Signs of the concept of „conflict of interest” in the judicial practice of Ukraine

This article is about the problem of understanding the concept „conflict of interest” and its characteristics in the legal positions of Administrative Court of Cassation as a part of Supreme Court of Ukraine. From the article we can understand that these legal positions touch the correct definition of characteristics of private interest, potential and real conflict of interest, finding out people who are subordinated to a person who is authorized to perform state or local self-government functions, and it can causes potential or real conflict of interest. These legal positions can be used in bringing the guilty persons to administrative responsibility under the Code of Administrative Offenses.

INSTITUTIONAL MECHANISMS OF COOPERATION BETWEEN RUSSIA AND GERMANY IN THE FIELD OF AGRICULTURE

The article analyzes the state and prospects of the mechanisms of Russian-economic agrarian cooperation. In foreign and domestic scientific literature, this topic has so far remained outside the scope of attention of scientists and experts. The author explores the foundations of cooperation at the state level and the level of private interest groups. The analysis of the activities of the «German-Russian Agrarian Dialogue» – the main structure of institutional interaction is carried out. It was created on the initiative of the German side in the first half of the 90’s of the last century. Its role in supporting various interest groups in cooperation is investigated. Particular attention is paid to the activities of the German entrepreneur S. Duerr and his company «EkoNiva». This is an example of «best practies» in the use of advanced management and agricultural technologies in Russian conditions. The author predicts the further development of Russian-German institutional interaction in agriculture

Controls of the conditions associated with the contract in Bahraini civil law and Islamic jurisprudence: comparative analytical study: ضوابط الشروط المقترنة بالعقود في القانون المدني البحريني والفقه الإسلامي: دراسة تحليلية مقارنة

This study deals with the controls of the conditions associated with the contract in Bahraini civil law and Islamic jurisprudence. The knowledge of conditions carries great importance in the financial transactions that take place between individuals in society, and in particular the contracts that are concluded between the contracting parties and the terms that contain these contracts and which are relied upon in The protection and guarantee of contracting funds, as the various contracts and actions through which individuals practice different transactions include many conditions, and on these conditions the validity and invalidity of contracts depend, and given the impact of the conditions on contracts, civil laws have interfered and legal controls have been set for the conditions that are set in the different contracts to protect it from nullity. This research aims mainly to define the legal and controls for the conditions associated with contracts in Bahraini civil law and Islamic jurisprudence, and to show the impact of conditions on the validity of contracts. This study has reached a number of results, the most important of which is that the principle in the conditions is permissibility and not prohibition, and it has restricted freedom in terms of contracts associated with contracts by placing exceptions on the original in order to achieve the public interest and the private interest, and adopting this principle is a desire of the Bahraini legislator not to restrict and limit the contracting parties. The permissibility of the conditions associated with contracts in specific conditions, and the study also showed that adherence to the legal controls related to the conditions protect contracts and actions from nullity, and the contracting parties avoid disputes and material losses that may befall them as a result of contract nullity in the event of Non-compliance with legal and legitimate Controls.

Judicial Evidence as a Means of Proof before the Administrative Judge “A Study in the Saudi System”

The judicial evidence - as a means of proof before the administrative judiciary - being built on the constructive role that the administrative judge enjoys, who is not a captive to the texts when considering a litigation of unequal parties regarding their legal positions, as he interferes with a positive and full authority. In fact, judicial evidence leads to creating a balance between the different legal positions of the litigants regarding the administrative lawsuit. Judicial evidence has an effective role in the process of proof and attribution of right and contributing to the balance between the public interest and the private interest, thus it requires the care of the administrative judge.

Public Servitudes for the Certain Types of Facilities Placing: Towards a Discussion on Public Interest Presence

From the standpoint of the dominant interest criterion the article examines the justification of the legislator`s decision to apply public law methods in order to regulate relations concerning the use of land for infrastructural facilities placing. The author gives the arguments in favor of understanding the public interest as the interest of the whole society as a system, rather than the interest of an indefinite range of persons or the majority of the population. The author concludes that there is the simultaneous presence in the specified legal relations and private interests of the participants of legal relations, and public interests of society as a system. Both types of interests in these legal relations are important, but in terms of different aspects of the legal impact mechanism. Public interest is important because its realization is the purpose of legal regulation of this type of legal relations, from this point of view it acts as a dominant interest. The private interest of the holder of a public servitude is important as an incentive to attract the efforts of private individuals to achieve a publicly significant goal. The private interest of a land plot owner is important from the point of view of securing the right of ownership. It is substantiated that the public servitude is not an arbitrary decision of the legislator, but an example of application of the incentive method in the land law, which provides a favorable legal regime for a socially useful activity.