scholarly journals Current determinants of notarial activity: civilistic aspect

Legal Ukraine ◽  
2020 ◽  
pp. 51-59
Author(s):  
Yurii Opanashchuk
Keyword(s):  
Public Law ◽  
The State ◽  
Human Potential ◽  
Constitutional Rights ◽  
Present Stage ◽  
New Era ◽  
State And Society ◽  
Legal Security ◽  
The Individual ◽  
Transformation Processes

The article analyzes the main legal and enforcement obstacles to the development and improvement of notarial activity in Ukraine at the present stage. The author emphasizes that the policy of the domestic legislator in relation to the optimization of notaries, unfortunately, cannot be called consistent and unambiguous, as there are a number of conceptual problems and legislative conflicts that prevent the development of this institution and public law certification of civil relations. It is noted that by lawful and timely notarial acts domestic notaries provide public credibility to civil law relations, which in some cases act as legal facts that have constitutive significance. These conclusions allowed the author to state that the human rights function of the notary acquires the character of a system-forming feature in relation to the activation of human potential in the legal sphere, as not every state authorized to perform such actions is properly capable of performing the duties of an ordinary notary. In this context, the author identifies as key determinants of the development of the institute of notarial services in Ukraine at the present stage the succession of European traditions and the fundamental nature of legal security of civil circulation, as the key goal of the notary as a provider of constitutional rights to qualified legal aid. digital form. At the same time, the organization and implementation of effective law enforcement activities with the help of notarial bodies is one of the priorities of sustainable development of the state and, at the same time, is another determinant in the transformation processes of notaries of the new era of digitalization. In this regard, the author determined that the notary in Ukraine has long become not just a legal body, but an important institution of the state and society as a whole, carrying out public law activities aimed at protecting the rights and interests of the individual. Key words: notary, notarial activity, functions of notary, certificate of transactions.

scholarly journals ON THE QUESTION OF THE EXERCISE BY RUSSIAN WOMEN OF THE RIGHT TO FREEDOM OF LABOR

2021 ◽  
pp. 8-11
Author(s):  
A.V. Golovinov ◽  
Yu.V. Golovinova
Keyword(s):  
Civil Rights ◽  
The State ◽  
Constitutional Rights ◽  
State Discrimination ◽  
European Court ◽  
Russian State ◽  
State And Society ◽  
Constitutional Right ◽  
The Individual ◽  
The Right

Within the framework of this publication, the authors analyze some of the problems of the realizationby Russian women of the constitutional right to freedom of labor. The emphasis is placed on the principleof equality as a basic platform that allows women to effectively exercise their right to freedom of work. The authors proceed from the fact that equality as a principle of law is nothing more than the ideal of ajust structure of the state and society, which is characterized by the comprehensive implementation andprotection of human and civil rights and freedoms. Therefore, equality canonizes parity in the relationshipbetween the individual and the state, discrimination on the part of state bodies with this interpretation isexcluded.The article shows that the Russian state, striving to improve the conditions of women’s work, in orderto effectively protect their constitutional rights, creates a system of normative legal acts that fix the list ofprofessions and types of professional work, which women have no right to replace. This, in turn, leads to thelatter’s appeal to the courts, up to the Supreme Court of the Russian Federation and the European Court ofHuman Rights in Strasbourg.

A systemic method of investigating the development of human potential: the individual as an economic and social actor

2021 ◽  
pp. 41
Author(s):  
Maria Fedorova
Keyword(s):  
Economic System ◽  
Human Development ◽  
The State ◽  
Human Potential ◽  
Social Actor ◽  
Social Responsibilities ◽  
The Individual ◽  
Different Levels

The article argues that considering the individual as an economic and social actor in a socio-economic System makes it possible to look into various aspects of human development at different levels in interrelation. The main indicators of the economic and social subsystems are analyzed, which characterize the development of human potential in Russia in the period 2010-2019. A number of measures for the development of social responsibilities of the state, charity and volunteering have been substantiated.

scholarly journals Evolution of the Concept of Citizenship in the Islamic Thought: An Analysis

2020 ◽  
Vol 2 (1) ◽  
pp. 121-141
Author(s):  
Osama Sami AL-Nsour
Keyword(s):  
The State ◽  
The Past ◽  
Islamic Thought ◽  
State And Society ◽  
The Government ◽  
The One ◽  
The Individual ◽  
Islamic Civilization ◽  
Political Economic ◽  
The Relationship

The concept of citizenship is one of the pillars upon which the modern civil state was built. The concept of citizenship can be considered as the basic guarantee for both the government and individuals to clarify the relationship between them, since under this right individuals can acquire and apply their rights freely and also based on this right the state can regulate how society members perform the duties imposed on them, which will contributes to the development of the state and society .The term citizenship has been used in a wider perspective, itimplies the nationality of the State where the citizen obtains his civil, political, economic, social, cultural and religious rights and is free to exercise these rights in accordance with the Constitution of the State and the laws governing thereof and without prejudice to the interest. In return, he has an obligation to perform duties vis-à-vis the state so that the state can give him his rights that have been agreed and contracted.This paper seeks to explore firstly, the modern connotation of citizenship where it is based on the idea of rights and duties. Thus the modern ideal of citizenship is based on the relationship between the individual and the state. The Islamic civilization was spanned over fourteen centuries and there were certain laws and regulations governing the relationship between the citizens and the state, this research will try to discover the main differences between the classical concept of citizenship and the modern one, also this research will show us the results of this change in this concept . The research concludes that the new concept of citizenship is correct one and the one that can fit to our contemporary life and the past concept was appropriate for their time but the changes in the world force us to apply and to rethink again about this concept.

scholarly journals Mobilization and demobilization in a network political protest

2020 ◽  
pp. 266-297
Author(s):  
Alexander Sokolov ◽  
Asya Palagicheva
Keyword(s):  
Information And Communication Technologies ◽  
Social Space ◽  
Communication Technologies ◽  
The State ◽  
Political Protest ◽  
The Social ◽  
State And Society ◽  
Communication Space ◽  
Information And Communication ◽  
The Individual

The article considers the essence and approaches to understanding network political protest. Traditional forms of collective action are changing under the influence of information and communication technologies. The network paradigm focuses on the position of the individual in the social space, the degree of his involvement in the communication space, the ability to control and regulate the intensity of the information flow. Network structures are more flexible and adaptive, more in line with the new reality. Special and main principles of the network structure of political protest are revealed. The article also presents definitions of political mobilization and demobilization. These processes Express the rivalry of the conflicting parties-the state and society, where the support of the broad masses of the population is an important category. Based on the data of the monitoring study, the features of the development of civil protest activism and the use of mobilization technologies were identified. ICTs have a significant impact on their formation and transformation. The state, reacting to forms of real and virtual activity, formulates a counteraction strategy. It is expressed in the use of technologies for the demobilization of citizens, which are also undergoing changes in the era of digitalization

scholarly journals Scientific approaches to the system of concepts of "national security": international legal aspect

2020 ◽  
Vol 7 (12) ◽  
pp. 70-77
Author(s):  
А. Альван
Keyword(s):  
National Security ◽  
Legal Aspect ◽  
The State ◽  
Constitutional Rights ◽  
External Threats ◽  
Wide Range ◽  
Single Well ◽  
Definition Of ◽  
The Individual

Scientific approaches to the concept of "national security" are systematized in the article. The author substantiates that there are four main approaches to the concept of "national security". The first group - works devoted to the terminological characterization of national security. Another group - the authors define national security because of the state of protection of vital interests, the individual, society and the state against all kinds of threats. The third group is studies that analyze the types of national security, in particular: economic, environmental, financial, personnel, financial, social, etc. These characteristics reflect their socio-political nature, trace the unity of personal, public and state security, developing political and other processes. The fourth group of studies are those that pay attention to problems related to the correct use of the concept of "national security" and the possibility of its replacement. Fifth group - analyzes the interaction and correlation of threats and security.There is no single, well-defined definition of national security today. No matter what approach the authors use, there are different approaches, and in some cases, complications or simplifications of this category.In our opinion, national security should be understood as a state of protection of the individual, society and state against a wide range of internal and external threats, which ensure the realization of citizens' constitutional rights and freedoms, decent quality and standard of living, sovereignty, independence, state and territorial integrity. , sustainable socio-economic development of the state.

scholarly journals Modern models of social partnership in Uzbekistan

2021 ◽  
Vol 1 (3) ◽  
pp. 152-161
Author(s):  
Alisher Muminov
Keyword(s):  
Civil Society ◽  
Effective Interaction ◽  
The State ◽  
Special Importance ◽  
Effective Mechanism ◽  
Social Partnership ◽  
Cultural Life ◽  
State And Society ◽  
The Republic ◽  
The Individual

Currently, the special importance of social partnership is acknowledged as an effective mechanism for involving the general public in participation in the socio-political, socio-economic and cultural life of the country in Uzbekistan. In this regard, the President of the Republic of Uzbekistan Sh.Mirziyoyev pointed out the need for consistent implementation: “the principle of mutual responsibility of citizens, the state and society, the connection of their rights and obligations. This principle serves as the basis for effective interaction between the state and the individual, the state and civil society in solving the important tasks facing our country. This article is devoted to the analysis of reforms aimed at the development of social partnership in Uzbekistan.

scholarly journals PAKISTAN CRIMINAL LAW: A SHORT NOTE

2021 ◽  
Vol 2 ◽  
pp. 26-29
Author(s):  
Aleksey D. Scherbakov ◽  
Keyword(s):  
Criminal Law ◽  
Short Note ◽  
Criminal Code ◽  
The State ◽  
Penal Code ◽  
Islamic Republic ◽  
State And Society ◽  
The Individual

In the article author examines the current Criminal Code of the Islamic Republic of Pakistan - Pakistan Penal Code (PPC) of 1860. A brief analysis of the system of criminal law, its main provisions related to the concept of crime, punishment, certain types of criminal encroachments both on the individual and on the interests of the state and society is given. Also, when presenting the material, the author touches on the problems of the influence of Muslim law on criminal law.

scholarly journals ANALISIS TERHADAP UNDANG-UNDANG NOMOR 23 TAHUN 2011 TENTANG PENGELOLAAN ZAKAT (PERSPEKTIF HUKUM ISLAM)

2016 ◽  
Vol 15 (2) ◽  
Author(s):  
Budi Rahmat Hakim
Keyword(s):  
Islamic Law ◽  
Legal Framework ◽  
The State ◽  
New Paradigm ◽  
New Era ◽  
Key Issues ◽  
The Individual ◽  
Relationship Of ◽  
The Relationship ◽  
Tax Deduction

The Birth of Law No. 23/2011 marks a new era of transformation of the national charity which has given rise to a new paradigm of charity management in our country. Some rules are the result of constitutive ijtihadin the ?eld of charity gets a reaction from some quarters, especially related to the management of charity by the state authority. Regardless of the debate which led to the material and formal lawsuit, there are several key issues to be further analyzed in relation to the reconstruction of ?qh paradigm evaluated from the perspective of contemporary Islamic law. First, the authorities and the involvement of the state as charities through the agency or institution that is of?cially established or recognized by the state, so that the management of charity can be done effectively, guaranteed. And have legal certainty. Secondly, the absence of sanctions for muzaki who shirk the obligation of charity in Law No.23 / 2011 shows that the payment of charity is voluntary, therefore charity regulations in Indonesia are still considered weak in the legal framework that can bind to the individual or business entity that is exposed to the taxpayer , Third, the reform paradigm of subject, object and charity tas{arruf ?eld have already accommodated in Law No.23 / 2011 in accordance with the principle of mas}lah}atand justice. Fourth, the relationship of charity and tax reaf?rmed in the amendment of new Law charity as?scal incentives for charity payers to make charity as a reduction of PKP (tax deduction), although this provision has not been able to realize the position of charitywhich is more signi?cant as a tax deduction(tax credit).

Oddziaływanie współczesnych konstytucji na stosunki między podmiotami prywatnymi

2015 ◽  
Author(s):  
Monika Florczak-Wątor
Keyword(s):  
Research Team ◽  
The State ◽  
Constitutional Rights ◽  
Broad Perspective ◽  
Careful Choice ◽  
Law System ◽  
Individual Function ◽  
State Apparatus ◽  
The Individual ◽  
International Research Team

THE INFLUENCE OF CONTEMPORARY CONSTITUTIONS ON RELATIONS BETWEEN INDIVIDUALS The influence of a constitution on the relations between pńvate parties must be seen in a broad perspective. The wide application of constitutional norms, principles and values, and their penetration into the private law system so that they set standards for the behavior of an individual, significantly broaden the constitutional space in which the State, society, and the individual function. Accepting an opinion on the horizontal application of constitutional rights changes our mode of perception of the constitution, its role, and its functions, as well as the possibility thai il will apply in practice. In this way the constitution ceases to be only a collection of principles describing the organization and functioning of the state apparatus and becomes an instrument for the creation of a democratic society and an axiological point of reference for the valuation of the processes thai take place in this society. The main purpose of our research was the presentation of the range of different solutions adopted on the basis of current constitutions and applied in practice under the heading of the horizontal application of constitutional rights. We wanted to achieve this purpose not only by the careful choice of States, but also by the engagement of researchers from different countries and universities in the realization of the project. Therefore our international research team consists of researchers from Albania, Greece, Ukraine, and Poland, and this leads to the bilingual character of our publication.

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