scholarly journals Right to privacy: a review of international and national legislation

Author(s):  
S. Zhetpisov ◽  
G. Esimkhanova ◽  
А. Baidildina

The article explores the role and importance of confidential information in the life of modern society, focuses on the problems of ensuring the legal protection of confidential information. The degree of personal freedom in the state, democracy and humanity of the political regime depends on how guaranteed the confidentiality of information is, the secrets of the private life of citizens, how deeply a state can penetrate the content of these secrets. As a result of the study, theoretical statements were formulated proving the existence of the institution of confidential information, its significance in the development of communicative relations was determined, a classification of existing types of confidential information in the legal system of the Republic of Kazakhstan was proposed with substantiation of its practical significance, the definition of secrecy in legislation was outlined, characteristics. Many of these problems have not been previously studied independently or are not sufficiently developed or require rethinking in relation to the new conditions of life in the country. Recently, there have been positive developments in terms of overcoming the previously established stereotypes of the secrecy cult. Many information barriers have been eliminated; methods of administrative-command management of information flows are eliminated. The general civilization process of creating the global information space implies greater openness of states. At the same time, the formation of a new statehood based on the principles of democracy, legality, the desire for more active cooperation with foreign countries based on the openness of the parties does not exclude the need to maintain state secrets and other types of confidential information.

2021 ◽  
Vol 81 (2) ◽  
pp. 13-20
Author(s):  
V. A. Grechenko

The relevance of the research topic is due to theoretical and practical significance of the problems of combating economic crime in modern conditions. In this regard, the issue of the effectiveness of the modernized police in accordance with the new tasks is of great importance. The original experience of combating economic crime was gained in previous years, but especially specific in this case were the 1950s, when there was departure from Stalin’s criminal policy, when the liberalization of the political regime and economic reforms began. In general, the country had a new political and economic situation. Various perpetrators also tried to take advantage of this, so the fight against both criminal and economic crime continued to be relevant in the new conditions. This topic is not enough studied in the historical and legal literature. Economic crime has been studied in the article in the sense that it was exactly in the specified historical period. For the first time in the historical and legal literature we studied the activities of the police to combat economic crime in the middle of 1950s, demonstrated certain achievements and shortcomings in this work, its management by the Ministry of Internal Affairs of the Ukrainian SSR. The historical and legal analysis of the normative acts regulating the work of militia in the specified sphere has been carried out. New archival documents have been introduced into scientific circulation, which made it possible to expand and deepen the scientific understanding of police activities during this period, to give it greater objectivity and reliability. The main attention has been paid to the fight against economic crime by the Ministry of Internal Affairs of the Ukrainian SSR; the author has demonstrated the shortcomings observed by the Ministry in this work, the ways to overcome them. It has been emphasized that the analysis of these phenomena by the staff of the Ministry of Internal Affairs was not always in-depth; there were repetitions and superficial judgments. The data characterizing the state of economic crime in the Republic in 1954-1955 has been provided.


2021 ◽  
pp. 9-63
Author(s):  
Krystyna Wojtczak

The Act of 20 July 2018 on Higher Education and Science is the eighth Polish normative act of statutory rank since 1920 to deal with matters concerning the title of professor, not counting separate acts and their amendments. It is also the first act based on the regulations in force before 1965 to regulate in a single act matters of higher education and science. Despite their new formulation, not all of the solutions implemented by this Act imply a full withdrawal from the regulations adopted in previous years. What is absolutely new in it, however, is the simplification of the procedure and conditions of the proceedings for conferring the title of professor through: (1) a new definition of fields of science (arts) and scientific disciplines (artistic disciplines) based, following the OECD classification, on the two-tier qualification of sciences (with some exceptions); (2) the constitution of the Council for Scientific Excellence, as a new institution, as of 1 January 2021 exclusively endowed with the right to initiate proceedings for the conferment of the title of professor (including refusal) and the subsequent process, ending with a positive or negative decision of that Council. Other solutions of this law have been subject to broader or narrower changes or have been retained in their current wording. Those of such a nature constitute answers to the following questions: (1) On whom may the title of professor be conferred, and in relation to whom, despite meeting the requirements for it, is this unacceptable, for other statutory reasons?; (2) What requirements does the legislator expect from a candidate for this academic title, and to what extent do the expectations placed on them – outstanding scientific (artistic) achievements – go beyond the framework of the previously binding standards in this regard?; (3) What determines the selection of candidates for reviewers in this procedure, and what is the procedure for selecting them?; (4) What are the conditions for a candidate’s legal protection against negative decisions by the Council for Scientific Excellence, taking into account (5) the conditions for the President of the Republic of Poland’s participation in this procedure, which have remained unchanged since 1990?


2020 ◽  
Vol 5 (4(73)) ◽  
pp. 4-11
Author(s):  
V.O. Alpysbaeva ◽  
G.M. Ibragimova ◽  
A.T. Ajtbaeva ◽  
G.B. Tapisheva

The strong limited acreage of spring garlic in the Republic of Kazakhstan is explained by the lack of local adapted varieties for spring planting. Therefore, to increase the area and volume of garlic production, it is necessary to introduce varieties of domestic selection. In Kazakhstan, there are local varieties of winter garlic, however, there are no spring ones. Therefore, in the off-season, the bulk of marketable garlic coming to Kazakhstani counters is imported from foreign countries and sold at an inflated price.The main way in solving problems of increasing cultivation and productivity areas, as well as to eliminate seasonal shortages of products, is the introduction of domestic varieties of spring garlic. As you know, garlic is a culture highly dependent on its habitat. In this regard, in the conditions of southeastern Kazakhstan, we carried out a number of scientific studies on the formation, evaluation and isolation of samples with the best economically valuable traits, for use in further breeding work.The collection of spring garlic in our experiments was formed from varieties and samples from leading scientific centers of Russia.Earlier research work on the selection and seed production of spring garlic in Kazakhstan has not been carried out. Therefore, the results of the assessment of varieties and collection samples of spring garlic, which are reflected in the article, are new and have greater practical significance


Author(s):  
Serhii Repetskyi

Purpose. The purpose of the work is to study the criminal offenses of terrorism in the criminal law of foreign countries and to outline the limits of the use of its positive assets. The methodology. The methodology includes a comprehensive analysis and generalization of existing scientific and theoretical material and formulation of relevant conclusions. The following methods of scientific cognition were used during the research: comparative-legal, logical-grammatical, system-structural, modeling. Results In the course of the research it was recognized that in the criminal legislation of foreign countries there is no single approach to the definition of criminal offenses of terrorist orientation. In most European countries, prosecution is provided not only in the criminal code, but also in special laws to combat this phenomenon. At the same time, increased attention is paid to the fight against terrorist financing and incitement to terrorism. Also noteworthy is the attribution to terrorism of a significant number of illegal acts, which without a terrorist purpose constitute independent criminal offenses (murder, bodily harm, riots, robbery, damage to important public buildings, kidnapping, etc.). Scientific novelty. In the course of the research it is scientifically substantiated to divide the legislation on liability for criminal offenses of terrorist orientation into three models: 1) complex (combination of criminal law and specially defined for counter-terrorism legislation); 2) criminal law; 3) criminological, in which the fight against terrorism is reflected only in specialized legislation. Practical significance. The results of the study can be used in law-making activities in further improving the national criminal law on terrorist offenses, as well as in the educational process during the teaching and study of disciplines "Special part of criminal law of Ukraine" and "Criminology".


Author(s):  
Oleksandra Skok ◽  
◽  
Taisiia Shevchenko ◽  

This article focuses on the criminal law characteristics of transnational crime, which has an extremely negative impact on the economic and social spheres of modern society in many countries. The provisions of international regulations on the definition of transnational crime and the reality of implementation of international agreements signed and ratified by Ukraine in terms of implementation in national criminal law of liability for crimes with transnational links have been thoroughly studied. In particular, the United Nations Convention against Transnational Organized Crime and the Agreement between Ukraine and the European Police Office on Operational and Strategic Cooperation and other international regulations on cooperation of member states in combating transnational crime were studied. The statistical data of the General Prosecutor’s Office of Ukraine are analyzed, which indicate the negative dynamics of the state of organized crime, which has increased over the last five years. The article presents official statistics, according to which in 2016 the share of organized crime amounted to 0.02% of the total number of crimes committed; in 2017 – 0.04%; in 2018 – 0.06%, in 2019 – 0.07%, in 2020 – 0.1% – which indicates an increase in the level of organized crime in general. An analysis of international regulations signed or ratified by Ukraine on the definition of transnational crime is carried out. The dispositions of the norms of the criminal legislation on detection of signs of crimes with transnational connections are analyzed. Crimes with signs of transnational crime have been identified under national legislation and the legislation of some foreign countries, on the basis of which their comparative characteristics have been made. It is established that some foreign countries also regulate the possibility of applying exemptions from criminal liability for similar criminal offenses under the domestic law on criminal liability. In particular, the norms of the Criminal Code of the Republic of Kazakhstan, the Republic of Azerbaijan, Georgia, the Republic of Moldova, the Republic of Turkmenistan, the Republic of Tajikistan, the Republic of Kyrgyzstan, the Republic of Armenia are analyzed. The article identifies a list of crimes that may have signs of transnational crime. It has been established that the largest number of crimes that may have the characteristics of transnational crime are acts related to drug trafficking, human trafficking, smuggling, economic crimes, arms trafficking, smuggling and other closely related crimes. with border crossing and international criminal relations. On this basis, it is proposed to set out the disposition of Part 2 of Art. 201 of the Criminal Code of Ukraine, which provides for liability for smuggling, taking into account the new qualifier for the commission of this act by criminal groups with transnational ties. In addition, the problem of the lack of definition of transnational crime at the legislative level in Ukraine, which prompts further research in this area, has been identified.


2021 ◽  
Vol 2 (11) ◽  
pp. 57-75
Author(s):  
Ludmila G. Batrakova ◽  

Currently, one of the most important socio-economic problems in the world is youth unemployment. Many scientists are engaged in the analysis of this problem, it is considered in the UN Development Programs, the last of which noted that today the world is home to the largest number of young people in the history of mankind. An important issue is the definition of the essential characteristics of the concept of “youth”, since at present there is no single international definition of the age group of young people. For statistical purposes, the age limits for young people are set by the UN Convention and are 15–24 years old. In Russia, before the adoption of the Federal Law “On Youth Policy in the Russian Federation” in 2020, the population aged from 16 to 30 years was considered young, and after the adoption of the Law – from 14 to 35 years. Rosstat annually analyzes the age groups of the population by various parameters: number, education, employment, unemployment, etc., and also calculates indicators, including the level of youth unemployment, the ratio of the level of youth unemployment to the level of unemployment among the adult population. An important aspect of the analysis is the regional level. In many regions of Russia, the situation on the labor market due to the coronavirus pandemic is characterized by instability. It is noted that at the end of 2020, the unemployment rate increased in 82 regions and the highest rates in Ingushetia, the Chechen Republic, and the Republic of Tyva. The problem of modern society is a large proportion of young people who do not study and do not work. Young people have great potential, but despite this, they are experiencing difficulties in finding employment, as a result, the number of NEET youth who are exposed to social exclusion and poverty is growing. The European program “Youth in Action” addresses the problems of young people through the interaction of labor markets and educational services. An important factor that reduces youth unemployment is education.


Author(s):  
Tat'yana Mihaylova ◽  
Inna Balashkevich

The article examines the stereotypes associated with the already existing and well - established gender roles in modern society- the distribution of certain official duties between persons of different sexes. The analysis of distinctive features of male and female management styles is given. The author notes that despite the existence of the job description, according to which the head performs his functions, his style of work always bears a unique imprint of his personality. The research urgency is caused by the fact that the study of the dependence of the management style of the head of the police Department from its gender features will formulate ways to improve the management efficiency of the heads of the police Department. The object of the study is the management styles of the heads of the Department of Internal Affairs. The subject of the study is the influence of the gender characteristics of the heads of the Department of Internal Affairs on the choice of management style. Research methods: analysis and systematization of scientific and psychological literature on the subject of research; general scientific methods of cognition (theoretical analysis, generalization, synthesis); monitoring; testing of heads of divisions of the internal affairs bodies of the Russian Federation; statistical methods of processing the received data. The respondents were the heads of departments of the Republic of Sakha (Yakutia) in the number of 42 people, including 24 men and 18 women. The scientific novelty of the study is to expand, supplement and clarify the scientific views on the dependence of the management style of the head of the Department of Internal Affairs on his gender characteristics. The practical significance of the study lies in the fact that the results obtained can be used by psychologists of moral and psychological support units, teachers of educational institutions of the Ministry of Internal Affairs of Russia, in order to further develop and improve the system of psychological support for the heads of the Department of Internal Affairs.


2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Moldir Abaikyzy ◽  
Lazzat K. Yerkinbayeva ◽  
Kulyash N. Aidarkhanova ◽  
Gulnar T. Aigarinova ◽  
Nurzhan S. Baimbetov

AbstractThe interest in the experience of legislative solutions to problems connected with the design and development of legal institutions in environmental protection in foreign countries, at first glance, is not directly related to the study of the laws of functioning and development of this legal institution. The relevance of the study is determined by the fact that such an interest appears as rather justified and even logical, if one is to proceed, firstly, from general ideas about the development of land legislation in the context of globalisation, and secondly, if one is to consider the desire of countries to more widely implement global and European standards of environmental policies and rights and approaches to environmental protection in general. The purpose of this article is determined by the identification the main problems of land protection legislation in the field of and form on their basis the effective system of environmental regulation, combining administrative and legislative instruments with economic, regulatory and market mechanisms. Analysis of international legal acts is used as the leading research method. It was determined that the positive experience in foreign countries related to the legal regulation of relations in legal protection of the environment allows transferring the theoretical ideas about the legal structures existing in other countries to the practical plane, which, in turn, allow to optimally regulate the appropriate circle of public relations, taking into consideration the relevant historical traditions, the internal structure of national legislation, the features of the development of environmental legislation of the respective country. The concept of protecting land from pollution by hazardous substances and ways of improving and adapting legislation in the field of waste management were proposed. The practical significance of the study is determined by the need to integrate the land legislation industry into national environmental legislation.


Author(s):  
A. V. Sleptsov

The article is devoted to the analysis of the legal protection of subsoil. Based on the analysis of legislation, the author distinguishes the theoretical features of the concepts of "subsoil" and "legal protection of subsoil," an attempt was made to formulate an author's definition of these concepts. The author concludes that it is necessary to recognize the subsoil as an object of environmental and legal protection, taking into account their properties not only as a repository of minerals, energy and other resources, but also as a complex and basic component of the natural environment. The author believes that from the point of view of the interests of subsoil protection, it is advisable to distinguish between the requirements for ensuring the rational use of subsoil and the requirements aimed directly at the protection of subsoil, with the separation of the latter into a separate article of the Subsoil Code of the Republic of Belarus "Subsoil Protection," which will contribute to the development of the environmental focus of legal regulation in this area.


Teisė ◽  
2015 ◽  
Vol 92 ◽  
pp. 80-95
Author(s):  
Edvinas Meškys

Šiame straipsnyje siekiama atskleisti žmogaus biobanko sampratą ir parodyti šios sampratos įvairiapusiškumą užsienio šalių praktikoje, dėl kurio dažnai atsiranda teisinių kliūčių bendrai plėtoti tarpvalstybinius ar tarptautinius mokslinius projektus, kurti europinį biobankų tinklą. Kartu bandoma palyginti biobanką su kitomis biologinių mėginių kolekcijomis ir nustatyti, koks biobanko apibrėžimas galėtų būti priimtinas Lietuvoje. Galiausiai, daug dėmesio straipsnyje skiriama atskirų Lietuvos Respublikos įstatymų analizei, siekiant įvertinti, ar esama teisinė aplinka sukuria pakankamą pagrindą kurti ir plėtoti specifinius mokslinius biobankus Lietuvoje. Šis straipsnis – įvadas į daug detalesnę, su moksliniais biobankais susijusių probleminių klausimų analizę. This article aims to reveal the definition of human biobank and show the diversity of this definition in foreign countries‘ practice, which often creactes legal barriers for development of intercountry or international scintific research projects, creation of European biobanks‘ network. Additionally, this article aims to compare the biobank with other collections of biological materials and identify the most appropriate definition for Lithuania. Finally, considerable attention is paid for the analysis of separate laws of the Republic of Lithuania in order to evaluate if exsiting legal framework creates a sufficient ground for establishment and development of specific research biobanks in Lithuania. This article is a introduction to a more detailed analysis of the problematic aspects of research biobanks.


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