scholarly journals Criminal-legal ensuring of freedom of religion in modern conditions: a comparative analysis

2021 ◽  
Vol 39 (68) ◽  
pp. 620-649
Author(s):  
Sophia Ya. Lykhova ◽  
Borys D. Leonov ◽  
Tetiana D. Lysko ◽  
Natalya K. Shaptala ◽  
Sergiy I. Maksymov
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
International Standards ◽  
Freedom Of Religion ◽  
Legal Systems ◽  
Legal Method ◽  
Foreign Countries ◽  
The Subject ◽  
Constitutional Right ◽  
The Right

The article conducts a comparative criminal law investigation to ensure freedom of religion in Ukraine and some countries. The subject of the study is a person's right to freedom of religion guaranteed by the Ukrainian Constitution. In conducting this research, a comparative legal method was widely used, which allowed a two-tier analysis (empirical and theoretical) of the legal systems of Ukraine and some foreign countries in terms of ensuring freedom of religion under criminal law, to identify the originals and specific manifestations of such support, to determine the patterns of development of each country's criminal law. As a result of the investigation, some gaps and advantages of Ukrainian law were identified in terms of criminal law guaranteeing the right to freedom of religion. Itstates that Ukraine's modern criminal law generally complies with international standards for the protection of citizens' constitutional right to freedom of religion, but there are some shortcomings in terms of unequivocal understanding of the elements of crimes that violate freedom of religion, which are worth discussing.

„PACIJENTOVO PISMO“ KAO PRAVNI OSNOV ZA PRIMENU PASIVNE EUTANAZIJE

2021 ◽  
pp. 211-229
Author(s):  
Aleksandra Pavićević ◽  
Keyword(s):  
Living Will ◽  
Self Determination ◽  
Foreign Countries ◽  
Prolongation Of Life ◽  
The Subject ◽  
Constitutional Right ◽  
The Right ◽  
The Relationship ◽  
Domestic Law ◽  
Dying Patient

The subject of the paper is the relationship between the duties of physicians and other medical professionals towards the dying patient (as a provider of medical services) and the patient's right to personal choice and preservation of his own right to self-determination in relation to body and life, which is a special subjective civil right. The author discusses the legal-medical (but also ethical) issue of the patient's ability to freely decide not to agree to a medical measure of artificial prolongation of life or suspension of already started measures. The issue is examining the limits of the so-called permissibility of “passive euthanasia”, which is indirectly recognized in domestic law by the Law on Patients' Rights and the legal basis for its application in one particular modality, the so-called "Patient letter" (living will) which is an established legal instrument in some foreign legislation and practice. Analyzing the experience of some foreign countries, the author supports the introduction of such an institute - as a kind of anticipated directives in domestic law, referring to the patient's constitutional right to self-determination, which embodies the supreme good, even more valuable than (unwanted) life. Such a solution is in line with the principle of human will autonomy, freedom to dispose of life as a personal good, and potentially a reflection of the so-called "the right to die", which is the reverse of the right to life

NATIONAL AND INTERNATIONAL STANDARTS OF RIGHT TO PEACEFUL ASSEMBLY

2017 ◽  
Author(s):  
Alexander Kushnirenko ◽  
◽  
Alisа Aliyeva ◽  
Roman Michkivskyi ◽  
Varvara Stoyanova ◽  
...  
Keyword(s):  
International Law ◽  
Scientific Work ◽  
Legal Regulation ◽  
Current Status ◽  
European Court ◽  
Foreign Countries ◽  
The Subject ◽  
Constitutional Right ◽  
The Right ◽  
International Instruments

The article is devoted to problems of legal regulation and implementing the constitutional right of citizens to peaceful assembly in Ukraine. The authors represent the approaches of different scholars and international and national practices of realization citizens` right to peaceful assembly and summing up the results the authoors offer options for improving and optimization legislation on peaceful assembly. On the basis of international experience in regulating this institution in foreign countries, Ukraine has the opportunity to legislate and regulate the right to peaceful assembly, taking into account the provisions of the fundamental international instruments, which reflect the subject matter of this scientific work The authors' article analysed the current status of the constitutional and legal establishment of the right to peaceful assembly in Ukraine. The ways in which citizens exercise the right to peaceful assembly and the possibilities for the State to restrict this right to peaceful assembly in the interests of national security and public order in international practice have been studied. Much attention is given to the international legal regulation of the right to peaceful assembly, in particular the main international instruments which can be considered as sources of the formation of the law of this important legal institution through the prism of heavy and soft international law. The practice of settling disputes on the right to peaceful assembly by international judicial institutions, in particular the European Court of Human Rights, has also been examined.

scholarly journals A COMPARATIVE OVERVIEW OF DATABASE MANUFACTURERS’ PROTECTION OF RIGHTS IN THE CROATIAN AND SERBIAN LAWS

TEME ◽  
2020 ◽  
pp. 1055
Author(s):  
Nadežda Ljubojev ◽  
Marijana Dukić Mijatović
Keyword(s):  
Comparative Analysis ◽  
Legal Protection ◽  
Legal Method ◽  
The Subject ◽  
The Republic ◽  
The Right ◽  
Exclusive Right ◽  
The Eu

This paper analyzes the right of a database manufacturer which is the exclusive right that authorizes its holder to prohibit or permit another to use a particular database, i.e. the collection of regulated and systematized data, copyright works or other materials that are available electronically or otherwise. However, the database can be a collection in terms of the copyright of the collection, so it also represents the content of the analysis in this paper. The subject of comparative analysis are the provisions of the current regulations in the Republic of Croatia and the Republic of Serbia, and determining their compliance with the Directive 96/9/EC on the legal protection of databases. The analysis used a historical legal and normative legal method. Based on the analysis, the authors point out that the adopted solutions for the protection of databases in the EU greatly influenced the adoption of the corresponding regulations in the Republic of Serbia, concluding that the regulations governing this area in the Republic of Serbia are almost completely aligned with the EU regulations.

scholarly journals ORGANIZATIONAL ASPECTS OF FISCAL AUTHORITIES IN UKRAINE AND FOREIGN COUNTRIES: COMPARATIVE ANALYSIS

2019 ◽  
Vol 4 (5) ◽  
pp. 357
Author(s):  
Olena Tykhonova ◽  
Oleksandr Sviderskyi ◽  
Iryna Yefremova
Keyword(s):  
Comparative Analysis ◽  
The United States ◽  
International Standards ◽  
Executive Power ◽  
State Budget ◽  
Legal Method ◽  
Foreign Countries ◽  
Fiscal System ◽  
The Republic ◽  
The Uk

The aim of the article is a comparative legal study of the organizational aspects of fiscal authorities in Ukraine and in some foreign countries and so to determine ways to improve domestic legislation in this area. The subject of the study is the domestic and foreign experience of the structure and activity of fiscal authorities in such countries as the United States, the UK, France, the Republic of Latvia, the Republic of Belarus and Kazakhstan. Methodology. The study is based on the use of general scientific and special scientific methods and techniques of scientific knowledge. The historical method enabled to study the origin and formation of fiscal authorities in Ukraine. Analysis and synthesis enabled to interrogate the fiscal system of Ukraine and some foreign countries as a complex legal phenomenon, defining its essence, characteristics, and targets. The method of the system approach enabled to determine the place of individual fiscal authorities in the financial system of the country, to analyse their main responsibilities, functions and areas of activity. The comparative legal method enabled to analyse the experience of the organization and activities of fiscal authorities in foreign countries, as well as to define the ways of its implementation in the national legal system. The results of the study revealed that for today the experience of Ukraine in the organization of activity of fiscal authorities is rather progressive and modern, and the national fiscal system is characterized by consolidation of powers in coordinating and controlling taxation and customs, which defines progressiveness of our country. Practical implications. The positive experience of the fiscal organization in foreign countries suggests the expediency of including national fiscal authorities in a single centralized system of executive power, through the creation of a separate ministry. This will enable not only to improve the efficiency of generating the state budget but also in the future will lead to overcoming the gap between the tax-customs policy and its application results. Relevance/originality. A comparative analysis of the organizational aspects of fiscal authorities in foreign countries is the basis for developing priority areas for improving the fiscal system of Ukraine, identifying gaps in its work, as well as introducing in the activity of fiscal bodies the newest methods that can increase their level and bring them into line with international standards.

ENSURING THE RIGHT OF THE SUSPECT TO GET ACQUAINTED WITH THE CASE MATERIALS IN THECRIMINAL PROCESS

2021 ◽  
Vol 6 (2) ◽  
pp. 76-81
Author(s):  
Kamoliddin Mavlanov ◽  
Keyword(s):  
Comparative Analysis ◽  
Sufficient Time ◽  
Criminal Proceedings ◽  
Relevant Issue ◽  
Current State ◽  
Foreign Countries ◽  
Legitimate Interests ◽  
The Subject ◽  
Effective Organization ◽  
The Right

This article is aimed at protecting the rights and legitimate interests of a suspect in the course of criminal proceedings, during which it is his right to protection that has beeninvestigated. Awareness of persons defending their interests in criminal proceedings, based on the materials of work at the early stages of the process, affects the effective organization of protection. The subject, who is obliged to prove, will have to provide the suspect with sufficient time and conditions to organize his defense. The article uses a comparative analysis to study the current state of our national criminal procedure legislation on the relevant issue, the experience of developed foreign countries

scholarly journals LIFE AND THE RIGHT TO LIFE AS THE BASIC CONSTITUTIONAL RIGHT OF A PERSON

2021 ◽  
pp. 14-26
Author(s):  
Сібілла Булеца
Keyword(s):  
Human Rights ◽  
The State ◽  
Free Access ◽  
Structural Method ◽  
Right To Life ◽  
Legal Method ◽  
European Court ◽  
Foreign Countries ◽  
Constitutional Right ◽  
The Right

The purpose of this article is to study the concept of life and the constitutional right to life, define their essence, the relationship of these concepts, disclose their features, as well as the experience of the European Court of Human Rights in their protection. In the context of disclosing the subject of research to achieve the goal of scientific research and to ensure the completeness, objectivity, reliability and persuasiveness of the results, the author used a set of general and special methods that are characteristic of legal science. In particular, the origin and long historical path of development of these human rights were studied with the help of the historical method. The use of the system-structural method formulated the general structure of the study, and dialectical method analyzed the provisions of law and case law on the peculiarities of the right to life. Using a comparative legal method, the legislation of foreign countries was analyzed, which provided an opportunity to use their positive experience in terms of protection of the right to human life. This article reveals the scientific approaches of researchers to determine the essence of life, the right to life, death, identifying their features and distinguishing between them. The paper analyzes ways to protect the right to life. A great deal of the work is devoted to the analysis of the law enforcement practice of the European Court of Human Rights, both in general and on the feasibility of the existence of certain criteria for restricting the right to life. Based on the study, it is concluded that life and the right to life are similar concepts. It is argued that restrictions on the right to life due to a pandemic are possible if the disease is confirmed. In all other cases, the state must provide free access to coronavirus testing, in the case of a negative test, the opportunity to freely exercise the right to life. It is noted that a significant number of foreign countries provide for the right to life in the constitutions, but there are countries where the right to happiness or physical well-being is still being developed. It is well known that everyone has the right to happiness, which is different for everyone, so the creation of a mechanism to ensure and respect the right to life rests with the state and the individual.

Reflections on the existence of the science of criminal law

2021 ◽  
pp. 156-161
Author(s):  
I. Mytrofanov
Keyword(s):  
Social Justice ◽  
Public Relations ◽  
Criminal Law ◽  
The State ◽  
Crime And Punishment ◽  
Self Defense ◽  
Illegal Acts ◽  
The Subject ◽  
The Individual ◽  
The Right

The article states that today the issues of the role (purpose) of criminal law, the structure of criminal law knowledge remain debatable. And at this time, questions arise: whose interests are protected by criminal law, is it able to ensure social justice, including the proportionality of the responsibility of the individual and the state for criminally illegal actions? The purpose of the article is to comprehend the problems of criminal law knowledge about the phenomena that shape the purpose of criminal law as a fair regulator of public relations, aimed primarily at restoring social justice for the victim, suspect (accused), society and the state, the proportionality of punishment and states for criminally illegal acts. The concepts of “crime” and “punishment” are discussed in science. As a result, there is no increase in knowledge, but an increase in its volume due to new definitions of existing criminal law phenomena. It is stated that the science of criminal law has not been able to explain the need for the concept of criminal law, as the role and name of this area is leveled to the framework terminology, which currently contains the categories of crime and punishment. Sometimes it is not even unreasonable to think that criminal law as an independent and meaningful concept does not exist or has not yet appeared. There was a custom to characterize this right as something derived from the main and most important branches of law, the criminal law of the rules of subsidiary and ancillary nature. Scholars do not consider criminal law, for example, as the right to self-defense. Although the right to self-defense is paramount and must first be guaranteed to a person who is almost always left alone with the offender, it is the least represented in law, developed in practice and available to criminal law subjects. Today, for example, there are no clear rules for the necessary protection of property rights or human freedoms. It is concluded that the science of criminal law should develop knowledge that will reveal not only the content of the subject of this branch of law, but will focus it on new properties to determine the illegality of acts and their consequences, exclude the possibility of using its means by legal entities against each other.

Comparative analysis of the criminal legislation of the Republic of Azerbaijan and The Islamic Republic of Iran

2021 ◽  
Vol 67 (06) ◽  
pp. 108-112
Author(s):  
Ləman Fəxrəddin qızı Qasımzadə ◽  
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
Modern World ◽  
Cultural Integration ◽  
Islamic Republic ◽  
Foreign Countries ◽  
Foreign Law ◽  
Islamic Republic Of Iran ◽  
The Republic ◽  
Criminal Legislation

In the article: The globalization of the modern world makes it urgent to study the legislative practice of foreign countries (including criminal law). The lack of specialized literature on this topic makes it difficult to solve this problem. In the article: The globalization of the modern world makes it urgent to study the legislative practice of foreign countries (including criminal law). The lack of specialized literature on this topic makes it difficult to solve this problem.The study of foreign law is necessary not only to guide the processes of global economic, political and cultural integration and unification, but above all to facilitate domestic criminal law. The study of foreign law is necessary not only to guide the processes of global economic, political and cultural integration and unification, but above all to facilitate domestic criminal law.As the criminal legislation of the Islamic Republic of Iran and the Republic of Azerbaijan relates to different legal systems, it is difficult to compare them, but it is mutually beneficial.Thus, it allows to identify gaps in the legislation of both countries and take measures to eliminate them. Key words: crime, responsibility, talion principle, revenge, additional punishment, so to speak

scholarly journals Argentine Concordat as an International Agreement Regulating the Law of Patronage

2020 ◽  
Vol 25 (1) ◽  
pp. 89-109
Author(s):  
Marta Zuzanna Osuchowska
Keyword(s):  
Social Sciences ◽  
Historical Background ◽  
International Agreement ◽  
Holy See ◽  
Bilateral Relations ◽  
Legal Method ◽  
History Of ◽  
The Subject ◽  
The 1960S ◽  
The Right

In the history of relations between the Argentinean government and the Holy See, two ideas are permanently intertwined: signing the Concordat and defending national patronage. The changes that occurred in the 1960s indicated that exercising the right of patronage, based on the principles outlined in the Constitution, was impossible, and the peaceful establishment of the principles of bilateral relations could only be indicated through an international agreement. The Concordat signed by Argentina in 1966 removed the national patronage, but the changes to the content of the Constitution were introduced only in 1994. The aim of the study is to show the concordat agreement concluded in 1966 by Argentina with the Holy See as an example of an international agreement. The main focus is the presentation of concordat standards for the institution of patronage. Due to the subject and purpose of the study, the work uses methods typical of social sciences in the legal science discipline. The dogmatic-legal method is the basis for consideration of the Concordat as a source of Argentine law, and as an auxiliary method, the historical-legal method was used to show the historical background of the presented issue.

UPOREDNI PRIKAZ HRVATSKOG I SLOVENAČKOG PRAVA GRAĐENjA

Glasnik prava ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 35-51
Author(s):  
Edina Kočan
Keyword(s):  
Property Rights ◽  
Legal Systems ◽  
Legal Analysis ◽  
The Third ◽  
Conceptual Definition ◽  
The Subject ◽  
The Republic ◽  
Construction Law ◽  
Definition Of ◽  
The Right

The author presents a comparative legal analysis of the segments of construction law in Croatian and Slovenian law, with the aim of pointing out the differences that exist between them. Considering that this is a relatively new legal institute, which was somewhat earlier standardized in Slovenian law in relation to Croatian law, in the introductory exposition, a brief review was made of the occurrence of the construction law and the reasons for earlier non-regulation. The second part of the paper is dedicated to the stipulations of Act on ownership and Property Code of the Republic of Slovenia. This part refers to the conceptual definition of the construction law, in order to classify it in a certain broader unit, to which it belongs - genus proximum - searching for the closest relative, emphasizing the important characteristics that make it specific in relation to other property rights. In the third part of the paper, the author analyses the stipulations related to the subject of building rights, with reference to the dilemmas that exist in that sense, both in Croatian and Slovenian jurisprudence, as well as in the legal science of some other countries. The fourth part of the paper is dedicated to the stipulations that regulate the acquisition and duration of construction rights. Considering that derivative acquisition, among other things, characterizes the existence of bases and ways of acquisition, first possible bases of acquisition are presented, and then entry in appropriate public books as a way of acquiring this right and its duration. The concluding part of the paper summarizes the results of the analysis and evaluates the considered legal solutions, with the presentation of reasoned objections to the existing regulations, all with the aim of eventual amendment of the right to build in the legal systems in question.

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