scholarly journals COMPLIANCE OF THE LEGAL NATURE OF SOME SUBJECTS OF FAMILY LAW OF UKRAINE WITH INTERNATIONAL STANDARDS

2020 ◽  
pp. 164-167
Author(s):  
I.S. Timush ◽  
O.V. Khomchenko
Keyword(s):  
Family Law ◽  
International Standards ◽  
Legal Nature

Legal nature of individual proceedings in cases of granting the right to marriage

2021 ◽  
pp. 88-93
Author(s):  
T.M. Balyuk
Keyword(s):  
Family Law ◽  
Adoptive Parent ◽  
Intangible Asset ◽  
Scientific Article ◽  
Adopted Child ◽  
Legitimate Interest ◽  
Civil Proceedings ◽  
Legal Nature ◽  
Specific Material ◽  
The Right

The scientific article is devoted to the study of the legal nature of separate proceedings in cases of granting the right to marry.It is established that a separate proceeding as a type of non-litigious civil proceedings is characterized by: 1) the absence of a dispute about the right, which, at the same time, does not exclude the existence of a dispute about the fact; 2) a special object of judicial protection – a legally protected (legitimate) interest, which is the needs and aspi-rations to use a specific material and (or) intangible asset, which may or may not be mediated by a certain subjective right. Protection of legally protected (legal) interest is carried out by the court by deciding on the presence or absence of legal facts relevant to the protection of rights, freedoms and interests of a person or creating conditions for the exercise of personal non-property or property rights or confirmation of the presence or absence of undisputed rights.It is determined that a separate proceeding in cases of granting the right to marry is a type of non-litigious civil proceedings for consideration of applications for confirmation of the presence or absence of legal facts that are im-portant for creating conditions for a person’s right to marry. It is substantiated that the legal nature of separate proceedings in cases of granting the right to marry is a set of substantive grounds for granting the right to marry and features of the procedural form of consideration by the court of relevant applications that mediate changes in family law. The court, establishing the presence or absence of legal facts, decides to grant a person the right to marry, thereby expanding the family law capacity of such a person due to the ability to exercise the right to marry before reaching marriageable age or marry between the adopter’s adopted child and the adopted child, as well as between children who have been adopted by an adoptive parent.

scholarly journals Features of legal nature Financial Action Task Force on Money Laundering FATF

2020 ◽  
pp. 370-374
Author(s):  
Оlga Pereverzyeva ◽  
Vasif Gadjiev
Keyword(s):  
Money Laundering ◽  
Large Scale ◽  
Task Force ◽  
International Standards ◽  
Intergovernmental Organization ◽  
Successful Work ◽  
Legal Nature ◽  
Organization Analysis ◽  
The Status ◽  
Financing Of Terrorism

The article is devoted to the peculiarities of the legal nature of FATF, the process of its creation, the legal principles of activity,as well as the speciality of its legal entity. Attention is also devoted to the main Conventions, which were signed on the eve of The FirstWorld War and after The Second World War and shows the main preconditions and reasons for the creation of the intergovernmentalorganization FATF.The ongoing growth of the drug business, the expansion of its geographical boundaries, increasingly sophisticated and dangerousforms of this criminal business, the struggle of states on large-scale crime related to the legalization of criminal proceeds led to the creationof FATF and it achieved important results in this area.FATF cannot be considered by an international organization because it has not been established on the basis of an internationaltreaty and does not have an approved statute. However, despite this, FATF has a decision to establish a group – this is the legal basisfor its activities and is an intergovernmental organization. Analysis of FATF’s activities shows that FATF’s initial priority was to combatlaundering of proceeds from drug trafficking. Today FATF’s activities have three main directions: expanding the actions of its adoptedrecommendations to all continents and regions of the globe; checking how member states are executed and how anti-money launderingmeasures are implemented in other states, based on 40 plus 9 FATF recommendations that are guidance to action; tracking worldwidemethods and schemes of laundering criminally used capital and developing countermeasures. To date, a set of 40 FATF recommendationsand 9 Special Recommendations for Countering The Financing of Terrorism is a set of universal standards that lead to a successfulfight against money laundering. The new version of this document was adopted in 1996, 2003 and 2012. One of FATF activities is todefine so-called non-cooperative countries and territories and make their list, which is called the «blacklist». Although the country’sinclusion in the “blacklist” does not lead to the application of sanctions by the world community, it indicates a degree of trust in it onthe part of foreign investors. Lacking the status of an international legal act, FATF’s recommendations in practice received generalrecognition as universal international standards in the field of anti-money laundering. Successful work on counteracting the launderingof dirty funds should be carried out simultaneously at two levels – at international and national levels. FATF functions – to monitor theprocesses of implementation of such measures, to study ways and techniques of money laundering, to develop preventive and preventivemeasures, to promote the global implementation of anti-money laundering standards. FATF’s recommendations in practice receivedgeneral recognition as universal international standards in the field of anti-money laundering. Every year FATF organizes meetings onthe analysis of methods and trends related to combating the laundering of criminal proceeds and financing of terrorism.

scholarly journals Criminal Sanctions for Legal Entities in the Law of the Republic of Serbia

2020 ◽  
Vol 10 (10) ◽  
Author(s):  
Dragan Jovašević
Keyword(s):  
20Th Century ◽  
Criminal Liability ◽  
The State ◽  
International Standards ◽  
Security Measures ◽  
Criminal Sanctions ◽  
Criminal Offenses ◽  
Legal Nature ◽  
The Law ◽  
The Republic

In 2008, the Republic of Serbia adopted a special Law on Liability of Legal Persons for Criminal Offenses. In doing so, on the basis of the international standards contained in the relevant international documents, it joined a large number of countries that introduced criminal liability of legal persons for crimes committed in addition to their responsible persons at the end of the 20th century. For legal persons, the law prescribed a disparate system of criminal sanctions in response to the state-society’s response to such unlawful and punishable conduct. The system of criminal sanctions in the law of the Republic of Serbia includes: penalties, probation and security measures. The law defined the concept, character, legal nature, manner, procedure, pronouncement and execution of criminal sanctions, whose characteristics this particular work speaks of.

scholarly journals THE MODERN STATE OF SCIENTIFIC THOUGHT ISIN RELATION TO SUBJECTS OF CORPORATIVE LAW

2020 ◽  
pp. 38-41
Author(s):  
N. V. Shcherbakova
Keyword(s):  
Legal Status ◽  
International Standards ◽  
Modern State ◽  
Scientific Thought ◽  
Economic Relations ◽  
Legal Nature ◽  
Legal Forms ◽  
Market Relations ◽  
Selection Of ◽  
Legal Entities

The article is devoted research of question of the modern state of scientific thought in relation to studies about subjects of corporative law. There is actuality of theoretical and practical value of select problems, taking into account prevalence of different legal forms of legal entities in an economic turn. The analysis of becoming and development of studies is conducted about subjects of corporative law. Specified, that transition of Ukraine from administratively command system to the market relations caused the appearance of new legal forms conducts of economic activity, which got partial embodiment in a national legislation which must was have time after stormy development of economic relations and design the most adequate forms of realization of business. It is rotined that the multidimensionalness of legal description of subjects of corporative law predetermines appearance of different scientific looks and approaches. It is set that the modern state of studies about subjects of corporative law is characterized the presence of civil legal and economic legal approaches among which an author is select narrow and wide interpretation of circle of subjects of corporative law. It is found out, that such selection predefined by certain factors, in particular, by establishment of a particular branch belonging of corporative legal relationships, its’ legal nature and content, and also it is well-proven that list of participants, subjects of corporative legal relationships related to the selection of interests of the proper circle of persons, their defence. Generalization is done, that the perspective is see subsequent research of problems of subjects of corporative legal relationships both in part of decision of general circle of these subjects and features of legal status of commercial companies, legal entities of corporative type created in different legal forms, taking into account importance of such developments, by conditioned euro-integration steps between Ukraine and EU in the sphere of legislation about companies and corporative management, and by adduction the legal adjusting over of activity of corporations to the requirements of international standards and gradual rapprochement with the rules of EU.

scholarly journals Sanctions as a legal phenomenon in the law of Ukraine and international standards of their application

2021 ◽  
pp. 73-86
Author(s):  
Nataliia Iakymchuk
Keyword(s):  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Legal Responsibility ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Legal Nature ◽  
The Law ◽  
Restrictive Measures ◽  
Legal Entities

The article examines the theoretical and practical issues of application of the Law of Ukraine «On Sanctions» of August 14, 2014 and analyzes the existing views on the legal nature of such «legal phenomenon» as sanctions - special economic, financial and other restrictive measures (sanctions) provided by this Law. The article specifies the main issues facing the researchers of the Institute of Sanctions. The purpose of the article is coverage of the state of legal regulation and legal nature of such a phenomenon as sanctions (economic, financial) in the right to Ukraine. In order to achieve this goal, the author used a set of general and special methods that are characteristic of legal science. The article covers the issue of Ukraine's sovereign right to protection, in particular through the application of economic and other restrictive measures (sanctions) «to protect national interests, national security, sovereignty and territorial integrity of Ukraine, counter terrorist activity, as well as prevention of violations, restoration of violated rights and freedoms and legitimate interests of citizens of Ukraine, society and the state». The range of subjects against which sanctions can be applied has been studied, namely: a) foreign states; b) foreign legal entities; c) legal entities under the control of a foreign legal entity or a non-resident individual, foreigners, stateless persons; d) entities engaged in terrorist activities. Sanctions are defined as legal measures to respond immediately to violations of various rights, from encroachment on state sovereignty to the commission of a crime of an international nature, which are temporary, which are applied primarily through coercive measures, which are implemented using constitutional, financial, administrative, economic, criminal procedural, executive, economic procedural and other branches of law. The issues of the grounds for application of sanctions, their types and criteria for their delimitation, the term of application of sanctions, as well as the range of authorized entities in the field of their application are covered. The main approaches of scholars to the characterization of sanctions as measures of influence are investigated. It is noted that sanctions are measures of influence different from measures of legal responsibility, which may have a "non-criminal" nature. It is stated that sanctions are measures of influence that are applied, albeit in parallel, but in a systematic connection with the criminal prosecution imposed by the state or executed by it as a subject of international cooperation in the fight against crime. Their application is, firstly, due to the decision at the international or regional level on the application of international economic (financial) sanctions, personal sanctions in the course of criminal prosecution for acts of an international crime. However, Ukraine is obliged to adhere to international standards of the legal mechanism for the application of sanctions at the domestic level, to improve the procedural principles of their application, appeal procedures and amendments to the decision. We consider the participation of the Commissioner for Human Rights in the process of reviewing the decision on the application of sanctions and appealing the decisions necessary. Amendments to the Law of Ukraine "On Sanctions" are proposed in order to establish among the necessary grounds for the application of sanctions to individuals the opening of criminal proceedings against them, and for legal entities - the opening of criminal proceedings against related persons, as well as amendments to the Criminal Procedure Code of Ukraine, as it does not contain provisions on such preliminary measures (securing and stopping) as "sanctions". In addition, in general, the sanctions procedure requires greater transparency, and it is concluded that sanctions can be applied to Ukrainian citizens only if they are suspected of involvement in terrorist activities.

scholarly journals Legal nature of the ivsc international standards

2021 ◽  
pp. 171-177
Author(s):  
T.V. Shapoval
Keyword(s):  
European Union ◽  
Economic Consequences ◽  
International Standards ◽  
Property Value ◽  
Market Participants ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Legal Nature ◽  
Royal Institution ◽  
Fair Market Value

The article is focused on legal nature of International Valuation Standards Committee (renamed to International Valuation Standards Council in 2008) and implementation of its valuation standards by states and international organizations. The paper concentrates on legal gaps regarding the application aspects of property value calculations in international law. Treaties do not provide substantial determinacy, include no instruction or the appropriate methodology on numerous calculation issues and typically set forth only basic standard of valuation such as standard of fair market value of property for the calculation of compensation. It shows that lack of standards for determining awards of compensation creates a source of uncertainty for protection in international public law. The issue discusses a framework where international valuation standards of international non-governmental organizations are given legal weight and serve as guidelines for the calculation of awards. After establishing the legal basis for an award, tribunals use their impression of valuation best practices as well as discretion to conduct the analysis. The result depends on the assumptions and philosophy of the adjudicating tribunal. It is emphasized that international arbitration practice in measures of compensation should be based on principles of fairness and reasonableness. Part of the issue is based on Directive of European Union with provisions that valuation standards of states should take into account internationally recognised valuation standards, in particular those developed by the International Valuation Standards Committee, the European Group of Valuers’ Associations or the Royal Institution of Chartered Surveyors. Member states of  European Union admitted valuation standards of international non-governmental organizations as reliable standards for the credit purposes after the financial crisis, which has shown that irresponsible behaviour by market participants can undermine the foundations of the financial system leading to potentially severe social and economic consequences.

scholarly journals Legal nature of the leasing agreement and its peculiarities

2021 ◽  
pp. 118-122
Author(s):  
Y.O. Ignatiuk
Keyword(s):  
Legal Framework ◽  
Important Task ◽  
International Standards ◽  
Investment Activity ◽  
Developed Economies ◽  
Investment Financing ◽  
Enterprise Search ◽  
Legal Nature ◽  
Modern Economic ◽  
Post War

The article examines the legal nature of leasing in Ukraine. The issues of scientific analysis of the essence and mechanism of civil renewal of legal transformed regulation of the economics of leasing research legal relations in traditional Ukraine are considered. In the capital of modern economic instability in the means of Ukraine’s economy, the urgency of regulation acquires the issue of developed effective responsibilities and rational legal use of existing resources, investment, procurement, enterprise, search for effective funds, methods of accelerated legal development destroyed equipment is the case of the development of a developed lease relationship, the state in particular the financial entrepreneur. Investment leases help countries entrepreneurs who cope with the most economically important task due in the financial business - leasing constant financial renewal risks means synonymous with production and production maintaining them develops at a developed proper due level dynamically mastering develops.It is the loan due to the investment leased post-war mastery of Germany and equipment developed by Japan turned accelerated from the need for economically sound destroyed Germany states into a legal country with a mechanism of strong which and funds developed loan economy leasing. In the financing of countries with major developed economies to prove the task of one of the main lending types of investment investment regulation is used leasing.For Ukraine, this type of activity is relatively new, but is actively developing. Therefore, there is a need to bring Ukrainian legislation governing leasing relations in line with international standards and to define their clear legal criteria.It is also worth noting that the increase in investment activity in Ukraine will be largely determined by the presence of conditions attractive for the development of new forms of investment financing, including leasing. Therefore, providing the legal framework for the regulation of leasing relations is an extremely important task of the legislator.

scholarly journals THE LEGAL NATURE OF FAMILY LAW AGREEMENTS AND THEIR PLACE IN THE LEGAL FACT SYSTEM

2021 ◽  
pp. 42-48
Author(s):  
T.A. Philippova ◽  
E.P. Titarenko ◽  
A.D. Darkhambaeva
Keyword(s):  
Family Law ◽  
Civil Law ◽  
Scientific Work ◽  
Legal Thought ◽  
Legal Nature ◽  
The Family ◽  
Legal Fact

The article shows discussion issues regarding the place of family law agreements in the classificationof legal facts. The authors also bring to the discussion the question of the legal nature of the family lawagreement. The scientific work presents an anthology of legal thought about family legal relations of theSoviet period, as well as a brief retrospective of its development in the last 20 years. The authors of the articledefine family law as an independent legal industry with its inherent features which also predefine the specialqualities of family law agreements that do not allow them to be identified with civil law contracts. The articleproposes to abandon the application of civil law in the regulation of family agreements.

scholarly journals ABOLITION OF FORCED LABOUR: CASE OF UZBEKISTAN

2021 ◽  
Vol 58 (1) ◽  
pp. 4564-4580
Author(s):  
Odiljon Sulaymanov, Jurabek Rasulov
Keyword(s):  
Labor Relations ◽  
Criminal Code ◽  
International Standards ◽  
National Commission ◽  
National Legislation ◽  
Legal Nature ◽  
Labour Standards ◽  
The Republic ◽  
Forced Labour ◽  
International Labour Standards

The article analyzes the legal problems in the implementation of international labour standards on the abolition of forced labour in the national legislation of the Republic of Uzbekistan. Fundamental documents of the International Labour Organization on the abolition of forced labour – the legal nature of the Forced Labour Convention No.29, 1930 and the the Abolition of Forced Labour Convention No.105, 1957, the content of national legislation on this issue. The practice of assimilation of the provisions of international agreements on labor issues, which are legally binding for Uzbekistan, into national legislation, the compliance of some issues regulated by the legislation of the Republic of Uzbekistan on labor relations with the norms of international documents has been studied. As a result of the study, conclusions were made on improving the legislation on labor, criminal and administrative liability, as well as amendments to Article 7 of the Labor Code, Article 1482 of the Criminal Code and Article 51 of the Code of Administrative Liability, the Law of the Republic of Uzbekistan "On Employment" and were some suggestions on the appropriateness of making additions. Recommendations were made to amend the national legislation to abolition of forced and compulsory labour in order to bring it in line with international standards. The formation of institutional mechanisms for countering forced labour in Uzbekistan was studied in three periods, the specifics of each period, the functions of the established mechanisms, and the effectiveness of their activities were analyzed. In particular, the tasks of the National Commission for combating human trafficking and forced labour, created by the Decree of the President of the Republic of Uzbekistan No. PD-5775 dated July 30, 2019, and the Institute of the National Rapporteur are set out.

scholarly journals The Legal Regulation of Protection of the Rights and Interests of the Parties to Alimony Obligations

Legal Concept ◽  
2021 ◽  
pp. 116-122
Author(s):  
Gulnara Dzhumagazieva
Keyword(s):  
Family Law ◽  
Legal Liability ◽  
Legal Regulation ◽  
Scientific Development ◽  
Legal Rights ◽  
Practical Implementation ◽  
Legal Nature ◽  
Modern Family ◽  
Rights And Interests

Introduction: the paper analyzes the institution of alimony obligations, namely, the protection of the legal rights and interests of the parties in the event of alimony relations between them. The purpose is to determine the essence and importance of alimony obligations and protect the rights of the parties to alimony legal relations under modern family law. In this regard, the author analyzes the concept and legal nature of alimony obligations in family law of the Russian Federation, and also considers the application of legal liability measures in alimony obligations. Using the methods of scientific knowledge, the author analyzed the legal nature of alimony obligations, as well as the application of legal liability measures in this area in order to identify the ways to improve the protection of the rights and interests of the parties in the field of alimony obligations. Results: the insufficient scientific development of a number of issues related to the characterization of alimony obligations and liability of persons who violate them negatively affects the understanding of the legal nature of such liability, reduces the efficiency of its application and serves as an obstacle to further improvement of the relevant section of the family legislation. Conclusions: the analysis of the legal consolidation and practical implementation of measures of responsibility for non-performance or improper performance of alimony obligations is an essential part of the science of family law. The applicable rules of liability are regulated by a whole set of legal acts of various branches of industry, and the differentiation of such measures is implemented in different ways in modern law.

Sign in / Sign up

Export Citation Format

Share Document