Features of the legal status of the temporarily occupied territories: comparative and legal aspect

2021 ◽  
pp. 136-144
Author(s):  
Yа. Kushnir
Keyword(s):  
Legal Status ◽  
Legal Aspect ◽  
Demarcation Line ◽  
Distinctive Features ◽  
Occupied Territory ◽  
The Status ◽  
Occupied Territories ◽  
The Republic ◽  
Definition Of ◽  
Republic Of Cyprus

The author of the article makes a comparative legal description of Ukrainian temporarily occupied territories’ legal status through the prism of the international experience that the Republic of Cyprus and Georgia had. Normalization of the legal status of the temporarily occupied territories of Ukraine is a priority of the national legislator. However, the question is how effective this direction is. Scientific research is being held to find the answer to this question. It is carried out due to identifying common and distinctive features of the law enforcement practice of the Republic of Cyprus, as one of the longest and most successful examples of counteracting the temporary occupation. The absence of a legal definition of the status of the temporarily occupied territories of Cyprus is established within the framework of national legislation. Moreover, the demarcation line is characterized and the order of crossing the demarcation line is established. Common and distinctive features of normalization of this array of public relations are determined. In disclosing the results of this part of the study, the author establishes an approach to the definition and consolidation of the temporarily occupied territories of Ukraine concerning specific values that are defined by national and international law. Further explorations of the study are conducted taking into account the practice of Georgia, a country whose practice was taken into account directly in the development of national regulators of the status of the temporarily occupied territory. In the course of the research, the author reveals the reasons why the temporarily occupied territories appeared and their consequences for Georgians. The normative basis for settling this issue is singled out, the impossibility of the order of entry / exit to/from the temporarily occupied territory, the responsibility for violating the order of crossing the demarcation line is substantiated. Particular attention is paid to the common features of the definition of the temporarily occupied territories of both states, and the distinctive features of further regulation.

scholarly journals Legal Regulation of the Status of a Sportsman in a Subject of the Russian Federation (On the Example of the Republic of Mordovia)

2021 ◽  
Vol 7 (1) ◽  
pp. 257-361
Author(s):  
N. Davydova ◽  
T. Khudoikina
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Healthy Lifestyle ◽  
Legal Regulation ◽  
Physical Culture ◽  
Federal Programs ◽  
Distinctive Features ◽  
The Status ◽  
The Russian Federation ◽  
The Republic

The relevance of the chosen research topic is due to the fact that in recent years in the constituent entities of the Russian Federation great attention is paid to physical culture and sports, federal programs for the development of physical culture and sports are being developed and implemented, sports facilities are being built for all categories of citizens. There is an active promotion of a healthy lifestyle, in connection with which, an interest in regular sports has been entrenched in society. The purpose of the study is to analyze the legislative regulation of the legal status of a sportsman in the constituent entity of the Russian Federation, since each region has its own distinctive features. To achieve the goal, the authors set the tasks to study the legislation on sports of the Republic of Mordovia. The article considers the current regional regulatory legal acts.

scholarly journals CONSTITUTIONAL LEGAL STATUS OF PRESIDENTS OF THE REPUBLIC OF UZBEKISTAN AND THE USA (COMPARATIVE LAW ANALYSIS)

2016 ◽  
pp. 0-0
Author(s):  
Миравзал Миракулов ◽  
Miravzal Mirakulov
Keyword(s):  
Legal Status ◽  
Comparative Law ◽  
Veto Power ◽  
Distinctive Features ◽  
The Status ◽  
The Usa ◽  
The Republic ◽  
The Government ◽  
The Right ◽  
Commander In Chief

The article provides comparative law analysis of constitutional legal statuses of Presidents of the Republic of Uzbekistan and the USA. The analysis is conducted per respective provisions of the constitutions of the countries in question and per such criteria as form of government, form of rule, presidential elections and powers, qualifications, established for candidates for presidency. Thus, special attention is paid to various peculiarities of the legal status of the institute of presidency of the countries in question, in particular, regarding such issues as participation in the formation of the upper chamber of parliament, ministries and other State administrative bodies, interaction with the parliament and the judicial branch, powers in defense and security sectors, international relations, law making etc. Thus, the author identifies such distinctive features of the institute of presidency in Uzbekistan, as the existence of the post of Prime Minister and responsibility of the Government before the parliament and President; that the President possesses arbitration and integrative, coordinating and guaranteeing functions; the right to legislative initiative, dissolution of Parliament, convocation of the referendum, appointing and dismissing heads of local executive authorities; the status of President allows holding office of a Senate member during good behavior upon the expiry of the term. On the basis of an astute comparative analysis the author also reveals a number of similar characteristics in the institutes of presidency in the USA and Uzbekistan, such as age qualifications, the right to the address to parliament, participation of the Senate in appointing, approving and electing functionaries, presented by President, the veto power, as well as the status of the Commander-in-Chief.

The Legal Status of Local Government in South Africa under the New Constitutional Dispensation

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Mbuzeni Mathenjwa
Keyword(s):  
South Africa ◽  
Local Government ◽  
Legal Status ◽  
Case Law ◽  
The Status ◽  
History Of ◽  
The Republic ◽  
First Time

The history of local government in South Africa dates back to a time during the formation of the Union of South Africa in 1910. With regard to the status of local government, the Union of South Africa Act placed local government under the jurisdiction of the provinces. The status of local government was not changed by the formation of the Republic of South Africa in 1961 because local government was placed under the further jurisdiction of the provinces. Local government was enshrined in the Constitution of the Republic of South Africa arguably for the first time in 1993. Under the interim Constitution local government was rendered autonomous and empowered to regulate its affairs. Local government was further enshrined in the final Constitution of 1996, which commenced on 4 February 1997. The Constitution refers to local government together with the national and provincial governments as spheres of government which are distinctive, interdependent and interrelated. This article discusses the autonomy of local government under the 1996 Constitution. This it does by analysing case law on the evolution of the status of local government. The discussion on the powers and functions of local government explains the scheme by which government powers are allocated, where the 1996 Constitution distributes powers to the different spheres of government. Finally, a conclusion is drawn on the legal status of local government within the new constitutional dispensation.

scholarly journals COUNTERING TEMPORARY OCCUPATION: INTERNATIONAL ASPECT, FOREIGN EXPERIENCE, AND NATIONAL REALITIES

2021 ◽  
Vol 74 (1) ◽  
pp. 10-19
Author(s):  
Yaroslav Kushnir ◽  
Keyword(s):  
Turkish Republic ◽  
Sovereign State ◽  
State Regulations ◽  
Foreign Experience ◽  
Complex Concept ◽  
Northern Cyprus ◽  
Long Time ◽  
Occupied Territories ◽  
The Republic ◽  
Republic Of Cyprus

This article provides a comprehensive study in areas of counteraction to the temporarily occupied territories of a sovereign state. Regulations, doctrinal approaches, international experience serve as a subject to this study in the context of a set of functional national activities of states that have faced the issue of territories’ separation. Particular attention is paid to foreign experience in counteracting the temporary occupation through the prism of the Republic of Cyprus which held an activity to counter the so-called Turkish Republic of Northern Cyprus, as one of the most successful examples of confrontation with the temporarily occupied territories for a long time and comparing Ukraine's activities in this field. To this end, the author conducts a comprehensive analysis of measures aimed at combating the spread and recognition of the temporarily occupied territories of the Republic of Cyprus, as well as the scientific achievements of international scientists who have studied this issue. Analyzing these objects, the author carries out the qualification based on the criteria of differentiation of measures accepted by foreign scientists and determines which measures were implemented to solve the same problem in Ukraine. Given the personal experience of operational and service activities of the author and a deep awareness of this topic, it is proposed to expand the generally accepted areas of counteraction. The author provides the grounding of additional direction on how to counter the expansion and recognition of the Ukrainian temporarily occupied territories, disclosing a complex of measures which were, and can be introduced for its realization. The result of this study is the formation of the author's approach to defining the complex concept of «counteraction to temporary occupation», the formation of a list of national measures to combat the temporarily occupied territories, and their classification, as well as proposals for the most effective countermeasures and their further use in law enforcement.

scholarly journals КОНСТИТУЦИЯ РЕСПУБЛИКИ КАЗАХСТАН: ЕДИНСТВО, УСТОЙЧИВОСТЬ И ПРОЦВЕТАНИЕ (CONSTITUTION OF THE REPUBLIC OF KAZAKHSTAN: UNITY, SUSTAINABILITY AND PROSPERITY)

2020 ◽  
Author(s):  
Venera Nauryzova ◽  
Umit Kairova
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Political System ◽  
Legal Status ◽  
The Political ◽  
Government Agencies ◽  
The Status ◽  
The Media ◽  
The Republic ◽  
State Organizations

The article examines the history of the development of the Constitution and the status of constitutional values, the rule of law. The foundations of the constitutional reform have been determined. The political system of the state is clearly spelled out in our constitution. At the same time, this law for the first time describes the core of the political system - the presidential system. Today we can say that our Constitution and laws allow us to stimulate creativity and entrepreneurship. This norm defines the main purpose, the scope of public relations to be regulated by constitutional laws, laws, Presidential Decrees, regulations of government agencies of the Republic of Kazakhstan. Attention should be paid to the role, meaning and features of the Constitution of the Republic of Kazakhstan as the main document of the country. In addition, it tells about the adoption of our Constitution, its achievements, measures to prove that Kazakhstan is a legal state. As soon as the draft of the new Constitution was published in the media for public discussion, it can be said that in fact the whole country began its work. It is said that the Constitution of the Republic is the initiator of a new stage of constitutional development, which has a high legal force and stability, strengthens and regulates the basic social relations in the field of legal status of citizens, civil society institutions, state organizations and government agencies.

scholarly journals Implikasi Putusan Mahkamah Konstitusi Terhadap Pembubaran Partai Politik Di Indonesia

2018 ◽  
Vol 4 (2) ◽  
pp. 227-239
Author(s):  
Hasir Budiman Ritonga
Keyword(s):  
Political Parties ◽  
Supreme Court ◽  
Legal Status ◽  
Judicial Power ◽  
Constitutional Court ◽  
The Supreme Court ◽  
The Status ◽  
Party Members ◽  
The Republic

Judicial power in Indonesia under the 1945 Constitution of the Republic of Indonesia shall be exercised by the Supreme Court and the Constitutional Court. One of the authority of the Constitutional Court according to the 1945 Constitution of the Republic of Indonesia is to decide the dissolution of political parties. The facts in the current Indonesian system of ketatanegaran no cases of political parties that were dissolved through the decision of the Constitutional Court, it's just that the problem is when the Constitutional Court uses its authority to break the dissolution of political parties there are things that are formal juridically there is no clear rules, such as the legal status of party members who are not directly involved in the violation committed by the party and the status of party members who hold the position of members of the legislature both at the center and in the regions. So for that must be resolved by emphasizing the certainty, justice and benefit in the decision of the constitutional court

scholarly journals DIMENSI KETERLIBATAN RELAWAN SOSIAL PADA PENYELENGGARAAN PELAYANAN KESEJAHTERAAN SOSIAL KEMENTERIAN SOSIAL REPUBLIK INDONESIA

Sosio Informa ◽  
2021 ◽  
Vol 7 (1) ◽  
Author(s):  
Habibullah habibullah ◽  
Keyword(s):  
Social Welfare ◽  
Social Institutions ◽  
Community Group ◽  
Four Dimensions ◽  
General Terms ◽  
The Status ◽  
The Republic ◽  
The Government ◽  
Definition Of ◽  
Social Affairs

Social volunteers are one of the human resources having an important role in the implementation of social welfare. According to Regulation number 16/2017 (Permensos No. 16/2017) of The Minister of Social Affairs of The Republic of Indonesia, Social volunteer is a person and a community group with or without background in social works, but carrying out activities in the field of social welfare of their own accord, not in the government social institutions, with or without emolument. There are not many research results examining Social volunteer in general terms under the supervisiom of the Ministry of Social Affairs of the Republic of Indonesia (Kemensos RI). Therefore, the problem of this article is how the dimensions of social volunteer interaction at Kemensos RI are like, The purpose of this article is to describe in general thedimensions of social volunteer interaction at Kemensos RI, using a literature review. The definition of a social volunteer is not quite right because, in reality, most of the social volunteers are individuals and work in social institutions. The involvement of social volunteers at Kemensos RI is not only determined by Kemensos RI but also by an interaction between the consideration of Kemensos RI and that of social volunteers. In the consideration of Kemensos RI, there are four dimensions, namely the decision to use volunteers, the number of volunteers, the contribution of volunteers to Kemensos RI, and the status of volunteers at Kemensos RI. Meanwhile, the consideration of volunteers is the change of volunteers from their organization, factors and diversity, the intensity and duration of their commitment as well as the quality of their works. This article recommends the consideration of Kemensos RI to use social volunteers not only to pursue a target quantity of social volunteers, but also to consider the quality and interaction of consideration between Kemensos RI and social volunteers so that there is a mutually beneficial relationship between Kemensos RI and social volunteers. Keywords: social volunteers, Ministry of Social Affairs Republic of Indonesia, social welfare, dimension

scholarly journals EFFECTS OF VOLATILE ORGANIC ALKILNYTRITIS COMPOUNDS ON THE ORGANISM AND THE POSSIBILITY OF THEIR FORENSIC CHEMICAL DETECTING

2019 ◽  
pp. 534-539
Author(s):  
D. Sopin
Keyword(s):  
Chemical Analysis ◽  
Legal Status ◽  
Diagnostic Value ◽  
Upper Respiratory Tract ◽  
Mass Selective Detector ◽  
Psychotropic Substances ◽  
Alkyl Nitrites ◽  
The Republic ◽  
Definition Of ◽  
Alkyl Nitrite

The article reviews and summarizes theoretical issues related to the abuse of inhalants, provides data on the pharmacological and toxic effects, the legal status of the substances under study, the chemical analysis of alkyl nitrites. The risk to human health is associated with the ability of alkyl nitrites to cause methemoglobin, changes in organs and systems, including myocardial dystrophy, chronic inflammation of the upper respiratory tract. The use of isopropyl nitrite can cause damage to the retina, maculapathy. ”Poppers” is a subgroup of volatile substances – alkyl nitrites, represented by compounds or mixtures and contain more than one alkyl nitrite, mainly: butyl nitrite, isobutyl nitrite or amyl nitrite, isopentyl nitrite, or 2-methyl butyl nitrite. On the Internet market they are presented under the following slang names: amyls, hardware, liquid gold, locker room, rock hard, rush, snapper, TNT . Chemico-toxicological analysis is carried out by chromatography methods – the vapor phase analysis with identification on a flame-ionization or mass-selective detector is used. Blood, in cases of deadly intoxication, lung tissue are the best objects. One of the signs of using alkyl nitrites is the formation of methemoglobin, the definition of which has an important diagnostic value. Joint detection of metabolites of alkyl nitrites and methemoglobin may indicate the possible use of alkyl nitrites. The legal status of alkyl nitrites in most countries varies from free use to medical prescription sales. In the Republic of Kazakhstan, alkyl nitrites are not under the control of the law “On Narcotic Drugs, Psychotropic Substances, Their Analogues and Precursors, and Measures to Counteract Their Illicit Circulation and Abuse”. Their abuse is a concern because of their detrimental health effects. Key words: alkyl nitrite, toxicomania, poppers, methemoglobinemia, maculopathy, forensic expertise, research, chemical analysis.

scholarly journals Legal status of the pharmacy practice in the European Union and the Republic of Macedonia

2012 ◽  
Vol 58 ◽  
pp. 53-64 ◽  
Author(s):  
Jasmina Patcheva ◽  
Kristina Mladenovska ◽  
Lidija Petrusevska Tozi
Keyword(s):  
Pharmaceutical Care ◽  
Legal Status ◽  
Pharmacy Practice ◽  
Professional Services ◽  
Point Of View ◽  
The European Union ◽  
Republic Of Macedonia ◽  
Hospital Pharmacies ◽  
The Status ◽  
The Republic

From a historical point of view, one can notice that the role of the pharmacists employed in community and hospital pharmacies became more complex. Today, they do not only supply, store, prepare and dispense medicines with ensured quality, but they also provide professional services based on the concept of pharmaceutical care and good pharmacy practice. In this paper, detailed review on the current legislative regulating the status and practice of the community and hospital pharmacies in some EU-member countries and in Macedonia is given. The implementation of the concept of pharmaceutical care and good pharmacy practice in selected EU member-countries, Great Britain, Germany and Slovenia, and in Croatia as a future EU member as well as in Macedonia is also discussed. In addition, set of recommendations for establishing the good pharmacy practice standards is prepared and presented. At the end, an attempt is made to establish a basis for development a modern Law on Pharmacy Practice in the Republic of Macedonia.

Legal Status of Advocates in the Republic of Cyprus

2018 ◽  
Vol 18 (2) ◽  
pp. 41-47
Author(s):  
N.A. Shchegoleva ◽  
◽  
D.V. Byrledianu ◽  
Keyword(s):  
Legal Status ◽  
The Republic ◽  
Republic Of Cyprus
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