scholarly journals THE CONCEPT OF "BEST INTEREST OF THE CHILD" IN INTERNATIONAL

2021 ◽  
pp. 113-119
Author(s):  
V. V. Dorina
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Social Relations ◽  
Best Interest ◽  
National Legislation ◽  
Enforcement Officer ◽  
Law Enforcement Officer ◽  
The Law ◽  
The Republic ◽  
Definition Of

The article examines the problem of defining the concept of "child's interest" in international and national law. Examples of different approaches to the definition of the "child's interest" in international acts, regulatory legal acts of the Republic of Belarus are given. The approaches of researchers to the question of defining the concept of "child's interest" are analyzed. It is concluded that, by defining the child's interest as the best, international law leaves freedom of interpretation to the law enforcement officer. In turn, in the national legislation, the child's interest is interpreted on the basis of the criterion of legality, which limits the interpretation of the "child's interest", does not meet modern conditions with rapidly developing social relations, which do not always have time to be reflected at the legislative level.

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 Public Policy Interests and Algorithm for Determining the Law Applicable to Private Law Relations Complicated by a Foreign Element

2021 ◽  
Vol 16 (4) ◽  
pp. 184-192
Author(s):  
A. A. Shulakov
Keyword(s):  
Public Policy ◽  
Law Enforcement ◽  
Public Order ◽  
Private Law ◽  
Law And Order ◽  
Applicable Law ◽  
Cross Border ◽  
Enforcement Officer ◽  
Law Enforcement Officer ◽  
The Law

The study contains a step-by-step algorithm for determining the law applicable to private cross-border legal relations. The algorithm is developed based on legislation, law enforcement practice and doctrine. The initial rule of the sequential execution of the stages (steps) of the algorithm is a mechanism in which the determination of the law applicable to the legal relationship at one of the stages excludes the subsequent stages of the algorithm. Public policy interests dictate the rules for determining the law to be applied to private law relations complicated by a foreign element. The establishment by the legislator and law enforcement officer of the closest connection between the interests of conflicting public orders (legal orders) with elements of cross-border legal relations is the basis for the process regulation in the Russian Federation. At the first, second and third stages of the algorithm, the interests of the domestic public order (law and order) dominate. At the fourth stage of the algorithm, public interests in the part not regulated by super imperative norms are correlated with the agreement of the parties on the choice of the applicable law. At the fifth — eighth stages of the algorithm, the law enforcement officer is guided by the rules established by the legislator taking into account the interests of public orders that are conflicting in cross-border legal relations. At the last, ninth stage of the algorithm, the applicable law is established by the judge based on the closest connection between the interests of public order (law and order) with elements of crossborder legal relations.

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