scholarly journals ABOUT THE BASIC FUNCTION OF THE COURT IN BELARUS

2021 ◽  
pp. 141-143
Author(s):  
А. Yarmats
Keyword(s):  
Scientific Community ◽  
Legal Regulation ◽  
Basic Function ◽  
Main Function ◽  
Administration Of Justice ◽  
The Republic

The article analyzes the legislation of the Republic of Belarus for the legal regulation of the functions performed by the courts. The positions of the scientific community on this issue are presented. The conclusion is made about the prevalence of the main function for the court - the administration of justice. The modern forms of manifestation of the preventive and educational functions of the court are highlighted. The author's position on the issue of private rulings (rulings) issued by the courts is expressed.

scholarly journals Relevance of determining the jurisdiction of administrative courts in the Republic of Kazakhstan

2020 ◽  
Vol 132 (3) ◽  
pp. 76-84
Author(s):  
K. Balabiev ◽  
Keyword(s):  
Practical Experience ◽  
Legal Regulation ◽  
Foreign Countries ◽  
Independent Form ◽  
Administration Of Justice ◽  
Legal Nature ◽  
Legislative Framework ◽  
Administrative Courts ◽  
The Republic ◽  
Administrative Proceedings

The article considers the essence and content of administrative courts ‘ activities, the legal regulation of the Affairs of a public law nature in the national legislation compared to the legal provision abovementioned Institute in foreign countries, as well as legal support of the competence of the administrative court in the Republic of Kazakhstan according to the law. The paper examines the possibility of applying the practical experience of foreign countries and CIS States, building the legislative framework for the implementation of national procedural legislation by courts in resolving cases of a public legal nature that differ in content, subjective composition and order of consideration. The author presents information describing the positive and negative sides of innovations. In modern realities, there is an increasing need to distinguish the jurisdiction of the administrative court from other courts of the judicial system of the Republic of Kazakhstan, which in turn will contribute to the separation of administrative proceedings as an independent form of administration of justice, as well as the formation of administrative justice.

Electronic Communication in the Paradigm of Interaction of State and Society

2020 ◽  
pp. 11-17
Keyword(s):  
Electronic Communication ◽  
Legal Regulation ◽  
Digital Environment ◽  
Active Involvement ◽  
Communication Law ◽  
State And Society ◽  
Legal Communication ◽  
The Republic ◽  
The Government ◽  
The Right

In recent decades, the phenomenon of mass electronic communication has been studied by various sciences. The right also turned out to be included in a similar discourse. Communication in the digital environment is the reason for the interaction of previously distant segments of society. In modern law, the concept of electronic communication remains in a certain sense debatable, it is often identified with legal communication. At the same time, electronic communication has an additional «dimension». The globalization of the information space encourages legal scholars to study electronic communication as the action and interaction of various actors, based on Internet technologies using web services, portals, blogs, websites, social networks. There is a need for re- levant legal regulation of the informational interaction between the authorities and society in the Republic of Belarus, in connection with which a new «field» is opening up for activities in various areas of law. The meaning of electronic communication is constantly expanding and, depending on the specialization, even varies. For an adequate understanding of electronic communication, law must take into account the tools of other humanities. In contact with the digital environment, legal science is called upon to reformat research tasks to explain the new empirical and theoretical experience associated with the transformation of the paradigm of interaction between the state and society in the network structures. The author comprehends these issues in relation to the conditions of development of e-government in the Republic of Belarus and the need for more active involvement of the public in the government.

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 Features of the implementation of a public offer agreement in e-commerce in Ukrainian, Polish and Russian law

2020 ◽  
Vol 5 (5) ◽  
pp. 133-138
Author(s):  
Oleksandr Kosychenko ◽  
Illia Klinytskyi
Keyword(s):  
Legal Regulation ◽  
Electronic Format ◽  
Optimal Solutions ◽  
Provision Of Services ◽  
The Subject ◽  
The Russian Federation ◽  
Russian Law ◽  
The Republic ◽  
Public Offering ◽  
Public Offer

Given the specifics of the provision of services and sales of goods on the Internet, the contract of public offer is the most common and close to the electronic format of the agreement. However, in Ukraine, the Russian Federation and the Republic of Poland, as in other countries, the use of this type of legal instruments has a number of problems related to the legal regulation and the procedure for concluding an agreement. This paper examines the main aspects of the legal implementation of public offer agreements in the above countries. Thus, the subject of the study is the contract of public offering as a legal phenomenon. The purpose of the work is to determine the main problems of concluding a public offer contract in electronic mode, and to find optimal solutions in the context of the stated issues, based on the legislation and practice of selected countries

scholarly journals Historical aspects of development of the institution of legal assistance between states in criminal matters in the Republic of Azerbaijan

2021 ◽  
pp. 48-60
Author(s):  
Matanat Pasha Askerova
Keyword(s):  
Intergovernmental Relations ◽  
Legal Assistance ◽  
Criminal Proceedings ◽  
Mutual Legal Assistance ◽  
Legal Proceedings ◽  
Bilateral Agreements ◽  
Administration Of Justice ◽  
Legislative Framework ◽  
The Republic ◽  
Criminal Matters

The subject of this research is the historical-legal grounds of rendering mutual legal assistance in the Republic of Azerbaijan. Research methodology is comprised of formal-legal, comparative-legal, and historical-legal methods. Normative framework is formed by the Constitution, provisions of the criminal procedure legislation and laws, international acts acceded by the Republic of Azerbaijan, which regulate mutual legal assistance issues. Objective: to develop proposals for improving the Institute of mutual legal Assistance. assistance in criminal matters based on the historical experience in this field. The research results are as follows: mutual legal assistance has evolved from elementary extradition of fugitive serfs, one-time provision of diplomatic assistance to institutionalized legal assistance based on multilateral and bilateral agreements; from the absence of  legislative framework to codification; from inclusion of separate norms on certain aspects of the agreement on friendly relations, peace, cooperation or even submission to conclusion of special bilateral agreements. The acquired results can be implemented in intergovernmental relations regulation of rendering mutual legal assistance in criminal matters. The novelty of this research consists in consideration of legal assistance based on the historical-normative acts of the Republic of Azerbaijan. The following conclusions were made: in some historical periods, legal assistance included such institutions as the presence of state representative of the accused in administration of justice against a foreigner, unconditional extradition of criminals who committed grave crime, stiff punishment of those reluctant to peace, elimination from jurisdiction of certain criminals, transfer of prosecution, etc. can still be currently used to regulate or improve the institution of legal assistance in criminal matters, including reasonable terms for submitting court requests. For example, a reasonable term for criminal proceedings is one of the guarantees of effective legal proceedings, the violation of which also entails an infringement of such a fundamental right to fairness of proceedings.

scholarly journals Environmental protection as a factor of agricultural development in the Republic of Serbia

2020 ◽  
Vol 67 (4) ◽  
pp. 1367-1379
Author(s):  
Vladimir Šebek
Keyword(s):  
Environmental Impact ◽  
Environmental Protection ◽  
Agricultural Development ◽  
Legal Regulation ◽  
Economic Activities ◽  
Research Areas ◽  
Analysis Of Results ◽  
The Republic ◽  
Legal Entities

Public concern about the environmental impact of economic activities has significantly increased around the globe in recent years. Within the scope of unlawful acts, environmental delicts are among the most serious ones in terms of environmental impact, the consequences of which directly affect the quality and development of agriculture as the main branch of economic activity. The issue of environmental protection and liability can be approached from different perspectives, and the focus of the present research will be on the analysis of environmental delicts committed by legal entities, taking into consideration the importance and role of these entities in agriculture. In addition to general assumptions on legal regulation of the liability of legal entities, the authors also presented the results of research on legal entities reported, charged, and convicted for environmental delicts in the Republic of Serbia in the period from 2010 to 2017, with a special emphasis on the analysis of results obtained in the abovementioned research areas for the territory of AP Vojvodina.

scholarly journals MINING AND BUSINESS ACTIVITIES: IN SEARCH OF THE BALANCE

2019 ◽  
pp. 73-82 ◽  
Author(s):  
I. V. Ershova ◽  
E. V. Trofimova
Keyword(s):  
Legal Regulation ◽  
Digital Economy ◽  
State Regulation ◽  
Entrepreneurial Activity ◽  
Advantages And Disadvantages ◽  
Layer Cake ◽  
Blockchain Technology ◽  
Private And Public ◽  
The Republic ◽  
Definition Of

The article reveals the content and outlines approaches to the definition of the legal nature of mining. Attention is drawn to the necessity of legal regulation of this activity, which is predetermined by the Federal Program «Digital Economy of the Russian Federation» — a project that provides for normative regulation of the digital environment. In order to support the mission to eliminate digital illiteracy, which is also envisaged in the National Program, the author elucidates the etymology and meaning of the term «mining» and considers various doctrinal interpretations of this concept. The paper presents such analogies of the blochchain technology as the public ledger, DNA, and a layer-cake for a better understanding of the blockchain technology that is associated with mining. Material-technical and organizational foundations of mining are revealed. The author demonstrates advantages and disadvantages of solo mining, pool mining, and cloud mining. The results of comparative monitoring of the attitude to the recognition of cryptocurrency as a means of payment are presented. Attention is drawn to the liberal legal regulation of blockchain technology and mining under the laws of the Republic of Belarus. The paper determines the stages of a law-making process aimed at legal support of mining in Russia. Based on the results of comparison of concepts of entrepreneurial activity and mining, it is concluded that mining represents one of new types of entrepreneurship brought to life due to the needs of digital economy. The author suggests thatmining participants be recognized as self-employed persons. It is noted that the entrepreneurial nature of mining arises questions concerning measures of its state regulation which is difficult within the framework of the existing paradigm, but should be built on the basis of a balance between private and public interests.

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