scholarly journals Foreign experience in ensuring penitentiary security

2019 ◽  
Vol 1 (3) ◽  
pp. 166-190
Author(s):  
Andrey Shcherbakov ◽  
Georgiy Kolarov
Keyword(s):  
General Characteristic ◽  
Legal Regulation ◽  
Complex Character ◽  
Foreign Experience ◽  
Emergency Situations ◽  
Existing Problems ◽  
Legal Method ◽  
Foreign Countries ◽  
Private Prison ◽  
Domestic Practice

The article constructively examines the activities of penitentiary institutions of leading foreign countries to ensure penitentiary security, taking into account the possibility of its use in domestic practice. The general characteristic of the modern Penal system of Russia is given, the main stages of its reform are noted, the political line of humanization of the Penal sphere while ensuring security for society, citizens and the state is pointed out. The internal and external aspects of penitentiary security, their organic interrelation and its integral and complex character are noted. On the basis of comparative legal method, in combination with other methods of scientific knowledge, the foreign experience of ensuring security of penitentiary institutions by differentiating convicts and conditions of serving sentences, as well as taking into account the wide use of advanced technical means of control and supervision in the process of penitentiary activity, is considered. As a result of generalization of foreign experience and its comparison with domestic practice, the existing problems of legal regulation in terms of differentiation of convicts serving sentences with isolation from society, as well as in the use of technical means to ensure prison security, are identified, and amendments to the current Penal legislation are proposed. As a matter of discussion, taking into account the review of best foreign experience, issues relevant to domestic practice, concerning the peculiarities of ensuring prison security in emergency situations, the model of a private prison institution, and the development of forms of social control and supervision of persons released from prison institutions, are noted. In this regard, conclusions about the parameters of foreign experience use in domestic practice are formulated.

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

THE RIGHT TO LOCATE AND PROSPECTS OF ITS LEGAL REGULATION IN UKRAINIAN LEGISLATION

2017 ◽  
Author(s):  
Valeriy Aveskulov ◽  
◽  
Yuliia Deresh ◽  
Albina Romanchuk ◽  
◽  
...  
Keyword(s):  
Working Conditions ◽  
Legal Status ◽  
Protective Action ◽  
Legal Regulation ◽  
Economic Pressure ◽  
Foreign Experience ◽  
Labor Legislation ◽  
Foreign Countries ◽  
European Experience ◽  
The Right

This article is devoted to the study of the right to lockout, the legal status and procedure of which are not regulated in the labor legislation of Ukraine. The article considers the experience of foreign countries and options for legislative consolidation of the right to lockout. It is established that there are two types of lockout - defensive and offensive, the first of which acts as a reaction of the employer to the strike. The offensive does not require such a precondition as a workers' strike and is a means for the employer to impose its working conditions. Based on this, it was determined that most countries allow the employer to resort to such a measure if the lockout is defensive, but the procedure for its implementation contains a number of restrictions. The article analyzes the provisions of the European Social Charter, the Law of Ukraine "On the Procedure for Resolving Collective Labor Disputes (Conflicts)", the Draft Labor Code of Ukraine dated 04.12.2007 № 1108, the Draft Labor Code of Ukraine dated 27.12.2014 № 1658, the Draft Labor Code of Ukraine 08.11.2019 № 2410-1, Draft Labor Code of Ukraine dated 08.11.2019 № 2410, Draft Law on Strikes and Lockouts dated 27.12.2019 № 2682. The article considers the views of domestic scholars on the feasibility of enshrining in Ukrainian law the employer's right to lockout, some of which consider it appropriate to allow the right to lockout as a protective action of the employer in response to workers' strike, but with some restrictions. Other scholars advocate a direct ban, as such an employer's right may violate workers' right to strike. Based on the positions of scientists, foreign experience and analysis of numerous legislative attempts to determine the legal status and procedure of the right to lockout, a variant of its enshrinement in the labor legislation of Ukraine is proposed to balance the rights and interests of employees and employers and avoid economic pressure on employees. The authors consider it appropriate to consolidate the right to lockout if it is defensive, following the example of European experience.

Holding Peaceful Assemblies in the Republic of Kazakhstan: Rights of Citizens and Administrative Liability

2018 ◽  
Vol 9 (3(33)) ◽  
pp. 870
Author(s):  
Timur K. AVENOV
Keyword(s):  
Constitutional Law ◽  
General Characteristic ◽  
Legal Regulation ◽  
International Standards ◽  
Legal Norms ◽  
Foreign Countries ◽  
Legal Model ◽  
The Republic ◽  
The Right ◽  
Mass Events

The article considers the matters of constitutional and administrative-legal regulation of the right to peaceful assembly in the Republic of Kazakhstan (RoK) and a number of foreign countries. Since there is a lot of publications dedicated to the study of compliance of this legislation to international standards, the analysis has been conducted by the following criteria: the general characteristic of the right to freedom of assembly from the viewpoint of international and constitutional law standards, the principles of organization and holding of public assemblies, the procedure of organization of a public assembly and its holding, and the liability for breaching this procedure. The author shows that the current incoherence of legal norms in this area prevents from developing a unified legal model for administrative liability for breaching public order and safety when holding mass events. Based on the study of normative and research materials in administrative and constitutional law, legal principles and approaches to freedom of assembly in international law and the law of a number of foreign countries, the author proposes options to improve the conceptual framework of legislation concerning assembly and mass events, to formulate proposals that will allow efficiently and legally applying administrative liability for breaching the RoK law concerning the procedure of organization and holding of peaceful assemblies, rallies, marches, pickets and demonstrations. Primary provisions and conclusions of the article can be used in scientific and practical activity when considering issues of holding liable for offences infringing constitutional rights of citizens and the established procedure for organizing and holding peaceful assemblies, rallies, marches, pickets and demonstrations, and to reform the norms of legislation on administrative offences.

scholarly journals On Understanding of Digital Financial Assets

2021 ◽  
Vol 2 ◽  
pp. 40-44
Author(s):  
Yulia K. Tsaregradskaya ◽  
Keyword(s):  
Legal Regulation ◽  
Practical Significance ◽  
Financial Assets ◽  
Legal Practice ◽  
Educational Materials ◽  
Scientific Methods ◽  
Existing Problems ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
General Scientific

Purpose. In the context of the development of digital technologies, the issue of the existence and legal regulation of digital of financial assets is being updated. In modern legal practice, there is no uniformity in the terminology of these relations, so it is especially important to consider the possibility of using different terms from digital currency to digital rights. The article analyzes various approaches to defining the concept of cryptocurrency offered by specialists working not only in the field of law, but also in economics, since it is important to consider the possibility of reflecting digital assets in accounting. In the course of the research, both General scientific and private scientific methods were used: scientific abstraction, system, logical, analysis and synthesis, comparative legal and formal legal. Conclusions are made that: 1) as a result of numerous discussions about the legal regulation of digital of financial assets, the state has decided on the terminology in these relations; 2) according to the author, the most successful term is the concept of “digital financial assets”, since the term “asset” is used in russian legislation, in particular investment and tax; 3) russian legal practice has used the experience of foreign countries when making changes to existing legislation, in particular in civil, expanding the list of objects of civil legal relations. Scientific and practical significance. This research allows us to critically understand the existing problems of cryptocurrency regulation, as well as contributes to the development of theoretical directions on this topic and the creation of educational materials dedicated to the digital economy.

Legal features of the provision of social support measures in the context of digital platforms introduction into public administration: Russian and foreign experience

2021 ◽  
pp. 199-213
Author(s):  
Vladimir V. Bulgakov ◽  
Aleksandra A. Brosalina
Keyword(s):  
Social Support ◽  
Public Relations ◽  
Public Administration ◽  
Social Services ◽  
Legal Regulation ◽  
Digital Platforms ◽  
Foreign Experience ◽  
Legal Method ◽  
Support Measures ◽  
The Social

The relevance of the work theme is due to the high importance of public relations in the field of state social policy. The ongoing digitalization of public administration as a global trend also affects the sphere of social support, which causes the transformation of social services provided by the state, the modernization of the process of interaction between power struc-tures and the population through the use of digital platforms. The purpose of the research is to consider certain legal and organizational features of this process realization in Russia and foreign countries. The methodological basis of the research includes dialectical method, which allowed us to examine digitalization and the social sphere of public administration as influencing each other and dynamically developing phenomena; analysis and synthesis, through which the main features of the digital transformation of public ser-vices are characterized; the comparative legal method, through which the approaches to the organization and regulation of the process of introducing digital platforms in the process of providing of social support measures are considered. In the course of studying this topic, we pay special attention to the formal legal method in order to describe and explain the legal regulation of the social security sphere, as well as the digitalization of public admini-stration. Based on the conducted research and taking into account foreign experience, we conclude that the need for further modernization of the social s system in Russia in the conditions of digitalization in part of solving the identified organizational and legal issues.

Legal Regulation of the Non-Entrepreneurial Legal Entities’ Status: Foreign Experience

2019 ◽  
Vol 9 (5) ◽  
pp. 1806
Author(s):  
Alla V. ZELISKO ◽  
Olga I. ZOZULIAK ◽  
Liliana V. SISHCHUK
Keyword(s):  
Comparative Method ◽  
Legal Regulation ◽  
International Experience ◽  
Practical Significance ◽  
Positive Experience ◽  
University Teachers ◽  
Foreign Experience ◽  
Foreign Countries ◽  
The University ◽  
Legal Entities

The relevance of the study is due to the fact that the implementation of the task of improving private-law regulation of relations with the participation of non-entrepreneurial legal entities is possible only on the basis of the international experience of the operation of the legal institute. In this context, this article aims to analyze the positive experience of regulating non-entrepreneurial legal entities under the legislation of leading foreign countries. Leading approach to the study of this problem is the comparative method that has afforded revealing peculiarities of regulation of legal entities under consideration within Ukraine and foreign countries. In the article the suggestions for improving the legislation of Ukraine are presented on the basis of foreign experience. The materials of the paper imply the practical significance for the university teachers of the legal specializations.

scholarly journals Compensation for Harm Caused to the Consumer's Health according to the Norms on Product Liability: Principal Directions for Improving Russian Legislation based on the Results of a Study of Foreign Experience

Lex Russica ◽  
2021 ◽  
pp. 144-155
Author(s):  
O. V. Kolesnichenko
Keyword(s):  
Product Liability ◽  
Legal Regulation ◽  
Consumer Health ◽  
Foreign Experience ◽  
Judicial Practice ◽  
Foreign Countries ◽  
Domestic Legislation ◽  
Health Damage ◽  
Principal Directions ◽  
Goals And Objectives

Despite the fact that cases of harm caused as a result of defects in goods, works and services represent the third most common special type of tort in Russia, with which claims for compensation for health damage are associated, the legislation does not provide additional insurance means of protection for the consumer. In judicial practice, the problems of determining the basis of tort liability for such harm, its nature and size according to Article 1086 of the Civil Code of the Russian Federation remain relevant. Foreign experience shows that many of these problems can be solved through the introduction of special evidentiary tests and the development of norms on product liability, the use of institutes of insurance of the risk of harm and liability. The paper presents a comparative legal study of the procedure and conditions for compensation for the harm caused to consumer health in Russia and foreign countries. Special attention is given to the fundamental differences between the American and European models of legal regulation of these relations. The author studied the most indicative approaches to determining the causal relationship between the defect of the goods and the damage caused, calculating the amount of compensation, understanding the defect of the goods and its legal consequences. The goals and objectives of the study are to identify and analyze the problems of legal regulation of compensation for harm caused to consumer health in Russia, study foreign experience and identify fundamentally significant areas of improvement of Russian legislation in this area. The expediency of establishing in the domestic legislation special presumptions of the presence of a defect in the goods, the origin of harm from such a defect for cases of causing damage to health during the operation of certain categories of goods is justified, a set of conditions is given, under which such a step may become possible. The prospects for the development and implementation of insurance methods of compensation for harm in this area, including mandatory no-fault insurance, are determined.

scholarly journals Relationship between an advocate and a client: foreign experience

2020 ◽  
pp. 296-299
Author(s):  
Oksana Fomina
Keyword(s):  
Legal Regulation ◽  
Point Of View ◽  
Psychological Climate ◽  
Legal Assistance ◽  
Foreign Experience ◽  
Foreign Countries ◽  
Personal Qualities ◽  
Definition Of ◽  
Order Execution ◽  
The Relationship

Relationship between the advocate and the client is a set of interrelated rights and obligations, guarantees and responsibilities.Taking into account the current political trends in the state, it can be noted that one of the most common ways of reforming nationalinstitutions is studying their activity in foreign countries. Thus, in order to find ways to improve the relationship between the advocateand the client under the agreement on the provision of legal assistance, we propose to examine the peculiarities of these relations insuch foreign countries as England, Germany, France and Poland. To ensure the consistency of the study, we propose to use certain criteria,such as: legal regulation of relations, name of the contract on the basis of which legal assistance is provided, names that are usedto the parties of the contract, list of their rights and obligations, types of responsibilities and peculiarities of payment for the advocate’sactivity.The urgency of the selected issues is confirmed by the fact that some of its aspects were examined in the scientific writings ofsuch scientists and practitioners as: N. Bakayanova, A. Biryukova, T. Varfolomeeva, T. Vilchyk, S. Fursa, and others.Studying the foreign experience of relationship between the advocate and the client indicates that there are both common and distinctfeatures. The distinguishing features include such as: presence of several types of professions engaged in the advocate activity;compulsory professional insurance; possibility of settling a dispute between the advocate and the client outside the disciplinary proceedings;admissibility of using the success fee.The point of view on the impossibility of introducing compulsory professional insurance for national advocate in the current contextis justified. The idea about advocate`s file, which has recommended character, is examined.The definition of the concept of “trust between the lawyer and the client” is proposed as a result of the actions of the advocateand the client, which depends on the moral-psychological, personal and professional qualities of the advocate and the moral-psychologicaland personal qualities of the client, and finds a manifestation in the special psychological climate of the relationship which promotesthe quality of the order execution.

scholarly journals Granting preferences in the taxation of small and medium-sized enterprises: the conformity of approaches in foreign countries and Russia

2020 ◽  
pp. 6-17
Author(s):  
Е.А. Юдин
Keyword(s):  
Economic Indicators ◽  
Tax Burden ◽  
Economic Activities ◽  
Tax System ◽  
Foreign Experience ◽  
Foreign Countries ◽  
Domestic Practice

В статье рассмотрена структура налоговых преференций, предоставляемых субъектам малого и среднего предпринимательства, с учетом действующих принципов их формирования. Проведено сопоставление налоговых преференций в зарубежной и отечественной практике. Отмечена необходимость применения позитивного зарубежного опыта предоставления преференций в России, исходя из национальной специфики ее налоговой системы. Приведены меры снижения налоговой нагрузки на малый и средний бизнес, сформулированные в действующих правовых актах, публикациях, предложениях граждан. Показаны основные экономические показатели и результаты финансово-хозяйственной деятельности в сфере малого и среднего бизнеса The article considers the structure of tax preferences, provided to small and medium-sized enterprises, taking into account the current principles of their formation. A comparison of tax preferences in foreign and domestic practice performed. The necessity of applying positive foreign experience in providing preferences in Russia taking into account the national specifics of its tax system is noted. Measures to reduce the tax burden on small and medium-sized businesses, formulated in existing legal acts, publications, and citizens' proposals, are indicated. The main economic indicators and the results of financial and economic activities in the field of small and medium-sized businesses are shown.

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