scholarly journals Public and Private Interests in the Sphere of Administration of Vaccination in a Pandemic

2021 ◽  
Vol 39 (68) ◽  
pp. 476-490
Author(s):  
Iryna Drobush ◽  
Liudmila Kornuta ◽  
Olha Shmyndruk ◽  
Olena Kurhanska ◽  
Tetiana Polishchuk
Keyword(s):  
Legal Status ◽  
Well Being ◽  
Legal Framework ◽  
Legal Regulation ◽  
Structural Method ◽  
Public And Private ◽  
Private Interests ◽  
Legal Method ◽  
Current State ◽  
System Method

COVID-19 has posed challenges to the global community at large and to jurisprudence in particular. In the current context, it is of paramount importance to find the best possible solutions in the field of legal regulation that help minimize the harmful effects of the global multisectoral crisis, save lives and restore the well-being of society. The work aims to clarify the theoretical problems in the legal status of medical innovations in the context of the COVID-19 pandemic. The subject of research is anticoronavirus innovations in the medical field. The research methods used were the dialectical method, the system method, the formal-legal method, the historical-legal method, and the structural method. As a result of this work, the current state of legal regulation of anti-ronavirus medical innovations was analysed, in particular the international legal framework, as well as national legislation in this area; contradictions in the observance of the balance of public and private interests under the conditions of a pandemic are revealed and, consequently, some ways of resolving them are suggested.

scholarly journals Principles and procedure for forming temporary investigation commissions of the Verkhovna Rada of Ukraine

2021 ◽  
pp. 87-98
Author(s):  
Oleksandr Zozulia
Keyword(s):  
Public Interest ◽  
Legal Framework ◽  
Legal Regulation ◽  
Quantitative Composition ◽  
Structural Method ◽  
Legal Method ◽  
Current State ◽  
Depth Analysis ◽  
Rules Of Procedure ◽  
The Right

Realization an investigation by temporary investigative commissions of the Verkhovna Rada of Ukraine is one of the leading forms of parliamentary control in Ukraine. Nevertheless, their legal framework still needs to be improved, and parliamentary investigations are relatively infrequent with insufficient efficiency. In this regard, there is a need to study the current legal framework for the formation of temporary investigative commissions. The purpose of the work is an in-depth analysis of the principles and procedure for forming temporary investigative commissions of the Verkhovna Rada of Ukraine, determination their essence and features, as well as substantiation the priority directions for improving the constitutional and legal framework of their organization and activities. Methods. To solve the problems of the research, a number of methods of scientific knowledge were used, including formal-legal method, which determined the current state and problems of legal regulation of the formation of temporary investigative commissions. System-structural method – the unity and interrelation of the procedure of formation and termination of powers of temporary investigative commissions, staffing of their personnel are characterized; logical-semantic method – the essence of the grounds for the formation of temporary investigative commissions is revealed. Results. It is established that the formation of temporary investigative commissions for investigation certain «issues of public interest» allows to take into account the variability of such public interest and the objective impossibility of its exhaustive legal definition. However, this does not preclude the abuse of the right to form temporary investigative commissions in the absence of established parliamentary practice, traditions and political culture. The formation of the staff of the temporary investigative commissions based on proportional representation of each parliamentary faction (group) provides a majority in the temporary investigative commissions to the parliamentary coalition, which may be disinterested in conducting a thorough parliamentary investigation. Conclusions. It is substantiated that the development of constitutional and legal bases for the formation of temporary investigative commissions of the Verkhovna Rada of Ukraine should include expansion of constitutional guarantees for the formation of temporary investigative commissions and clarification of issues that cannot be the subject of parliamentary investigation. Other measures should be bringing the rules of procedure of the parliament in line with the relevant Law of Ukraine, taking into account the modern parliamentary practice of Ukraine and the experience of democratic countries, as well as application of disciplinary measures to members of the temporary investigative commission in case it fails to submit a report. It is also advisable prohibition of conducting parliamentary investigations into issues pending before the court, guaranteeing the opposition at least half of the seats in the temporary investigative commission, as well as legislative establishment of its minimum and maximum quantitative composition. The following measures should be establishing requirements for the professionalism and competence of the members of the temporary investigative commission and prohibition of combining senior positions in temporary commissions and committees of parliament.

scholarly journals Liability in the field of digital payment systems and cryptocurrencies: mission is (im)possible?

2021 ◽  
Vol 10 (42) ◽  
pp. 186-195
Author(s):  
Liydmyla Panova ◽  
Siuzanna Tsurkanu ◽  
Oleh Synieokyi ◽  
Zoriana Dilna ◽  
Ivan Prymachenko
Keyword(s):  
Legal Status ◽  
Criminal Liability ◽  
Criminal Activity ◽  
Legal Regulation ◽  
Electronic Payment ◽  
Payment Systems ◽  
Legal Method ◽  
Internet Users ◽  
System Method ◽  
International Comparative

An electronic payment system is a system of settlements between different organizations and Internet users when buying or selling goods or services over the Internet. The relevance of the research topic is that electronic payment systems are used widely at the present stage of the development of society. This area has not escaped criminal activity. Penalties for digital payment systems and cryptocurrencies should be commensurate with the level of damage caused. The article analyzes the international legal establishing liability for this type of crime. At the instant, it remains an open question for further study of the legal status of cryptocurrency in different countries and the settlement of penalties for violations in the field of digital payment systems and cryptocurrency. Research methods: comparison, observation, analysis, synthesis, analogy, the system method, generalization method, and formal-legal method. According to the results of the study, the international comparative aspect of the types of liability for offenses in the field of digital payment systems was analyzed; the issue of criminal liability for offenses in the field of digital payment systems and cryptocurrencies, as a key punishment for these actions; identified means of protection of payment systems; the issue of legal regulation of cryptocurrency in different countries.

scholarly journals Factors influencing the legal regulation and management of education system in Kazakhstan: a review and analysis

2020 ◽  
Vol 18 (4) ◽  
pp. 14-24
Author(s):  
Zulfiya Movkebayeva ◽  
Dana Khamitova ◽  
Aibarsha Zholtayeva ◽  
Venera Balmagambetova ◽  
Kairat Balabiyev
Keyword(s):  
Public Policy ◽  
Law Enforcement ◽  
Education System ◽  
Well Being ◽  
Legal Framework ◽  
Legal Regulation ◽  
Educational Services ◽  
Ministry Of Education ◽  
Current State ◽  
Soviet Legacy

Nowadays, the modernization of the education system is the basis of dynamic sustainable economic development and citizens’ well-being. The key agent for the implementation of educational policy and the developer of the legal framework governing the functioning of the educational sphere is the state and its bodies. The Kazakhstani state policy’s main priorities in the field of education are formulated in several strategic documents. Using the review approach, this article examines the current state of public policy and legal regulation in Kazakhstan’s education sector. The article analyzes key documents that define the contours and content of the main directions of public policy and legal regulation. This article attempts to identify, review, and analyze the legal characteristics of the key process and factors existing in the legal field of Kazakhstani education, such as “Bologna factor,” “soviet legacy,” “provision of quality,” etc. The article concludes that the existing legal tools do not fully comply with law enforcement practice. The interpretations of some legal acts are somewhat different, which causes difficulties for actors providing educational services. Based on the result of the analysis, the article provides the main recommendations for improving legislation in education. Acknowledgment This article was written under grant from Kazakhstan Ministry of Education and Science No. АР05135081 “Student with disabilities and distance education learning environment: socio-practical and legal dimensions” coordinated by Prof. Dr Zulfiya Movkebayeva (Abai Kazakh National Pedagogical University).

scholarly journals THE INFLUENCE OF PRIVATE LAW ON THE DEVELOPMENT OF THE WORLD AND RUSSIAN LAW AND ORDER: MODERN FORMS AND TRENDS

2018 ◽  
pp. 85-99
Author(s):  
BRONISLAV GONGALO ◽  
NATALIA NOVIKOVA
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Main Task ◽  
Private Law ◽  
Law And Order ◽  
National Interests ◽  
Public And Private ◽  
Private Interests ◽  
System Method ◽  
Civil Science

Introduction: modern legal science and practice is aimed at the need to ensure and develop law and order both at the level of individual countries and at the level of the entire world community as a whole. At the same time, it is obvious that private-law relations occupy a significant place in the structure of legal relations. That is why it seems interesting to examine the main trends in the influence of private law on the development of law and order as such, to identify the main forms of such influence, to determine the directions for the development of private law and to make recommendations on the possibilities for improving private-law regulation on a national and international scale. Methods: the system method was chosen as the determining method for studying the trends in the development of basic private law institutions from the standpoint of the norms of Russian and international legislation. The choice of the system approach as the determining method of investigation is due to the fact that it is this method that makes it possible to reveal the integrity of the developing object, which is the rule of law, to reveal the interrelationships of individual institutions and private law rules with each other and the legal system as such. Analysis: the study examined the main trends in the development of private law in the current economic and political environment, in addition to aspects of the general part of civil law, including explored the scope of intellectual property, private-public partnerships, corporate relations. The problems of stimulating innovative development by means of private law were touched upon, as well as recommendations on the use of private law mechanisms to protect the national interests of the Russian Federation. Results: in the course of the study, the authors come to the conclusion that it is necessary to formulate a clear and well thought out concept of private law, which should combine public and private interests in the legal regulation of public relations. The creation of such a concept, oriented to practical application, should become the main task of modern civil science.

Some Problem Aspects of Implementation and Protection of Property Rights of Spouses

2020 ◽  
Vol 27 (1) ◽  
pp. 26-38
Author(s):  
Tetyana V. Bodnar
Keyword(s):  
Property Rights ◽  
Legal Status ◽  
Family Law ◽  
General Rule ◽  
Well Being ◽  
Legal Regulation ◽  
Marriage And Family ◽  
Historical Method ◽  
Legal Method ◽  
Logical Method

The relevance of research on the problems associated with the implementation by spouses of enshrined in family law property rights and their protection in case of non-recognition, contestation or violation due to the fact that the property rights of spouses form the basis of the legal status of spouses and their implementation serves to strengthen the family’s the material well-being of both spouses and children. The purpose of the study is to identify gaps in legislation governing spouses’ property relations and to determine their impact on securing the enjoyment and protection of their property rights. Various methods of scientific knowledge were used in the research. Thus, the historical method was used in the analysis of the provisions of the Code of Laws on Marriage and Family of Ukraine, which regulated the property rights of spouses and determined ways to protect them. The comparative legal method was used to compare the norms of the CC of Ukraine and the FC of Ukraine governing alike or similar relations, in particular regarding shared ownership, invalidation of contracts and the like. Methods of analysis and synthesis were used to identify the shortcomings and gaps in current family law and in the practice of its application. On the basis of the formal-logical method, proposals for improvement of some provisions of the family law of Ukraine were formulated. The paper considers the general rule that a husband, wife disposes of the property, which is the subject of the joint property right of the spouse, by mutual consent. Another aspect of spousal property rights concerns the maintenance and legal regulation of a spouse. No less problematic aspect of the exercise and protection of property rights of spouses, which is considered in the paper, is the issue of property division. In particular, in case law, when considering cases of separation of property of a spouse, difficulties arise in the event of deviation from the principle of equality of spouses in the circumstances of significant importance. Such circumstances, which were analysed in the article, may be the reasons for both a decrease and an increase in the share of one of the spouses, including the former. The results obtained can be used to improve family law and the practice of its application, in further scientific studies concerning the property rights of spouses, as well as in teaching the course of family law in higher education

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

Countering Migration Legislation Violations as a Modern Threat to National Security

2021 ◽  
Vol 15 (1) ◽  
pp. 162-170
Author(s):  
IGOR’ YU. SAMOKHVALOV
Keyword(s):  
Legal Status ◽  
Law Enforcement Agencies ◽  
Intelligence Gathering ◽  
Legal Norms ◽  
Functional Activities ◽  
Legal Method ◽  
Current State ◽  
General Scientific ◽  
Labor Resources ◽  
The Right

Introduction: the paper investigates migration situation in the country, reasons and prerequisites for migration-related crime, and identifies features of state prevention of migration offenses. Aim: by analyzing current migration situation, to identify problems in the field of migration-related offenses and how to counteract them at the current stage of society development. Methods: general scientific dialectical method of cognition, comparative legal method, empirical methods of description and interpretation; method of interpretation of legal norms. Results: having analyzed manifestations of migration-related crime we determine its signs, internal content, essence, types, and objectivity of existence; this allows us to put forward ways to counteract the current state of this type of crime. Conclusions: when studying how migration offenses are counteracted, we propose a number of measures that can change the existing crime situation in the migration sphere. Among them: strengthening the registration of migrants when passing the state border; increasing the responsibility of an unscrupulous employer who provides work to migrants in violation of current legislation, obliging unscrupulous employers to cover expenses related to the expulsion of illegally located migrants, strengthening the responsibility of the employer; tightening the sanctions of existing legislation for submission of false documents for registration by migrants and for registration based on false documents; strengthening the functional activities of the Federal Migration Service by granting it the right to perform intelligence-gathering activities and interaction with operative units of law enforcement agencies engaged in such activities; determining the priority of external and operative services to identify the facts of illegal stay of migrants in the territory of the metropolis; establishment of a single codified act – the migration code, regulating legal relations arising in the migration sphere. Keywords: migration-related crime; labor migration; uncontrolled migration of labor resources; legal status; victimization; migration diasporas.

scholarly journals COMMERCIAL TRANSACTION: FEATURES OF LEGAL REGULATION

2021 ◽  
Vol 37 (1) ◽  
pp. 75-79
Author(s):  
R.D. Farkhutdinov ◽  
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Civil Law ◽  
Legal Regulation ◽  
Public And Private ◽  
Conceptual Apparatus ◽  
Private Interests ◽  
Legal Limits ◽  
Commercial Transaction ◽  
Individual Features

The article suggests and justifies the concept of "commercial transaction" is currently not fixed in civil legislation as a civil definition, while a number of scientists have repeatedly justified the need and importance of fixing such a concept to solve a number of problems in legal regulation. In addition, it offers ways to solve the problem of the conceptual apparatus of the practice of separate consideration of "commercial transactions" in civil law, which allows solving a number of practical problems of law enforcement. The article uses comparative, formal-legal and functional research methods. The article identifies individual features of a commercial transaction, the legal limits of mutual synthesis of public and private interests, and determines the forms of protection of such interests.

scholarly journals Protection of the subsoil of the continental shelf of Ukraine by international and national instrumentalities

2021 ◽  
pp. 186-190
Author(s):  
V. V. Chumak ◽  
O. O. Khan ◽  
I. V. Bryhadyr ◽  
K. V. Kysylova
Keyword(s):  
Continental Shelf ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
Structural Method ◽  
Legal Norms ◽  
Foreign Companies ◽  
Legal Method ◽  
Legislative Changes ◽  
State Protection

Purpose. Identification of international and national mechanisms for protection of the subsoil of the continental shelf of Ukraine and provision of scientifically sound recommendations for improving the legal regulation of their application. Methodology. During the study, the dialectical method was used to learn the essence of such a phenomenon as the protection of the subsoil of the continental shelf; the system-structural method when analyzing objective and subjective features of the crime under Part 2 of Art. 244 of the Criminal Code of Ukraine; the comparative-and-legal method in the study on the sanction of Part 2 of Art. 244 of the Criminal Code of Ukraine; the logical and dogmatic method when developing recommendations for improving legal norms. Findings. As a result of the study, mechanisms of protection of the continental shelf of Ukraine were determined. The necessity of improvement of the legislative base regulating the order of their realization is proved. Originality. The international legal and national mechanisms of state protection of the continental shelf of Ukraine are determined. In order to improve the state protection of the continental shelf, legislative changes to Part 1 of Art. 26 of the Subsoil Code of Ukraine, Part 2 of Art. 244 of the Criminal Code of Ukraine and Part 2 of Art. 216 of the Criminal Procedure Code of Ukraine are suggested. Practical value. Proposals to improve the current legislation of Ukraine are presented aimed at improving the efficiency of the State Service of Geology and Subsoil of Ukraine, the National Police, the Security Service of Ukraine and the judiciary to protect the subsoil of the continental shelf of Ukraine from illegal use by foreign companies.

scholarly journals Protection against imposing unfavorable contract terms by the dominant party in the russian legislation: issues of ensuring the balance of convenience

2020 ◽  
Vol 16 (1) ◽  
Author(s):  
Kirill Andreevich Pisenko ◽  
Stanislav Lvovich Botvinnik
Keyword(s):  
Legal Regulation ◽  
Philosophical Perspective ◽  
Public And Private ◽  
Scientific Methods ◽  
Dominant Party ◽  
Legal Method ◽  
General Logic ◽  
Legal Nature ◽  
Definition Of ◽  
Antitrust Regulation

Legal issues of counteracting the imposition of unfavorable contract terms by the dominant party raise a number of theoretical and practical problems. The authors of the article try to determine the legal nature of imposition and develop methods of comprehensive counteraction to this violation in order to ensure the balance of convenience. From the philosophical perspective and a certain worldview, the study is based on the balance of convenience regarded as the objective foundation of legal regulation. The main philosophical and scientific methods used in this article include the dialectic method, the formal-legal method, the method of legal hermeneutics, as well as the comparative-legal and empirical methods. The theoretical basis is represented by scientific works in the field of civil, administrative, entrepreneurial and procedural branches of law. The legal nature of imposition as a type of violation should be determined with due regard to the general logic of antitrust regulation. The parallel use of both public and private law necessitates the development of procedural legal means ensuring uniform law enforcement and the balance of convenience. First of all, the unity of approaches regarding legal tools of public and civil law should be concerned with the definition of features and the essence of elements compiling the imposition itself. The authors also propose approaches to the formation of an appropriate procedural model.

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