scholarly journals FEATURES OF THE QUALIFICATION OF UNFAIR COMPETITION EXPRESSED IN THE FORM OF ILLEGAL ACTIONS REGARDING PROTECTED INFORMATION

2021 ◽  
pp. 100-103
Author(s):  
A. S. Valevko
Keyword(s):  
Scientific Literature ◽  
Unfair Competition ◽  
Legal Analysis ◽  
Legal Norms ◽  
Disclosure Of Information ◽  
Legal Regimes ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
Definition Of Information

The article deals with the characteristics of one of the forms of unfair competition associated with the illegal receipt, use, disclosure of information prohibited by article 30 оf the law of the Republic of Belarus "On countering monopolistic activities and development of competition". Based on the legal analysis of the legal norms of the antimonopoly legislation and scientific literature, the author reveals the signs and conditions of disorganization of the competitor's activities committed by illegal dissemination of commercial or official secrets. The author analyzes the definition of" information", signs of commercial and official secrets and the legal regimes established in relation to them. The circumstances and elements of the offense are important for the requirements of an administrative offense under Article 13.33 "Unfair Competition" of the Code of the Republic of Belarus on Administrative Offenses, expressed in the form of actions in relation to protected information, are considered. 

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

scholarly journals Codification of international law: theoretical aspects

2021 ◽  
pp. 312-318
Author(s):  
R.D. Saray ◽  
S.S. Kalinyuk ◽  
D.Yu. Tymkiv
Keyword(s):  
International Law ◽  
Legal Regulation ◽  
Legal Analysis ◽  
International Treaties ◽  
Legal Norms ◽  
Progressive Development ◽  
Main Form ◽  
Rights Of The Child ◽  
The Law ◽  
Definition Of

The effectiveness of law, as a system of legal norms and principles, largely depends on the level of organization of the latter. The criterion for assessing this condition is the level of systematization of legal norms. International law is no exception in this regard and the systematization of international legal norms directly affects its effectiveness. The article is devoted to the analysis of the issue of systematization of international legal acts and norms, the main form of which is their codification. First of all, the definition of systematization of rule norms in international law is revealed. It is determined that at the international legal level the main form of systematization of legal norms is their codification. It has been studied that it is the codification of the norms of international law that makes it possible to achieve the main goal of systematization, namely to adopt a single codified international legal document in order to comprehensively regulate a certain branch of international law.             Particular attention in the article is paid to the codification functions, which are designed to ensure the integrity of the international legal system, to unify its norms in order to obtain a balanced approach to the legal regulation of the same types of concepts in different legal systems.             Theorist-legal analysis of the separation in international law of such concepts as codification, incorporation and consolidation is carried out.             The article also focuses on determining the place and role of the UN Commission on Progressive Development and Codification of International Law. Morewhere, this UN structural unit is essentially the only universal institution right to formally codify international legal norms. And the results of the activities of the UN Commission on International Law are embodied in the adoption of international conventions under the auspices of the United Nations (Convention on the Law of International Treaties, Convention on the Law of the Sea, Convention on Diplomatic Relations, Convention on the Rights of the Child, etc.).             The article concludes with a brief conclusion, which justifies the importance of further work in the direction of codification of international law.

scholarly journals Problems of defining legal concepts in laws and other normative legal acts

Legal Ukraine ◽  
2020 ◽  
pp. 30-41
Author(s):  
Volodymyr Klochkov
Keyword(s):  
The State ◽  
Legal Concept ◽  
Legal Norms ◽  
Legal Nature ◽  
State And Society ◽  
Word Representation ◽  
The Law ◽  
Definition Of ◽  
Legal Concepts ◽  
Laws And Regulations

Each legal concept has not only content (content), but also a form. The form requires compliance with the rules for the definition and construction of concepts. Improving legal terminology is impossible without deep development and observance of the rules of analysis and the precise construction of the conceptual apparatus. Gaps in legislation and regulations are derived from inaccuracy, lack of clarity and simplicity of conceptual constructions. The inconsistency of certain legal norms found in various laws and regulatory legal acts, the inconsistency of norms with the prevailing realities of legal life in the state and society impede the fulfillment by state authorities, including law enforcement, of their functional responsibilities. Mistakes made in the preparation of draft laws and regulations, methodological recommendations mainly boil down to the violation of the requirements of the unified laws of logic: the law of identity, the law of contradiction, the law of the excluded third and the law of sufficient reason. The use of inappropriate terminology causes complications in the application of legal norms. The Constitution of Ukraine assigns to the prosecutor the function of representing the interests of a citizen or state in court in cases specified by law. The term representation is not exactly chosen. The word "representation" means: the performance of the duties of a representative; an institution representing the interests of someone; elections, as well as the law, the procedure for the election of representatives to any bodies; representation is a legal relationship in which one party (representative) is obligated or entitled to make a transaction on behalf of the other party that it represents; representation means activity on behalf of someone, on behalf of a person. By its legal nature, a representative can only be authorized for transactions that the person he represents is entitled to carry out. The representation of the prosecutor's office in court is specific, since this body does not need instructions, contracts or other documents. The prosecutor or his deputy should act not on behalf of someone, but on behalf of the state in favor of the person and citizen, state or society, within the limits established by law. In the legislation there is a conflict (conflict) in the law regarding the term «representation». To eliminate such a conflict, it is necessary to amend the Law of Ukraine «On the Prosecutor's Office». Key words: definition of concepts, laws and regulations, accuracy, clarity, brevity of terms.

scholarly journals Peculiarities of legal regulation of activities of the National Police of Ukraine in the field of ensuring information security in Ukraine

2020 ◽  
Vol 79 (4) ◽  
pp. 32-38
Author(s):  
І. Д. Казанчук ◽  
В. П. Яценко
Keyword(s):  
Information Security ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Legal Principles ◽  
Cyber Threats ◽  
Current State ◽  
Effective System ◽  
Definition Of ◽  
Definition Of Information ◽  
National Police

Based on the analysis of scientific concepts and legal principles the author has provided the definition of information security, provision of information security in Ukraine and has characterized its components. The current state of legal regulation of the organization and activity of cyberpolice units of the National Police of Ukraine has been analyzed. Particular attention has been paid to the legal analysis of the tasks, functions and structure of the Cyberpolice Department of the National Police of Ukraine. Special attention has been drawn to certain shortcomings of Ukrainian legislation in the field of ensuring information security by the police, its compliance with the norms and standards of international law. Taking into account the specifics of the tasks, the author has provided characteristics of the functions of cyberpolice units in the information sphere, which should be divided according to the purpose into: 1) basic (external), which are focused on law enforcement and preventive aspects; 2) auxiliary (intrasystem), which are focused on promoting the implementation of basic functions, the introduction of appropriate management mechanisms within the system. It has been stated that the modern system of ensuring information security and cybersecurity in Ukraine should be one effective system, consisting of such mandatory components as legal, educational and technical. It has been concluded that in order to improve the legal principles for the organization and activities of cyberpolice units of the National Police in the field of ensuring information security and counteracting cyber threats, first of all, it is necessary to optimize the organizational structure of cyberpolice, reasonably distribute the functions (powers) between cyberpolice units and other subjects combating cyber threats in Ukraine, to create appropriate conditions for reaching a qualitatively new level of interaction between them and coordination of their activities in the field of ensuring information security in modern conditions.

scholarly journals ОПЕРАЦИЯЛЫҚ ІЗДЕУ ҚЫЗМЕТІНІҢ ЗАҢНАМАЛЫҚ РЕТТЕУЛЕРІН ЖАҚСАРТУ ЖОЛЫМЕН ҚЫЛМЫСҚА ҚАРСЫ КҮРЕС МӘСЕЛЕЛЕРІН ШЕШУ

2021 ◽  
pp. 163-169
Author(s):  
Ахметкали Шаймуханов
Keyword(s):  
Comparative Analysis ◽  
Law Enforcement ◽  
Legal Norms ◽  
Legal Literature ◽  
The Law ◽  
The Republic ◽  
Analysis And Study

В статье рассматриваются и анализируются некоторые положения действующего оперативно-розыскного законодательства Республики Казахстан. На основе сравнительного анализа и изучения юридической литературы поднимаются проблемы, возникающие в правоприменительной деятельности при реализации отдельных положений закона. Автором вносятся предложения и рекомендации по совершенствованию правовых норм, направленные на решение задач, связанных с профилактикой, предупреждением и пресечением наиболее опасных уголовных преступлений. Мақалада Қазақстан Республикасының қолданыстағы жедел-іздестіру заңнамасының кейбір ережелері талқыланып, талданған. Салыстырмалы талдау және заң әдебиеттерін зерттеу негізінде заңның белгілі бір ережелерін жүзеге асыру кезінде құқық қорғау органдарында туындайтын проблемалар көтеріледі. Автор аса қауіпті қылмыстық құқық бұзушылықтардың алдын алуға, алдын алуға және жолын кесуге байланысты мәселелерді шешуге бағытталған құқықтық нормаларды жетілдіру бойынша ұсыныстар мен ұсыныстар енгізеді. The article discusses and analyzes some of the provisions of the current operational-search legislation of the Republic of Kazakhstan. Based on comparative analysis and study of legal literature, the problems arising in law enforcement activities in the implementation of certain provisions of the law are raised. The author makes suggestions and recommendations for improving legal norms aimed at solving problems related to the prevention, prevention and suppression of the most dangerous criminal offences.

Homework under the law

2021 ◽  
Vol LXXXII (2) ◽  
pp. 153-160
Author(s):  
Michał Długosz
Keyword(s):  
Social Problem ◽  
International Agreements ◽  
Legal Norms ◽  
Constitutional State ◽  
The Subject ◽  
The Law ◽  
The Republic

Giving too much complex homework has become a significant social problem and the subject of unsuccessful activities of constitutional state authorities. In light of the Constitution of the Republic of Poland, international agreements that Poland is bound by, as well as domestic regulations, the practice of giving homework to students seems to be unjustified or even to be in breach with numerous legal norms.

UPOREDNI PRIKAZ HRVATSKOG I SLOVENAČKOG PRAVA GRAĐENjA

Glasnik prava ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 35-51
Author(s):  
Edina Kočan
Keyword(s):  
Property Rights ◽  
Legal Systems ◽  
Legal Analysis ◽  
The Third ◽  
Conceptual Definition ◽  
The Subject ◽  
The Republic ◽  
Construction Law ◽  
Definition Of ◽  
The Right

The author presents a comparative legal analysis of the segments of construction law in Croatian and Slovenian law, with the aim of pointing out the differences that exist between them. Considering that this is a relatively new legal institute, which was somewhat earlier standardized in Slovenian law in relation to Croatian law, in the introductory exposition, a brief review was made of the occurrence of the construction law and the reasons for earlier non-regulation. The second part of the paper is dedicated to the stipulations of Act on ownership and Property Code of the Republic of Slovenia. This part refers to the conceptual definition of the construction law, in order to classify it in a certain broader unit, to which it belongs - genus proximum - searching for the closest relative, emphasizing the important characteristics that make it specific in relation to other property rights. In the third part of the paper, the author analyses the stipulations related to the subject of building rights, with reference to the dilemmas that exist in that sense, both in Croatian and Slovenian jurisprudence, as well as in the legal science of some other countries. The fourth part of the paper is dedicated to the stipulations that regulate the acquisition and duration of construction rights. Considering that derivative acquisition, among other things, characterizes the existence of bases and ways of acquisition, first possible bases of acquisition are presented, and then entry in appropriate public books as a way of acquiring this right and its duration. The concluding part of the paper summarizes the results of the analysis and evaluates the considered legal solutions, with the presentation of reasoned objections to the existing regulations, all with the aim of eventual amendment of the right to build in the legal systems in question.

scholarly journals ASPECTS OF INSOLVENCY IN CRIMINAL LAW

2015 ◽  
Vol 3 (72) ◽  
pp. 18
Author(s):  
Ivars Kronis
Keyword(s):  
Criminal Law ◽  
Scientific Literature ◽  
Criminal Liability ◽  
Legal Protection ◽  
Case Law ◽  
Behavior Patterns ◽  
Insolvency Law ◽  
Legal Norms ◽  
The Law ◽  
Insolvency Proceedings

The article contains analysis of the legal norms that govern criminal liability for risks posed to insolvency. Based on case law and conclusions made by the law scholars, the preconditions have been studied the presence of which has to be proven in order to enable calling of a person to criminal account for leading to insolvency, filing of a fraudulent application for insolvency proceedings, hindering the insolvency proceedings and breach of the conditions of legal protection. The study enables deepen understanding of the preconditions to application of the law and helps to gain knowledge of criminal legal protection of insolvency and to avoid any behavior patterns that might be interpreted as criminal. The period since enactment of the new Insolvency Law that has changed the concept of insolvency as well as the course of procedure and therefore has affected the application of criminal legal protection has been too short for development of judiciary in this area. The few sources of scientific literature on the regulation of criminal legal protection of insolvency in the Criminal Law had been published before enactment of the new Insolvency Law. Five years of operation of the Insolvency Law is a kind of milestone for updating the issues of criminal legal protection of insolvency and extended assessment of the insolvency regulations in the Criminal Law.

scholarly journals The right to offset the claims in accordance with the law on bankruptcy of the Republic of Serbia and in the region

2021 ◽  
pp. 119-138
Author(s):  
Vladimir Vrhovšek ◽  
Vladimir Kozar
Keyword(s):  
Bankruptcy Law ◽  
Legal Analysis ◽  
Legal Practice ◽  
Legal Provisions ◽  
Legal Consequence ◽  
The Law ◽  
The Republic ◽  
Business Entities ◽  
The Right ◽  
Legal Compensation

This article discusses a concept of legally permitted and limited offsetting in bankruptcy according to the law of the Republic of Serbia, with comparison to earlier regulations where the offsetting occurred by the force of law, as the legal consequence of initiating bankruptcy proceedings. Legal provisions, legal practice, opinion of the jurisprudence on general and special terms about the right to offset the claims in bankruptcy in the Republic of Serbia, as well as in the countries in the region, have been presented. Relevant legal solutions from laws on bankruptcy of Montenegro, Republic of Srpska, Republic of Croatia, and the Republic of Slovenia have been reviewed. Offsetting claims in bankruptcy proceedings are in principle allowed in regional countries as well. Regarding the effect of bankruptcy on the right to offset the claims, there is a great similarity among the legal solutions in regulations of above mentioned countries, except for the Republic of Slovenia. The Republic of Slovenia retained the broadest concept of legal compensation as a legal consequence of initiating bankruptcy proceedings, which constitutes an important difference compared to restrictive solutions of the Serbian bankruptcy law and regional legislation. This article aims to show to the business entities operating in the region, through comparative legal analysis, different conditions and procedure of offsetting in bankruptcy in national legislation, bearing in mind the importance of this legal institution, which allows the creditors to fully collect their claims outside the bankruptcy payment lines, and regardless of the number of available funds in the bankruptcy estate.

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