The article analyses the approaches of the Court of the Eurasian Economic Union regarding the issue of consideration of labor disputes with employees of institutions of the Union. Basing on assessment of the relevant decisions of the Court and dissenting opinions of certain judges the author comes to the conclusion about the possible consequences of such decisions on improvement of legal regulation of the arising conflicts, and the perspectives of development of mechanisms for consideration of disputes with international employees in the Union. International legal status of the Holy Frequent at the United Nations The article addresses the question of Holy See’s legal status in the United Nations. The author comes to the conclusion that the status of the Holy See as a permanent observer not being a member state of the United Nations, had been previously subject to doubt.
There are reasons to believe that in 1964 the Holy See could not fully comply with the established criteria for obtaining such status. Thus, there is a risk of creating a precedent for such claims from other religions. International treaty as the basic legal form of nuclear disarmament On the global agenda, the prohibition of nuclear weapons on a contractual basis remains an urgent issue, despite the fact that in international relations there is a stable common practice of states to refuse to use it, which has or can really have legal significance: it has become customary to renounce nuclear weapons as a source of international rights. In this article, the author has attempted to justify the contractual registration of the process of nuclear disarmament in the light of the resolutions of the UN General Assembly, the work of the UN Conference on Disarmament. Russian Federation and interstate integrative cooperation Integration processes on continents and in world regions differ in character, driving factors, rate of development. In many interstate associations created for the purpose of integration, actual unifying forces remain very weak, there is a lack of direct connections on the level of enterprises and national economies in general; market and financial infrastructure remain underdeveloped.
Nevertheless, more and more countries are drawn into these processes. Outside integration neither Russia, nor other CIS and EEU countries will be able to carry out reforms in a short period of time, overcome protracted crisis, restore economy, provide for people adequate standard of living. French doctrine concerning the legal status of the Northwest Passage The Northwest Passage is network of routes through the Canadian Arctic Archipelago, containing 19.000 of islands, numerous rocks and reefs. As climate change reduces sea ice, some scientists believe that by the end of 21 century Arctic Ocean will not have ice in summer period. It means that the appeal of the Northwest passage as a transport route will be growing comparing with the Panama Canal. The existing legal dispute on the legal status of the Northwest Passage has different points of view. In this article the French doctrine about the Northwest Passage status will be examined.
International legal protection of children-refugees The article presents an attempt of the complex analysis of international legal regulation of children-refugees protection. The article gives the analysis of the documents of the League of Nations and UN on children-refugees protection, the provisions of human rights instruments and international humanitarian law treaties, shows the evolution of legal regulation of children-refugees protection at the universal level including the analysis of the latest documents. To the question about the arctic tourism in the Russian legislation In recent times tourism in the Arctic is evolving more rapidly and therefore requires detailed legal regulation not only at the international but also at national level. A specific definition of the concept of 'Arctic tourism' and its separation from the 'No arctic' in the legislation is essential to the sustainable and coherent development of tourism in the polar regions.
In this article the author analyzes the gaps in the Russian legislation in the field of tourism and discusses the possible ways of improving the legislation, taking into account foreign experience. International Legal and economic impact of the Atlantic Accord The article is devoted to the peculiarities of legal regulation of the development of continental shelf deposits on the example of the 1985 Atlantic Accord.
-razvitie-velodorozhek-zakrepyat-v-konstitucii-shveycarii.html 2018-09-25 0.6. -za-odin-den-zaderzhany-desyatki-prostitutok-iz-uzbekistana.html 2018-07-04. -zhenschinam-policeyskim-razreshili-razdevatsya-i-plakat.html 2018-01-30. Daily 0.64 0.64.
The article mainly focuses on the consequences and prerequisites of the agreement, as well as on the economic impact of the above-mentioned legal document. This agreement is an example of effective legal regulation of hydrocarbon production, which contributed to the economic recovery of the province of Newfoundland and Labrador, which also reflects the continuity of the economy and law in the field of energy.
Necessary protection of intellectual property rights to folklore works in present time in Vietnam The number of acts of violation of intellectual property rights on folk literary works is increasing all the more. The main reason is that these acts bring great profits to violators. But these violations are difficult to detect for two reasons: the first is the effective support of modern technology; secondly, not the establishment of the necessary protection of intellectual property rights for folklore works currently in Vietnam. The consequences of these acts of offense are expressed in changing the traditional cultural identity of the nation. In particular, traditional folk melodies will be distorted; traditional festivals, dances, dramas will also be distorted or their content will be changed. If not prevented in time, the sense of national-dignity will be lost, the traditional cultural identity of the nation is destroyed. And what is more, it is impossible to distinguish Vietnamese culture and culture of other peoples.
![Plakat Denj Konstitucii Uzbekistana Plakat Denj Konstitucii Uzbekistana](/uploads/1/2/5/6/125617574/381242794.jpg)
Thus, the author will present the necessary conditions for ensuring the protection of intellectual property rights for folklore works. Constitutional Organization of the local administration in the Republic of Iraq This study focuses on the constitutional regulation of government in Iraq after 2003 with the adoption of a central federal system in the country.
This new system was consolidated by the Constitution of the Republic of Iraq in 2005 and reflects the ways of delineating powers between federal and regional authorities in accordance with constitutional and legal standards. The study also examines the problems associated with such a distinction, and ways to address them. The referendum in Scotland as an example of the exercise of the right of peoples to self-determination The article is dedicated to the right of peoples to self-determination and its exercise in Scotland. The article contains the analysis of independence movements in Scotland, the specificity of relations between England and Scotland as well as step-by-step implementation of the right to self-determination in historical context. The research conducted leads the author to the following conclusions.
Firstly, the right of the people of Scotland to self-determination wasn’t exercised as a one-time thing but rather as a long-term process. Secondly, self-determination in Scotland was implemented through its two-level mechanism. Thirdly, despite some difficulties, the people of Scotland exercised their right to self-determination in compliance with the international law and national legislation. Positions of the OAS (Organization of American States) on the territorial dispute of Bolivia and Chile On October 31, 1979, during the 9th General Assembly of the OAS, the entire continent officially declared that the maritime issue is important for the entire hemisphere and that a fair solution must be found for Bolivia to obtain a sovereign and effective access to the Pacific Ocean.
Resolution No 426 recommends starting negotiations on granting a free and sovereign exit to the Pacific Ocean. It took a century for the international community to give a categorical and clear answer and was in solidarity on the issue of restoring justice to the Bolivian claim. Comparative legal analysis of the institution of piercing of corporate veil in Russia and foreign countries The article analyzes the institutions of failure of corporate veils in different countries.
Illuminating the theoretical and practical issues of the application of these norms, the essence and nature of their occurrence, the value for practicing lawyers. A comparative analysis is conducted on the basis of which it is possible to draw conclusions about the necessary changes in domestic legislation in this area. Grounds for annulment of arbitral awards according to the ICSID Convention This article reflects modern trends in international investment arbitration in the ICSID. The author discuss grounds for annulment of the arbitral award according to article 52 of the ICSID Convention in particular corruption, departure from fundamental rules of procedure, exceeding tribunals power.
It is concluded that there is no single approach to the determine ground of annulment of the awards. This absence can be explained by variety of practical situations.
In every case, it is necessary to analyze carefully factual circumstances and previous tribunals practice in order to identify grounds for invalidity of ICSID decisions. Article 10 of the Universal Declaration of Human Rights, 10 December 1948, 217 A (III); Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocols Nos. 11 and 14, 4 November 1950, ETS 5; Article 2 of the Statute of the International Court of Justice, 18 April 1946, 3 Bevans 1179; 59 Stat. 993; 39 AJIL Supp. 215 (1945); Article 14 of the International Covenant on Civil and Political Rights, 16 December 1966, United Nations, Treaty Series, vol. 171; Article 10 of the Convention on the Rights of the Child, 20 November 1989, United Nations, Treaty Series, vol.
3; Articles 40 and 47 of the Rome Statute of the International Criminal Court (last amended 2010), 17 July 1998, ISBN No. Hussein NuamanSoufraki v The United Arab Emirates, ICSID Case No ARB/02/7, Award, Jul 7, 2004, para 42. See J Lew, L Mistelis, and S Kroll, Comparative International Commercial Arbitration (The Hague: Kluwer Law International, 2003), 795; G Kaufmann-Kohler, ‘Annulment of ICSID Awards in Contract and Treaty Arbitrations: Are There Differences?’ in E Gaillard and Y Banifatemi (eds), Annulment of ICSID Awards (New York: Juris Publishing 2004), 195; D Wang, International Centre for Settlement of Investment Disputes, Dispute Settlement: Section 2.8 Post-Award Remedies and Procedures, 18; ICSID, ‘Background Paper on Annulment for the Administrative Council’, Aug 10, 2012, at 43–5. Privacy rights in the internet. Possible in the impossible The article is devoted to the scientific and theoretical analysis of a completely new object of civil law – a private virtual currency, which today replaced real money in the virtual space of the Internet. Today, the most famous crypto currency – bitcoin – has a very high exchange rate, and it serves as a means of paying for real goods and services both in the virtual Internet space and in real life.
This gives grounds to argue that in the virtual space of the Internet there are real rights. The article gives a legal description of bitcoin in the foreshortening of civil law. The main directions of the influence of the state and the right on development of the contemporary Russian economy The state is the only public institution capable of ensuring effective complementarity of the market system and the necessary complex of organizational and legal mechanisms important for strengthening economic relations.
The article considers a complex of state-legal measures important for the effective development of the modern Russian economy. The conclusion is substantiated about the need for state and legal transformations in the current conditions of Russia's development aimed at overcoming the consequences of economic sanctions on the part of the Western world, ensuring the country's innovative development, and forming a socially oriented economy. Clinical legal education as an innovation The paper discusses the process of the modernization of Russian legal education, in which a special focus is on practical training of future lawyers; an important role in this process belongs to clinical teaching. The paper describes the content and programme of clinical legal education, presents an innovative (clinical) curriculum, including general and special training courses, areas of the legal clinic activity and rules for the legal work of students under the guidance of teachers to provide free legal services for low-income and underprivileged citizens. The notion of an innovative program integrated into the educational process is revealed, in the form of practical-oriented courses on the training of law students in various professional fields. The specificity of the customs inspection at the Astrakhan customs in 1840-ies The article discusses some of the conditions for successful interstate relations, one of which is customs regulations.
This was understood also by the Russian authorities. Taking into consideration that the main agent of the trade relations in the Caspian Sea in the 19th century were Persian merchants, legislation concerning the customs regulation of their trading rights constantly perfected. In this article on the basis of archival materials, we consider the specifics of customs inspection of goods at the Astrakhan customs in 1840-ies. The subject of the article is the identification of the interaction of positive law and customary peasant law in the Russian Empire of the XVIII century. On the basis of an analysis of the legal aspects of the tax policy of the state, the argument is argued that the collection of poll tax from the peasantry led to the formation of an indirect interaction between state and customary peasant law. This interaction serves as evidence of the partial integration of customary law into the general imperial legal system. The federal intervention as a measure of the constitutional and legal liability in the Russian Federation.
In the article the author from the position of science of constitutional law analyses the institute of federal interference as constitutional and legal responsibilities, gives his concept and highlights significant symptoms. Considering various approaches to understanding the institute of federal interference and the question of delimitation of concepts of constitutional and legal liability and federal interference of leading scholars of constitutional law branch. The article defines legal and constitutional responsibility as independent legal liability.
Measures of constitutional legal coercion and federal intervention are compared. Federal constitutional laws enshrining the constitutional-legal responsibility are examined. The role of the Constitutional Court of the Russian Federation in the concretization of the constitutional and legal liability issues is shown. As a result of the study conclusions and proposals to improve the regulation of the institute of the federal intervention are formulated. In article the concept of patronage and foster education, an order and the principles of their creation is considered. The institute of patronage is a modern form of the family device of children and rendering the necessary help to orphan children and children without parental support. Foster education isn't regulated by the federal legislation, it is only allowed by it and it is provided by laws of a number of regions.
At the same time, for transition to patronage or foster family as the professional replacing family, existence of the term 'foster family' in the legal framework is relevant. In article the authors analyze the current state of institute of patronage, problems and the offers directed to improvement of the studied institute are provided. The article examines the peculiarities in the management of unitary enterprises in the Russian Federation, in particular by state enterprises, defines the directions of the transformation, identifies the grounds for the emergence of the right of operational control. Also considered are the powers of state enterprises and their founders-owners in respect of property fixed on the right of operational management of state-owned enterprises. It is shown that the organizational and legal form of a state enterprise has certain advantages over unitary enterprises on the right of economic management. In modern conditions, the transaction institution is one of the most important in civil law.
In recent years in law enforcement practice, issues related to the interpretation of transactions that are recognized as invalid and the identification of their legal consequences acquire particular urgency. This is due to the fact that until now there has not been developed a unified approach that regulates this sphere of legal relations, and there are many debatable questions regarding the consequences of invalidating transactions. In addition, the situation is exacerbated by the low level of legal literacy of persons involved in the conclusion of the transaction, as well as by the activation of unscrupulous participants in civil circulation. The most important characteristic of a correct and civilized turnover of goods is the presence of a small number of invalid transactions. However, Russian law enforcement practice testifies to one serious problem of practical implementation of civil law norms. The article discloses the procedure, rules of compilation and essential conditions that must be envisaged when concluding an agreement on the payment of alimony for underage children. An exclusive basis for changing or terminating the agreement on payment of alimony is analyzed – an essential change in the material or marital status of the parties.
In particular, the author expressed an opinion on the complexity of proving the fact of a significant change in the material or marital status. Also, the issue of changing the terms of the agreement on the payment of alimony, in connection with the child's coming of age during the validity of this agreement, was also considered. In this paper we consider the theoretical issues of the bankruptcy procedure of individuals, as well as a number of problems arising in the process of this procedure, faced by citizens in the process of their bankruptcy. In addition, a selective analysis of the stages of the bankruptcy procedure of individuals, provided by the Federal law 'on insolvency (bankruptcy)', is carried out, innovations for debtors and creditors are disclosed.
The article also provides statistical data demonstrating the 'effectiveness' of the legislation on the bankruptcy of individuals; the main advantages and disadvantages in the implementation of the new law are identified. In modern conditions citizens use a marriage design for personal gain: receiving citizenship or residence permit, acquisition of the rights which foreign citizens and persons without citizenship do not have, improvement of living conditions at the expense of the federal budget, payment of subsidies for acquisition of premises, social ascent, etc. In this respect it is necessary to determine additional mechanisms of responsibility and to pay attention to the preventive screening which is carried out at a marriage registration stage. Work bibliographic list 1.
Postanovlenie Konstitucionnogo Suda Rossijskoj Federacii ot 26 maja 2011 g. # 10-P «Po delu o proverke konstitucionnosti polozhenij punkta 1 stat'i 11 Grazhdanskogo kodeksa Rossijskoj Federacii, punkta 2 stat'i 1 Federal'nogo zakona «O tretejskih sudah v Rossijskoj Federacii», stat'i 28 Federal'nogo zakona «O gosudarstvennoj registracii prav na nedvizhimoe imushhestvo i sdelok s nim», punkta 1 stat'i 33 i stat'i 51 Federal'nogo zakona «Ob ipoteke (zaloge nedvizhimosti)» v svjazi s zaprosom Vysshego Arbitrazhnogo Suda Rossijskoj Federacii» // Vestnik Konstitucionnogo Suda Rossijskoj Federacii. In the article, the author analyzes the historical development of the concept of the impossibility of performance of obligations in Russian law as well as in foreign law. The author analyzes the changing perceptions towards this concept in the doctrine of civil law.
The author analyzes arguments presented in defense of the concept of the impossibility of performance of obligations as well as the critic of this concept. The author defends the concept of the impossibility of performance of obligations and proves necessity of its usage. Possible problems connected with abolishing of the concept of the impossibility of performance have been considered in the article. The article is devoted to the peculiarities of scientific research and legal regulation of environmental problems in the conditions of the postmodern society. The practical need of a comprehensive study of the role and possibilities of law in the regulation and protection of environmental relations is substantiated.
The influence of the postmodern nature of modern society on the criminal law is shown, which is manifested in the expansion and deepening of its interbranch relations, the modification of specific tasks, the formation of relatively independent subject blocks in its structure. This scientific article is devoted to the problems of determining the signs of causing moral harm in the provisions of formal and truncated crimes, taking into account the provisions of the current Criminal code of the Russian Federation. The author on the basis of the study of the provisions of the Russian legislation comes to the conclusion that there are possible signs of moral harm to victims, indicating its direct infliction. The paper uses modern general scientific and special methods of knowledge: analysis, synthesis, historical and legal, structural and functional, regulatory and logical, complex. This article reflects the author's subjective position on this issue. In the article the authors consider violations of the criminal procedural legislation allowed at the stage of preliminary investigation when drawing up the final procedural documents of the preliminary investigation and inquiry leading to the impossibility of the court passing a verdict or other decision. Based on the analysis of procedural norms, judicial and investigative practice, the authors conclude that it is necessary to improve a number of norms of the criminal procedural legislation governing the stage of the completion of the preliminary investigation, the institutes of procedural terms and the return of the criminal case to the prosecutor.
The article deals with the methodological aspects of the study of competing rules of criminal and penal law in sentencing, not related to isolation from society. The author notes that the set of methods and the system of their interpretation have significant differences and particularities depending on the field and specificity of the subject of research; in criminal law studies, some methods of specific legal Sciences (sciences), for example, comparative law, are not used effectively enough, which reduces the methodological potential of research in the field under consideration. As a way to solve this problem, it is proposed to correlate the methodology of general theoretical legal sciences, branch legal sciences and research methodology of specific problems of one Institute (institute) in various branches of law.
In the paper the author considers the correlation of such concepts as mental suffering and moral suffering and comes to the conclusion that the first is wider than the second. Examining the goals specified in the note to article 117 of the criminal code of the Russian Federation considers that the list is non-exhaustive and the purpose of torture, in accordance with the criminal code of the Russian Federation, can be any and the subject of torture can be any person, since the features that characterize the subject of torture are not defined by the law. Prerequisites for the effectiveness of the relationship between the court and the participants in criminal proceedings by the prosecution are concluded in the general principles of criminal proceedings, which are the basis of a deep internal unity of these elements of the current system of law enforcement.
Both the court and the Prosecutor's office, as well as the criminal investigation authorities, are characterized by the recognition of the principles of legality, the approval of which is the meaning and content of all their activities. The principles of completeness, objectivity and comprehensiveness of obtaining and studying evidence, resolution of criminal cases characterize the approach to the activities of the Prosecutor, the investigative bodies and the court. Illegal business activity is the basis of the shadow economy. Illegal business is an objective, international phenomenon inherent in any type of economy. The unstable economic situation has a direct impact on the formation of 'shadow' schemes in the economic sphere of activity, and, consequently, on the characteristics of crimes committed in the territory of the state. Taking into account that business activity is regulated not only by the Civil code of the Russian Federation, but also by various Federal laws, as well as other regulatory legal acts that regulate business legal relations, there are difficulties in the investigation and disclosure of the crimes in question. Hence the need for algorithmization of the investigation of this type of crime.
This article deals with the essence, the legal basis of the search, and the organization of investigative work by the internal affairs agencies at the district level in the current conditions. The author has analyzed the existing problems related to the organization by the internal affairs agencies of the investigative work at the district level. The article describes the tasks of investigative work, describes the conditions in which the bodies of internal affairs carry out a search at the district level and identifies factors that affect the operational situation in this area of activity. The author analyzed the used forces and means in the search work, its results, the state of interaction between subdivisions of the internal affairs bodies in the search work.
The article formulates proposals for optimizing the organization of investigative work by the internal affairs bodies at the district level in modern conditions, organizational and structural support of the search activity of the internal affairs bodies at the district level. The article discusses issues affecting the law enforcement restricting the constitutional rights of citizens. The author of the conclusion finds that any ORM associated with obtaining investigative information, and possible penetration into dwelling, non-investigative action, is not envisaged by the criminal procedural legislation is not allowed. Conducted ORM in a criminal case and to confirm information already available, including the detection and arrest of wanted persons in the home may, by a reasoned decision of the investigator, and in cases of emergency, with notification within 24 hours the Prosecutor and the court, or only with the permission of the court, as may be violated or restricted the constitutional right of citizens. In the Russian criminal trial, proceeding from the expansion of elements of adversariality and the resulting oral language, the writing does not lose its value and importance in securing evidence and the entire course of criminal proceedings. The article is devoted to topical issues of the formation, use and development of writing since the emergence of kinetic speech and the invention of the alphabet, before the emergence of artificial programming languages and the electronic form of presentation of criminal procedural information. The reasons for the penetration of the written language into the criminal process, as well as its advantages in comparison with other forms of transfer and consolidation of information, are considered.
A detailed analysis of the term «writing of criminal proceedings» was carried out, taking into account modern methods of securing electronic information, as well as the basic features of this definition. The nature of writing in the. The right to access to justice is an inalienable constitutional right of the individual, the implementation of which directly depends on how effectively the mechanism for selecting candidates for judicial posts functions.
Within the article, some requirements for candidates for the position of judge are considered: age qualification, absence of diseases that impede the discharge of the judge's duties. Separate consideration will be given to the possibility of checking the judge's personal qualities, as well as the evaluation of the system for preliminary verification of candidates for judges in general. Indubitably, for the reason the Nigerian legal system is a Common law system patterned after the British legal system. The Judicial Committee of the Privy Council was then the apex Court of the Federation, until a Federal Supreme Court was established by virtue of the 1954 Federal Constitution. Following the establishment of the Federal Supreme Court with original and appellate jurisdiction, appeals from the Federal Supreme Court still went to the Privy Council.
The status quo was maintained after Nigeria gained her independence on 1st October, 1960, and however, in 1963 via its constitution, Nigeria was declared a republic and severed its political string from the British, thereby abolishing any appeals to the Privy Council and the final arbiter on appeal became the Supreme Court. The article examines the brief history of the Supreme Court of Nigeria, composition, and the jurisdiction of the Supreme Court of the Federal republic of Nigeria.
The international community, led by the United Nations and other international organizations, universally recognized the threat to national security posed by transnational corruption and, through the adoption of a number of conceptual and fundamental instruments, created a powerful Convention mechanism to combat the phenomenon of corruption, but without a proper enforcement mechanism on the ground and the lack of consistency in a number of provisions, no country in the world can adequately counter transnational corruption as an element of transnational organized crime. In this article, the author focused on a number of international conventions, which in his opinion are designed to provide the proper mechanism to combat corruption. The article deals with the interrelated problems of ensuring human rights and public security. The activities of a democratic state to ensure public security are aimed at protecting the rights and freedoms of citizens. The realization of rights and freedoms should only imply positive consequences. Legislation that establishes a lawful restriction of rights and freedoms must be aimed at the inadmissibility of their derogation and in its legal nature is called upon to contribute to the security of the individual and society.
The article is devoted to the description of methods and techniques of teaching the discipline 'Russian language in business documentation' in the law University, which allow to intensify the learning process, resulting in students ' skills of editing documents based on language norms and requirements for the language of the law. The article has a theoretical and practical orientation. Increased requirements for the quality of procedural documents, their literacy are particularly relevant at the present time. The purpose of the work is to describe examples from their own teaching experience. The subject of the analysis are the methods and techniques used in the practical lesson ' Stylistic models of service documents.
Linguistic analysis and editing of texts of business documentation' on the subject 'Russian language in business documentation'. For the first time in the scientific literature, the essence and legal nature of the public-private partnership agreement is revealed. The author carried out a comparative legal analysis of such concepts as 'a public-private partnership agreement” and 'agreements in the field of public-private partnership', 'forms of public-private partnerships.' In this research the term “an agreement” is reviewed as a civil law contract, as an investment contract and as a business contract. The author justifies that the public-private partnership agreement is an independent civil law contract, that emerged on the bases of a mixed contract. The object of the study is the state and ways of development of small agricultural enterprises and rural settlements where these enterprises are located. After all, one of the main tasks for today is the preservation of traditional forms of agricultural production with the application of new technologies for the production of milk, meat and their further processing, and the sale of finished products.
Fair distribution of sales proceeds from the surrendered products, improvement of working conditions, increase of local economic indicators on the basis of cooperation of all agricultural producers, regardless of the form of ownership, the volume of raw materials production will directly affect the amount of natural provision of living on the territory of rural settlements and working on the land. This can be achieved by using one of the successful management mechanisms, such as consumer-processing, supply-and-marketing, credit cooperatives. In this article, these mechanisms will be considered using the example of the agricultural purchasing and marketing consumer cooperative 'Bezhetskaya Burenka'.