scholarly journals Mechanisms of property compensation to victims of crimes: experience of foreign countries

2020 ◽  
pp. 1-14
Author(s):  
Gleb Panfilov
Keyword(s):  
Case Law ◽  
Legal Systems ◽  
Asian Countries ◽  
Legal Research ◽  
Development Trends ◽  
Foreign Experience ◽  
Foreign Countries ◽  
Foreign Law ◽  
The Subject

The subject of this research is the analysis of mechanisms of compensation for property damages causes by commission of a crime that are implemented in foreign legal systems. The object of this research is the texts of normative legal acts, case law materials from a number of European and Asian countries, as well as legal research on the topic. Familiarization with foreign experience of compensation for crime damages can present interest for Russian researchers, and serve as the basis for developing substantiated empirical recommendations on improvements to the system of current Russian legislation. The author determined a number of common development trends of the mechanisms of compensation of damages to the victims of crimes in foreign law. Among these trends are the recognition of the need to strengthen protection of the rights of victims; creation of several alternative mechanisms of compensation for criminal damages, with the choice left to the actual victim; creation of public compensation funds, intended to ensure reparation of the violated rights of citizens in cases where crime was unsolved or property of the criminal was insufficient to fully compensate damages incurred by the victim.

The Effect of Foreign Law on the Law of Israel: Remnants of the Ottoman Period

1975 ◽  
Vol 10 (2) ◽  
pp. 192-206 ◽  
Author(s):  
Daniel Friedmann
Keyword(s):  
Legal System ◽  
Case Law ◽  
Legal Norm ◽  
Legal Systems ◽  
Historical Source ◽  
Foreign Law ◽  
Local Law ◽  
The Law

This series of articles is intended to deal with one aspect of the sources of Israel law, namely the influence of foreign legal systems and principles derived therefrom on Israel law and on the attempt in recent years to independent creation of local law.Foreign law constitutes on occasion an actual legal source for the law of Israel. This occurs when a local enactment refers to foreign law and makes it applicable in certain situations. In such case the foreign law which we are to apply constitutes an obligatory legal norm in Israel and is, in fact, part of the Israel legal system. In other cases foreign law influences the process of creation of local law but does not constitute a formal source of law in the Israel system. This happens, for example, when Israel case law relies for authority upon some rule established in an American decision (which is, of course, not binding in Israel) or when the Israel legislator is influenced by a principle of law derived from another legal system. We might say there that the foreign law is an historical source for the Israel rule.

scholarly journals The Recognition of Professional Qualifi cations in the European Union The Practice of Administration and European Courts – The Ski Instructor Example

2021 ◽  
Vol 25 (2) ◽  
pp. 93-115
Author(s):  
Stanisław Lipiec
Keyword(s):  
European Union ◽  
European Commission ◽  
Case Law ◽  
Recognition System ◽  
The European Union ◽  
Legal Research ◽  
Administrative Practices ◽  
Legislative Proposals ◽  
The Subject ◽  
Cation Recognition

The case of the English ski instructor Simon Butler working in France is the best example of the malfunctioning of the professional-qualifi cationsrecognition system in Europe. The practice of European and national administration as well as the jurisprudence of the CJEU and French courts shows how important and complex the subject of qualifi cation recognition is. A review of administrative practices and an analysis of case law show the positive and negative sides of the EU’s qualifi cation recognition system. The European Commission is carrying out numerous activities aimed at improving said system. The latest solutions make the idea of qualifi cation without borders a reality. The most important task is to examine the changes and legislative proposals of the European Union, analyse the case of Simon Butler and present proposals for changes against the background of activities undertaken throughout the Union. They should be realised through legal research methods and non-reactive social methods.

scholarly journals Foreign law in higher courts practice. The key characteristics of Georgian private international law

2021 ◽  
Vol 11 (special) ◽  
Author(s):  
Tamar MSKHVILIDZE
Keyword(s):  
International Law ◽  
Information Technologies ◽  
Case Law ◽  
Private International Law ◽  
Foreign Countries ◽  
Foreign Law ◽  
Key Characteristics ◽  
Lower Courts ◽  
Modern Information ◽  
Correct Application

This paper aims to investigate the application of foreign law in higher courts practice. The process of determining a foreign law raises practical difficulties, as a judge must apply not just foreign law acts, but also the case law and interpretation with which it is applied in another State. In private international law process the effectiveness of the application of foreign law depends on how correctly and delicately can the higher courts review decisions made by the first instances. In some countries, higher courts have the power to control the correct application or non-application of foreign law by judges, but in some cases, such courts lack this ability. In spite of the development of comparative jurisprudence and modern information technologies, none of the countries’ judge can have a claim on exact knowing of relevant standards of the law of foreign countries. Consequently, the danger of making a mistake is more greater when it comes to interpreting and applying foreign law. Thus, it cannot be expected that the higher court should be able to review interpretation of foreign law acts applied by the lower courts and to provide that this interpretation is relevant to that which the practice of the foreign country would adopt on the same question. There is an opinion that the higher courtsshould refrain from control the wrong application of foreign law in order to guard their own authority, as there is a high risk of misinterpretation of a foreign rule. The different aspects of this problem will be examined in this article.

scholarly journals FEATURES OF LEGAL REGULATION OF COUNTERACTION TO BULLYING AND ITS IMPLEMENTATION IN UKRAINE

2019 ◽  
pp. 118-123
Author(s):  
M.V. Starynskyi ◽  
O.P. Sokolenko
Keyword(s):  
Inclusive Education ◽  
Case Law ◽  
Legal Regulation ◽  
Causal Link ◽  
Educational Process ◽  
European Court ◽  
Foreign Countries ◽  
Foreign Law ◽  
Objective Side ◽  
Keywords Education

The article investigates legal regulation of counteraction to bullying and its implementation during inclusive education and draws attention to the problems in its implementation. The authors investigated such phenomenon as “bullying”, its manifestations in general and in the process of realization during inclusive education. The authors, based on case law analysis, have identified and analyzed the corpus of the offenses that may qualify as bullying. It has been proven that actions that are biased or biased against individual members of society by people with disabilities in the learning process should be qualified as bullying. At the same time, the legal corpus of these offenses should include: the object (health, will, honor, and dignity of the person); the objective side, which may be manifested in 1) acts or omissions regarding the energetic (physical) or informational (mental) influence on the victim (victim); 2) in the consequences of severe physical or moral suffering; 3) in the causal link between the said actions (inaction) and the consequences. The subject of bullying is a participant in the educational process, and the subjective side is characterized by direct intent (actions taken to inflict physical and moral suffering on a person, to discredit, humiliate the honor and dignity of a person, to compel actions contrary to his will, to receive some recognition). The authors of the article pay considerable attention to the characteristics of the current legislation of Ukraine, which regulates the issue of counteracting bullying. The authors also pay considerable attention to the study of foreign law and the case-law of the European Court of Human Rights, which reveals the peculiarities of the mechanisms of counteracting bullying in the field of education in foreign countries. Based on their analysis, recommendations are made to improve the legal regulation of bullying. in Ukraine, in particular in the implementation of inclusive education. Keywords: education, bullying, inclusive education, legal regulation of bullying, people with special needs.

scholarly journals Labor is free or freedom of labor? Russia and international law

2021 ◽  
pp. 87-95
Author(s):  
Elena Yur'evna Eseva
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Soviet Period ◽  
Legal Research ◽  
Scientific Methods ◽  
Legal Method ◽  
Foreign Countries ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation

This article explores the problem of exercising the constitutional guarantee of the freedom of labor. Analysis is conducted on the current Russian legislation in comparison with the legislation of the Soviet period in the area of regulation of questions of the freedom of labor. Functionality of the institution of the freedom of labor is viewed on the practice of Russian reality and its compliance with the norms of international law. The questions of the freedom of labor are also examined in a number of foreign countries. The author reveals the flaws in the Russian legal framework on the subject matter, and makes recommendations for amending the current legislation. Research methodology leans on the comparative-legal method, as well as such general scientific methods as historical, linguistic and others. The scientific novelty of this article is defined by the absence within the domestic legal science of comprehensive legal research of the entirety of problems related to constitutional guarantee of the freedom of labor. An attempt is made to carry out a comparative study of the international normative regulation of relations in the area of the freedom of work with the norms established in the Constitution of the Russian Federation.

scholarly journals Development trends of the Russian constitutional law in post-Soviet time

2020 ◽  
pp. 18-33
Author(s):  
Evgenii Sergeevich Anichkin
Keyword(s):  
Constitutional Law ◽  
Soviet Period ◽  
Development Trends ◽  
Legal Doctrine ◽  
Legal Development ◽  
Foreign Countries ◽  
Conceptual Changes ◽  
Soviet Time ◽  
The Subject ◽  
Post Soviet Period

The subject of this research is the key, dominant and most consistent development trends of the national constitutional law in post-Soviet period (1990’s – present). The author examines the following trends: succession, reception, internationalization and cyclicity of the development of constitutional law, as well as expansion and conceptual changes in its content. Each trend is substantiated by the provisions of constitutional legal doctrine, current Constitution, legislation and constitutional practice. The main conclusions consist in the thesis that the determined trends are inherent namely to the modern constitutional law, rather than Soviet or prerevolutionary stages of its development. Moreover, if separate trends coincide with the modern constitutional law of foreign countries, in Russia they have peculiar content, justified by the specificity of state legal development of the country. The evolution of Russian modern constitutional law takes place at the intersection of constitutional distinctness and constitutional universalization. Constitutional distinctness implies the synthesis of succession, certain cyclicity in the constitutional legal sphere, and presence of the unique legal phenomena characteristic to the national constitutional legal system. The manifestations of universalization of the modern Russian constitutional law include its reception and internationalization. 

The Deviations: Political Over- and Non-comparisons

2013 ◽  
Author(s):  
Michal Bobek
Keyword(s):  
Central Europe ◽  
Political System ◽  
Legal Systems ◽  
Comparative Rhetoric ◽  
The Third ◽  
Foreign Law ◽  
The Us ◽  
The Subject

The chapter seeks to conceptualize the deviations from the normal tolerant openness towards comparative inspiration established legal systems generally demonstrate. The first part of the chapter describes such deviations and their origins. In the second part, a recent instance of over-use of comparative inspiration is examined: the role comparative arguments and above all comparative rhetoric played in legal transitions in Central Europe. In the third part, examples of non-uses caused by political system closures are given. In particular, the currently extensively debated uneasy position of the use of foreign law in the US courts is discussed, in particular with respect to one question: why is it that the debates on the subject of the use of foreign law in the US courts have become so heated and, in a way, pathological?

scholarly journals Experience of Foreign Countries on Exercising Departmental Control over the Activities of Judges and the Possibility of Its Application in Ukraine

2020 ◽  
Vol 9 (29) ◽  
pp. 243-249
Author(s):  
Mykola Ivanovich Inshyn ◽  
Oksana Vasilievna Pchelina ◽  
Tatiana Mikhailovna Yamnenko ◽  
Hаlyna Viktorivna Tatarenko
Keyword(s):  
International Experience ◽  
Judicial System ◽  
Positive Experience ◽  
Legal Systems ◽  
Scientific Cognition ◽  
Foreign Experience ◽  
Documentary Analysis ◽  
Foreign Countries ◽  
General Scientific ◽  
The Uk

The objective of the article is to study the positive experience of foreign countries in exercising departmental control over the activities of judges and to identify possible ways of its application in Ukraine. While writing the article the author has used general scientific and special methods of scientific cognition, namely: systematic, comparative and legal, functional and documentary analysis. Based on the analysis of scientific sources the author has studied the experience of the UK, France, Poland, Asian in exercising departmental control over the activities of judges. It has been determined that quite different approaches have been currently developed in Europe regarding the exercise of departmental control over the activities of judges, which is conditioned by the specifics of the legal systems of countries in general and the judicial system in particular. At the same time, despite the presence of certain differences, this does not exclude the possibility of applying the relevant positive foreign experience in our country. Based on the results of the conducted research, the following has been suggested, taking into account international experience in exercising departmental control over the activities of judges: a) to optimize the system of entities, which are authorized to exercise control over the activity in the specified sphere; b) to create a legislative base for exercising departmental control over the activities of judges, in particular by developing and adopting a single legal act in this area; c) to strengthen the supervision over the courts while maintaining the limits of the independence of judges; d) to expand the financial and logistical support of the entities of departmental control; e) to create organizational and legal conditions, where judges will in no way be able to influence the departmental control; f) to develop a clear and understandable system for evaluating the performance of judges.

scholarly journals Criminal-legal ensuring of freedom of religion in modern conditions: a comparative analysis

2021 ◽  
Vol 39 (68) ◽  
pp. 620-649
Author(s):  
Sophia Ya. Lykhova ◽  
Borys D. Leonov ◽  
Tetiana D. Lysko ◽  
Natalya K. Shaptala ◽  
Sergiy I. Maksymov
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
International Standards ◽  
Freedom Of Religion ◽  
Legal Systems ◽  
Legal Method ◽  
Foreign Countries ◽  
The Subject ◽  
Constitutional Right ◽  
The Right

The article conducts a comparative criminal law investigation to ensure freedom of religion in Ukraine and some countries. The subject of the study is a person's right to freedom of religion guaranteed by the Ukrainian Constitution. In conducting this research, a comparative legal method was widely used, which allowed a two-tier analysis (empirical and theoretical) of the legal systems of Ukraine and some foreign countries in terms of ensuring freedom of religion under criminal law, to identify the originals and specific manifestations of such support, to determine the patterns of development of each country's criminal law. As a result of the investigation, some gaps and advantages of Ukrainian law were identified in terms of criminal law guaranteeing the right to freedom of religion. Itstates that Ukraine's modern criminal law generally complies with international standards for the protection of citizens' constitutional right to freedom of religion, but there are some shortcomings in terms of unequivocal understanding of the elements of crimes that violate freedom of religion, which are worth discussing.

scholarly journals Handcuffing of Persons to be Escorted: Foreign Experience

2021 ◽  
Vol 230 (7) ◽  
pp. 22-31
Author(s):  
ANNA A. SIVOVA ◽  
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Case Law ◽  
National Legislation ◽  
Foreign Experience ◽  
European Court ◽  
Foreign Countries ◽  
Special Means ◽  
General Scientific ◽  
The Russian Federation

Based on the case law of the European Court for Human Rights, the problem of the use of handcuffs and other means of restraining the mobility during escorting in relation to persons in custody, this issue is relevant both for the penitentiary systems of foreign states and of the Russian Federation. The purpose of this paper is to study and analyze the experience of foreign countries, as well as to consider the norms of national legislation on the issue under consideration. For the most effective research, empirical methods were used – description with recording of information, observation, comparison, as well as a general scientific method - the method of analysis – in order to study in detail foreign experience in the area of transportation of persons in custody. The study is expected to draw the attention of penitentiary scholars and practitioners to the need for revising the standards of prisoners’ transportation. Analysis of foreign experience in the use of handcuffs when escorting persons in custody, as well as the norms of international law, national legislation, departmental regulations, suggests the possibility of making appropriate changes to the Law of the Russian Federation «On institutions and bodies executing criminal punishments in the form of deprivation of freedom» from 21.07.1993 No. 5473-1, detailing the conditions for the use of means of restraining the mobility when escorting on foot, assigning the officers of the penal system with the authority to use special means when carrying out the tasks of escorting convicts and persons in custody outside protected areas near crowded places and in conditions of limited visibility. It also seems appropriate to regulate that if the use of such means is absolutely necessary, it should be carried out in such a way as to minimize any risk of harm to the prisoner. The conclusions made in the course of the study indicate to the possibility of coming up with a legislative initiative detailing the conditions for the use of means restraining the mobility when escorting on foot. Key words: penitentiary system, means of restraint of mobility, escort, international law, national legislation.

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