legal analysis
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2022 ◽  
pp. 109-114
A. V. Kuznetsov

The author studies the legal norms of the exercise of the powers of the Constitutional Court of the Russian Federation. The list of the main provisions of the Federal Law on the powers of judges and the court in connection with amendments to the Constitution of the Russian Federation is presented. The provisions of the new edition of the Federal Law on the Constitutional Court of the Russian Federation are considered. The legal analysis of the amendments made to the FKZ for legal evaluation from the theoretical and practical side is carried out.

2022 ◽  
pp. 1-19
Khorsed Zaman

Abstract This article is a critical legal analysis of the proposed TRIPS waiver under World Trade Organization (WTO) law. It reviews the existing TRIPS flexibilities and the “August 2003 TRIPS waiver”, highlighting the obstacles to achieving the goals of these legal instruments. It demonstrates that numerous critical TRIPS flexibilities, notably TRIPS Article 31bis, are ineffective, prompting some countries to submit a new waiver proposal to the WTO. It highlights several WTO rules that are also quite ambiguous. This paper argues that a WTO clarification might be an alternative to the new TRIPS waiver proposal if it is ultimately rejected due to a lack of consensus among WTO members. Finally, this article emphasises the importance of adopting a balanced approach that may simplify complicated TRIPS rules, decrease the risk of trade-based retaliation and improve collaboration in knowledge transfer and scaling up the manufacture of and access to lifesaving vaccines, pharmaceuticals and healthcare equipment.

2022 ◽  
Vol 5 (4) ◽  
pp. 43-54
A. V. Malko ◽  
D. A. Lipinsky ◽  
R. S. Markunin

The subject. The article presents a comprehensive general theoretical analysis of the institution of legal responsibility and its role, taking into account the consolidation of the new constitutional and legal principle of the unity of the system of public power.The purpose of the research is to confirm or disprove hypothesis that it is necessary to legislate a full-fledged mechanism of legal responsibility of state bodies and local self-government bodies in order to implement the constitutional principle of the unity of public power.Methodology. The formal legal method, the method of comparative legal analysis, dialectical method and systemic approach were used.The main results, scope of application. The authors found the manifestation of dualism in the work of the institution of legal responsibility. It consists in the ability to bear responsibility both to the state, in connection with various offenses, and to the population itself. A brief description of the loss of trust as a basis for the responsibility of officials is given, taking into account contemporary legislation. Directions for the further development of this legal institution are highlighted. The article examines the opinion of the Russian Constitutional Court on the legitimacy of using the loss of trust as a basis for the responsibility of public authorities. The article examines the normative legal acts, which fix the mechanism for the implementation of the principle of maintaining trust in the activities of the authorities on the part of society. For example, in relation to state civil and municipal employees, a prohibition has been established on statements about the activities of authorities and their assessment, if such actions are not included in the list of their official duties. Such a mechanism for maintaining public confidence in the work of government bodies should contribute to strengthening the unity of the public power system. At the same time we can talk about the existing trend towards a decrease in the level of public confidence in the work of authorized bodies exercising public authority. The corruption and bureaucratization of the activities of officials, the expansion of the powers of law enforcement agencies, a decrease in the independence of the political opposition are pointed to among the possible reasons most often. In this regard, the paper proposes expanding the grounds for responsibility when implementing the procedure for recalling an official.Conclusions. It is necessary to consolidate a full-fledged legislative mechanism of legal responsibility of state bodies and local self-government bodies, which will contribute to the implementation and strengthening of the new principle of the unity of public authority.

2022 ◽  
pp. 24-37
Garima Agarwal ◽  
Kajal Singhvi

In our country, the property rights of tribals are in extreme jeopardy. Despite various legislations and laws that ensure that property rights to the tribals are not denied, the situation is dire. There is also a massive power imbalance; the tribes have no power against the states and are always the victims. A constitutional provision like the Fifth Schedule is highly outdated and centralizes the decision-making rights of tribals. The PESA Act established to ensure that tribals are more involved in decision-making has been manipulated and not appropriately implemented. The LARR Act and the FRA Act, dealing with land acquisition laws and tribal property rights, respectively, have successfully been diluted by the states as well the central government.

2022 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Nadezhda Koberskaya ◽  
Bogdan Kobierskij

Purpose This study aims to compare two national dementia plans and analyse the approach of each state to the issue. Design/methodology/approach Comparative analysis, legal analysis, policy analysis Findings Although research is central to both plans, the practical implementation of the Russian and UK plans differs. The Russian action plan on dementia is advisory in nature and does not propose specific programmes for research funding. Two plans have different approach to the role of education and risk factors. Research limitations/implications Lack of information on Russian regional strategies does not allow to compare regional differences between two countries. Originality/value This study illustrates several weak points in the UK and Russian dementia policies, which should be addressed to tackle the dementia problem in both countries.

V. Burakou

The article contains a historical and legal analysis of the formation of the right to housing in the context of the formation of the legal system of the Soviet state in the period 1917-1922. As a result of rule-making during the period of the policy of "war communism", the right to housing was represented by its content: the restriction of the right of ownership of residential premises, the creation of a system of rationing and distribution of living space and the class principle of housing policy. Under the influence of the new economic policy, the principles of the right to housing were supplemented with provisions on the continuity of pre-revolutionary law, the permission of individual construction on the right of development, the provision of public services on a paid basis.

2022 ◽  
pp. 243-256
Giga Abuseridze ◽  
Janis Grasis

In the recent history of the world, especially in the last two decades, large-scale military actions by Russia and Russian intervention have attracted wide international attention. Russia's increasingly confrontational stance has been manifested in military interventions in Georgia (2008) and in Ukraine (2014). The occupation/annexation of the territories of Georgia and Ukraine by the Russian Federation is a gross violation of the principle of sovereignty and territorial integrity of a country, as well as of the norms and principles of international law, that have significantly changed the international order established between the states and called into question the security of the Black Sea region and Europe as a whole. The purpose of this chapter is to provide a legal analysis of Russia's aggressive policy and the economic consequences of Ukraine and Georgia as aggrieved parties.

2022 ◽  
pp. 33-56
Plamena Nedyalkova ◽  
Darina Dimitrova ◽  
Hristosko Bogdanov

This chapter examines the legal and financial control issues regarding compliance with labor legislation. On the one hand, the legal analysis shows that legislation is one of the main factors influencing the financial control practice for compliance with labour legislation. On the other hand, the problems and specifics of the control procedures applied by the General Labor Inspectorate Executive Agency in Bulgaria are presented. The overall inspection process is presented sequentially, analyzing the individual stages that the control procedures go through. The problems and the specifics of carrying out an independent inspection activity by the agency are presented, and the peculiarities of carrying out joint control activities with executive bodies or their administrative structures by the specialized administration are examined. Different types of factors that influence the implementation of control procedures by the General Labor Inspectorate Executive Agency in Bulgaria are considered.

2022 ◽  
Vol 25 ◽  
pp. 174-183
Firuza Mukhitdinova

The article analyses the strategies for reducing the phenomena of domestic violence, focusing on the legal preventive measures. It highlights the historical aspects of the problem, by referring to the legal framework, in trying to overcome it. By introducing the causes and the nature of the domestic violence in Uzbekistan, leveraging into a theoretical, historical and legal analysis, social measures are weighted in relation to the domestic violence. The methodological approaches in the study of social processes of domestic violence are used meanwhile evaluating the social consequences of domestic violence, considering the correlation between the increased instability in the society and the level of social dissatisfaction of the population. The paper, by referring to the Laws of the Republic of Uzbekistan “On the Protection of Women from Oppression and Violence”, as well as to several other laws and regulations on regard, makes a review to the reforms and notebooks such as “iron notebook”, “youth” and “women”, where special attention is paid to the correlations between unemployment of youth and women and the phenomena of domestic violence.

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