scholarly journals The system of legislation of the Republic of Azerbaijan in the field of protection of copyright and related rights

2020 ◽  
pp. 306-311
Author(s):  
Azer Safarov
Keyword(s):  
Intellectual Property ◽  
National Level ◽  
Scientific Progress ◽  
Literary Work ◽  
Legal Aspects ◽  
International Standards ◽  
Control Mechanisms ◽  
International Treaties ◽  
Creative People ◽  
The Republic

Legislation protecting the rights of creative people plays an important role in protecting national heritage, cultural traditions andthe identity of the country. The creation of a strong, independent cultural industry depends on the existence of such laws. Constitutionaland legal aspects of copyright in the Republic of Azerbaijan Recognition was first enshrined in the Constitution of 12 November 1995.The Constitution directly guarantees the protection of copyright and specifies the scope of rights and intellectual property protected bylaw. One of the traditional functions of each state is extensive international cooperation, which creates conditions for ensuring that therights of national authors are not protected abroad and the rights of foreign authors at home at the national level. According to internationalnorms, the right of every person to participate in cultural life, to benefit from and apply the achievements of scientific progress,and to protect the spiritual and material interests resulting from his scientific, artistic and literary work is recognized. According to theLaw of the Republic of Azerbaijan on Copyright and Related Rights of 1996, the legislation of the Republic of Azerbaijan on Copyrightand Related Rights consists of the Constitution of the Republic of Azerbaijan, the Civil Code, this law, other relevant normative legalacts and international treaties. The Republic of Azerbaijan, which became a member of WIPO in 1995, has improved the system ofcopyright protection, created a regulatory framework, acceded to almost all international conventions and agreements on the protectionof intellectual property and harmonization of legislation with international standards, as well as with countries in the region. bilateralagreements have been concluded, and institutional control mechanisms have been established in the field of protection of intellectualproperty rights. The main goal here is to effectively protect the rights of authors of literary and artistic works in an equal and uniformmanner at the international level.

Psychological and legal aspects of probation control in relation to minors

2021 ◽  
Vol 47 (2) ◽  
pp. 113-119
Author(s):  
S. Imanbayev ◽  
◽  
D. Tel’zhanova ◽  
◽  
◽  
...  
Keyword(s):  
Juvenile Delinquency ◽  
Juvenile Offenders ◽  
Legal Aspects ◽  
International Standards ◽  
Probation Service ◽  
The Creation ◽  
The Republic ◽  
Psychological Assistance ◽  
Further Development ◽  
Goals And Objectives

The article examines the origins of the creation of the probation service in Kazakhstan, its introduction into the sphere of criminal executive law, goals and objectives. The measures for the implementation of probation control, its role in the provision of qualified psychological assistance to juvenile offenders are considered. The ways of implementing probation control at the present stage are also indicated, the main tasks of the state are presented, program documents aimed at further development and improvement of the probation service are studied. Studied and presented statistical data on the dynamics of juvenile delinquency in the republic. The psychological characteristics of minors are analyzed, in respect of whom it is necessary to carry out a comprehensive and regular analysis of their specific needs. The creation of a specialized staff of trained employees to provide social and legal assistance to minors is emphasized and argued. This paper also raises the question of the need to introduce specialization of the penitentiary psychologist in the universities of the Republic of Kazakhstan in order to achieve high results in the prevention of juvenile delinquency. To comply with international standards in the field of protecting the rights and freedoms of minors, crime prevention, attention is focused on complementing national legislation with the norms of UN international documents.

scholarly journals Cat bonds market: Legal framework and perspectives

2021 ◽  
Vol 59 (2) ◽  
pp. 141-160
Author(s):  
Ranko Sovilj
Keyword(s):  
Capital Market ◽  
National Level ◽  
Legal Framework ◽  
Legal Aspects ◽  
International Capital ◽  
Principal Characteristics ◽  
Catastrophe Bonds ◽  
Cat Bonds ◽  
The Status ◽  
The Republic

The paper analyses the legal aspects of the status of the catastrophe bonds market. Cat bonds are innovative instruments of securitization, which play a significant role in the financing of natural disasters. Some of the advantages of catastrophe bonds issue are the possibility of expanding risk transfer, reducing credit risk exposure and improving capital management. The aim of research is to point out the possible ways of efficient financing of catastrophic losses, such as the issue of catastrophe bonds. The paper will analyse the principal characteristics of cat bonds, as a significant instrument in connecting capital market with the insurance market. The author considered the current situation at the international and national level. Considering the tendencies in the international capital market, the author concluded that in the Republic of Serbia there is a legal gap and lack of harmonization of the existing legislation, which prevents the issue of catastrophe bonds.

scholarly journals INTERNATIONAL LEGAL REGULATIONS AND ISSUES OF CORRUPT ASSETS RECOVERY

2020 ◽  
Vol 6 (4) ◽  
pp. 35-45
Author(s):  
Оlena Busol
Keyword(s):  
Comparative Method ◽  
National Level ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
International Standards ◽  
Criminal Proceedings ◽  
Systematic Analysis ◽  
Legal Norms ◽  
Asset Recovery

The article is devoted to the issues of international cooperation of the bodies regarding asset recovery and management with a purpose of combating transnational crime. It emphasizes the main provisions of international treaties on combating crime and provides an analysis of foreign legislation in the given sphere. The subject of the study is international legal regulation and problems of corrupt assets recovery, which required the application of interdisciplinary scientific approach in considering its economic, political, philosophical, historical and legal aspects. The purpose of the article is to highlight the main issues that arise when the states try to recover corrupt assets, as well as to provide national governments with appropriate recommendations, taking into account international instruments and best practices. The article considers world practice of conducting criminal proceedings and execution of court decisions. It covers the features and problems of specialized government bodies as for the recovery of the assets. The article is based on the application of a set of the following methodologies: philosophical, dialectical and synergetic. The study used the method of systematic analysis, which is the most commonly applied in criminological research to combat corruption. To achieve these purposes, the following research methods are used: analysis of theoretical sources and scientific literature; abstract-logical method in the process of theoretical generalizations and formation of conclusions; prognostic methods. The author applies the comparative method (i.e. the method of comparative jurisprudence) when comparing international documents with the legal norms of other states. Results. Foreign experience shows that development of a modern and effective system of combating organized corruption in any country is possible subject to application of legal norms that meet international standards, as well as the integrated use of advanced computer information technology. The author emphasize the need for OECD (Organization for Economic Co-operation and Development) member states to develop adequate regulations that will allow immediate disclosure and exchange of information on the freeze of assets with foreign jurisdiction, in order to ensure the effectiveness of the asset recovery procedure. Conclusions. It is recommended to adopt laws at the national level or to introduce a regulation in the criminal law of the state on illicit enrichment; to develop comprehensive national strategy; as well as to finance measures to recover corrupt assets within the framework of anti-corruption programs at the state level. It emphasizes the need to have a united state register of assets seized in criminal proceedings. In order to recover assets from abroad, states need to have political will and to use the latest technologies.

scholarly journals Implementation of acts of the Eurasian Economic Union in Belarusian legislation

Pravovedenie ◽  
2019 ◽  
Vol 63 (3) ◽  
pp. 381-392
Author(s):  
Alena F. Douhan ◽  
Keyword(s):  
International Organizations ◽  
National Level ◽  
Legal Regulation ◽  
International Treaties ◽  
Member States ◽  
Eurasian Economic Union ◽  
The Status ◽  
Economic Union ◽  
The Republic ◽  
Characteristic Features

Currently, international organizations are increasingly making binding decisions on member states. At the same time, unlike the implementation of international treaties, the mechanism for implementing acts of international organizations is poorly regulated in national law, including the Republic of Belarus. The Eurasian Economic Union (EAEU), established in January 2015, is empowered to adopt obligatory acts, some of which should be directly applied on the territory of EAEU member states. As a result, the traditional mechanisms for the implementation of acts of international organizations at the national level are no longer sufficient and require detailed legal regulation. The article reveals the legal basis for the implementation of acts of the Eurasian Economic Union in Belarus’ legal system. The work examines the status, types and specifics of acts adopted by the EAEU bodies, identifies the characteristic features of the implementation of these acts at the national level and specifies applicable terminology. In particular, special attention is paid to the legality of the use of terms “implementation” and “actualization” concerning the transfer of norms of the EAEU acts to the national legislation of its member states. The article considers the possibility of implementing obligatory acts of international organizations, especially those, which are supposed to be directly applied at the national level. Emphasis is placed on identifying the existence of an obligation to implement obligatory decisions of the EAEU Commission as well as their implementation in the Republic of Belarus. Based on the study, it was demonstrated that the majority of obligatory acts of the EAEU are implemented in Belarus by means of different types of references. The article also identifies the place of the EAEU acts in the hierarchy of legal acts of the Republic of Belarus.

scholarly journals International Legal Aspects of Civil Protection of Intellectual Property Rights in the Czech Republic and Ukraine

1970 ◽  
pp. 248-253
Author(s):  
Ruslan Boudka
Keyword(s):  
Czech Republic ◽  
Intellectual Property ◽  
Legal Protection ◽  
Legal Aspects ◽  
Legal Order ◽  
Eu Law ◽  
International Treaties ◽  
The Czech Republic ◽  
Domestic Law ◽  
The Eu

The purpose of the article is a comparative analysis of certain international legal aspects of the Czech and Ukrainian systems of protection of IPR in the context of European integration processes. A comparative analysis of the basic principles of the interaction between international and domestic law between Ukraine and the Czech Republic shows that there are similar and distinct features. The similarity is based on the fact that the constitutions of both states contain an ambivalent legal regime effect of the provisions of international and national law, according to which the provisions of international treaties, which are properly implemented in domestic law, are an integral part of it. This means the supremacy of the national constitution on the provisions of a ratified international treaty, which, in turn, takes precedence over domestic law by virtue of the principle of good faith implementation of international treaties and the inadmissibility of invoking deficiencies in internal law and as a ground for non-compliance with international obligations. On the basis of the application of dogmatic, natural law and comparative-legal approaches the peculiarities of interaction of the international and domestic system of legal protection of intellectual property law are analyzed. The peculiarities of international legal protection of intellectual property law in the Czech Republic are revealed, in particular at the level of universal and regional systems of international protection, as well as in the framework of the supremacy of the European Union law and its horizontal effect on the legislation of Czech Republic. The difference between the legal order of Ukraine and the Czech Republic on the interaction of international and national law is conditioned by an EU factor, since the Czech Republic is a Member State of the Union. In the course of interaction between the domestic legal order of Ukraine with the EU, this takes place in the form of an approximation, the legal forms of which are defined by the Association Agreement between Ukraine and the EU. The interaction between the internal law of the Czech Republic and the EU law is determined in the field of intellectual property rights through at least two parameters: 1) the supremacy of law of the EU over the legislation of the Czech Republic; 2) the horizontal effect of EU law when the legislation of the Czech Republic does not properly specify and detail the principles and norms of the EU in private-law relations between individuals.

Legal and Institutional Functionality in the Protection of Women – Victims of Domestic Violence in the Republic of Macedonia – Present Situation and Future Perspectives

2017 ◽  
Vol 10 (2) ◽  
pp. 131
Author(s):  
Zorica Saltirovska Professor ◽  
Sunchica Dimitrijoska Professor
Keyword(s):  
Domestic Violence ◽  
Women Victims ◽  
Violence Against Women ◽  
Social Protection ◽  
National Level ◽  
Gender Based Violence ◽  
Republic Of Macedonia ◽  
The Law ◽  
The Republic ◽  
Gender Based

Gender-based violence is a form of discrimination that prevents women from enjoying the rights and liberties on an equal level with men. Inevitably, domestic violence shows the same trend of victimizing women to such a degree that the term “domestic violence” is increasingly becoming synonymous with “violence against women”. The Istanbul Convention defines domestic violence as "gender-based violence against women", or in other words "violence that is directed against a woman because she is a woman or that affects women disproportionately." The situation is similar in the Republic of Macedonia, where women are predominantly victims of domestic violence. However, the Macedonian legal framework does not define domestic violence as gender-based violence, and thus it does not define it as a specific form of discrimination against women. The national legislation stipulates that victims are to be protected in both a criminal and a civil procedure, and the Law on Prevention and Protection from Domestic Violence determines the actions of the institutions and civil organizations in the prevention of domestic violence and the protection of victims. The system for protection of victims of domestic violence closely supports the Law on Social Protection and the Law on Free Legal Aid, both of which include provisions on additional assistance for women victims of domestic violence. However, the existing legislation has multiple deficiencies and does not allow for a greater efficacy in implementing the prescribed measures for the protection of victims of domestic violence. For this reason, as well as due to the inconsistent implementation of legal solutions of this particular issue, the civil sector is constantly expressing their concern about the increasingly wider spread of domestic violence against women and about the protection capabilities at their disposal. The lack of recognition of all forms of gender-based violence, the trivial number of criminal sentences against persons who perform acts of domestic violence, the insufficient support offered to victims – including victim shelters, legal assistance, and counseling, and the lack of systematic databases on domestic violence cases on a national level, are a mere few of the many issues clearly pointing to the inevitable conclusion that the protection of women-victims of domestic violence is inadequate. Hence, the functionality and efficiency of both the existing legislation and the institutions in charge of protection and support of women – victims of domestic violence is being questioned, which is also the subject for analysis in this paper.

CRIMINAL LAW IN PROTECTION OF HEALTH FROM THE ABUSE OF DRUGS IN SERBIA

2018 ◽  
Vol 28 (6) ◽  
pp. 1939-1946
Author(s):  
Miodrag Simović ◽  
Dragan Jovašević ◽  
Marina M. Simović
Keyword(s):  
United Nations ◽  
Criminal Law ◽  
International Standards ◽  
Individual State ◽  
Criminal Sanctions ◽  
Criminal Offenses ◽  
Different Types ◽  
The Republic ◽  
To Come ◽  
Practical Sense

Based on international standards adopted within the framework and under the Organisation of the United Nations, all national legislations recognise several different types and forms of criminal acts regarding misuse of narcotics. It is the matter of various activities of unauthorized production, traffic and other forms of inciting or enabling others to come into possession of narcotics for immediate use, which seriously endangers the health and life.Depending on the needs of each individual state, the distinction is made between the offenses, for the perpetrators are given different types and measures of penalties and other criminal sanctions. A similar situation exists in the Republic of Serbia.The paper analyzes the system of criminal offenses in various types and forms of manifestation in the theoretical and practical sense for whose offenders that are prescribed serious criminal sanctions.

LEGAL ASPECTS OF PERFECT DEATH PENALTY IN THE CRIMINAL LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN

2017 ◽  
Vol 73 (7) ◽  
Author(s):  
Dzhansarayeva Rima Yerenatovna ◽  
Malikova Sholpan Baltabekovna ◽  
Atakhanova Gulzagira Makhatovna ◽  
Omarova Aiman Bekmuratovna
Keyword(s):  
Death Penalty ◽  
Legal Aspects ◽  
The Republic ◽  
Criminal Legislation

scholarly journals A Regional Review of Genetic Resource Access and Benefit Sharing – Key Issues and Research Gaps

2021 ◽  
pp. 1-24
Author(s):  
Clare Morrison ◽  
Fran Humphries ◽  
Charles Lawson
Keyword(s):  
Intellectual Property ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
National Level ◽  
Sustainable Use ◽  
Benefit Sharing ◽  
Comparative Approach ◽  
Future Research ◽  
Access And Benefit Sharing ◽  
Legal Mechanism

Countries are increasingly using access and benefit sharing (ABS) as a legal mechanism to support the conservation and sustainable use of the world’s biological diversity. ABS regulates collection and/or use of genetic resources/traditional knowledge and sharing benefits from their use with the provider. The purpose of this review is to assess the trends, biases and gaps of ABS literature using a regional comparative approach about the key topics of concern between each region. It analyses four key topic groupings: (1) implementation of international, regional and national ABS policy and law; (2) intellectual property and ABS; (3) traditional knowledge; and (4) research, development and commercialisation. Findings included gaps in: (1) analysing effectiveness of national level implementation; (2) addressing apparent conflicts between support for intellectual property promoting exclusivity for traditional knowledge and challenges to intellectual property exclusivity for patents; (3) examining traditional knowledge of local communities (in contrast to Indigenous Peoples); and (4) lack of practical examples that quantify benefit sharing from research and commercialisation outcomes. We conclude that future research addressing the identified gaps and biases can promote more informed understanding among stakeholders about the ABS concept and whether it is capable of delivering concrete biological conservation, sustainable use and equity outcomes.

Portugal: 19 July 1987

1987 ◽  
Vol 22 (4) ◽  
pp. 444-451 ◽  
Author(s):  
Marcelo Rebelo de Sousa
Keyword(s):  
Party System ◽  
Local Level ◽  
National Level ◽  
Political Regime ◽  
Public Companies ◽  
Parliamentary Elections ◽  
Universal Suffrage ◽  
The Republic ◽  
The Government ◽  
Economic Regime

THE PORTUGUESE PARLIAMENTARY ELECTIONS OF 19 JULY 1987 initiated a profound change in the Portuguese party system and in the system of government. From 1974 onwards, Portugal had moved peacefully towards a democratic political system, enshrined in the 1976 Constitution. This evolution lasted about eight years and culminated in the revision of the Constitution in 1982. From 1982 onwards the present political regime has been a democratic one, coexisting with a capitalist economic regime attenuated by state monopoly in key sectors and by public companies which were nationalized between 1974 and 1976. It is also since 1982 that the system of government has been semi-presidential. There is pure representativeness as referendums do not exist at national level and have never been regulated at local level. But the government is semi-presidential in the sense that, owing to French influence, it attempts to balance Parliament with the election of the President of the Republic by direct and universal suffrage.

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