists in the field of law is currently described by a disparity between the theoretical knowledge and practical skills of law graduates, which complicates their adaptation to practical work. The authors of this study proved that the reform of the legal training system through increasing its practical orientation, determining the state needs of legal personnel of various educational levels, internationalisation of higher education, introduction of new specialisations in accordance with the needs of various spheres of legal practice, should become the basis for the development of legal education in Ukraine. Attention was focused on the need to optimise the system of training legal personnel mainly through the introduction of new teaching methods, the approval of new educational standards, considering the corresponding progressive foreign experience in this field, provided that the accumulated experience, traditions, and principles of Ukrainian higher legal education are preserved, thereby ensuring the development of future specialists with stable practical skills of law enforcement activities. It was found that in the context of the reform of legal education, it is important to establish such requirements for the educational process that would ensure that students master not only a minimum amount of knowledge, but also practical skills because practical training of students is a mandatory component of the educational and professional programme for obtaining an educational degree. In particular, it is necessary to reorient the content and orientation of educational works of applicants for legal education, which should be focused not only on repeating or reproducing theoretical material, but also on solving specially developed practical situations. The issue of increasing the duration of internships and effective cooperation between educational institutions and employers is also important. Improving the effectiveness of training specialists in the field of law through a proportional ratio of theoretical and practical content of the educational process in legal specialities is aimed at modernising the higher legal education model in Ukraine

THE ROLE OF POLITICAL PARTY FACTIONS IN PARLIAMENT: NATIONAL AND FOREIGN EXPERIENCE

2021 ◽  
Vol 6 (7) ◽  
pp. 37-43
Author(s):  
Ikhtiyor Bekov ◽  
Keyword(s):  
Political Parties ◽  
Political Party ◽  
Legal Status ◽  
Legal Regulation ◽  
Legal Basis ◽  
Foreign Experience ◽  
The Republic

This article is devoted to the issues of constitutional and legal regulation of the legal status of factions of political parties in the parliament. In the article, the constitutional and legal basis of the activity of factions of political parties in the Republic of Uzbekistan has been studied based on comparison with national and foreign experience and its specific features have been revealed. The scientific works of national and foreign researchers on the stages of formation and development of the legal basis of the activity of factions of political parties in the Republic were been analyzed

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