Legal Regulation of the Restrictions of Civil Rights

2020 ◽  
Vol 3 ◽  
pp. 29-38
Author(s):  
N. O. Zakharov ◽  
Keyword(s):  
Civil Rights ◽  
Legal Regulation ◽  
Individual Regulation

Тhe subject of the article is legal regulation of restrictions of civil rights; it is noted that the scope of such regulation can vary depending on certain legally significant circumstances; author gives examples of situations related to the restriction of subjective civil rights, the regulation of which is exhausted by its legal component without the need for individual regulation; the author comes to the conclusion that such situations are possible in circumstances where the restrictions are typical, standardized and do not depend on the subjects of restrictions or certain external circumstances.

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

Differentiation of the Legal Regulation of the Pledge Depending on from the Object

2021 ◽  
Vol 6 ◽  
pp. 39-44
Author(s):  
I. G. Zhabinsky ◽  
Keyword(s):  
Civil Rights ◽  
Property Rights ◽  
Legal Regulation ◽  
Ongoing Debate ◽  
Intellectual Activity ◽  
Common Features ◽  
The Relationship ◽  
Legal Entities ◽  
Individual Objects

The article raises the question of differentiating the legal regulation of legal relations arising from a pledge, depending on the object of the pledge. Of course, the pledge as a way of securing the fulfillment of obligations is characterized by common features and general approaches to regulation, regardless of the object, at the same time, the features of individual objects require the specification of the relevant rules. The ongoing debate in science regarding the ratio of objects of civil rights, as well as the lack of unity on the issue of the ratio of individual objects, gives rise to a discussion regarding certain types of collateral, classified depending on the object. The author pays special attention to the pledge of property rights and proposes an approach on the relationship between certain types of property rights, in particular, rights of obligation, rights of participants in legal entities and exclusive rights to the results of intellectual activity.

scholarly journals THE PRINCIPLE OF PROTECTION OF HUMAN AND CIVIL RIGHTS AND FREEDOMS IN CRIMINAL PROCEEDINGS

2021 ◽  
Vol 31 (5) ◽  
pp. 917-923
Author(s):  
E.F. Tensina
Keyword(s):  
Civil Rights ◽  
Legal Regulation ◽  
Information Component ◽  
Criminal Proceedings ◽  
The Relationship ◽  
Current Mechanism

The article analyzes the reasons for the introduction of the principle of protection of human and civil rights and freedoms in the criminal procedural system of principles, including taking into account international legislation. The relationship between the concepts of "protection" and "protection" is revealed. The characteristic of its content is given with the allocation of elements. The content of the information component in the activities of officials carrying out criminal proceedings is analyzed. The concepts of witness immunity and witness privilege are defined, their significance for the content of the principle of protection of human and civil rights and freedoms. Particular attention is paid to the issues of legal regulation of the security program for participants in criminal procedural relations and the current mechanism of compensation for harm caused to the victim of a crime. Taking into account the analysis, the problems of legal regulation were identified and proposals were made to eliminate them. The importance of a serious and thoughtful attitude of officials carrying out criminal proceedings to ensuring human and civil rights and freedoms in criminal proceedings is emphasized.

scholarly journals Some Aspects of the Statutory Regulation of the Prosecutor’s Involvement in Exercising of the Constitutional Right to Judicial Protection in a Civil Procedure

2020 ◽  
Vol 11 ◽  
pp. 30-33
Author(s):  
Tatyana R. Pozharskaya ◽  
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Legal Regulation ◽  
Legal Doctrine ◽  
Civil Proceedings ◽  
Constitutional Right ◽  
Judicial Protection ◽  
Procedural Rights ◽  
Statutory Regulation ◽  
Constant Interest

An analysis of the amendments made to the Constitution of the Russian Federation in 2020 made it possible to conclude that the provisions concerning the judicial protection of fundamental human and civil rights and freedoms are stable. The role and content of the legal regulation of the participation of the prosecutor in the implementation on behalf of certain participants in civil proceedings of this right emphasizes the specifics of his procedural position. At the same time, the existence in the legal doctrine and in law enforcement practice of various positions that determine the legal status of the prosecutor in the exercise of the constitutional right to judicial protection, and the lack of a unified approach to resolving this issue give rise to constant interest in this problem. In this study, through the prism of analyzing the content of the procedural rights and duties of the prosecutor, the grounds for the implementation by the prosecutor of constitutional guarantees for protecting the interests of society and the state protected by law, the determinism of his legal status in civil proceedings is substantiated.

scholarly journals Legal status of cryptocurrency in Asian countries

2021 ◽  
Vol 66 ◽  
pp. 96-102
Author(s):  
V.M. Logoida
Keyword(s):  
Civil Rights ◽  
Government Regulation ◽  
Legal Status ◽  
Legal Regulation ◽  
Intangible Asset ◽  
Asian Countries ◽  
Legal Nature ◽  
Liberal Approach ◽  
Definition Of ◽  
Almost All

The article is devoted to the study of the experience of legal regulation of the legal status of cryptocurrencies and transactions with them in Asian countries (except for the People's Republic of China and Asian countries - members of the Commonwealth of Independent States, as the author examined them in separate publications). In the article the author, based on the study of regulations, administrative and judicial practice of all major countries in this part of the world, emphasizes the divergent trends in cryptocurrency transactions regulation in the region, when some countries move from a liberal approach to the use of cryptocurrencies to their total ban and vice versa. It is noted that almost all countries in the region give a legal assessment of the payment function of cryptocurrencies, using regulatory or prohibitive approaches, depending on the chosen policy, which indirectly confirms their understanding of the legal nature of cryptocurrencies primarily as a means of payment. At the same time, these countries not only categorically distinguish cryptocurrencies from fiat money issued by central banks, but also mostly avoid the official definition of cryptocurrency as private (decentralized) cash, preferring to qualify them as an intangible asset, virtual asset, digital asset, financial value and even a good or service, which is currently a kind of compromise between political expediency and economic realities. The author also notes that the Asian region is characterized by very active attempts to resolve the legal status of cryptocurrencies at the legislative level, and not just administrative or judicial response to the actual legal relationship, although the progress of different countries in this matter is different. As a result, the author concludes that in the Asian countries considered in the article, there is no same view on the legal nature of cryptocurrency, its qualification as an object of civil rights, and ways to regulate transactions with it (libertarian approach, positive-cryptocurrency approach but with detailed government regulation and control or a completely restrictive policy in relation to the cryptocurrency market).

scholarly journals THE CORRELATION OF THE CATEGORIES OF “QUALITY” AND “SAFETY” OF PRODUCTS

2019 ◽  
pp. 74-78
Author(s):  
T.V. Malanchuk ◽  
E.A. Zaitsev
Keyword(s):  
Civil Rights ◽  
Legal Regulation ◽  
Poor Quality ◽  
Product Safety ◽  
Legal Rights ◽  
Safety Issues ◽  
State Supervision ◽  
Safety Features ◽  
And Control

The article analyzes the complex state of the modern legislative regulation of quality and product safety issues in the context of ensuring consumers’ rights to the proper quality of goods (works, services). It is stated that in view of the variety of different properties that make up the notion of quality, the most important are the defects, which are capable of damaging the life, health, or property of the consumer, that is, the defects, which indicate that the goods are dangerous. The safety of goods works, and services as a legal category are of particular importance and is one of the functions of the state to ensure public safety. State measures of influence on manufacturers and sellers of goods, persons who perform work and provide services should be aimed at ensuring the protection of fundamental civil rights. In most cases, these are imperative requirements for safety, which are approved by special legal acts, as well as measures of state supervision and control to ensure the safety of manufactured goods, works, and services. The legislator, when defining security, uses the term “safety of goods (works, services)”, but it would be advisable to carry out graduation of these concepts since the safety of goods is a state of goods that allows it to be sold, used, stored, transported, disposed of without harm for life, health, the property of the consumer and the environment in normal conditions, and the safety of works and services is the quality of protection of the legal rights of the consumer in carrying out the activities of persons who perform work and provide services, danger to life, health, the property should not manifest itself either in their implementation and providing or later. It is noted that quality requirements should be made mandatory when designing production specifications. It is stated that in order to ensure the effectiveness of legal regulation, the safety of a product, work, or service must be considered as a full-fledged property within the legal notion of quality. It is concluded that product safety is an integral feature of any product, work, and service, acting as an integral element of the quality category. Lack of safety features indicates that the product is of poor quality. Keywords: quality, safety, proper quality, improper quality, specifications, consumers.

scholarly journals Positive and debatable aspects of land and legal creativity of O.S. Dobrov

2020 ◽  
Vol 11 (3) ◽  
Author(s):  
Yermolenko Iryna ◽  
Keyword(s):  
Civil Rights ◽  
Legal Regulation ◽  
Customary Law ◽  
Historical Period ◽  
Land Law ◽  
Public Interests ◽  
Private Interests ◽  
Land Relations ◽  
Customary Land ◽  
Academy Of Sciences

The article is devoted to the land and legal creativity of a member of the Commission for the Study of Customary Law of Ukraine, established in 1921 at the All-Ukrainian Academy of Sciences, O.S. Dobrov, in particular the peculiarities of the introduction into the mechanism of legal regulation of the then land relations of local customs. As a positive point, the proposed expansion of the historical period of existence of domestic land law, starting from the XVI century. It is stated that modern Ukrainian representatives of legal science have overlooked this fact. A debatable point in the work of O.S. Dobrov is an insufficiently substantiated proposal to apply local customs in land law through the prism of their compliance with the principle of compliance with the Civil Code of compliance with the socio-economic purpose of any civil rights of citizens called to implement solely to develop productive forces. Attention is drawn to the insufficient elaboration of empirical material by the scientist, because the illogical substitution of the basic private law principle of formation of civil rights in order to satisfy private interests on the purely public law principle of achieving state interests ultimately leads to complete leveling of customary land law. Keywords: land law, local customs, customary land law norms, public interests, private interests

Approaches to understanding the category "special legal regimes"

2021 ◽  
Vol 28 (1) ◽  
pp. 71-78
Author(s):  
Oleksandr M. Bukhanevych ◽  
Anastasiia M. Mernyk ◽  
Oleh O. Petryshyn
Keyword(s):  
Civil Rights ◽  
Public Relations ◽  
Legal Regulation ◽  
Special Focus ◽  
Negative Consequences ◽  
Legal Regime ◽  
Martial Law ◽  
State Of Emergency ◽  
Legal Personality ◽  
Legal Regimes

The study investigates the main approaches to understanding such legal categories as “legal regimes” and “special legal regime”, and provides their classification. Special legal regimes serve as the legal basis for restricting human and civil rights and freedoms; therefore, the relevance of the study of the concept, types, and main features of special legal regimes is beyond doubt. The authors of the study consider the relationship between the categories of special legal regime of a state of emergency and martial law, and describe the main grounds for their imposition. The authors noted a need for a clear, consistent legal regulation of the model of behaviour aimed at overcoming and eliminating negative consequences of an emergency and military nature. Attention is focused on the fact that in Ukraine, the regulation of public relations arising in connection with emergencies and military situations has become particularly important after the emergence of a military conflict on the territory of Ukraine and the spread of the COVID-19 virus. The study provides the author’s vision of the categories “legal regimes” and “special legal regimes”. it is proposed to interpret the legal regimes as the regulatory procedure, which is expressed in a set of legal means that describe a special combination of interacting permits, prohibitions, and obligations, while implementing a special focus of regulation. The latter should be interpreted as a form of public administration that makes provision for the restriction of the legal personality of individuals and legal entities, introduced as a temporary measure provided by means of administrative and legal nature, and aimed at ensuring the security of the individual, society, and the state. The study provides the classification of special legal regimes and contains proposals to distinguish them according to the content and basis of occurrence as follows: state of emergency, martial law, state of siege, state of war, state of public danger, state of tension, state of defence, state of threat, state of readiness, state of vigilance

THE INFLUENCE OF THE NEW REGULATION OF DIGITAL RIGHTS ON JUDICIAL PRACTICE

2020 ◽  
pp. 27-39
Author(s):  
Vladimir G. Blinov ◽  
Viktoriya V. Blinova
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Research Topic ◽  
Digital Rights ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Available Information ◽  
Digital Assets

A huge interest in learning digital technologies is noted these days. However, at the same time it is necessary to note insufficient degree of available information on this topic, which is due to this phenomenon's novelty. The relevance of the research topic is determined by the need to analyze comprehensively the litigation practice on applying the legislation on digital rights. The need for this research is due to the lack of a comprehensive legal regulation of new digital technologies, lack of uniform judicial practice on applying the legislation on digital rights. This paper considers and analyzes modern law enforcement approaches to cryptocurrency as an object of civil rights, to transactions with cryptocurrency, dissemination in the Internet of information about cryptocurrency as a virtual means of payment and saving in the territory of the Russian Federation, taxation of digital assets existing in litigation practice. The legal positions of the Bank of Russia, Rosfinmonitoring, FTA of Russia on problematic issues of digital rights are investigated.

Tendencies of Development of Legal Regulation Emission and Turnover Bonds in the Legislation of Poland

10.12737/397 ◽  
2013 ◽  
Vol 1 (1) ◽  
pp. 0-0
Author(s):  
Андрей Богустов ◽  
Andrei Bogustov
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Civil Law ◽  
Legal Regulation ◽  
Securities Market ◽  
Concept Definition ◽  
Current Trends ◽  
The Subject ◽  
Definition Of ◽  
Debt Holders

The subject of research is the notion and the features of a bond as a subject of the Polish civil law. The aim of research is the exposure of the current trends of legal regulation of bond issue and handling on example of the legislation of Poland. The methodological basis of the research contains the comparative law approach. In the course of investigation the author has come to the conclusion that the legislation of Poland governing the issue and handling of bonds reflects a number of current trends of the development of civil law as following: the differentiation of legal regulation of the securities market, the unacceptance of the universal concept definition of the term «security», the dematerialization of the securities, the approximation of the legal status of a share and a bond, the enhancement of the measures of the corporation’s shareholders and debt holders protection, the approximation and mutual loanword of the common and continental law countries legislation, the extention of the frame of reference of legal civil rights represented with securities.

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