scholarly journals The concept and features of the international search for persons seeking or granted asylum

2021 ◽  
Vol 232 (9) ◽  
pp. 13-22
Author(s):  
MAXIM YU. TARASOV ◽  
Keyword(s):  
International Organizations ◽  
Criminal Responsibility ◽  
Legal Regulation ◽  
Refugee Status ◽  
Existing Problems ◽  
Foreign Countries ◽  
Unilateral Termination ◽  
Legitimate Interests ◽  
General Secretariat ◽  
Method Analysis

The article examines the features of the international search for persons seeking or granted asylum, provides information on the recommendations and principles in force in this area, as well as on the decisions of the General Assembly of Interpol, the General Secretariat and the Executive Committee of Interpol. The article considers the official statistics, domestic and foreign legislation and scientific literature on the topic of the work. The purpose of the study is to analyze the system of abuse of the possibilities of including persons seeking and receiving refugee status into the international wanted list, or, conversely, unilateral termination of the international search for such persons by units of the Interpol General Secretariat. The methodological basis of the research was formed by the statistical method, analysis, synthesis, induction, system-structural and formal-logical methods. As a result of the work carried out, a sufficiently detailed analysis of Russian and international legislation in this area, as well as the genesis of the latter’s development in different periods, is provided. The problems of legal regulation of the international search for persons seeking or granted asylum, and the stemming from them abuses on the part of the wanted persons and the states of stay, are considered. The article examines the foreign experience in granting asylum to persons wanted by Interpol, as well as the attitude of international organizations to the problem under consideration. These provisions will positively affect the protection of the rights and legitimate interests of victims of criminal encroachments, the implementation of the principle of inevitability of punishment. Conclusions are made about the importance of the Russian Federation’s efforts to overcome the existing problems of finding persons who evade criminal responsibility and punishment, and who have received refugee status in foreign countries.

scholarly journals The place and role of official observers from foreign states and international organizations in elections: the experience of Ukraine and foreign countries

2021 ◽  
pp. 70-82
Author(s):  
O.V. Martselyak ◽  
M.O. Martselyak
Keyword(s):  
International Organizations ◽  
Legal Status ◽  
Legal Regulation ◽  
Electoral Process ◽  
Public Authorities ◽  
Foreign Countries ◽  
Election Process ◽  
Election Monitoring ◽  
The Status ◽  
State And Local

The article states that formation of representative state and local self-governmental authorities is an important stage of state formation. And the legitimacy of both their conduct and the representative public authorities in Ukraine depends on the extent to which it will be carried out within the framework of the election legislation and the extent to which the domestic legislator will provide anti-fraud factors and safeguards against mass violations of various elections.             National and foreign practice proves that the institution of election monitoring that is represented by various observers who contribute to the conduct of election campaigns on a democratic basis in accordance with the electoral standards developed by the international community, is rather effective in this respect.             In Ukraine, the status of official observers is granted to: 1) official observers from candidates, parties (organizations of parties) - subjects of the election process, 2) official observers from public organizations which are duly authorized to have official observers in the relevant elections, 3) official observers from foreign states and international organizations who can observe the election process.             The Electoral Code of Ukraine defines the status of official observers differently, in particular, official observers from foreign states and international organizations are not recognized as subjects of the election process. However, this does not diminish their role in monitoring the electoral process in Ukraine by the legality of the actions of its subjects. The introduction of the institution of official observers from foreign states and international organizations is seen as expression of trust between states and as evidence of the intention of these countries and international organizations to contribute to the democratization of the electoral process in the world.              The paper reveals the legal nature of official observers from foreign states and international organizations, highlights the standards of legal status of official observers from foreign states and international organizations developed by international organizations, considers national and foreign experience of legal regulation of their status and substantiates provisions on necessity for improvement of national electoral legislation on this basis.

scholarly journals Legal Regulation Of Private Law Aspects Of Water Use By Owners And Users Of Neighboring Land

2019 ◽  
pp. 132-144
Author(s):  
I.V. Myronenko
Keyword(s):  
Water Resources ◽  
Water Use ◽  
General Rule ◽  
Legal Regulation ◽  
Legal Documents ◽  
Land Owners ◽  
Foreign Countries ◽  
Natural Movement ◽  
Legitimate Interests ◽  
The Republic

The article is devoted to some questions of the legal legal regulation of neighborhood relations related to the use of water to meet the needs of owners and users of neighboring land. The regulation of this relationship has historically been an inseparable part of neighbour law. Regulations of this kind were contained in many historically significant Ukrainian legal documents (in particular, various editions of the Lithuanian Statutes, the Rights of the Little Russian People (1743), and others). Currently, the regulation of the use of water resources mainly comes under the sphere of public law. Consequently, the current Land Code of Ukraine does not contain regulations of this kind. Nevertheless, a study of international legislation and regulation policies on neighbourly relations emphasizes the necessity to legislate on the private aspects of neighbourly water use. In particular, such provisions include the laws of the Republic of Moldova, Georgia, Republic of Azerbaijan and some other post-soviet states. The findings of the study has made it possible to formulate the proposals aimed at improving the current legislation on this issue. They are based on a general rule forbidding to alter the natural movement (flow) of water, if it violates the rights and legitimate interests of owners or land users of neighboring land. The artificial movement (flow) of water, caused by the activity of land owners or land users, is proposed to regulate by contract by establishing land easements (discharge of water to a neighboring land plot, their redistribution between neighbors, etc.). Regulating water-related relationships to meet the needs of owners or land users of neighboring land has historically been an integral part of «neighborhood law». Nowadays, the legal regulation of the relationship regarding the use of water resources has shifted to the sphere of public legal regulation. Nevertheless, the study of the laws of foreign countries and the practice of regulating good neighborly relations indicate the need for legal regulation of private aspects of neighborhood water use. They are mainly related to the prohibition of altering the natural movement of water if it violates the rights and legitimate interests of owners and owners of neighboring properties.

scholarly journals THE IMPLEMENTATION OF THE ADVERSARIAL PRINCIPLE AT THE PRE-TRIAL STAGES OF CRIMINAL PROCEEDINGS IN THE RUSSIAN FEDERATION AND IN FOREIGN COUNTRIES

2020 ◽  
Vol 16 (3) ◽  
pp. 108-119
Author(s):  
Ирина Попова ◽  
Анастасия Иванова
Keyword(s):  
Practical Interest ◽  
Legal Regulation ◽  
Regulation Mechanism ◽  
Criminal Proceedings ◽  
Scientific Methods ◽  
Foreign Countries ◽  
The Social ◽  
Criminal Procedure Law ◽  
Legitimate Interests ◽  
General Scientific

To achieve the purpose of criminal proceedings, law enforcers must have an arsenal of procedural tools in order to ensure the operation of the legal regulation mechanism. The system of principles of criminal proceedings, serving as the basis for the effective operation of the norms of criminal procedure law, includes the adversarial principle. The implementation of this principle has a number of features in pre-trial proceedings. In this aspect, a comparative study of the adversarial principle in national criminal proceedings and in foreign criminal proceedings is of both scientific and practical interest. Purpose: analysis of the adversarial principle at the pre-trial stages in national and foreign criminal proceedings, as an element of the legal regulation mechanism. Methods: dialectic methods as a general scientific method of cognition, as well as specific scientific methods: interpretation method, comparative legal, technical legal, formal logical in their various combinations. Results: the study reveals that the adversarial principle operates in various types of criminal process in the mechanism of legal regulation of Russia and foreign countries. To achieve the social purpose of criminal proceedings, which provides for the protection of rights and legitimate interests, the adversarial principle must be implemented, including at the pre-trial stages of criminal proceedings.

scholarly journals On Understanding of Digital Financial Assets

2021 ◽  
Vol 2 ◽  
pp. 40-44
Author(s):  
Yulia K. Tsaregradskaya ◽  
Keyword(s):  
Legal Regulation ◽  
Practical Significance ◽  
Financial Assets ◽  
Legal Practice ◽  
Educational Materials ◽  
Scientific Methods ◽  
Existing Problems ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
General Scientific

Purpose. In the context of the development of digital technologies, the issue of the existence and legal regulation of digital of financial assets is being updated. In modern legal practice, there is no uniformity in the terminology of these relations, so it is especially important to consider the possibility of using different terms from digital currency to digital rights. The article analyzes various approaches to defining the concept of cryptocurrency offered by specialists working not only in the field of law, but also in economics, since it is important to consider the possibility of reflecting digital assets in accounting. In the course of the research, both General scientific and private scientific methods were used: scientific abstraction, system, logical, analysis and synthesis, comparative legal and formal legal. Conclusions are made that: 1) as a result of numerous discussions about the legal regulation of digital of financial assets, the state has decided on the terminology in these relations; 2) according to the author, the most successful term is the concept of “digital financial assets”, since the term “asset” is used in russian legislation, in particular investment and tax; 3) russian legal practice has used the experience of foreign countries when making changes to existing legislation, in particular in civil, expanding the list of objects of civil legal relations. Scientific and practical significance. This research allows us to critically understand the existing problems of cryptocurrency regulation, as well as contributes to the development of theoretical directions on this topic and the creation of educational materials dedicated to the digital economy.

scholarly journals Criminal infraction as a mean of differentiating criminal responsibility and punishment

2021 ◽  
Vol 2 (12) ◽  
pp. 62-67
Author(s):  
E. A. BABAYANTS ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Code ◽  
Criminal Offense ◽  
Foreign Countries ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Criminal Legislation

Discussions caused by the initiative of the Supreme Court of the Russian Federation on the introduction of a new category of offenses – criminal infraction which can occupy an intermediate link between an administrative offense and a criminal offense – do not stop. The article reveals the concept of a criminal infraction, lists its main features, considers the feasibility of introducing this category into domestic criminal legislation. A brief analysis of the legislation of a number of foreign countries is also given, the possibility of applying such experience in Russian conditions is assessed. The conclusion is formulated that it is necessary to recognize as fair the arguments challenging the necessity of adopting the draft law in the form in which it was submitted for consideration by the Supreme Court of the Russian Federation. Attention is drawn to the fact that in those countries where the category of criminal offense was introduced, a fundamental reform of the criminal legislation was required: a total revision of the norms of the existing criminal legislation or the adoption of a separate Code of criminal infractions (for example, in Kyrgyzstan). Based on this the draft law under consideration appears to be a half-measure, which will lead to the complication of the existing legal regulation. The most correct way to resolve the problem under consideration would be to reduce the number of minor offenses in the Criminal Code of the Russian Federation

scholarly journals LEGAL REGULATION OF INTERNATIONAL COOPERATION OF THE RUSSIAN FEDERATION WITH FOREIGN COUNTRIES IN THE FIELD OF PHYSICAL EDUCATION AND SPORTS

2020 ◽  
pp. 96-102
Author(s):  
E.Y. Kovalenko ◽  
O.A. Shavandina
Keyword(s):  
International Law ◽  
International Cooperation ◽  
Russian Federation ◽  
International Organizations ◽  
Legal Framework ◽  
Legal Regulation ◽  
Physical Culture ◽  
Foreign Countries ◽  
The Russian Federation ◽  
Powerful Incentive

The article studies the national and international legal framework for regulating relations in thefield of physical culture and sports. It has been established that studying and taking into account positiveforeign experience in effectively regulating relations arising in the field of physical culture and sports, forimproving the norms of national sports law, including for codifying the sports legislation of Russia, is oneof the important reasons for the development of international cooperation of the Russian Federation withforeign countries. Another important reason is the need to harmonize and unify the national legislation ofRussia in the field of physical culture and sports with international law. The development of international cooperation between Russia and foreign countries and international organizations in the direction ofensuring national security is especially relevant in the context of exerting pressure on Russian athletes in thepast decade at sports competitions and events of various levels. It is concluded that Russia needs to developall areas of international cooperation, since physical culture and sport at the national and internationallevels is an important tool for ensuring the sustainable socio-economic development of countries, a tool forpersonal development of a person, a tool for intercultural, partnership and friendly development of interstatecommunication and serves as a powerful incentive to increase the competitiveness of each country in thecontext of globalization.

scholarly journals ADMINISTRATIVE AND LEGAL REGULATION OF THE ADMINISTRATIVE DETENTION OF OFFENDERS FOR COMMITTING DOMESTIC VIOLENCE: FOREIGN EXPERIENCE AND NATIONAL PRACTICE

2021 ◽  
Vol 76 (3) ◽  
pp. 101-107
Author(s):  
Olha Merdova ◽  
◽  
Ivan Khozlu ◽  
Marуna Shulga ◽  
◽  
...  
Keyword(s):  
Domestic Violence ◽  
Criminal Responsibility ◽  
Extended Period ◽  
Legal Regulation ◽  
Domestic Relations ◽  
Foreign Countries ◽  
Illegal Acts ◽  
The Republic ◽  
National Practice ◽  
Administrative Detention

The article is devoted to the analysis of administrative and legal regulation of administrative detention of offenders for committing domestic violence in some foreign countries. The author found that in most foreign countries there is no institution of administrative detention, due to the lack of division of criminal and administrative offenses, and detention of offenders for domestic violence is carried out within the implementation of the institute of criminal responsibility. The experience of such countries as Estonia, the Republic of Azerbaijan, the Republic of Belarus, the Republic of Kazakhstan, the Republic of Moldova, the Republic of Tajikistan, the Republic of Turkmenistan, the Republic of Uzbekistan, where the institution of administrative detention is legally established, has been studied. It was found that not in all of the countries we analyzed, administrative tort law contains a special offense that establishes administrative liability for domestic violence, quite often illegal acts covered by the concept of «domestic violence» are classified under other rules related to the task of harm to health or insults in the field of family and domestic relations. The legislative regulation of administrative detention, its grounds and terms are analyzed. It is emphasized that administrative detention for domestic violence is common in many countries, its terms vary from 3 hours to 72 hours, and one of the reasons for establishing an extended period of administrative detention is the presence in the sanction of an article qualifying the act, a penalty of administrative arrest. The conclusion on expediency of fixing of special term of administrative detention for commission of the administrative offense provided by Article 173-2 of the Code of Ukraine on Administrative Offenses, increasing it to three days, which will actually implement the purpose of this measure to ensure the proceedings – the cessation of domestic violence.

scholarly journals Limited Proprietary Rights to Residential Premises in Russian and Foreign Civil Law

Lex Russica ◽  
2021 ◽  
pp. 16-26
Author(s):  
D. D. Klimanova
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Real Right ◽  
Existing Problems ◽  
Legal Structure ◽  
Natural Person ◽  
Foreign Countries ◽  
Personal Needs ◽  
The Right

The right to housing is important and universally recognized. In foreign countries, in order to ensure the realization of the right to housing, in addition to the right of ownership, other limited proprietary rights are provided granting citizens with the right to own and use residential premises. The paper considers the limited proprietary rights to residential premises in France, Italy, Germany, Switzerland, Austria and Russia. It is established that the legislation of the abovementioned foreign countries enshrines real rights to use the residential premise, which, being a kind of usufruct (personal servitude), possesses specific features. They are facility feature (which includes residential premises), the authorized entity (which allows for a natural person) only, as well as the purposive character (this sets the right to stay in the residential premises for personal needs and the needs of his family).   In Russia, there are problems of legal regulation of relations between the use of residential premises by members of the owner’s family and former members of the owner’s family who gave consent to privatization, which cause difficulties in practice and numerous disputes in the doctrine. The outcomes of the analysis of the proposed changes in civil and housing legislation make it possible to conclude that the discussed innovations are not able to solve the existing problems and contradictions.The author proposes to consolidate in civil legislation such a limited real right as the right to use residential premises, which is a kind of usufruct, which will combine all existing real rights to residential premises. The legal structure of the right to use residential premises is formulated, its content, the grounds for its occurrence and termination are set out.

scholarly journals IMPACT OF PANDEMIC COVID-19 ON THE LEGAL REGULATION OF WORLD TRADE ACTIVITY USING THE EXAMPLE OF THE MEDICAL SUPPLIES

2020 ◽  
Vol 73 (7) ◽  
pp. 1521-1527
Author(s):  
Farouq Ahmad Faleh Alazzam ◽  
Ali Jabbar Saleh ◽  
Khaled Khalaf Abed Rabbo Aldrou
Keyword(s):  
International Trade ◽  
International Development ◽  
International Organizations ◽  
World Trade ◽  
Legal Regulation ◽  
Medical Supplies ◽  
Foreign Countries ◽  
Life Saving ◽  
Development Goals

The aim of the article is a theoretical and methodological justification for strengthening the role of international trade in medicines and equipment during the COVID-19 pandemic, to establish the benefits of free trade, to develop important international trade policy priorities in this field. Materials and methods: Legislation of foreign countries and international organizations, statistical data published by international organizations are the materials of the research. Methods of analysis, synthesis, generalization were applied during the research. Conclusions: It has been proved that the legal regulation of world trade activity by medical supplies are increasingly playing more important roles in the implementation of international development goals. The authors have offered three priorities to all countries: to cooperate globally around the deployment of life-saving medical supplies, publicly commit all countries not to implement export bans or limits on relevant medical supplies; to control all trade measures countries have taken in response to the COVID-19 outbreak; to bring together in a global form measures and procedures to eliminate this phenomenon.

scholarly journals PROBLEMS OF LEGAL REGULATION OF ACTIVITIES OF HUMANITARIAN ORGANIZATIONS IN UKRAINE

2019 ◽  
pp. 144-149
Author(s):  
D.A. Repin
Keyword(s):  
Armed Conflict ◽  
Criminal Responsibility ◽  
Humanitarian Aid ◽  
Legal Regulation ◽  
Criminal Code ◽  
Complex Problem ◽  
Humanitarian Assistance ◽  
For Profit ◽  
Existing Problems ◽  
Humanitarian Organizations

The article is devoted to an actual topic about the problems of legal regulation of the activities of humanitarian organizations in Ukraine, because of the armed conflict in the east of Ukraine the activities of humanitarian organizations providing assistance to the affected population as a result of hostilities have intensified. At the same time, due to such activation, abuse of this assistance has become more widespread, which results in the use of this assistance not for the intended purpose or for profit. Therefore, with the help of this study, the authors are trying to answer the difficult question of solving this complex problem. This study seeks to address the complexities and shortcomings of humanitarian assistance. Resolving these issues will make the work of humanitarian organizations more effective and transparent, which will be beneficial to both donors and the state, as well as to those who need this aid. The authors also explored the international experience of regulating the work of humanitarian organizations in other countries, such as Finland, Ireland, the United Kingdom, and others. The authors drew attention to the rather widespread problems arising in the territories of armed conflict: disproportionate provision of humanitarian aid, “humanitarian needle”, “humanitarian tourism”; as well as drawing attention to the strengthening of the occurrence of administrative and criminal responsibility in accordance with the norms required by modern Ukrainian legislation. The authors have provided some ways of solving existing problems: amendments to the Law of Ukraine “About Humanitarian Aid”, the Criminal Code of Ukraine, the Code of Ukraine on Administrative Offenses, updating of the existing database of international financial assistance. Keywords: humanitarian aid, humanitarian organizations, armed conflict, donor, recipient, acquirer.

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