scholarly journals THE ABSENCE OF UNFIED ORDER OF INTERNATIONAL CONCILIATION AGREEMENTS ENFORCEMENT

Author(s):  
D. Zalesskiy

This article analyzes the problem of absence on international level enough legal regulation for unobstructed enforcement of international conciliation agreements, concluded in mediation, as well as contains the possible way of solving the problem through adjustment of domestic law with international framework.

Author(s):  
A. I. Antonov

The publication is devoted to legal issues and prospects of banning weapons in outer space. The international legal basis currently existing in this field governs only certain aspects of use of outer space for military purposes, and it is obviously not enough to prevent the emergence of weapons in outer space. Attempts on the international level in recent years to put legal provisions in place that would establish barriers to an arms race in outer space so far have not been successful. The time is ripe to implement initiatives contributing to the institutionalization of verification activities on non-weaponization of outer space


Author(s):  
Vladimir Đurić ◽  
Nevenko Vranješ

It is the purpose of this paper to highlight the relation between official toponymy in comparative and domestic law. Toponymy is legally regulated. After the analyzing of the position of official toponymy in the comparative law, selected legal aspects of its regulation in the Bosnia and Herzegovina and the Republic of Srpska legal systems are presented: the constitutional regulation of the names of country, constitutive unites and capitals, the constitutional and law regulation of the official use of language and script, the legal regulation of the local-self-government unit names and official place names, as well as the administrative procedure of the place names change.


Author(s):  
Paul Craig

This chapter assesses the ratification of the Withdrawal Agreement by clarifying the means by which the UK and the EU gave effect to the exit treaty. It begins by looking at the ratification and legal implementation from the UK legal perspective. The UK is a dualist country as regards the relation between treaties and UK law. A treaty may therefore bind the UK at the international level, but will have no effect in UK domestic law unless and until it is ratified and incorporated into UK law via statute. The chapter sets out the foundational principles concerning dualism and explains the process through which the UK implemented the Withdrawal Agreement so as to satisfy the dualist precept. It also considers the interconnection between the EU Withdrawal Act 2018 and the EU Withdrawal Agreement Act 2020. The chapter then examines the ratification and its legal consequences from the EU perspective.


2019 ◽  
Vol 9 (5) ◽  
pp. 1591
Author(s):  
Aksunkar I. BIRMANOVA ◽  
Galym KOZHAKHMETOV ◽  
Maira Sh. KAKIMOVA

Modern globalization processes cause the transformation of the substantive aspect of human rights, which requires their scientific substantiation. The article is devoted to the theoretical and methodological analysis of cultural human rights, as well as the problems of their realization in the modern world under the influence of socio-economic, political and spiritual modifications. As a result of the study, the axiological importance of implementation of person’s cultural rights has been proved and the interrelation with other, no less important, human rights has been shown; factors of an objective and subjective nature that impede the protection and realization of cultural human rights are established. The comparative legal analysis of constitutional propositions, national laws and international legal acts in the sphere of recognition and realization of cultural rights made it possible to reveal the reform trends in their legal regulation in the democratic states of the world. Given the lack of a unified doctrinal paradigm of understanding cultural rights, the adoption of a universal strategic international legal act aimed at promoting the realization of cultural human rights in the modern world – the ‘International Action Plan for Developing an Effective Mechanism for the Implementation of Cultural Human Rights in the age of Globalization’ was proposed at the international level.


2015 ◽  
Vol 3 (6) ◽  
pp. 0-0
Author(s):  
Татьяна Шуберт ◽  
Tatyana Shubert

The article examines the ECHR legal nature and types of its decisions, analyzes the activities of the Government of the Russian Federation and the RF Ministry of Justice on the implementation of the European Court of Human Rights’ judgments. The author notes the role of the Plenum of the Supreme Court of the Russian Federation in ensuring uniform application of the Convention and Protocols thereto, ratified by the Russian Federation, by the courts of general jurisdiction. The author analyzes reasons for slow and incomplete implementation of the ECHR decisions, and comes up with the measures for their implementation. The article discusses peculiarities of the execution of the ECHR judgments in the Russian Federation: mechanistic execution of the decisions, lack of a systematic approach to the legislation analysis, absence of identification of causes for non-compliance of the regulations with the Convention on Rights of Man and Citizen, lack of coordination between bodies executing the ECHR decisions, inadequate budgetary procedures and lack of funds. The author proposes to analyze structural and general deficiencies in the national law and practice with regard to the ECHR decisions; provides recommendations to improve the mechanism for the judicial decisions’ implementation; determines lines of development for legal regulation of relations in the field of ECHR judgments’ implementation in the Russian legislation.


2015 ◽  
Vol 3 (3) ◽  
pp. 112-116
Author(s):  
Александр Демин ◽  
Alyeksandr Dyemin

Initially, the concept of «soft law», its development, the accumulation of empirical data collation and analysis were carried out as part of the science of international law. The turning point is that «soft law» issue is no more limited by international level. Of course, the «soft law» phenomenon has actually not been explored to the same extent at the level of domestic law systems, than as it has been in the international law. At the same time, it seems profitable to use the «soft law» concept in relation to those various instruments that have a domestic character, which are not formally part of the official source system of law, but which are important for law-making and law enforcement.


2020 ◽  
Vol 11 (11) ◽  
pp. 107-110
Author(s):  
Kleshchenko N.O.

The article examines the theoretical aspect of unification and its impact on the effectiveness of legislation. It is noted that regardless of the place of creation, the legislative process has always been and remains a difficult task, the solution of which requires a comprehensive approach. Unification is studied from a philological and legal point of view. It is emphasized that unification has been actively studied with the development of international organizations, and is an effective way to regulate legislation and integration into the international legal space, as expressed in the joint cooperation of different countries through the adoption of similar legal acts. It is now widespread in the legal systems of countries such as Denmark, Sweden, Finland, where maritime, trade, contractual, binding legislation, etc. are unified. Unification directly affects the quality of legislation, as well as contributes to the convergence of legal systems. In general, it can be described as a way of converging legal systems by forming a uniform legal regulation within the relevant legal space. The points of view of legal scholars on the definition of the concept of unification of legislation are considered. Unification is characterized as a process of streamlining legislation in order to uniformly regulate social relations in different legal systems. Emphasis is placed on the mandatory implementation of unified norms in the domestic law of the state. Key words: unification of legislation, legal regulation, implementation, system of legislation.


Author(s):  
Alessandro Mario Amoroso

Abstract Domestic law, case law and policies play a decisive yet underestimated role in ensuring that partnered operations are carried out in compliance with international law. Research on the legal framework of partnered operations has so far focused on clarifying existing and emerging obligations at the international level. Less attention has been devoted to understanding whether and how domestic legal systems integrate international law into national decision-making which governs the planning, execution and assessment of partnered operations. This article tries to fill the gap by focusing on the practice of selected States (the United States, the United Kingdom, Denmark, Germany and Italy), chosen for their recent or current involvement in partnered operations. By using the International Committee of the Red Cross's “support relationships” framework and based on a comparative analysis of practice, the study seeks to evaluate the effectiveness of national laws, case law and policies according to their ability to prevent or mitigate the risk of humanitarian consequences posed by partnered warfare.


Author(s):  
Olga Elchaninova

Объектом исследования является наказание как государственно-правовой институт. Предметом исследования выступают правовые нормы, регламентирующие порядок расторжения брака с лицами, отбывающими наказание в виде ссылки в дореволюционной России. Методологическую основу исследования составили диалектический подход, метод историзма, методы формальной логики (анализ, синтез, индукция, дедукция). Формально-догматический подход позволил автору показать дореволюционное право как социокультурный феномен и оценить его как систему правовых установлений, методов правового регулирования сферы семейно-брачных отношений на рубеже XIX-XX вв. В работе показано, что в рассматриваемый период для лиц православного и иного вероисповедания были установлены следующие основания для расторжения брака: 1) при доказанности супружеской измены одной из сторон; 2) при неспособности одного из супругов к зачатию детей; 3) при безвестном отсутствии супруга; 4) при осуждении к уголовному наказанию. Автором отмечается, что выделение в качестве условия для расторжения брака привлечение одного из супругов к уголовной ответственности и его осуждение явилось важным нововведением в отечественном праве. Семейное право пополнилось новеллами, отражающими изменившийся подход законодателя относительно случаев, если фактически брак не существует, то и юридически он тоже должен быть прекращен.The object of research is punishment as a state legal institution. The subject of the study is the legal norms governing the procedure for divorce of persons serving sentences in the form of exile in pre-revolutionary Russia. The methodological basis of the study was the dialectical approach, the method of historicism, methods of formal logic (analysis, synthesis, induction, deduction). The formal-dogmatic approach allowed the author to show pre-revolutionary law as a sociocultural phenomenon and evaluate it as a system of legal institutions, methods of legal regulation of the sphere of family and marriage relations at the turn of the XIX-XX centuries. The work shows that during the period under review for persons of Orthodox and other faiths, the following grounds were established for divorce: 1) when proving adultery of one of the parties; 2) if one of the spouses is unable to conceive children; 3) in the absence of a spouse; 4) upon conviction of criminal punishment. The author notes that the selection as a condition for divorce of a criminal prosecution of one of the spouses and his conviction was an important innovation in domestic law. Family law was supplemented by short stories reflecting the changed approach of the legislator regarding cases where the actual marriage does not exist, then it must also be legally terminated.


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