Components of the economic sovereignty of the state

2021 ◽  
pp. 83-88
Author(s):  
Anna Turenko
Keyword(s):  
European Integration ◽  
Legal Regulation ◽  
The State ◽  
Basic Component ◽  
State Sovereignty ◽  
Significant Step ◽  
The Right

Economic sovereignty and its elements are analyzed in the article. It is emphasized that a significant step for rethinking approaches to the characteristics of the sovereignty of the state, in particular, the economic became European integration processes. On the example of tax sovereignty as a basic component of economic sovereignty, it is argued that state sovereignty and its realization depends not only on the right of state to independently decide on tax-legal regulation, but also on the nature of those measures selected by the state to carry out regulatory influences.

scholarly journals Current Issues of Protection of State Sovereignty of Ukraine in the context of Globalization

2021 ◽  
Vol 28 (42) ◽  
pp. 58-73
Author(s):  
Dariia Melnykova
Keyword(s):  
European Union ◽  
Foreign Policy ◽  
European Integration ◽  
Legal Regulation ◽  
Research Topic ◽  
The State ◽  
State Sovereignty ◽  
Modern World ◽  
The European Union ◽  
Definition Of

Abstract The relevance of the research topic is based on modern rapid European integration trends in Ukraine and the definition of one of the main vectors of foreign policy accession to the European Union, among the prospects of which is the need to protect Ukraine’s state sovereignty. The purpose of the article is to study the essence of sovereignty in the modern world and the relevance of the protection of state sovereignty on the example of Ukraine. The paper reveals the essence of sovereignty in the context of globalization of society. Along with this, the article analyzes the main trends in the formation of state sovereignty on the example of Ukraine. Also, it determines the main characteristics of state sovereignty in terms of integration. Finally, the paper reveals the content of the main integration vectors of Ukraine and their impact on state sovereignty. The scientific novelty of this study lies in the innovative understanding and justification of the essence, feasibility and necessity of protecting the state sovereignty of Ukraine during integration processes. The author proposes to improve the legal regulation of the prospects of Ukraine’s integration, based on the elaborated works of domestic and foreign researchers and her own vision of the problem.

ADDITIONAL CONCLUSION ON A DISSERTATION

2021 ◽  
Vol 3 (3) ◽  
pp. 163-180
Author(s):  
А.V. Gabov
Keyword(s):  
System Analysis ◽  
Legal Regulation ◽  
Focus Of Attention ◽  
The State ◽  
State System ◽  
Federal Law ◽  
Current Regulation ◽  
Historical Method ◽  
The Right ◽  
Academic Degrees

Introduction: the article deals with the legal phenomenon of an additional conclusion on a dissertation that rarely comes into the focus of attention of domestic researchers, which is regulated in the Regulations on Awarding Academic Degrees and the Regulations on the Council for the Defense of Dissertations for the Degree of Candidate of Science, for the Degree of Doctor of Science. The relevance of the issue is explained by the ongoing processes of transformation of all the main elements of the state system of scientific certification. Purpose: to show the main elements of this institute, the problems of its regulation, including in connection with the changes made to the state system of scientific certification by Federal Law of 23 May 2016 No. 148-FZ “On Amendments to Article 4 of the Federal Law ‘On Science and State Scientific and Technical Policy’” (hereinafter – Law No. 148-FZ), as well as the directions for improving legal regulation of this institute. Methods: system analysis, historical method. Results: the goals of the institute of additional conclusions on the dissertation are revealed; marked defects in the regulation of additional conclusion on the dissertation; given the significant changes in the state system of scientific attestation in connection with the receipt of a number of organizations right of self-awarding degrees, as well as the accumulated practice of application of this institute, the directions of its improvement are formulated. Conclusions: according to the author of the article, the institute of additional conclusion should not be abandoned, it may well be in demand in the future and in the activities of organizations, those who have received the right to independently award academic degrees. The current regulation of the institute of additional conclusion requires complete renovation.

scholarly journals PROBLEMS OF LEGAL REGULATION OF THE USE OF POLYGRAPH IN THE SECURITY AND DEFENSE SECTOR OF UKRAINE

2021 ◽  
pp. 62-66
Author(s):  
S. Kazmiruk ◽  
I. Pampukha ◽  
N. Blyzniuk
Keyword(s):  
Armed Forces ◽  
Legal Regulation ◽  
The State ◽  
Political Activity ◽  
Control Procedure ◽  
Territorial Integrity ◽  
Linguistic Support ◽  
Military Security ◽  
The Right ◽  
Psychophysiological Detection

The year 2021 was proclaimed the year of the Euro-Atlantic transformation at the Department of Defense of Ukraine. The result of such transformational processes in the DoD of Ukraine and the Armed Forces of Ukraine will be the creation of the integrated Euro-Atlantic type defense institution that will ensure their obligatory transformation, together with the other subjects of the security and defense sector of Ukraine to the new standards functioning and the command and control procedure. In particular, the introduction of legal regulation of the use of the polygraph. Military security is one of the fundamental requirements to implement the right of the people of Ukraine on self-identification, preserve Ukraine as a state and secure its sustainable development. The protection of the sovereignty and territorial integrity of Ukraine is the utmost valuable function of the State. The fulfillment of this norm of the Constitution of Ukraine in terms of existential military threat to national security requires applying a number of measures and defensive actions that adhere to the principles and norms of international law. The main purpose of the Strategy of the military security of Ukraine is a preliminary prepared and comprehensively maintained all-encompassing defense of Ukraine based on the principles of deterrence, sustainability, and cooperation that ensures military security, sovereignty, and territorial integrity of the state by introducing innovative tools to detect hidden information. In the course of the Euro-Atlantic integration process, there is a critical moment to start carrying out specific, complex, and relevant tasks in the sphere of external political activity that facilitate the implementation of relevant directions in developing innovative systems aimed at identifying concealed and false information. Particularly, the linguistic support of events of defense and military cooperation in order to systematically implement the reforms of the security and defense sector that are directed to meet the international NATO-members' standards. It is also relevant to urgently implement the legal and ethical norms on the activity of the polygraph examiner's when performing a psychophysiological detection of deception using a polygraph.

scholarly journals Sovereignty in a Federal State: Theoretical and Legal Bases and Practice of Implementation in Russia

2020 ◽  
pp. 13-26
Author(s):  
Andrei V. Bezrukov ◽  
Andrey A. Kondrashev
Keyword(s):  
Russian Federation ◽  
Armed Forces ◽  
Fundamental Principle ◽  
The State ◽  
State Sovereignty ◽  
Federal State ◽  
Constitutional Court ◽  
Potential Threat ◽  
The Russian Federation ◽  
The Right

The article raises the issue of state sovereignty in a federal state and reveals its legal nature. The authors draw attention to the diversity of approaches to the concept and essence of sovereignty, reveal its correlation with related categories, describe the concepts of unity and divisibility of state sovereignty. The paper proves that sovereignty is not a quantitative, but a qualitative characteristic of a state, which is either present or not. The authors substantiate the exclusive possession of state sovereignty by the Russian Federation. Based on the analysis of the doctrinal, regulatory sources and the practice of the Constitutional Court of the Russian Federation, the authors show that the Russian constitutional model explicitly outlines the principle of solid and indivisible state sovereignty spreading throughout the whole territory of the Russian Federation. Recognition of the principle of state sovereignty of Russia presupposes a clear definition of the scope of rights that the Federation should possess in order for its sovereignty to be ensured. The article examines the main features of the state sovereignty of Russia enshrined in the Constitution of the Russian Federation, among which are the supremacy of federal law over the law of the subjects of the Federation, the inviolability of borders and territorial integrity, the unity of the economic space, fiscal, banking and monetary systems, common army (Armed Forces), the right of the state to protect its sovereignty and rights of citizens. Despite the unequivocal decision on the integrity of state sovereignty of the Russian Federation expressed the Constitution of the Russian Federation and by the Constitutional Court of the Russian Federation, this fundamental principle is not completely ensured since the idea of the sovereignty of the republics as components of Russia continues to retain its potential threat to Russian federalism, taking into account the provisions of Art. 73 of the Constitution of the Russian Federation that provide for the full state power of the constituent entities of the Russian Federation

scholarly journals Legal regulation of Natural Resources as a Category of Environmental Resources for Providing Economic Activity on the Example of Ukraine

2020 ◽  
Vol 9 (1) ◽  
pp. 228
Author(s):  
Daria Piddubna ◽  
Illia Karakash
Keyword(s):  
Water Resources ◽  
Natural Resources ◽  
Legal Regulation ◽  
Forest Resources ◽  
The State ◽  
Land Resources ◽  
Plant Resources ◽  
Atmospheric Air ◽  
System Verification ◽  
The Right

Every citizen has the right to safe natural resources. In Ukraine, this right is fixed at the level of the Constitution of Ukraine and special legal acts. The right to natural resources determines the citizen's right to: land resources; water resources; forest resources; flora and fauna; mushrooms; berries; atmospheric air. Ecological nature of natural resources is associated with the provision of various types of safety: environmental, energy, water, food, biological, genetic, and in aggregate - national. To implement the above, it is necessary to amend the regulatory framework in Ukraine  on the following positions: responsibility (both from the side of officials and from the side of economic entities); system verification of the state of natural resources; ban on burning stubble, forest strips; strengthening of responsibility for the destruction of water facilities, cutting of plant resources, for the introduction of pesticides, for the implementation of atmospheric emissions and discharges into water objects; introduction of organic farming. The main thing – the issue of environmental friendliness of natural resources is characteristic not only for Ukraine, but also for the whole world. From their status depends on the suitability of life for every inhabitant of the planet, as well as the state of the planet itself.  Keywords: natural resources, an ecological resource, the constitutional rights of citizens, land resources; water resources; forest resources; flora and fauna; mushrooms; berries; atmospheric air.  

scholarly journals Legal mechanisms for the implementation of corporate rights by public law entities

2020 ◽  
pp. 309-313
Author(s):  
Konstantin Leonov
Keyword(s):  
Local Governments ◽  
Supervisory Board ◽  
Legal Regulation ◽  
Public Law ◽  
The State ◽  
Corporate Rights ◽  
A Value ◽  
Communal Property ◽  
The Right ◽  
Authorized Capital

The state is the largest owner of corporate rights. Entities operating on the basis of state ownership only, as well as entities whosestate share in the authorized capital exceeds fifty percent or is a value that provides the state with the right to decisive influence on economicactivity are recognized as economic entities of the public sector of the economythese subjects. Instead, the subjects of economicsector of the economy are entities that operate on the basis of communal property only, as well as entities in the authorized capital ofwhich the share of communal property exceeds fifty percent or is a value that provides local governments with the right to decide impacton the economic activities of these entities.There are two main features of corporate rights of the state in the subjects of public law: 1) management of such corporate rightsis carried out in the manner prescribed by a separate law; 2) the purpose of managing the corporate rights of the state is to meet stateand public needs.In 2016, Ukraine underwent a reform that resulted in a significant strengthening of the legal regulation of the activities of supervisoryboards in companies in the authorized capital of which more than 50 percent of shares (stakes) belong to the state. In particular,an important novelty was that the majority of members of the supervisory board in such companies must be independent members ofthe supervisory board. Thus, in relation to the corporate rights of the state, the legislator has established a number of special restrictions.In particular, the corporate rights of the state are prohibited to transfer to companies for the formation of their authorized capital, exceptfor the transfer to the authorized capital of state joint stock companies and state holding companies. This restriction is aimed at preventingcovert privatization or withdrawal of corporate rights from state ownership.Significant strengthening of legal regulation of supervisory boards in companies in the authorized capital of which more than50 percent of shares (stakes) belong to the state, resulted in the introduction of the provision that the majority of members of the supervisoryboard in such companies must be independent members of the supervisory board. An independent member of the SupervisoryBoard has equal rights and responsibilities with other members and independently decides on voting on all issues on the agenda of theSupervisory Board meeting.

scholarly journals The Jordanian Legal Regulation for Implementing the Arbitral Award as an Executive Bond in accordance with the Jordanian Execution Law No. 25 of 2007

2018 ◽  
Vol 11 (4) ◽  
pp. 109
Author(s):  
Shams El-Din Qassem Al-Khazaleh ◽  
Sayel Mofleh Momani
Keyword(s):  
Final Stage ◽  
Legal Regulation ◽  
The State ◽  
Judicial Control ◽  
Arbitral Award ◽  
Arbitration Process ◽  
Broad Concept ◽  
The Will ◽  
The Right ◽  
Arbitration Award

The implementation of the arbitral award is the final stage of the arbitration process, which is the substance of the arbitration agreement, since the control is based on the principle of the authority of the administration and as it is the focus of this research, the arbitration judgment, as well as the implementation of the arbitral award, will be discussed in addition to the terms of the enforceable judgment, as well as judicial control over the execution of the award to reach the result that the legislator was not successful in organizing methods of appeal by arbitration. The Jordanian legislator adopted the broad concept of executive bonds and then not limited to judgments and decisions, but included official and ordinary bonds and tradable commercial papers. The executive bonds are the documents specified in the law of enforcement or any other law and are the reason for establishing the right to implement execution and Article 6 of the Jordanian Enforcement Law referred to this. In addition, the Jordanian Arbitration Law No. 31 of 2001 approved the implementation of the arbitrators' judgments if the court ruled to uphold these provisions. The focus of our study was to implement the arbitral award as an executive bond and for its specificity as a judgment issued by natural persons with no jurisdiction. Only derive their task from the will of individuals. The parties to the dispute, but the reality that made the arbitration at the present time of the features that make it more acceptable by individuals to settle their disputes from resorting to the jurisdiction of the state, and respect for the legislator and his quest for stability and security made those decisions executive bonds under certain conditions are implemented through them. It is on this basis that this study is divided into sessions and we will address the concept of arbitral award. Then the implementation of the arbitration award and then we will discuss the terms of the arbitral award and enforceable judicial control over it and then move to the conclusion and its recommendations.

scholarly journals Skutki prawne kontroli przedsiębiorcy prowadzonej z naruszeniem zasad kontroli

2018 ◽  
Vol 114 ◽  
pp. 623-636
Author(s):  
Michał Strzelbicki
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Public Economic ◽  
Economic Law ◽  
Scope Of Application ◽  
The Right ◽  
Legal Consequences

LEGAL CONSEQUENCES OF ENTREPRENEUR INSPECTION CONDUCTED IN VIOLATION OF PRINCIPLES FOR INSPECTIONWith the enforcement of the Business Activities Freedom Act, the provisions of Chapter 5 entitled “Entrepreneur Inspection” have become to apply in the Polish Public Economic Law. The essence of the regulation lies in the principles for inspection, namely standards to be met by each and every entrepreneur’s business inspection performed by administrative bodies. Legal regulation of entrepreneur inspection, providing for legal framework of the procedure and setting limits to the actions of the inspection authority, was aimed by the legislator to limit the natural advantage of the authority over the entrepreneur during the inspection proceeding.The legislator was aware that the very introduction of principles for inspection would not be sufficient to effectively protect entrepreneurs’ interests. For this reason, the administrative authorities have been obliged to apply the principles for trader inspection through far-reaching negative legal consequences to the authority in the event of breach. The article analyses such legal solutions which provide entrepreneurs with the right to pursue compensation from the state, and permit demanding that the evidence gathered during the inspection could not be used against such trader by the administration authorities the “fruit of the poisonous tree” principle. The author presents the scope of application of both such instruments, and takes a stand as regards related detailed issues which have so far been the bone of contention both in the doctrine and in the judgements.

scholarly journals INTERNATIONAL ECONOMIC STANDARDS OF MEDICAL PROVISION: LEGAL CHARACTERISTICS AND PROBLEMS OF IMPLEMENTATION IN UKRAINE

2020 ◽  
Vol 5 (5) ◽  
pp. 28
Author(s):  
Dmytro Bilinskyi ◽  
Mushfik Damirchyiev
Keyword(s):  
Health Care ◽  
Medical Care ◽  
Care Delivery ◽  
Synthesis Method ◽  
Legal Regulation ◽  
Right To Health ◽  
The State ◽  
International Standards ◽  
Medical Reform ◽  
The Right

The purpose of the paper is to analyze the current legislation on medical reform in the context of harmonization with international standards. In the conditions of social state building in Ukraine, the thesis is axiomatic regarding that the state should show concern for their citizens, including for the protection of their health. In this context, it is relevant to study the implementation of medical reform in Ukraine, since its content and the degree to which the proclaimed provisions are enforced depend on the ability of each person to access quality health care. Methodology. The article is based on international legal acts, laws and by-laws of Ukraine in the field of legal regulation of medical care. Both general scientific and special methodology were used for the research. Methods of analysis and synthesis, method of description, method of induction, method of deduction, method of correlation, etc. were applied. Results. The article defines the directions for harmonization of the legislation of Ukraine on health protection in accordance with international standards. Based on the ECHR practice, proposals have been formulated to improve the legislation of Ukraine. Conclusions. The ECHR has repeatedly concluded that the right to health is complex and includes: the right to information about one's health and the confidentiality of such information; the right to health care; the right to choose the doctor and the remedies freely; the right to a safe environment that affects health and so on. The state does not cover all aspects of providing medical care to citizens, but resorts to limited funding, since the state budget funds are only one of the types of sources of financing. Practical implications. We have formulated the following tasks: to analyze Ukraine's international legal obligations regarding health care; to identify major changes in health care financing and health care delivery in line with health care reform standards in Ukraine; to identify major health care funding issues.

scholarly journals INSTITUTION OF PUBLIC LAND SERVITUDE IN THE CONTEXT OF THE THEORY OF REFLECTIVE ACTION OF LAW

2020 ◽  
pp. 208-212
Author(s):  
Artem Yu. Mokhov ◽  
Semyon P. Malyshkin
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Land Policy ◽  
Public Land ◽  
Land Plot ◽  
Land Relations ◽  
Private And Public ◽  
The Russian Federation ◽  
The Right

The main provisions of the theory of reflective action of law are considered in the article. The manifestation of law reflexes in modern legal regulation is analysed on the example of land relations. Land, as the basis of life and activity of peoples who live in the territory of the Russian Federation, acts not only as an economic good and a natural resource, but also as the object of a number of property and personal non-property relations connected with them. The institution of public land easement is considered by the authors to be a reflex of law, that is, the restriction of the subjective right of a particular owner of a land plot in the interests of society, the state. The issue of the limitation of the right of land private ownership is raised on the basis of an analysis of legislation and judicial practice. The problem of the limits of the action of public easements simultaneously aimed not only at the normal exercise of all property rights by the land plot owner, but also at preserving the favourable state of the environment, at ensuring the subjective rights of other participants in land legal relations, at the implementation of a single land policy of the state indicated in the context of the development of land legislation of the Russian Federation. The conclusion, that the use of the right reflex construction has a beneficial effect on strengthening legal certainty in the face of imbalances in private and public interests in land law, is made.

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