scholarly journals LEGAL NATURE OF THE SECURITY ORDER OF THE CONSTITUTIONAL COURT OF UKRAINE

2021 ◽  
Vol 1 (10) ◽  
pp. 19-24
Author(s):  
T. Milova ◽  
Keyword(s):  
Point Of View ◽  
The Body ◽  
Court Decision ◽  
Constitutional Court ◽  
Practical Application ◽  
Legal Nature ◽  
The Subject ◽  
Grand Chamber ◽  
The Right ◽  
Key Aspects

The article is devoted to the characteristics of the security order as one of the acts of the Constitutional Court of Ukraine and the practice of its application. It has been noted that the introduction of this executive document into the practice of the body of constitutional jurisdiction is due to the beginning of the functioning of the institute of constitutional complaint in Ukraine. Also it has been noted that the basis for securing a constitutional complaint is the need to prevent the irreversible consequences that may occur in connection with the execution of the final court decision. The way to ensure a constitutional complaint is to establish a temporary ban on certain actions. The article analyzes the first security order of the Constitutional Court of Ukraine and highlights the debatable issues that arose after its publication. Particular attention has been paid to the study of the most significant problems related to the legislative consolidation and functioning of the institution of the security order. The issues concerning the authorities of the Constitutional Court of Ukraine authorized to issue a security order have been analyzed. It has been stated that, along with the Grand Chamber, it is expedient to grant this right to the Senate, as they are the main subject of consideration of constitutional complaints. The boards are invited to give the right to take an immediate initiative to the senates to resolve the issue of issuing a precautionary order in case of sufficient grounds. The problematic aspects of the current legislation on the formulation of the grounds for securing a constitutional complaint have been identified. Such a feature as the "irreversibility" of the consequences as the basis for issuing a security order is considered. In analyzing the consequences of the execution of a court decision from the point of view of its reversibility, attention is paid to the intermediate nature of such consequences, is partially reversible. It has been recommended to grant the subject of the right to a constitutional complaint the right to apply to the Constitutional Court of Ukraine with a corresponding petition to secure a constitutional complaint. During the disclosure of this issue, the relevant bills aimed at improving the legal nature of the security order in the practice of the Constitutional Court of Ukraine have been analyzed. It has been noted that the institution of the security order of the Constitutional Court of Ukraine needs further research, substantiation of key aspects of the relevant legislation and appropriate practical application.

scholarly journals Primary law in medicine, its legal nature

2018 ◽  
Vol 40 ◽  
pp. 01002
Author(s):  
K. Zarins
Keyword(s):  
Supreme Court Decision ◽  
Court Decision ◽  
Constitutional Court ◽  
Right To Life ◽  
Economic Interests ◽  
Economic Opportunities ◽  
Legal Nature ◽  
The Supreme Court ◽  
The Right

Thework will discuss the problems arising from the thesis that the economic opportunities are incompatible with the person's primary law - the right to life and equality of treatment. An actively maintained hypothesis claims that the country's economic opportunities and funding should not restrict or reduce a person's right to life and health. In this aspect, it will also study the role of the constitutional court. The author points to the fact that the adoption of such, here the Supreme Court decision, successive constitutional court for a preliminary inaccurate claim and interpretation of the country's economic interests, could deny the right of people to life only after the consideration that they are of no use and financially expensive to be maintained.

scholarly journals élethez való jog néhány jogelméleti kérdéséről

2013 ◽  
Vol 10 (1) ◽  
pp. 65-73
Author(s):  
Judit Vörös
Keyword(s):  
Case Law ◽  
Point Of View ◽  
In Vitro Fertilisation ◽  
Human Embryos ◽  
Constitutional Court ◽  
Right To Life ◽  
The Subject ◽  
The Right

Nowadays in vitro fertilisation raises relevant controversies at the point of view of jurisprudence as well. The distinct approximations of in vitro embryos, such as to be considered as personae or objects, are also resources of several theoretical and pragmatical questions. It is essential to give a compendious summary about what kind of jurisprudental environment had been contributed to the intrumental comprehension of human embryos too, otherwise it is difficult to understand the scientific quandaries connected to the subject correctly. Merely thereafter the international and the Hungarian regulation of in vitro embryo’s status seems to able to be dissected, in particular the case-law of the Hungarian Constitutional Court related to the right to life and the constitutional funds of the oncurrent re-regulation in our country.

scholarly journals IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 11-017/PUU-I/2003 TERHADAP PERLINDUNGAN HUKUM HAK DIPILIH

2015 ◽  
Vol 4 (4) ◽  
Author(s):  
I Ketut Ngastawa
Keyword(s):  
Descriptive Analysis ◽  
Legal Protection ◽  
The State ◽  
The Body ◽  
State System ◽  
Court Decision ◽  
Constitutional Court ◽  
Political Rights ◽  
Conceptual Approach ◽  
The Right

Paper that had the title: "Juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the Legal Protection for the Rights to be Eelected." This explores two issues: 1) how the legal protection of the settings selected in the state system of Indonesia ; 2) what are juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the legal protection for the rights to be elected. To solve both problems, this paper uses normative legal research methods. Approach being used is the statute approach, case approach, and a conceptual approach. Further legal materials collected were identified and analyzed using descriptive analysis techniques. Legal protection for the right to be elected in the state system of Indonesia can be traced from the 1945 opening, the articles in the body of the 1945 Constitution, Article 27 paragraph (1), Article 28D (1) and paragraph (3) and Article 28 paragraph (3) 1945 Second Amendment, MPR Decree Number XVII/MPR/1998, Article 43 of Law Number 39 of 1999, Article 21 of the Universal Declaration of Human Rights, and Article 25 of the International Covenant  on Civil and Political Rights. Discussion of the juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the legal protection for the rights to be elected have been included: a) only on the juridical implications of representative institutions no longer marked with specified requirements as stipulated in Article 60 letter g of Law Number 12 Year 2003 in Law Number 10 Year 2008; b) juridical implications of the political field for the right to be elected is the absence of any discriminatory treatment in legislative product formed by the House of Representatives and the President as well as products of other legislation forward.

scholarly journals Aristotel’s Teaching on Virtues and its Social Prospects

2020 ◽  
pp. 118-124
Author(s):  
Roman Runaev ◽  
Olga Didenko
Keyword(s):  
Personal Growth ◽  
Modern Society ◽  
Point Of View ◽  
Practical Application ◽  
Way Of Life ◽  
Theoretical Understanding ◽  
Moral Principles ◽  
The Right ◽  
Key Aspects ◽  
Ancient Philosopher

The article is devoted to the issue of an understanding of a person's way of life through the prism of perception of Aristotle's ethical teachings as an important element of human culture, expressed in the virtuous attitude of people to the world. The presented article reveals the key aspects of virtue in the "Aristotelian" sense and the understanding of the correctness of human actions by the ancient philosopher. As the main value and moral guideline, the scale of virtuous knowledge developed by Aristotle is considered, where virtue itself is the "golden mean", and extremes (vices) are found on different sides of the latter. This work reflects the views of the ancient philosopher on human virtue. He considers the right actions of a person from the point of view of conscious moderation and reasonable prudence in their commission while rejecting the desire to help a person at any cost, as the basis of the measure virtue. Aristotle sees the achievement of "happiness" as the main goal of human behavior. But a feeling of satisfaction from the blissful state should not be expressed as a result of neglect of the moral principles of society but rather through personal growth, achieved through self-improvement, self-restraint, and detachment from attachment to the benefits of the outside world. According to Aristotle, sensory pleasures are achieved not by striving to achieve a comfortable existence in any way but by sensible and moderate motives of a person to feel genuine pleasure through the right actions. It is noted that the Aristotelian doctrine of virtue requires its theoretical understanding and analysis within the framework of the ethics of virtue, which claims to be the practical application of its results in modern society.

scholarly journals Legal nature, role, meaning and grounds of Constitutional Court interpretation and doctrinal interpretation: their interconnection

2020 ◽  
pp. 33-38
Author(s):  
Valerya Antoshkina
Keyword(s):  
National Level ◽  
Legal Consciousness ◽  
Constitutional Court ◽  
Historical Aspect ◽  
Legal Norms ◽  
Legal Provisions ◽  
Legal Nature ◽  
The Subject ◽  
Definition Of ◽  
The Right

That article studies the questions on the legal nature, significance and grounds of the Constitutional Court of Ukraine (hereinafter - CCU) and of doctrinal interpretation as well as their interconnection. The author analyzes the types of interpretation by the subject and notes that among the subjects of the official interpretation the Constitutional Court plays an important role, while for the informal interpretation the doctrinal interpretation is crucial. The paper defines the legal basis for exercising of the right of interpretation by the Constitutional Court of Ukraine, as a specific body, which is the latter at national level aimed at exercising exclusive special powers in protecting the rights and fundamental freedoms of human and citizen. It is stated that the CCU is a quasi-legislative body whose acts are binding and have the features of a source of law, the paradigm of its activity is determined, first of all, by the rule of law and then by the supremacy of the Constitution of Ukraine. The article also pays attention to the ratio between the legal positions and decisions of the CCU. The article analyzes the changes of the legislation on the activity of the CCU in the context of reducing the power to interpret laws, limiting it only to the right to interpret the Constitution of Ukraine. The author also emphasizes that as the subject of court interpretation may act a scientist who interprets a certain norm of law and works as a judge of the CCU. In this case, the interpretation is based on the results of a scientific research for a judge. Therefore, it is reasonable to say that judges of the Constitutional Court of Ukraine can to some extent be considered as “subjects of doctrinal interpretation”, especially taking into account the fact that these days there are many legal scientists, scientists with academic degrees and titles working at the posts of judges and performing scientific and judicial activity at the same time. The author also studies certain aspects of the doctrinal interpretation and the definition of its role and significance in the historical aspect on the example of different states. Questions on the ratio between doctrinal and court interpretation are also paid attention by the author. It is noted that, in general, in Ukraine scientific doctrine is not recognized as an official source of law, but at the same time plays an important role in the formation of legal consciousness, worldview and lawmaking. Therefore, it can be noted basing on the results of the analysis of legal norms and court practice, that many doctrinal legal positions over time are reflected both in the rulemaking process and in court decisions, turning into court legal provisions.

scholarly journals XXXI.—On the Limits of our Knowledge respecting the Theory of Parallels

1864 ◽  
Vol 23 (3) ◽  
pp. 433-450
Author(s):  
Kelland
Keyword(s):  
Human Mind ◽  
Practical Application ◽  
Very Old ◽  
Metaphysical Problem ◽  
Pure Logic ◽  
History Of ◽  
The Subject ◽  
The Right ◽  
Negative Conclusion ◽  
Positive Results

The subject of this paper is a very old one, and may to many appear to be sufficiently worn; but I venture to hope, that there are some to whom a glimpse of the successive approaches of the human mind towards the right understanding of a question of pure logic, may have an interest,—even although the problem solved be an abstract one, and the conclusion a negative conclusion, having little practical application. Like the kindred problem of the quadrature of the circle, or the metaphysical problem of “Knowing and Being,” the theory of parallels has been attacked in various directions, and although it is true that no one ever reached the goal he aimed at, yet it is not the less certain that great and positive results have followed in the history of human attainment. If no other lesson has been learnt, this at least may have been: that in reasoning it is necessary to look warily around and abroad at every step, seeing that admissions, the most obviously inadmissible, or evasions the most palpable, have foiled generations of thinkers, whilst those who have detected their errors have fallen into others of an equally destructive character.

scholarly journals The protection of the preemptive rights of separate and pledge creditors in the case of sales of encumbered property by a direct agreement

2021 ◽  
Vol 38 (1) ◽  
pp. 1-12
Author(s):  
Marijana Dukić-Mijatović ◽  
Vladimir Kozar
Keyword(s):  
Purchase Price ◽  
Legal Practice ◽  
Damage Compensation ◽  
Legal Nature ◽  
Rules Of Procedure ◽  
The Subject ◽  
The Right ◽  
Secured Creditors

The article reviews the regulations of Republic of Serbia, domestic legal practice, as well as the opinions of jurisprudence on the exercise and protection of the preemptive rights of separate and pledge creditors in a bankruptcy proceedings. There has been clarified the legal nature of the preemptive right on the subject of the secured right or lien. There were also provided the details related to the significance of the right of a creditor to set off its secured claim with the purchase price, in the case of a creditor being the best bidder (credit bidding). The article aims to present the manner of exercise of preemptive rights in the case of the method of sales of encumbered property/assets by a direct agreement, as well as the legal instruments the secured creditors may use in the case of its violation. There have been analysed the rules of procedure per lawsuit for annulment of a sale due to the violation of the preemptive rights. The deadline for a lawsuit, the content of the lawsuit which protects the preemptive right as well as the damage compensation right were especially considered.

scholarly journals Legal nature of the requirements of the banking legislation of Ukraine to ensure credit operations of banks

2021 ◽  
pp. 297-305
Author(s):  
Anatoliy Babaskin
Keyword(s):  
Credit Card ◽  
Civil Law ◽  
Legal Regulation ◽  
Functional Method ◽  
Point Of View ◽  
The European Union ◽  
Scientific Publications ◽  
Economic Point ◽  
Legal Nature ◽  
The Right

Іintroduction. Despite the fact that a significant number of scientific publications by well-known Ukrainian authors are devoted to the issues of legal regulation of credit obligations, at the same time separate studies of banking legislation requirements on "acceptability of collateral" have not been conducted in Ukrainian civil science in recent years. This, taking into account the gradual alignment of banking legislation of Ukraine with the standards of Basel III, and Directive 2002/47 / EC of the European Parliament and of the Council of 6 June 2002 on financial collateral mechanisms, necessitates such scientific research. The aim of the article. On the basis of the analysis of the legislation of Ukraine, the legislation of the European Union, scientific advances in the sphere of civil law and banking legislation, in the context of the analysis of the banking legislation of Ukraine, it is safe for creditors. In order to achieve this goal: 1. Conduct an analysis of civil and legal species for the protection of crops for the subject of іх possible delivery to “acceptable safety” and vrahuvannya banks when opening a credit card. 2. Significantly "quasi-security", as viewed by the banking legislation in the form of "acceptable security" for credit cards. 3. Zdіysniti analysis of the approaches to the legislation of the EU in the field of protection from credit denominations. Results. The methodological basis of the study is general scientific and special legal methods of scientific knowledge. In particular, the dialectical method, the method of analysis and synthesis, the comparative law method, the functional method, the modeling method, etc. Conclusions. First, the banking legislation does not consider as "acceptable collateral" such types of collateral as penalty, surety, deposit, retention. Secondly, the banking legislation considers as "acceptable collateral" not only those specified in Part 1 of Art. 546 of the Civil Code of Ukraine types of security for performance of obligations (pledge, right of trust ownership, guarantee), and other types of security for performance of obligations provided by law or contract (reserve letter of credit, performing the function of financial guarantee, guarantees of public entities, guarantee payment), but also contractual constructions which do not concern types of maintenance of performance of obligations (repo agreements). Thus, the banking legislation considers collateral in credit operations from the economic point of view, according to which "acceptable collateral" is only such liquid collateral that guarantees the rapid recovery of the property of the creditor bank, which suffered damage due to default or improper performance of the counterparty loan obligation, as well as "quasi-collateral", if such is referred by banking legislation to "acceptable collateral". Third, the existence of rules in the banking legislation on the acceptability of collateral in no way affects the right of banks to use any type of collateral provided by law or contract, if the application of such is possible in credit relations, taking into account the legal nature of the relevant types. software. Fourth, the set of regulations of the National Bank of Ukraine on the acceptability of collateral can be considered as an institution of banking law, which includes as rules of civil law governing the types of collateral, other rules of contract law governing other "quasi-collateral" contractual constructions, as well as public-law special norms of banking legislation, which establish additional regulatory requirements for banks to ensure credit operations and calculate credit risk.

Implementation Mode of Industrial Engineering Projects Based on Project Management

2012 ◽  
Vol 433-440 ◽  
pp. 1660-1665
Author(s):  
Hang Liu
Keyword(s):  
Project Management ◽  
Point Of View ◽  
Industrial Engineering ◽  
Practical Application ◽  
Application System ◽  
Application Point ◽  
Body Of Knowledge ◽  
The Subject ◽  
Engineering Projects ◽  
Investigation And Study

Since the Industrial Engineering (IE) was introduced to China, people have already had much understanding of this cross discipline, and IE has been successfully popularized and applied in some enterprises. In such circumstances, a task we face is to systematically and comprehensively develop a theory and application system of IE from the subject development and practical application point of view, and the industrial engineering body of knowledge is established based on such a need. In this paper, on the basis of investigation and study on the domestic and foreign relevant studies, it establishes the industrial engineering body of knowledge, and proposes the implementation mode of IE projects based on project management, providing a certain reference role in the discipline development of IE and the implementation of IE in enterprises.

Implications of Genetically Modified Crops and Intellectual Property Rights on Agriculture in Developing Countries

2017 ◽  
Vol 61 (2) ◽  
pp. 253-271
Author(s):  
Olaitan Oluwaseyi Olusegun ◽  
Ifeoluwa Ayokunle Olubiyi
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Genetically Modified ◽  
Genetically Modified Crops ◽  
The Body ◽  
Environmental Concerns ◽  
Security Issues ◽  
Plant Variety ◽  
The Subject ◽  
The Right

AbstractFood is essential for human survival. When the right quantity and quality is taken, it ensures growth and an adequate supply of nutrition to the body, which results in basic effectiveness in all spheres of life. Genetically modified crops have the potential to alleviate hunger and provide more food, especially in developing countries that have high levels of hunger, malnutrition and poverty. Although the debates on genetically modified crops generally focus on intellectual property, other issues include health and environmental concerns. This article examines these issues with the aim of providing holistic knowledge of the subject matter, which is important for stakeholders, particularly in developing countries, in deciding to protect plant variety rights. The article concludes that it is essential for developing countries to consider food security issues in fulfilling their obligations under the TRIPS Agreement.

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