Attitude of Individuals First Entering Labour Market to the Implementation of Equality of Treatment Principle in Labour Relations

By invoking scientific doctrine, legal regulations and official statistics, the paper aims at assessing the actual position of females and males in labour relations in Lithuania as well as identifying the problems of the legal regulation of gender equality. The survey conducted among MRU Public Security Academy students was dedicated to disclosing the perceptions of individuals first entering the labour market about (in)equality in labour relations and experiences in the course of professional practice. To attain these objectives, certain goals were set: analysis of multiple layers of the concept of equality, legal regulation of the principle of gender equality and its inclusion in labour relations and statutory service. Furthermore, the present paper considered various trends and patterns in the implementation of the gender equality principle in labour relations, based on the analysis of the data of the Office of the Equal Opportunities Ombudsperson. Empirical research was carried out to assess the experience of students who had their professional practice in police headquarters in terms of gender inequality. Based on the performed survey that involved the students of MRU Public Security Academy, it should be concluded that the majority of students did not understand the different behaviours that could violate an individual’s rights in terms of the equality of men and women. When responding to certain questions, the majority of respondents indicated that gender inequality in Lithuania existed only to the extent it occurred naturally; however, when responding to other questions, the majority stated that there were numerous situations during their practice when they experienced discrimination (i.e. preferential treatment of one of the genders, abuse due to gender etc.). This can lead to the conclusion that violations of gender equality committed on certain grounds are perceived as a natural phenomenon resulting from natural differences between the sexes and because of this, certain flawed behaviour is justified. This results in fewer opportunities for individuals to report violations to responsible institutions and thus ensure the protection of their rights as well as to share their experiences with other individuals and, as a result, educate them.

The Concept of “Judicial Doctrine” in Russian Jurisprudence (General Notes)

The paper aims to address the totality of individual terms based on the generic concept of “doctrine”: “legal doctrine”, “scientific doctrine”, “judicial doctrine” the way they are interpreted in modern Russian legal science. Substantially and conceptually, the work anticipates an approach to another subject that is an integral part of the Russian judicial doctrine and the process of its formation, namely the application of the principles and norms of international law in the administration of justice. The paper focuses on some ambiguous interpretations of the understanding of the phenomena that are combined with each other due to the interweaving of the above concepts found in modern domestic and foreign literature, sometimes mixing their external and internal sides, proposed corresponding original solutions or paradoxical qualifications. Two extremes are emphasized in the course of revealing the essence of the analyzed concepts: either an almost arbitrary — mechanical — connection of all the elements present in one case or another into a kind of artificial “complex”, or a declination in favor of only one component as a central (or supporting) component while ignoring the others. Analyzing the legal doctrine as a concept the author differentiates between a category of science and judicial doctrine, and assumes that it is worth avoiding hyperbolization of differentiation between them. On the other hand, it would be fruitless to draw direct lines of their influence on each other. At the same time, when using the term “judicial doctrine”, it is impossible to abstract from the concept of “doctrine” in the general scientific sense. Their mutual intersection with each other, “penetration” into each other are objective. Formulating the conclusions on the problems of the concepts of legal, scientific and judicial doctrine, the author advocates greater caution in making proposals and, at the same time, greater criticism in assessing the already existing conclusions of legal theorists and practitioners.

Court’s modification of category of gravity of the committed offence and implementation of compulsory measures set by the Article 92 of the Criminal Code of the Russian Federation: problems of theory, legislative regulation, and law enforcement

Leaning on the analysis of the provisions of current legislation, clarification of the supreme judicial authority, scientific doctrine, case law materials and statistics, this article explores the implementation of compulsory measures set by the Article 92 of the Criminal Code of the Russian Federation, after court’s modification of the category of gravity of the committed offence in accordance with the Part 6 of the Article 15 of the Criminal Code of the Russian Federation. The goal of this research lies in assessment from the perspective of the theory of criminal law of such specific procedure for implementation of disciplinary compulsory measures and herding to closed-type special institution, as well as identification of possible flaws and contradictions that may cause problems and ambiguous decisions in law enforcement practice. Attention is given to the existing contradictions between the provisions of criminal law and criminal procedure law, explanations of the Plenum of the Supreme Court of the Russian Federation, as well as legislative gaps and problems emerging in law enforcement practice in the context of provision set by the Article 92 of the Criminal Code of the Russian Federation in accordance with the Part 6 of Article 15 of the Criminal Code of the Russian Federation. Taking into account the sequence, grounds and conditions established by the legislator in the Part 6 of the Article 15 of the Criminal Code of the Russian Federation for the use of the latter, the conclusion is made on impossibility to apply compulsory educational measures in line with this norm. The article also substantiates the position infeasibility of preliminary imposition of penalty (de lege ferenda) on release of such with implementation of compulsory measures set by Part 1 and 2 of the Article 92 of the Criminal Code of the Russian Federation. The author also offers to supplement and rectify certain provisions of the resolution of the Plenum of the Supreme Court of the Russian Federation No. 10 of May 15, 2018.

Los órganos administrativos transitorios

LABURPENA: Administrazio-organoen sailkapenek jakintzat eman ohi dute organo guztiek izaera egonkorra eta iraunkorra dutela. Ez dute kontuan hartzen guztiz normala dela zenbait administrazio-organo aldi baterako izaeraz ez ezik, baita izaera iraunkorraz ere, sortzea, xede jakin batez, maiz administrazio-prozedura bakar bat izapidetzeko, eta hura amaituta, desegin egiten direla. Hala legegileak nola zientzia-doktrinak ez diete jaramonik egiten organo horiei, eta administrazio-organoei aplikatu beharreko araudi orokor gehienak ez dira bateragarriak haien izaerarekin. ABSTRACT: Classifications of administrative bodies or agencies usually assume that all of them are stable and permanent. They ignore the absolutely normal existence of administrative bodies that are created not only temporarily, but also transitory, with a specific task, often for the processing of a single administrative procedure, at the conclusion of which they are dissolved. Both the legislator and the scientific doctrine do not pay attention to these bodies, most of the general regulations applicable to administrative agencies are incompatible with their nature. RESUMEN: Las clasificaciones de los órganos administrativos suelen dar por supuesto que todos los órganos tienen carácter estable y permanente. Ignoran la existencia, absolutamente normal, de órganos administrativos que se crean con un carácter no solo temporal, sino transitorio, con una misión determinada, a menudo para la tramitación de un único procedimiento administrativo, a cuya conclusión quedan disueltos. Tanto el legislador como la doctrina científica no prestan atención a estos órganos, la mayor parte de la normativa general aplicable a los órganos administrativos resulta incompatible con su naturaleza.

THEORETICAL AND LEGAL ISSUES OF PROVIDING LEGAL ASSISTANCE BY ADVOCATES TO ENTREPRENEURSHIP ENTITIES

This article discusses some scientific and theoretical issues of providing legal assistance to business entities by lawyers of the Republic of Uzbekistan. The author analyzes the views of nationaland foreign researchers and scientists regardinglegal aid, legal service and other legal categories and enters into scientific polemics with them. In particular, the author notes that today the providing legal assistance of business entities is becoming one of the main areas of advocacy, in this regard, the problems existing in the scientific doctrine are considered in detail. The author analyzes the general and distinctive aspects of the activities of lawyers and legal services in providing legal assistance to business entities and makes scientific andtheoretical conclusions

Criminal procedural guarantees of the rights of persons in proceedings with mutual legal assistance and in the order of adoption

The article is devoted to the issues related to the implementation of criminal procedural guarantees in the provision / receipt of international legal assistance and adoption proceedings. Emphasis is placed on the fact that in the scientific doctrine there is no established definition of criminal procedural guarantees in the provision / receipt of international legal assistance and in the implementation of proceedings by the way of adoption. It is proposed to understand them as a set of legally established methods and means (general and special), which ensure the effective implementation of the tasks of criminal proceedings, as well as prevent violations of procedural rights of persons involved, as well as their fundamental rights, freedoms and legitimate interests. The position of scholars on the separation of the following constituent elements in the system of criminal procedural guarantees is supported: criminal procedural form; general principles of criminal proceedings; procedural status of a person; criminal procedural mechanism for exercising the rights of the subjects of the criminal proceedings related to the provision / receipt of international legal assistance and the transfer of proceedings from the competent authorities of a foreign state. The disclosure of the content of criminal procedural guarantees, which are implemented in the studied procedural forms of international cooperation in criminal proceedings is through the prism of these interconnected and interdependent elements

Trends in the Development of Property Law: The Civil Law of Ukraine and the Experience of European Union Countries

The article deals with the problems of the development of property law in the legislation of Ukraine considering the experience of the countries of the European Union (EU). It is emphasised that the development of property law of Ukraine is determined primarily by the European tendencies of harmonisation, convergence and Europeanisation of the rights of EU Member States. The scientific doctrine of EU countries in the field of development and improvement of property law has been researched. The authors extrapolate the experience of regulation of property law in the EU countries on the development of the legal system of Ukraine. The principles of European property law are analysed: these are the principles of specificity, openness and transparency. It is concluded that recognising the existence of an EU system of substantive law will allow introducing appropriate substantive remedies that can successfully exist in addition to legal obligations.

THEORETICAL AND LEGAL FOUNDATIONS OF THE INSTITUTION OF ADMINISTRATIVE GUARDIANSHIP AS A WAY TO OVERCOME SOCIAL INSECURITY

Of great theoretical and political-practical importance are the special basic state-legal laws that are included in the block of objective reality of the subject of the theory of state and law. The subject of the theory of state and law in the general scientific doctrine of the discipline is considered by leading scientists ambiguously, but most authors say that a strong state should always take care of its citizens. Such state concern as an element of social protection occupies an independent place among the main democratic features of the Russian Federation. The State, represented by its authorized bodies, provides citizens with special benefits, privileges and incentives, which is confirmed by regulatory acts. One of the elements of the subject of the study of the theory of state and law is the study of the range of problems related to the theoretical and legal foundations of the institute of administrative guardianship. Administrative guardianship has a number of specific features that indicate its important and global significance, especially for an active society. The relevance of the topic is primarily due to the gap in the existing doctrinal practice. It is with regret that we have to state the fact that the absolute majority of the studied educational and scientific literature ignores administrative guardianship. A proper understanding of the mechanism of the institution of administrative guardianship, as well as its practical application, helps to avoid possible problems in the future. The author made an attempt to study the institution of administrative guardianship through the prism of its characteristic legal components. The author draws attention to the fact that at present, due to the current difficult epidemiological situation, people need real support from the state: assistance in finding employment, providing free medical services, payments and other social guarantees provided by the institute of administrative guardianship.

REHABILITATION OF THE DEBTOR BEFORE THE OPENING OF BANKRUPTCY PROCEEDINGS

Case Law shows that most bankruptcy cases end in liquidation, and restoring the debtor’s solvency and maintaining it as a business entity is the exception rather than the rule. Such trends clearly do not contribute to the development of the economy, so the development of recovery procedures applicable to the insolvent debtor seems relevant. One such procedure, which has appeared relatively recently in Ukrainian Law, is the pre-trial reorganization procedure. The purpose of the article is to analyze the provisions of current legislation governing the reorganization of the debtor before the opening of bankruptcy proceedings, study current issues that arise in the practice of applying the relevant provisions of the Civil Procedure Code of Ukraine, and set out their views on the effectiveness of pre-trial reorganization. The case law on appealing the approval of the pre-trial rehabilitation plan, namely the appeal of the rehabilitation plan by creditors who did not participate in the voting or who voted against the approval of the pre-trial rehabilitation plan, is analyzed. Bankruptcy cases in the scientific doctrine are divided into two categories: 1) the bankruptcy case itself; 2) related cases, which are considered in the order of claim or declaration proceedings (invalidation of auctions, contracts, etc.). The author argues the possibility of supplementing this division of bankruptcy cases with another, third category — cases of pre-trial reorganization. It is emphasized that the Code of Ukraine on Bankruptcy Procedures provides for two types of reorganization: reorganization prior to the opening of bankruptcy proceedings (pre-trial reorganization) and reorganization as a court procedure applied to an insolvent debtor within a bankruptcy case. Both pre-trial reorganization and "judicial" reorganization pursue a single goal — to restore the debtor’s solvency and preserve it as a business entity. According to the results of the study, the author concludes that pre-trial rehabilitation has a number of advantages, which include: efficiency; profitability for creditors; write-off of a significant portion of tax debt and other mandatory payments: lower court costs in the form of court fees for both the debtor and creditors.

Some Peculiarities of a Crime Committer Identity and Role within the Framework of Criminal Law Combating of Terrorism Financing

The article substantiates the need for differentiation of responsibility depending on the contribution to the crime and the level of public danger of the offender. The author notes the appropriateness of taking into account the functional role of the person in the criminal chain and the varying amount of funding. Attention is paid to the consideration of differences in the characteristic properties of the personality of the terrorist executor and the person who finances terrorism. The problem of the proportionality of the act and punishment for committing the financing of terrorism is identified and its solution is proposed. The necessity of changing the position of the legislator on this issue to achieve the goals of punishment is justified. The author also substantiates the advisability of introducing the concepts of “financier” and “sponsor” into the field of scientific doctrine and legislation.