basic law
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2022 ◽  
Author(s):  
Sujin Chung

While the Basic Law, in a departure from the Weimar Constitution, does not recognize any basic social rights, but only the welfare state principle, the opposite is true in South Korea. However, this difference loses significance at the level of interpretation, since the various basic social rights in South Korea are formed into a general welfare state principle. This paper attempts to compare the welfare state in South Korea and Germany. The reasons for the considerable differences that nevertheless exist between the two legal systems with respect to the welfare state are elaborated.


Author(s):  
Yevhen Povzyk

Problem setting. One of the basic human rights, enshrined in the Constitution of Ukraine, is the right to inviolability of housing or other possession. The Basic Law stipulates that no penetration into a home or other possession of a person, inspection or search in them is allowed differently than according to a motivated court decision. This provision means that the state is authorized to reasonably restrict the above law. However, according to law enforcement practice, such restriction of the right to inviolability of housing or other possession is not always reasonable and there is an unequal and improper application of regulatory provisions regulating the procedure for carrying out this investigative (investigative) action. This, in turn, requires a comprehensive analysis of problematic issues that arise during the search and a unified approach to their solution. The object of research is legal relations arising during a search of housing or other possession of a person. The subject of the study are regulations that regulate the grounds, conditions and procedural procedure for conducting a search of housing or other possession of a person. Analysis of recent researches and publications. In the scientific literature, certain aspects of the search of housing or other possession were the subject of scientific research of such scientists as: V. Goncharenko, I. Hlovyuk, V. Zaborovsky, V. Noor, O. Kaplina, O. Komarnytska, O. Shvykova, M. Shumylo etc. Target of research is to study problematic issues arising during the search of housing or other possession of a person and to develop on its basis proposals for improving the current criminal procedural legislation. The scientific novelty of the research is to express proposals for improving the current criminal procedural legislation, which relate to the procedural procedure for the search of housing or other possession of a person, the announcement of a break in its conduct and the peculiarities of fixing its results. Article’s main body. The scientific research is devoted to the analysis of the grounds, conditions and procedural procedure for conducting a search in a dwelling or other possession of a person, guarantees of protection of the rights and freedoms of a person during this investigative (search) action, features of fixing the course of conducting a search of a home or other possession of a person. Conclusions and prospects for the development. Based on the analysis, we conclude that it is appropriate to apply to the decision of the Supreme Court of 02.09.2020. № 591/4742/16-k, which states that the protocol of the search of housing is unacceptable evidence, if it does not contain information about the employees of the operational units involved in it, the sequence of all actions during the search and packaging of seized items, as well as if during the search at the time of detection of equipment intended for the manufacture of narcotic drugs (subject of crime), were not present understood, invited investigators after the discovery of such equipment.


2021 ◽  
Vol 4 (4) ◽  
Author(s):  
Yang Liao ◽  
◽  
Li Meng

The basic meaning of "patriots ruling Hong Kong" is that Hong Kong people who love China and love Hong Kong govern Hong Kong society to ensure the smooth implementation of the "One Country, Two Systems" system and the Basic Law of the Hong Kong Special Administrative Region in Hong Kong and maintain the long-term prosperity and stability of Hong Kong society. There is a logical connection between "patriots governing Hong Kong" and Hong Kong's united front work, which has firmly established the consciousness of the Chinese nation's community. "patriots governing Hong Kong" strengthens the awareness of patriotism and love of Hong Kong and helps to forge the consciousness of the Chinese nation's community. The main path for the innovation and development of the Chinese nation’s community consciousness is to promote the generation and development of the national outlook + national outlook + historical outlook + cultural outlook in Hong Kong and Macau, and to promote the industrial chain + supply chain + innovation chain + value in the construction of the Greater Bay Area The “multi-chain integration” of chain + united front chain promotes the exchanges and integration of ethnic groups and ethnic groups in the Guangdong-Hong Kong-Macao Greater Bay Area in the people's livelihood-oriented + science and education-oriented + demonstration leadership.


2021 ◽  
Author(s):  
Yang Liao ◽  
Li Meng

The basic meaning of "patriots ruling Hong Kong" is that Hong Kong people who love China and love Hong Kong govern Hong Kong society to ensure the smooth implementation of the "One Country, Two Systems" system and the Basic Law of the Hong Kong Special Administrative Region in Hong Kong and maintain the long-term prosperity and stability of Hong Kong society.


2021 ◽  
Vol 25 (4) ◽  
pp. 901-916
Author(s):  
Natalya G. Zhavoronkova ◽  
Vyacheslav B. Agafonov

The relevance of this study is determined by the fact that at present legal regulation of genetic research is not comprehensive and does not provide a complete regulation of social relations in the focus. Оne of the factors hindering the development of genetic technologies is the absence of a basic law On genetic technologies. The purpose of the study . The article is devoted to the analysis of modern legal problems and the search for optimal solutions to the organizational and legal problems of the program for the development of genetic technologies implementation. Materials and methods of research . In order to understand modern approaches to relevant problems of improving the organizational and legal mechanism of the program for the development of genetic technologies implementation associated with environmental and biological risks and threats, a comparison of various methods of legal regulation and management, including dialectical, logical, and predictive methods, as well as the method of system analysis, is carried out. Results. Application of these methods allowed to conduct a comprehensive legal analysis of the current legislation and state strategic planning documents, work out a theoretical and legal basis for the development of the basic law On Genetic Technologies and formulate other proposals to improve the current legislation. The core powers of the National (federal) Bioresource Center, the network of federal and regional centers of genetic technologies, as well as the National Center for Biosafety have been identified and grounded by the authors.


2021 ◽  
Vol 25 (4) ◽  
pp. 750-767
Author(s):  
Levan T. Chikhladze ◽  
Olga Yu. Ganina

The introduction of amendments to the Constitution of the Russian Federation necessitated a theoretical understanding of the established legal norms after their legislative update. Inclusion in the text of the state basic law of the public authorities concept, which requires its theoretical understanding, is of unconditional interest. To identify the specifics of the position of local self-government bodies in the state mechanism, depending on a particular model of state governance, it is necessary to study the experience of organization and functioning of the state apparatus at various historical stages. The aim of the study is to analyze the concepts of theoretical scientists on the legal nature and role of public authorities in the life of the state and to determine the position of local authorities in the public authority system in connection with consolidation of their unity with public authorities in the basic law of the state. In the process of research, the authors used general scientific methods of analysis and synthesis, as well as specific scientific methods - historical and comparative legal. It is concluded that, despite the novelty of the concept of public authorities in the text of the basic law of the state, conceptually it does not change the basis of the functional interaction of public authorities and local governments. Nevertheless, the normative consolidation of the unity of public authorities in the Constitution of the Russian Federation does not abolish the organizational separation of local self-government and its bodies from public authorities.


2021 ◽  
Author(s):  
Yi Yu Lai

Abstract Newtonian inertia has initiated science centuries ago and dictates modern society with isolated logic systems. The hidden premise of this system is rigid existence in an isolated environment that defies any internal motion. The equivalent principle from general relativity and the T-symmetry reversible processes from thermodynamics also rely on such a notion. However, bio-inertia originates from the blind spots of this system; surface tension region inversion as the most general interactions is sacrificed for methodological isolation/test purposes and then neglected by science. We define and experiment bio-inertia as “parameter-against-gravity-recovery”, revealing the interaction between Planck regions and surface tension regions issues negentropy, conventional quantum collapse period is then extended to lifespan. This modulation which integrates quantum mechanics, gravitational waves, thermodynamics into surface tension bio quantum path duality needs to break the isolated logic method and takes musical inversion as structural dynamics in bio-systems, generalized as Basic Law of Evolution. An original evolutionary physical string oscillation memory equation is unveiled for the first time.


2021 ◽  
Vol 66 ◽  
pp. 73-80
Author(s):  
О. О. Turyanitsya

Professional sports activities are always closely associated with numerous risks (risk of injury or even death of the athlete, the risk of using illicit drugs - doping, aleatory (risky) activities - bookmakers, sweepstakes, etc.). It is a direct violation of the Constitution of Ukraine, which proclaims the inalienable right of every person to life (Article 27) and recognizes it as the highest social value (Part 1, Article 3). Constitutional law, as the basic law, regulates social relations in all spheres of society. Accuracy, understanding, logic, consistency of legal norms - the main principles of constitutional rule-making, which not only prevent violations of rights, freedoms and legitimate interests of individuals and citizens, but also require careful study and detailed discussion of all bills in scientific and professional environment. Instead, in jurisprudence, the risk is one of the least studied legal categories, which does not take into account the realities of today and does not meet the requirements of modern society. The purpose of the article is to review and constitutional and legal analysis of the problem of risk in professional sports. The concept of risk in law is studied. The concept of "sports risk" as a kind of social risk is analyzed; its features are clarified, the subject, object and subject are specified. The classification of sports risks is considered. Particular attention is paid to the use of doping as one of the most common risk factors in the field of professional sports today. The need to immediately resolve the problem of risks on the level of the newly adopted Law of Ukraine "On Professional Sports" was emphasized. The expediency of establishing criminal liability for doping and any actions related to it (storage, manufacture, sale, transportation, etc.) is substantiated. Only in this case, the problem of risks in professional sports in general, and doping in particular, can be successfully solved.


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