legitimate interests
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2022 ◽  
Vol 5 (4) ◽  
pp. 30-42
Author(s):  
V. O. Makarov

Experimental legal regime; COVID19; legal regime; legal experiment; “regulatory sandboxes”; legal technique; classification of legal experiments; legality; experimental legal regimes of mobilization type on legal forecasting and legal interpretation methods. The theoretical basis of the research includes well-known legal science categories, i.e. legal regime and legal experiment that get a new interpretation with the appearance of experimental legal regime institute. The main results of the research, scope of application. Experimental legal regime is a broader legal phenomenon than regulatory sandboxes, which includes not only regulation of the digital innovation sphere, but also other rules that are limited in time and space. There are legal regimes with signs of experimentation that are not officially identified by the state as experimental legal regimes. The work studied the experience which arose due to  modern  changes  in  state  and  legal  regulation  caused  by  the  global  epidemic  of COVID-19. It is suggested to divide the legal experiments according to the purpose of experimental legislation into the following groups: optimizing, progressive and mobilization ones. The aim of the first group named “Optimizing legal experiments” is to test using of new regulation applied to a large and complex object. The second group named “Progressive legal experiments” is intended to check whether the abandonment of old laws is beneficial in the innovation field. The result is creation of a smart regulation for economic and technological development. The third group named “Mobilization legal experiments” is aimed at maintaining of the existing level of resources, security, and infrastructure in the event of critical situations. It is being proved that the legal restrictions aimed at preventing of COVID-19 viral infection spreading can be classified as experimental legal regimes of mobilization type. The criterion for distinguishing of mobilization experimental legal regimes from others is the voluntary participation in the legal experiment and the goal of the experimental legal regime.Conclusions. The development of mobilization experimental legal regimes implies raising of their legality. It can be achieved by the provision of legal guarantees such as the goals of the legal experiment and the evaluation of their consequences. This will allow identify whether the consequences of the experiment correspond to the goals of the new legal regulation. There must be grounds for limitations to legal certainty caused by legal experimentation. Their manifestation is the goal and evaluation criteria, with the help of which it is possible to determine whether the consequences of the establishment of the experiment correspond to the goals of the new legal regulation. Otherwise, there is a risk of unjustified infringement of the rights and legitimate interests of citizens.


2021 ◽  
Vol 9 (3) ◽  
pp. 505-516
Author(s):  
Roman Victorovich Myroniuk ◽  
Anatolii Matviichuk ◽  
Olena Hrabylnikova ◽  
Olesia Marchenko

Successful examples of legal support privatization in a number of developed foreign countries are analyzed. In particular, the main attention was paid to the analysis of the experience of legal support privatization in developed and democratic countries of North America and Western Europe. The possibility and peculiarity of the procedure of introduction of specific forms and methods of legal support of the processes related to privatization in Ukraine are established. It is stated that privatization is one of the most significant phenomena both in the economy of a particular state and in society as a whole. It is noted that the proper legal enforcement and support of all privatization-related processes determine whether the economic development and prosperity of the state will take place, or, conversely, it will decline and suffer significant losses. It is noted that in connection with the gradual rapprochement of Ukraine with European states and their standards, the problem of inventing the most appropriate and relevant privatization of certain state or municipal enterprises is becoming more acute. At the same time, researchers prefer to conduct a qualitative analysis of the processes of privatization of state property that has taken place in the past in more detail, based on certain newly discovered facts. Among other things, it is considered necessary to check whether the rights, freedoms and legitimate interests of citizens, as well as the state, have been violated during the privatization process.Keywords: Privatization Legal Support; Implementation; Effective Activity; Qualitative Regulation; Research of Processes and PhenomenaPengalaman Asing Dalam Privatisasi Dukungan Hukum dan Peluang Penerapannya di Ukraina AbstrakContoh sukses privatisasi dukungan hukum di sejumlah negara maju asing dianalisis. Secara khusus, perhatian utama diberikan pada analisis pengalaman privatisasi dukungan hukum di negara-negara maju dan demokratis di Amerika Utara dan Eropa Barat. Kemungkinan dan kekhasan prosedur pengenalan bentuk khusus dan metode dukungan hukum dari proses yang terkait dengan privatisasi di Ukraina ditetapkan. Disebutkan bahwa privatisasi adalah salah satu fenomena paling signifikan baik dalam perekonomian suatu negara tertentu maupun dalam masyarakat secara keseluruhan. Penegakan hukum yang tepat dan dukungan dari semua proses terkait privatisasi menentukan apakah pembangunan ekonomi dan kemakmuran negara akan berlangsung, atau sebaliknya, akan menurun dan menderita kerugian yang signifikan. Sehubungan dengan pemulihan hubungan Ukraina secara bertahap dengan negara-negara Eropa dan standar mereka, masalah menciptakan privatisasi yang paling tepat dan relevan dari perusahaan negara bagian atau kota tertentu menjadi lebih akut. Pada saat yang sama, peneliti lebih memilih untuk melakukan analisis kualitatif terhadap proses privatisasi barang milik negara yang telah terjadi di masa lalu secara lebih rinci, berdasarkan fakta-fakta tertentu yang baru ditemukan. Antara lain, dipandang perlu untuk memeriksa apakah hak, kebebasan, dan kepentingan sah warga negara, serta negara, telah dilanggar selama proses privatisasi.Kata Kunci: Dukungan Hukum Privatisasi; Pelaksanaan; Kegiatan Efektif; Regulasi Kualitatif; Penelitian Proses dan Fenomena. Зарубежный опыт правового обеспечения приватизации и возможность его использования в УкраинеАннотацияПроанализированы успешные примеры правового обеспечения приватизации в ряде развитых зарубежных стран. В частности, основное внимание было уделено анализу опыта правового обеспечения приватизации в развитых и демократических странах Северной Америки и Западной Европы. Установлены особенность процедуры введения конкретных форм и методов правового обеспечения процессов, связанных с приватизацией в Украине. Констатировано, что приватизация является одной из наиболее значимых явлений как в экономике конкретного государства, так и в обществе в целом. От надлежащего правового обеспечения и сопровождения всех связанных с приватизацией процессов зависит будет ли происходить экономическое развитие и процветание государства, или же наоборот она испытывает упадок и получит существенные убытки. В связи с постепенным приближением Украины к европейским государствам и их стандартов, все более остро встает проблема изобретение наиболее уместного и актуального проведения приватизации определенных государственных или коммунальных предприятий. Вместе с тем, исследователи предпочитают более детализировано, опираясь на определенные вновь открывшиеся факты, провести качественный анализ тех процессов приватизации государственной собственности, которые произошли в прошлом. Среди прочего, признается необходимым проверить, не были ли нарушены при проведении приватизации права, свободы и законные интересы граждан, а также интересы государства.Ключевые слова: приватизация, правовое обеспечение, эффективная деятельность, качественная регламентация, исследования процессов и явлений


Author(s):  
Давидова Ірина Віталіївна ◽  
Берназ-Лукавецька Олена Михайлівна

The article analyzes extrajudicial instances for resolving sports disputes, identifies their role and advantagesover courts. It is noted that in practice, sports relations cannot exist without disputes, and the latter can take placebetween athletes, on the one hand, and coaches, sports organizations, mediators, etc., on the other hand; betweenathletes (on both sides), or when an individual athlete is not a party to the dispute at all. It is established that the mostcommon disputes today are about objective judging, anti-doping, fair play.As a result of the analysis of literature sources, it was found that in all national federations of Ukraine orassociations (except the Football Federation) such specialized bodies, as a rule, do not exist. The executive bodiesof the federation are empowered to resolve disciplinary disputes, and the powers to review them on appeal arevested in higher governing bodies (for example, congresses, conferences, general meetings). This provokes situationswhere sports disputes are considered by federation leaders who do not have the appropriate legal education, or evenhave a legal education but do not have relevant experience in resolving such disputes, which negatively affects thequality of sports disputes, as often unfair decisions are made or those that contradict the regulations of internationalfederations in certain sports.The work of such an independent international arbitration body as the Court of Arbitration for Sport, which isauthorized to resolve sports or sports-related disputes, is analyzed. These disputes are divided into two groups; GroupI includes commercial disputes arising from contractual relations between professional clubs, between clubs andathletes, sports agents, disputes over the specifics of transfer activities, agreements on the transfer or distributionof television and other media rights, etc., and group II – disciplinary disputes considered by the Court of Arbitrationfor Sport as a court of the first instance or a court of appeal in the case of a dispute between national authorities.It is concluded that to protect the rights and legitimate interests of sports entities, there is an extensivesystem of national and international out-of-court bodies for resolving sports disputes. Despite this, Ukraine has anunderdeveloped system of such bodies, as only the football sphere has an effective mechanism for resolving sportsdisputes at the national level, and therefore there is a significant need to establish a Sports Arbitration Court underthe National Olympic Committee of Ukraine to protect the rights of other sports.


Author(s):  
Alexander G. Kolb ◽  
Malvina Hrushko ◽  
Hanna Teteriatnyk ◽  
Olha Chepik-Trehubenko ◽  
Olha Kotliar

The article analyzes the content of international legal acts related to the protection of the rights of victims of military conflicts. At the same time, its results identify the characteristics of its implementation in Ukraine. It has been established that some of these legal sources have not been ratified by Ukraine or otherwise Ukraine has not given them a binding legal effect. Using a documentary-based methodology close to legal and political hermeneutics, this article develops scientifically sound and relevant proposals aimed at improving the legal mechanism to protect the legitimate interests and rights of the victims of the military conflict in Eastern Ukraine. It is concluded that the current legal problems not only negatively affect the state of law enforcement activity in Ukraine, which is directly related to the content of this process, but also does not allow adequate influence on the determinants that give rise to, and cause military and territorial conflicts in Ukraine, a situation that can be extrapolated to other societies near or far.


2021 ◽  
pp. 119-124
Author(s):  
O. V. Narozhna

The article discusses the issues arising in the investigation of criminal offenses on the example of illegal search work at an archaeological heritage site, destruction, destruction or damage to cultural heritage sites. Conducting certain types of examinations is disclosed as the activity of experts who possess knowledge of certain branches of science. The issues of carrying out a comprehensive forensic technical examination of documents and art criticism are highlighted. The main methods used by experts of the above types of expertise have been determined. It was emphasized that the most promising and expedient procedure for carrying out a comprehensive examination of music literature is to first conduct a technical examination of documents, which will allow restoring the lost fragments of both the material and the text of a musical work, taking into account the methods that will then be used by an art expert. Activities for pre-trial investigation of crimes that encroach on cultural heritage, cultural values, where the objects of examination are music literature, in particular, is a complex multifaceted and multifaceted process to perform the tasks of criminal justice. The specific nature of the investigation of these criminal offenses makes the issue of organizing examinations quite relevant. The multifaceted investigation of these offenses is reflected in its organization, in particular through the use of special art knowledge in procedural and non-procedural forms. The practical purpose of the organization is to determine the optimal direction and content of the investigation, optimize its purpose, forces and means necessary to achieve it, the correct placement of forces and the creation of appropriate conditions. The growing needs of modern society in the use of knowledge in the field of art history does not bypass the field of justice. Understanding the importance of special knowledge for establishing factual data gives grounds to consider forensic science as an independent institution for the protection of the rights and legitimate interests of citizens, legal entities and the interests of the state as a whole.


Author(s):  
Volodymyr P. Pylypenko ◽  
Khrystyna T. Sliusarchuk ◽  
Pavlo B. Pylypyshyn ◽  
Svitlana V. Boichenko

This paper provides a comprehensive study of theoretical and practical issues of violation of human rights by war crimes, protection of legitimate interests of individuals in national and international law as a result of such violation. The purpose of this study is a comprehensive analysis of theoretical and applied issues related to the protection of violated rights and legitimate interests of individuals in public international law as a result of the commission of war crimes, and the formulation of scientifically sound proposals for improving the current legislation of Ukraine and the practice of its application in this area. The paper analyses the current scientific opinions and legislation on the regulation of illegal acts and liability for damage caused to victims as a result of violation of human rights and fundamental freedoms by war crimes. Furthermore, the existing forms, methods, and means of protecting the rights and legitimate interests of such persons in Ukraine and in the international arena were determined. The paper also provides a comprehensive study of the existing concept, legal nature and main features of war crimes and their legal regulation in Ukrainian legislation. Legislative amendments to the regulations governing this issue are proposed and the study justifies the position regarding the existence of an exclusively judicial procedure for resolving issues of human rights violations by war crimes, the result of which should be the adoption of a court decision. As a result of the study, the current scientific statements and achievements are clearly identified, as well as those that have emerged due to the constant development of public relations and substantial changes in international relations of various states, which causes armed conflicts and war crimes. One of the achievements of the scientific study is the proof of the importance of the problem of violated human rights in modern society and the extreme need for its research. After all, modern legislation requires substantial changes and improvement of the existing provisions with the subsequent possibility of their practical application


Author(s):  
Oleksandr Horban ◽  
Viktoriya Bass ◽  
Oleksii Drozd ◽  
Maksym Kalatur ◽  
Kostiantyn Shkarupa

The topicality of this article is due to the fact that the civil service is a special element of the governmental system of each state, the effective functioning of which provides the observance of constitutional rights and freedoms of citizens, consistent and sustainable development of the country. The purpose of the article is to conduct scientific research on the functioning and overall reform of government control and civil service in Ukraine and in developed countries of the world. The leading research methods are general scientific and specific research methods, including methods of logic, analysis, comparison etc. The results of this study are a comparative and legal analysis of the civil service institute construction in developed countries of the world, the identification of basic problems and consequences of reforming this field in Ukraine. The significance of the obtained results is reflected in the fact that this study may serve as a basis for outlining future changes to the current legislation of Ukraine on the functioning of the civil service and the protection of the rights and legitimate interests of civil servants


Author(s):  
Feruza Ibratova ◽  
Zamira Esanova ◽  
Umida Shorakhmetova

According to the Civil Procedure Code of the Republic of Uzbekistan, the adoption of minor children is carried out only by a judicial body that meets the norms of the Constitution of the Republic of Uzbekistan, international law, as well as international agreements of the Republic of Uzbekistan and world practice of adopting children, which is in the best interests of the child. At the same time, there is a growing need for a radical improvement of the institutional and legal framework that guarantees the protection of the legal and legitimate interests of children and the protection of their rights. The purpose of the article is to analyze the legal norms of issues on the adoption of children. Scientific research is based on a set of such private methods as formal-logical, system-structural, comparative-legal, historical, etc., which made it possible to identify and substantiate the concept, essence and social significance of the institution of child adoption in the Republic of Uzbekistan. As a result of the research, it was established that in the science of family law adoption is defined in the following forms: as a legal act; as the upbringing of children in an adoptive family, providing living conditions equivalent to the living conditions of biological children; as a device for minors left without parental care. The article discusses the concepts, essence and social significance of adoption, personal and property rights of adopted children, interests of the child in implementation, procedural issues of adoption


2021 ◽  
pp. 71-76
Author(s):  
Tatiana G. Ponyatovskaya

The problem of sentence enforcement against minors in the form of compulsory measures of educational influence is actualized. On the one hand, the gaps in the legislative provision on the procedure for the enforcement of compulsory measures of educational influence confirm the absence of a legal culture, which undermines respect for the law, justice and the authorities. On the other hand, a person subjected to compulsory influence has nowhere to seek protection, since observance of his rights and legitimate interests when applying compulsory measures of educational influence cannot be guaranteed even by the prosecutor's supervision. The domestic legislation defines neither the procedure to exercise compulsory measures, nor the subjects, nor their powers.


Author(s):  
Ol'ga Tuchina

The relevance of the topic is determined by the importance of the rights, freedoms and legitimate interests of a minor who is a participant in criminal proceedings as a suspect or accused. It is generally recognized that the value of the legal system is determined, inter alia, by the legislator’s attention to these intangible benefits of minors, to the legal norms on the basis of which the protection of these persons in criminal proceedings is ensured. The purpose of the article is to identify the legal features and problems in the field of legal regulation of preventive measures chosen in Russia by underage suspects (accused), which do not contribute to isolation from society. Preventive measures that are not related to the isolation from societyof a juvenile prosecuted by justice become an object of the article. The problems identified in the designated area of legal regulation and the ways of their optimal solution corresponding to these problemsare considered as the subject of the article. The article reflects the issues of the concept, the legal nature (essence) of the measures of restraint chosen in relation to juvenile suspects (accused), not related to isolation and a system of such measures. It is noted that the Russian legislator, paying attention to the rights and legitimate interests of this category of persons, in standards regulating preventive measures, does not take into account the peculiarities of the legal status of a minor suspect and accused, the specifics of the application of preventive measures, as well as the aspects of the impact of isolation (not isolation) from society on psycho-physical condition of these persons.The novelty is defined by thesubstantiation that the humanistic principles of international law and Russian legislation should be reflected in preventive measures for minors with the priority of measures that prevent isolation from society, and, accordingly, from the family, where the formation of the moral aspects of the individual, traditions and universal values take place. As a result, the author proposes the author’s definition of the legal category “measures of restraint chosen by minors, not related to isolation from society”, reflects the legal peculiarities of preventive measures chosen against juvenile suspects or accused, substantiates the need to amend Art. 423 of the Criminal Procedure Code of the Russian Federation.


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