Actual issues of the search of housing or other possession of the person

2021 ◽  
Author(s):  
Yevhen Povzyk
Keyword(s):  
Law Enforcement ◽  
Scientific Literature ◽  
Scientific Research ◽  
Main Body ◽  
Unified Approach ◽  
Basic Law ◽  
The Supreme Court ◽  
The Subject ◽  
The Right ◽  
Problem Setting

Problem setting. One of the basic human rights, enshrined in the Constitution of Ukraine, is the right to inviolability of housing or other possession. The Basic Law stipulates that no penetration into a home or other possession of a person, inspection or search in them is allowed differently than according to a motivated court decision. This provision means that the state is authorized to reasonably restrict the above law. However, according to law enforcement practice, such restriction of the right to inviolability of housing or other possession is not always reasonable and there is an unequal and improper application of regulatory provisions regulating the procedure for carrying out this investigative (investigative) action. This, in turn, requires a comprehensive analysis of problematic issues that arise during the search and a unified approach to their solution. The object of research is legal relations arising during a search of housing or other possession of a person. The subject of the study are regulations that regulate the grounds, conditions and procedural procedure for conducting a search of housing or other possession of a person. Analysis of recent researches and publications. In the scientific literature, certain aspects of the search of housing or other possession were the subject of scientific research of such scientists as: V. Goncharenko, I. Hlovyuk, V. Zaborovsky, V. Noor, O. Kaplina, O. Komarnytska, O. Shvykova, M. Shumylo etc. Target of research is to study problematic issues arising during the search of housing or other possession of a person and to develop on its basis proposals for improving the current criminal procedural legislation. The scientific novelty of the research is to express proposals for improving the current criminal procedural legislation, which relate to the procedural procedure for the search of housing or other possession of a person, the announcement of a break in its conduct and the peculiarities of fixing its results. Article’s main body. The scientific research is devoted to the analysis of the grounds, conditions and procedural procedure for conducting a search in a dwelling or other possession of a person, guarantees of protection of the rights and freedoms of a person during this investigative (search) action, features of fixing the course of conducting a search of a home or other possession of a person. Conclusions and prospects for the development. Based on the analysis, we conclude that it is appropriate to apply to the decision of the Supreme Court of 02.09.2020. № 591/4742/16-k, which states that the protocol of the search of housing is unacceptable evidence, if it does not contain information about the employees of the operational units involved in it, the sequence of all actions during the search and packaging of seized items, as well as if during the search at the time of detection of equipment intended for the manufacture of narcotic drugs (subject of crime), were not present understood, invited investigators after the discovery of such equipment.

Joint bankruptcy of spouses: theory and practice issues

2021 ◽  
pp. 271-280
Author(s):  
Irina E. Belova
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Scientific Literature ◽  
Theory And Practice ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

We research the issue of the current law enforcement practice of considering cases of joint bankruptcy of spouses in the framework of insolvency procedures of individuals. We emphasize that at the legislative level, joint bankruptcy of spouses and multiple persons on the debtor’s side is not provided for. Initially, this resulted in a lack of courts’ uniform approach, which has become a subject of discussion in the scientific literature. In this context, we pay attention to the importance of adoption by the Plenum of the Supreme Court of the Russian Federation of position on the combining admissibility of spouses’ banknote cases. In turn, the permissibility of combining cases did not resolve the issue of possibility of accepting a joint bankruptcy application, which again led to discrepancies in judicial practice. Special attention is paid to the admissibility of combining cases, which is the right of the court, and not its duty. We note that the arbitration courts, when solving this issue, study such circumstances as the subject composition of the persons participating in the cases of debtors, the volume and nature of prop-erty that is part of the bankruptcy estate of each debtor’s property, the per-formance of duties of financial manager by the same person. Despite the de-veloping judicial practice of joint bankruptcy of spouses, justified by the ex-planations of the Plenum of the Supreme Court of the Russian Federation, we believe that it expedient and necessary to establish the grounds, procedure and conditions for joint bankruptcy of individuals who are spouses at the legislative level.

scholarly journals Deprivation of the right to hold certain positions or engage in certain activities: regulatory issues and law enforcement practice

2021 ◽  
Vol 234 (11) ◽  
pp. 16-24
Author(s):  
SERGEY A. PICHUGIN ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Criminal Code ◽  
Scientific Methods ◽  
The Supreme Court ◽  
Domestic Legislation ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

The article is devoted to various aspects of the regulation and execution of punishment in the form of deprivation of the right to hold certain positions or engage in certain activities. The subject of the article is the norms of the current domestic legislation, data from official statistics of the Judicial Department at the Supreme Court of the Russian Federation and the Federal Penitentiary Service of Russia, as well as law enforcement practice on the topic under consideration. The purpose of the article is to analyze the normative regulation and practice of applying punishment in the form of deprivation of the right to hold certain positions or engage in certain activities. The methodological basis of the research is represented by a set of general and specific scientific methods. The work used methods such as analysis, synthesis, formal legal, statistical. As a result of the study, proposals were formulated to amend the current legislation in terms of improving preventive work with persons sentenced to punishment in the form of deprivation of the right to hold certain positions or engage in certain activities. Conclusions are made about the essence, features of legal regulation and law enforcement practice of the considered type of punishment in modern conditions, about the need to increase the effectiveness of preventive activities in relation to persons sentenced to punishment in the form of deprivation of the right to engage in activities related to driving a vehicle. Key words: deprivation of the right to hold certain positions or engage in certain activities, punishment, penal inspectorates, the Criminal Code of the Russian Federation, convict, deprivation of the right to engage in activities related to driving.

Constitutional guarantees rights to entrepreneurial activity

2021 ◽  
Author(s):  
Serhiy Hlibko ◽  
Olga Grechko
Keyword(s):  
Economic Activity ◽  
Entrepreneurial Activity ◽  
Main Body ◽  
Economic Management ◽  
Systemic Impact ◽  
The Subject ◽  
Constitutional Right ◽  
The Right ◽  
Legal Mechanism ◽  
Problem Setting

Problem setting. The article considers the category of freedom of entrepreneurial activity. The normative-legal and organizational-legal guarantees of entrepreneurial activity, enshrined in the Constitution of Ukraine, are studied. Particular attention is paid to constitutional restrictions in the field of entrepreneurial activity. Target of research is to study the constitutional guarantees of ensuring the right to entrepreneurial activity and to identify shortcomings in the mechanism of their implementation. Analysis of recent researches and publications. The constitutional right to entrepreneurial activity and guarantees of its provision have been the subject of research by many scholars, in particular M.V. Vitruk, B.S. Ebzeev, M.I. Matuzov, M.P. Orzikh, M.I. Kozyubra, V.F. Pogorilka, P.M. Rabinovych, S.V. Riznyk, Yu. M. Todyky, O.O. Chub, V.M. Shapoval, V,S. Shcherbyna and others. Only some aspects of this issue were considered in the special literature, respectively, a comprehensive study of the constitutional guarantees of the right to entrepreneurial activity has not found its proper elaboration. Article’s main body. The guarantees of the right to entrepreneurial activity provided for in the Constitution of Ukraine are sometimes declarative in nature. This is due to the fact that regulations, specifying the Constitution of Ukraine, contain some inconsistencies and gaps. With regard to the constitutional enshrinement of guarantees of the right to entrepreneurial activity, it is necessary to single out a block devoted to the economic sphere, which will create a systemic impact on the content of current legislation and the practical mechanism for implementing such guarantees. Conclusion and prospects for the development. The issues of creating conditions for the proper conduct of economic activity by the state are inseparable from the understanding and legal support of the implementation of guarantees of entrepreneurship, which requires an effective legal mechanism for economic management and the creation of appropriate conditions for economic activity.

Functions of legal guarantees in labor law: current issues

2021 ◽  
pp. 41-45
Author(s):  
Maryna Pyzhova Pyzhova
Keyword(s):  
Law Enforcement ◽  
Theoretical Study ◽  
Labor Relations ◽  
Labor Law ◽  
Labor Rights ◽  
Main Body ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of ◽  
Problem Setting

Problem setting. The concept of “guarantee” is the subject of many scientific studies, and in various fields of law. But this is especially true of labor law, and above all, work on guarantees of labor rights of citizens. That is why a special place in the system of national labor law is occupied by the institution of guarantees and compensations. Unfortunately, the outdated Labor Code of Ukraine has significant problems with terminological uncertainty, as it contains neither a definition of guarantees nor a definition of compensation, in contrast to the Labor Code of the Russian Federation, where Article 164 clearly defines that guarantees are funds. ways and conditions by which the exercise of rights granted to employees in the field of social and labor relations is ensured. And compensations are monetary payments established for the purpose of reimbursement to employees of the expenses connected with performance by them of labor or other duties provided by this Code and other federal laws. Therefore, we see it necessary to investigate and determine the purpose and indicate what functions are guaranteed by labor law in Ukraine. Analysis of recent research. Scientists approach the understanding of the essence and content of legal guarantees in different ways, among them E. Ametistov, V. Andriev, N. Bolotina, O. Valetska, S. Venediktov, S. Verlanov, M. Grekova, S. Ivanov, I. Kiselyov, N. Kokhan, E. Krasnov, M. Feskov, G. Chanisheva, and problems of the institute of remuneration – V. Bozhko, V. Zhernakov, M. Inshin, O. Protsevsky, S. Prilipko, O. Sytnitskaya, N. Khutoryan, O. Yaroshenko, I. Yatskevich and others. Target of research is to consider the issue of legal guarantees in labor law and highlight their functions. Article’s main body. The article considers the issue of assigning legal guarantees in labor law. The author’s definition of the functions of legal guarantees in labor law is given, it is indicated that these are the areas of influence on the realization of employees and employers of their labor rights and responsibilities, protection of rights and freedoms and their restoration in case of violation. It is proposed to distinguish four main functions of legal guarantees in labor law, including security, instrumental, creating a balance between the interests of the employee and the employer, providing stability to labor relations. The articles of the national security legislation which express the specified functions are analyzed. Conclusions and prospects for the development. In our opinion, the definition and understanding of the functions of legal guarantees in labor law is necessary for further scientific and theoretical study of the institution of guarantees in labor law, as well as for law enforcement. We are convinced that guarantees are an important and necessary tool for the realization of the declared rights and freedoms of citizens in the field of labor. That is why there is an urgent need to develop and consolidate at the legislative level the conceptual apparatus of the institution of guarantees.

Appeal of the verification order as a method of protection of law

2020 ◽  
pp. 106-110
Author(s):  
Artem Kotenko
Keyword(s):  
Supreme Court ◽  
Main Body ◽  
Negative Consequences ◽  
Significant Difference ◽  
The Supreme Court ◽  
Tax Audit ◽  
Legal Position ◽  
The Moment ◽  
The Right ◽  
Problem Setting

Problem setting. The article analyzes the provisions of current legislation and the practice of the Supreme Court on appeals by a taxpayer of an inspection order as a way to protect the rights of such a taxpayer. Analysis of recent researches and publications. The problem of recognizing the right to appeal against a tax audit order, taking into account criticism of the Supreme Court’s practice, has recently arisen, and has not been covered yet by other researchers. Target of research. The purpose of the article is to analyze such a way of protection of the right as an appeal against the order to conduct an inspection. Article’s main body. Conducting a tax audit is a certain process, which by its logic has a beginning and an end. The inspection inevitably begins on the day specified in the calendar date in the inspection order. The beginning of the inspection leads to the emergence of a number of mutual rights and obligations of the payer and the supervisory authority. It is established that the documentary and actual inspection is completed on the last day of the inspection period, which is defined in the inspection order as the last day of the inspection. The act (certificate) based on the results of documentary and factual inspections may not be drawn up on the day of the end of the inspection. Although such a requirement for an actual inspection is not justified and the officials of the controlling body should be able to complete the inspection even on the day of its beginning. Then the act and / or certificate of the results of the actual inspection formalizes the end of the inspection. The problem of the moment of the end of tax audit is also a problem of realization of the rights by the taxpayer. It is important for the payer to know clearly the date of completion of the inspection. Only in this way will he be able to protect his rights and interests, avoiding additional negative consequences. There is a significant difference: provide documents during or after receiving the inspection report. Submission of additional documents is the basis for an unscheduled documentary inspection. Conclusions and prospects for the development. It is argued that the legal position of the Supreme Court on the impossibility of appealing the inspection order independently without appealing the TND is illogical, as such a position does not take into account the requirements of current legislation, in particular, the Tax Code of Ukraine and CAP of Ukraine. The need to revise the analyzed legal position of the Supreme Court and to form a new practice of the Supreme Court regarding the appeal of the order on conducting a tax audit was emphasized.

On the possibility of termination of the lease contract of municipal property in the case of privatization of the lease object

2021 ◽  
pp. 177-182
Author(s):  
Mykola Moroz
Keyword(s):  
Law Enforcement ◽  
Civil Code ◽  
The Other ◽  
Main Body ◽  
Lease Contract ◽  
The Subject ◽  
The Law ◽  
The One ◽  
Mandatory Provision ◽  
Problem Setting

Problem setting. Quite often in the practice of law enforcement there are disagreements as to whether privatization of the leased object may be the reason for the termination of the lease contract of municipal property. Analysis of recent researches and publications. The issue of termination of lease contract of municipal property was studied by legal scholars in different ways. Research in this area was conducted by I. R. Kalaur, Ye. Kozarenko, O. Moroz, I. Spasibo-Fatieieva, V. Steshenko and other scientists. Target of research is determining whether the lease contract of municipal property can be terminated by privatization of the leased object. Article’s main body. A conflict between Part 2 of Art. 770 of the Civil Code of Ukraine and Part 8 of Art. 20 of the current Law of Ukraine “On Lease of State and Municipal Property”, which stipulate that the provision that the lease contract remains in force for the new owner in case of alienation of leased property may be changed by the parties to the contract and the said alienation may be grounds for the termination of the lease, if the parties have agreed on this, on the one hand and Part 4 of Article 18 of the Law of Ukraine “On Privatization of State and Municipal Property”, which establishes the mandatory provision according to which in case of privatization the lease contract remains in force for a new owner, on the other. The author notes that the mentioned rule of the Law of Ukraine “On Privatization of Public and Municipal Property” is special in relation to the rules of the Civil Code of Ukraine and the Law of Ukraine “On Lease of Public and Mubicipal Property”, which are general in relation to the first. Conclusions and prospects for the development. Upon alienation of the subject of the contract in the manner of privatization, the contract of lease of municipal property remains in force for the new owner of the privatized property. At the same time, if the parties have established in the lease of municipal property that the alienation of the leased object is the basis for its termination, such a provision applies in the case of alienation of the object by the owner on grounds other than privatization and in such circumstances, alienation of property by the owner otherwise than privatization is the reason for its termination.

The Israeli Unfinished Constitutional Revolution: Has the Time Come for Protecting Economic and Social Rights?

2004 ◽  
Vol 37 (2-3) ◽  
pp. 299-345 ◽  
Author(s):  
Yoram Rabin ◽  
Yuval Shany
Keyword(s):  
Supreme Court ◽  
Constitutional Law ◽  
Hard Core ◽  
Social Rights ◽  
Cultural Rights ◽  
Basic Law ◽  
The Supreme Court ◽  
The Status ◽  
Interpretive Strategies ◽  
The Right

AbstractThis article addresses the constitutional discourse surrounding the status of economic and social rights in Israel. It examines the principal interpretive strategies adopted by the Supreme Court with regard to the 1992 basic laws (in particular, with respect to the right to human dignity) and criticizes the Court's reluctance to apply analogous strategies to incorporate economic and social rights into Israeli constitutional law. Potential explanations for this biased approach are also critically discussed. The ensuing outcome is a constitutional imbalance in Israeli law, which perpetuates the unjustified view that economic and social rights are inherently inferior to their civil and political counterparts, and puts in question Israel's compliance with its obligations under the International Covenant of Economic, Social and Cultural Rights. At the same time, encouraging recent Supreme Court decisions, particularly the YATED and Marciano judgments, indicate growing acceptance on the part of the Court of the role of economic and social rights in Israeli constitutional law, and raise hopes for a belated judicial change of heart concerning the need to protect at least a ‘hard core’ of economic and social rights. Still, the article posits that the possibilities of promoting the constitutional status of economic and social rights through case-to-case litigation are limited and calls for the renewal of the legislation procedures of draft Basic Law: Social Rights in the Knesset.

scholarly journals RESPONSABILIDADE EM FACE DE PIQUETE NA JURISPRUDÊNCIA NORTE-AMERICANA

2019 ◽  
Vol 1 (54) ◽  
pp. 499
Author(s):  
Edilton MEIRELES
Keyword(s):  
United States ◽  
Supreme Court ◽  
Freedom Of Expression ◽  
United States Supreme Court ◽  
The United States ◽  
The Supreme Court ◽  
Deductive Method ◽  
The Face ◽  
The Subject ◽  
The Right

RESUMONeste trabalho tratamos do direito de manifestação em piquetes e da responsabilidade que possa advir desses atos em face da jurisprudência da Suprema Corte dos Estados Unidos da América. A partir da análise das principais decisões da Suprema Corte se pode concluir que, de modo geral, os participantes do piquete não respondem quando agem de forma não ilegal. Está sedimentado, no entanto, o entendimento de que o organizador do piquete responde pelos atos dos participantes. A pesquisa desenvolvida se justifica enquanto estudo comparativo e diante do pouco debate existente no Brasil a respeito do tema. Na pesquisa foi utilizado o método dedutivo, limitada à ciência dogmática do direito, com estudo de casos apreciados pelo judiciário. PALAVRAS-CHAVES: Responsabilidade; Piquete; Estados Unidos; Suprema Corte; Liberdade De Expressão. ABSTRACTIn this work we deal with the right of demonstration in pickets and the responsibility that may arise from these acts in the face of the jurisprudence of the Supreme Court of the United States of America. From the analysis of the Supreme Court's main decisions it can be concluded that, in general, the picket participants do not respond when they act in a non-illegal way. It is settled, however, the understanding that the picket organizer responds by the acts of the participants. The research developed is justified as a comparative study and in view of the little debate that exists in Brazil regarding the subject. In the research was used the deductive method, limited to the dogmatic science of law, with study of cases appreciated by the judiciary.KEYWORDS: Responsibility; Picket; United States; Supreme Court; Freedom Of Expression.

Theoretical basis of research of personal mediation of manipuiative tendencies

2021 ◽  
Vol 2021 (2) ◽  
pp. 25-34
Author(s):  
Yu. V. Borets ◽  
◽  
O. V. Palahniuk ◽  
Keyword(s):  
Theoretical Analysis ◽  
Key Words ◽  
Theoretical Basis ◽  
Scientific Literature ◽  
Use Of Force ◽  
Training Process ◽  
The Will ◽  
The Subject ◽  
The Right ◽  
Practical Implications

The purpose of the article. Theoretical analysis of personal mediation of manipuiative tendencies. Methodology. The basis of this study is a theoretical analysis, synthesis, generalization, systematization of available scientific literature on the subject. Results. Manipulation of consciousness is one of the ways to dominate and suppress the will of people by acting on them through the programming of their behavior. This action is aimed at the mental structures of man, which is carried out secretly and aims to change the thoughts, motivations and goals of people in the right direction for a certain group of people. In this case, the purpose of manipulation – hiding their true intentions, to encourage another person to take certain actions, change values, ideas and opinions, etc., while maintaining the illusion of independence in general and independence of decisions or actions. In other words, to motivate a person to what he does not want to do, to distract from what he aspires to, but at the same time to create in him the confidence that he is acting of his own free will. Practical implications. The need to study manipulative tendencies is to determine the main ways and methods of manipulation and ways to protect against manipulative action. To reveal the main features of the manipulator’s personality and the category of people who are most prone to manipulative action. Theoretical materials can be used in the training process of the courses “Psychology of personality”, “Age Psychology”, “Differential Psychology”, “Fundamentals psychological correction”. Originality/value. It was found that the criteria for manipulation are: the attitude of the manipulator to the objects of manipulation as a means to achieve their own goal, the desire to gain unilateral advantage, the hidden nature of influence, use of force, motivation, motivation and skill in the process of manipulative influence. Key words: manipulation, coercion, manipulation, subject of manipulation, projection, Machiavellianism, manipulative influence.

scholarly journals Feu la D.C.D. L'arrêt Miller et la peine de mort

2005 ◽  
Vol 18 (2-3) ◽  
pp. 567-576
Author(s):  
Henri Brun
Keyword(s):  
Supreme Court ◽  
Death Penalty ◽  
Supreme Court Of Canada ◽  
Bill Of Rights ◽  
Right To Life ◽  
The Supreme Court ◽  
The Subject ◽  
The Law ◽  
The Right ◽  
First Time

The Miller case, decided by the Supreme Court of Canada on October 5, 1976, puts the death penalty under the light of the Canadian Bill of Rights which formulates the right to life and the right to protection against cruel and unusual treatment or punishment. The following comment on the case relates to the interpretation given specific clauses of the Bill of Rights by the Court on that occasion. But it stresses especially the law that flows from the case about the compelling weight of the Bill of Rights over acts of Parliament enacted after the Bill came into force. In Miller, the Supreme Court expressed itself on the subject for the first time.

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