scholarly journals Surogacy – challenge to the legislation of the Republic of Bulgaria

2021 ◽  
Vol 16 (3) ◽  
pp. 31-47
Author(s):  
Lidiya Peneva
Keyword(s):  
Comparative Method ◽  
Legal Regulation ◽  
Surrogate Motherhood ◽  
Economic Phenomenon ◽  
The Republic

Surrogate motherhood is a modern socio-economic phenomenon that needs legal regulation in the Republic of Bulgaria. This article presents the generally accepted view of it and the differentiated types of surrogacy. With the comparative method, the legislative approach to it was analysed in the countries of the European legal family and beyond. Finally, is presented position in the Republic of Bulgaria.

scholarly journals Compliance of Legal Regulation of the Republic of Lithuania with the EU Resolution on COVID-19 Vaccines

2021 ◽  
Vol 3 (21) ◽  
pp. 53-69
Author(s):  
Erika Statkienė ◽  
Renata Šliažienė
Keyword(s):  
Human Rights ◽  
Comparative Method ◽  
Legal Regulation ◽  
Reasonable Doubt ◽  
Fundamental Freedoms ◽  
Provision Of Services ◽  
The Republic ◽  
The Government ◽  
Vaccination Certificate ◽  
The Eu

The aim of this article is to evaluate compliance of the legal regulation of the Republic of Lithuania with the EU resolution on Covid-19 vaccines. The main goal is to investigate the government implemented extraordinary legal measures to control the pandemic situation in Lithuania by processing the goal of planned COVID-19 vaccination quantities and to evaluate their compliance with the EU resolution on COVID-19 vaccine. By using qualitative analysis of scientific literature and documents, statistical data analysis, comparative method of legal acts analysis, the purpose to identify the possible consequences of inadequate legal regulation implementation, affecting observance of human rights and fundamental freedoms, have been exceeded. The article aims to indicate whether there are any unreasonable, over excessive, legal measures in Lithuanian government decisions in trying to control the epidemic and distribution of vaccinations, by implementing legal restrictions against non-vaccinated people. Also, whether legal measures are objectively discriminatory and what the risks of such implementation are. The goal of the research is to indicate the main imposing restrictions, such as non-provision of services, accessing them and getting free health services, not limiting employees to continue their work without the vaccination certificate, not allowing customers in supermarkets or restaurants etc., which causes certain differences between social groups, allowing a reasonable doubt for discriminatory manifestations to be raised, therefore indicating the violation of human rights and fundamental freedoms in the process. Keywords: Lithuania, COVID-19, vaccination, restrictions on human rights.

scholarly journals Matters of judicial practice of Sevastopol and the Republic of Crimea in the field of merchant shipping

2021 ◽  
Vol 108 ◽  
pp. 01001
Author(s):  
Stanislav Aleksandrovich Vasiliev
Keyword(s):  
Comparative Method ◽  
Legal Regulation ◽  
Point Of View ◽  
Modern World ◽  
Crimean Peninsula ◽  
Judicial Practice ◽  
Expert Assessments ◽  
Russian Law ◽  
Merchant Shipping ◽  
The Republic

Merchant shipping is one of the most demanded types of transportation in the modern world. According to some reports, up to 80% of all cargo is transported by sea. In this regard, the issues of legal regulation of this complex and full of implementation nuances activity acquire particular importance. The specific condition of such seaports as Sevastopol and several other ports on the Crimean Peninsula is since Russia is under the influence of negative economic measures (“sanctions”) imposed by a large number of foreign states. Under these conditions, with the same effect of international and Russian legislation in the entire territory of the Russian Federation, the nature of their application in some cases has a certain specificity concerning these territories. In this regard, the analysis of judicial practice in this area was of particular interest. The purpose of this study is to analyze judicial practice from the point of view of the implementation of international and Russian law norms in the field of merchant shipping, as well as to identify certain trends in the activities of the subjects of the relevant legal relations. Analysis, synthesis, the comparative method, and the method of expert assessments are the methods used in the preparation of this work. The following structural analysis of the available material was used: first, the judicial practice was studied, only after that the work with legislation and other sources was carried out. As a result of the performed research, some problematic aspects of the legal regulation of merchant shipping in Russia have been identified. The trends based on which the Russian maritime law can be transformed have also been identified. The novelty of the research lies in the combination of proposals for further improvement and law enforcement practice in the field of merchant shipping.

scholarly journals Challenges of legal regulation of the civil defence system

2021 ◽  
Vol 18 (3) ◽  
pp. 207-228
Author(s):  
Vladimir Lović
Keyword(s):  
Comparative Method ◽  
Legal Regulation ◽  
Civil Defense ◽  
Defense System ◽  
Detailed Review ◽  
Security Challenges ◽  
Deductive Method ◽  
The Republic ◽  
Civil Defence ◽  
Method Analysis

The security of the Republic of Serbia is considered much more broadly in strategic-doctrinal documents in relation to some earlier periods, in which security was defined primarily through potential military threats. The legal regulation of civil defense in the Republic of Serbia derives from a detailed review of contemporary challenges, risks and threats and contributes to the overall review of the current security situation in the Republic of Serbia, in order to optimally draw conclusions about the possibilities, probabilities, scope and actors of its system. In order for the Republic of Serbia to adequately respond to all doctrinally recognized security challenges, risks and threats, the defense system of the Republic of Serbia is designed to ensure the permanent preparation of the entire defense society. Civil defense in the Republic of Serbia represents a certain "reserve" of a unified defense system, both for the purpose of prevention and for the purpose of eliminating the consequences of war and emergency. In the research we will use methods of analysis, synthesis, hypothetical-deductive method, analysis of document content and comparative method.

THE CONCEPT AND CAUSES OF THE DIVORCE UNDER THE LEGAL REGULATION OF THE REPUBLIC OF MACEDONIA AND THE NEED FOR ADAPTATION WITH CHANGES IN THE CONTEMPORARY WORLD

2018 ◽  
Vol 28 (6) ◽  
pp. 1959-1963
Author(s):  
Kaltrina Zekolli Shaqiri ◽  
Emrije Zuberi
Keyword(s):  
Social Life ◽  
Social Issues ◽  
Comparative Method ◽  
Legal Regulation ◽  
Modern World ◽  
Legal Form ◽  
Republic Of Macedonia ◽  
The Family ◽  
The Republic ◽  
Over Time

The issue of divorce and rising rates in the modern world is one of the most serious problems and social issues that greatly affect the lives of people. Divorce is a human right. It is an expression of individual freedom to want and to choose. Setting up the right to divorce is an expression of civilization today and at the same time it can be considered as significant progress compared to the past because it allows the disruption of the community in which relations between spouses do not function according to the corresponding and prescribed order. Divorced marriages relate to personal and social life very deeply. It causes stress and makes the individual unsuccessful and changes his life. Although many couples agree to stay with their partner to death, many marriages will end up divorcing instead of death. Until almost the divorce was considered as the most difficult marriage dysfunction leading to a complete disorganization of the family. Over time, a system of the so-called "binuclear family" has emerged following the divorce, which suggests that divorce is not death for the family. Over time, a system of the so-called "binuclear family" has emerged following the divorce, which suggests that divorce is not death for the family. This paper will analyze the causes of divorce, which are a multidisciplinary challenge and the use of certain reforms that will overcome the problems that arise in practice as well as the need to align our legislation with the general tendencies of other contemporary European legislation, as well as with international documents. The importance of the institution for divorce as a legal form of termination of the marriage, the importance of applying the international principles and practices of this institution of law, the need to amend and supplement the Family Law of the Republic of Macedonia for more specific regulation of divorce, the need to implement innovations in the positive legislation because it is a necessity and need to adjust the positive laws of the Republic of Macedonia towards those of the EU, as well as from the introduction of an institution family mediation. In order to make this paper better and be able to conceptualize the subject of research from different angles, various research methods such as the historical method, the descriptive method, the normative method and the comparative method will be used. The methods that will be used for this paper will be applied appropriately and will have a scientific and research character. This research will also have an empirical part by which, by analyzing the statistical results of different institutions, which, as a scope of work, also have the issue of divorce, will present a general picture of the relationship of these institutions towards marriage as an institution, statistical data on the number of divorces in the Republic of Macedonia and the most common reasons that lead to the divorce.

Electronic Communication in the Paradigm of Interaction of State and Society

2020 ◽  
pp. 11-17
Keyword(s):  
Electronic Communication ◽  
Legal Regulation ◽  
Digital Environment ◽  
Active Involvement ◽  
Communication Law ◽  
State And Society ◽  
Legal Communication ◽  
The Republic ◽  
The Government ◽  
The Right

In recent decades, the phenomenon of mass electronic communication has been studied by various sciences. The right also turned out to be included in a similar discourse. Communication in the digital environment is the reason for the interaction of previously distant segments of society. In modern law, the concept of electronic communication remains in a certain sense debatable, it is often identified with legal communication. At the same time, electronic communication has an additional «dimension». The globalization of the information space encourages legal scholars to study electronic communication as the action and interaction of various actors, based on Internet technologies using web services, portals, blogs, websites, social networks. There is a need for re- levant legal regulation of the informational interaction between the authorities and society in the Republic of Belarus, in connection with which a new «field» is opening up for activities in various areas of law. The meaning of electronic communication is constantly expanding and, depending on the specialization, even varies. For an adequate understanding of electronic communication, law must take into account the tools of other humanities. In contact with the digital environment, legal science is called upon to reformat research tasks to explain the new empirical and theoretical experience associated with the transformation of the paradigm of interaction between the state and society in the network structures. The author comprehends these issues in relation to the conditions of development of e-government in the Republic of Belarus and the need for more active involvement of the public in the government.

DIRECTIONS OF IMPROVEMENT OF LEGAL REGULATION OF SURROGATE MOTHERHOOD IN UKRAINE

2018 ◽  
Author(s):  
Inesa Shumilo ◽  
◽  
Mirra Blyzniuk ◽  
Keyword(s):  
Legal Regulation ◽  
Birth Certificates ◽  
Surrogate Motherhood ◽  
New Born ◽  
Domestic Relations ◽  
National Courts ◽  
Born Child ◽  
Legal Fact

The article is devoted complex research of problem of defence of rights for children, bear as a result of application of auxiliary genesial technology – substitute maternity. In research the basic conceptual going is described near determination of origin of bear by a substitute a mother child, the problem of absence of the legislative adjusting of legal status of embryo of man is set, conceived in-vitro and the ways of its decision are offered. Attention is accented on the ambiguousness of the legal adjusting of the phenomenon of substitute maternity in the world. In research the possible risks of unhonesty of medical establishments which give services in auxiliary genesial technologies, and consequences of errors of doctors-reproduktologists, are analysed as subsequent limitation of rights for a child by a foreign country on the example of case of «Paradizo and Kampanelli v. Italy». Pointlessness of the legislative fixing of term, during which a substitute mother must give a consent to registration of persons the parents of child, is set, taking into account possible manipulations from the side of substitute mother and potential loss by the new-born child of parents in the case of death of substitute mother to signing of the proper consent. In research the role of the Ukrainian national courts is analysed in establishment of legal fact of domestic relations between parents and new-born child for confession of state power of birth certificates, given out the Ukrainian organs of state civil registration foreign organs. Concentrated attention on absence of permanent practice of national courts in relation to determination of type of judicial realization as in certain cases a court specifies on the substitution of concepts «establishment of legal fact of domestic relations» and «confession of paternity declarants». As a result of research a conclusion is done about the necessity of development of international convention, which will fasten the standards of defence of rights for children, bear as a result of application of auxiliary genesial technologies, and also outlined tasks which appear before a national legislator and Ukrainian courts, to provide the high-quality legal adjusting of substitute maternity, taking into account rights for a child above all things.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

scholarly journals The Evolution of Liability Measures Applied in Bankruptcy to Creditors’ Property Rights Violators in Russia

2021 ◽  
Vol 16 (5) ◽  
pp. 84-97
Author(s):  
A. V. Arbekova
Keyword(s):  
Comparative Analysis ◽  
Comparative Method ◽  
Legal Regulation ◽  
Assessment Method ◽  
Critical Assessment ◽  
Bad Faith ◽  
Principle Of Justice ◽  
Historical Retrospect ◽  
Russian Law ◽  
Term Objective

One of the tasks the modern law in the field of insolvency of legal entities pursues is to ensure the maximum balance of the rules governing the measures of liability applied to managers, participants and other entities controlling the debtor. In this regard, the author applies historical and comparative method of studying the measures of responsibility applied during the development of domestic legal regulation of insolvency and the critical assessment method that forms the basis for the analysis of the current Russian legislation. The paper carries out a retrospective analysis of the form and degree of fault as an element of the offense that traditionally acted as one of the criteria for choosing the type of insolvency, as well as for imposing the measures of responsibility. A comparative analysis of the norms of the Russian bankrupt legislation in historical retrospect allowed raising problematic issues of the current legislation and making proposals aimed at their resolution. Currently, the rules of the current domestic insolvency legislation provide an equal amount of responsibility for both bad faith (intentional) and unreasonable (careless) actions of entities controlling the debtor. The normative consolidation of measures of responsibility dependent on the form of fault, namely, the separate qualification of intentional and careless offenses, will secure coherent application of the principle of justice. Modern Russian law contains the concepts of “insolvency” and “bankruptcy”, which in some cases creates legal uncertainty. Therefore, it is proposed to delineate these concepts by law, eliminate the term “objective bankruptcy” from the application, and shift its semantic burden to the concept of “insolvency”. Thereby, a separate category of insolvency will be included in the current legislation.

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