International Legal Mechanism for Protecting State Sovereignty from International Commercial Arbitrations Decisions

2020 ◽  
Author(s):  
Yuri Vladimirovich Mishalchenko ◽  
Aleksandr Iakovlevich Kodinzev ◽  
Timofey Nikolaevich Dovbush
Keyword(s):  
State Sovereignty ◽  
Legal Mechanism

scholarly journals Legal bases of participation of institutes of civil society are in providing of informative safety of Ukraine

1970 ◽  
pp. 142-146
Author(s):  
Pavlo Yakovlev
Keyword(s):  
Civil Society ◽  
The State ◽  
State Sovereignty ◽  
Economic Power ◽  
Law And Order ◽  
Joint Activity ◽  
Modern Period ◽  
State Administration ◽  
Legal Forms ◽  
Legal Mechanism

In the article legislative bases of participation of institutes of civil society are illuminated in providing of informative safety of the state. Attention is accented on that informative safety of Ukraine in a modern period is the mortgage of maintenance of the proper level of law and order in society, providing of state sovereignty, integrity and economic power of country. On the basis of analysis of norms of Constitution of Ukraine, and also legislative acts in the field of information and national safety, the state of legislative settlement of participation of institutes of civil society is described in realization of the events sent to providing of informative safety of the state. Underline, that in modern Ukraine President as country's Leader is the basic subject of creation of norms in the field of adjusting of cooperation of the system of state administration and civil society on questions providing of informative safety.          Reasonably, that on present tense in the system of national legislation of Ukraine a question is regulated not enough in relation to the administrative legal forms of cooperation of the system of state administration and civil society in the questions of providing of informative safety of the state. Also, the indefinite is remained by a question in relation to the legislative fixing of concepts "informative safety" and "institutes of civil society". Normative settlement is needed also by possibilities for the institutes of civil society to get having a special purpose information on questions informative safety and (or) informative sovereignty of Ukraine. It is noticed on the insufficient adjusting of questions in relation to the culture of the use of facilities of treatment of information and methods of her defence. It is marked that in legal science there are a doctrine ground of optimal administrative legal mechanism of joint activity of institutes of civil society and states on questions, that touch an exposure and counteraction to the threats of informative safety of Ukraine directly, perspective directions of research.

Comparative Approach in Legal Policy

10.12737/392 ◽  
2013 ◽  
Vol 1 (1) ◽  
pp. 0-0
Author(s):  
Александр Малько ◽  
Aleksander Malko ◽  
Алексей Саломатин ◽  
Alexey Salomatin
Keyword(s):  
Political Science ◽  
Comparative Method ◽  
Comparative Law ◽  
State Sovereignty ◽  
Comparative Approach ◽  
Legislative Process ◽  
Legal Policy ◽  
Legal Information ◽  
Comparative Political Science ◽  
Legal Mechanism

Legal Policy as a new direction in Legal Sciences is to help in transformation of legal mechanism of the state and all the legal life. It has become extremely important thanks to extreme complexities of post-modernizing society under circumstances of erosion of state sovereignty, intensive communication and spreading of legal information, civil involvement in legislative process. But only applying of comparative method in the form of Comparative Law, Comparative State Studying, Comparative Political Science can make Legal Policy more effective and precise.

scholarly journals Integration Tax Law and the New World Order

2020 ◽  
Vol 15 (11) ◽  
pp. 23-35
Author(s):  
G. P. Tolstopyatenko
Keyword(s):  
New World ◽  
Primary Source ◽  
World Order ◽  
Legal Regulation ◽  
International Standards ◽  
State Sovereignty ◽  
Soft Law ◽  
Tax Law ◽  
New World Order ◽  
Legal Mechanism

The paper is devoted to the study of the main factors of development of integration tax law in the new world order. The author analyzes the peculiarities of the legal mechanism of the EU tax policy, the OECD soft law acts and their impact on the legal regulation of cross-border activities of international companies. According to the results of the study, the author concludes that the new world order, the main feature of which is still the process of globalization of economic and political relations, in the last few years is characterized by an increase in the opposite trend called “new” State sovereignty. This phenomenon is expressed in the policy of economic restrictions (sanctions) against individual states (USA, EU—Russia); in strengthening the policy of protectionism (USA—China); in politics isolationism as a consequence of the world economic crisis caused by the pandemic; in the special position of some EU member States (e.g. Hungary) concerning separate issues of migration and economic policy, etc. Strengthening the “new” state sovereignty entails the improvement of the political and legal mechanism of harmonizing the positions of States for making compromise decisions. This, in turn, means expanding the application of “soft law” rules and strengthening the role of international organizations as their primary source in the regulation of international relations and development of national law in accordance with international standards.

PROSPECTS FOR THE DEVELOPMENT OF THE LEGAL MECHANISM FOR THE FUNCTIONING OF PAYMENT SYSTEMS

2020 ◽  
Vol 13 (3) ◽  
pp. 079-084
Author(s):  
ELIZAVETA SALINA ◽  
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Payment System ◽  
State University ◽  
Payment Systems ◽  
Proper Functioning ◽  
Money Transfer ◽  
Level Of Significance ◽  
Transfer Services ◽  
Legal Mechanism

1 Lomonosov Moscow State University, Moscow, Russia The presented research reveals an approach to the construction of a legal mechanism for the functioning of payment systems. The proposed approach is based on the application of the principles of legal regulation. The purpose of a work is to determine the existing legal mechanism for the functioning of payment systems, identify its drawbacks and propose a new approach to legal regulation to ensure the proper functioning of payment systems. The proposed approach to legal regulation takes into account the specifics of the functioning of payment systems, which consists in the presence of three elements in its activities: institutional, procedural and organizational. These elements reflect the subject structure of the payment system, the process of providing money transfer services by them, and the ways in which payment system entities interact during providing payment services. Each of the elements must be defined within the legal framework of the payment system to ensure its proper functioning. The proposed principles of legal regulation take into account the features of these elements, in particular, the principles are classified into three groups, depending on the element they affect. The paper describes ways to implement the principles in the legal mechanism: the possibility of their direct application, depending on the type of significance of the payment system, is analyzed. It is also concluded that the implementation of the principles in the legal mechanism will reduce the regulatory burden on payment systems by using an approach depending on the level of significance of the payment system. The paper defines the role of the principles, which is that the principles allow to eliminate the legal gaps in the legislation on the national payment system, and prevent the emergence of new gaps.

Catholicism and Cosmopolitanism: the Confluence of Three Catholic Scholars and the Cosmopolitan Democrats on State Sovereignty and the Future of Global Governance

2016 ◽  
Vol 3 (2) ◽  
pp. 37-51
Author(s):  
Matthew Bagot
Keyword(s):  
Global Governance ◽  
State Sovereignty ◽  
Current Debate ◽  
Past Century ◽  
Jacques Maritain ◽  
The Past ◽  
Technological Advances ◽  
The Future ◽  
Cosmopolitan Democracy ◽  
Catholic Tradition

One of the central questions in international relations today is how we should conceive of state sovereignty. The notion of sovereignty—’supreme authority within a territory’, as Daniel Philpott defines it—emerged after the Treaty of Westphalia in 1648 as a result of which the late medieval crisis of pluralism was settled. But recent changes in the international order, such as technological advances that have spurred globalization and the emerging norm of the Responsibility to Protect, have cast the notion of sovereignty into an unclear light. The purpose of this paper is to contribute to the current debate regarding sovereignty by exploring two schools of thought on the matter: first, three Catholic scholars from the past century—Luigi Sturzo, Jacques Maritain, and John Courtney Murray, S.J.—taken as representative of Catholic tradition; second, a number of contemporary political theorists of cosmopolitan democracy. The paper argues that there is a confluence between the Catholic thinkers and the cosmopolitan democrats regarding their understanding of state sovereignty and that, taken together, the two schools have much to contribute not only to our current understanding of sovereignty, but also to the future of global governance.

Restoring Four-Power Rights, Reviving a Confederation in 1989

2017 ◽  
Author(s):  
Mary Elise Sarotte
Keyword(s):  
Cold War ◽  
Social Order ◽  
Second World War ◽  
First Century ◽  
State Sovereignty ◽  
World War ◽  
German States ◽  
Divided Germany ◽  
Second World ◽  
Restoration Model

This chapter examines the Soviet restoration model and former German Chancellor Helmut Kohl's revivalist model. The Union of Soviet Socialist Republics (USSR) hoped to use its weight as a victor in the Second World War to restore the old quadripartite mechanism of four-power control exactly as it used to be in 1945, before subsequent layers of Cold War modifications created room for German contributions. This restoration model, which called for the reuse of the old Allied Control Commission to dominate all further proceedings in divided Germany, represented a realist vision of politics run by powerful states, each retaining their own sociopolitical order and pursuing their own interests. Meanwhile, Kohl's revivalist model represented the revival, or adaptive reuse, of a confederation of German states. This latter-day “confederationism” blurred the lines of state sovereignty; each of the two twenty-first-century Germanies would maintain its own political and social order, but the two would share a confederative, national roof.

Legal Mechanism of Using Agent/s Undercover in Crime Detection of Organized Crime Group

2020 ◽  
Vol 26 (2) ◽  
pp. 141-144
Author(s):  
Atanas Brandev
Keyword(s):  
Organized Crime ◽  
Criminal Procedure ◽  
Clear Distinction ◽  
Joint Training ◽  
Crime Detection ◽  
Organized Crime Groups ◽  
Legal Mechanism ◽  
Laws And Regulations

AbstractUsed by undercover agents in detecting and documenting crimes committed by the so-called. ‘Organized crime groups’ is a relatively poorly used but extremely effective method. The latter is a combination of criminal procedure and special laws and regulations. The full use of undercover agents requires further enhancement of the legal safeguards for the protection of the employees in question, as well as a clear distinction between acts performed by the employees in question, whether or not in connection with their undercover activities, with or without the implementation of different composition of crime. Attention should be paid to the mechanisms for the selection and joint training of the latter, including through the exchange of experience of EU partner services.

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