To a question on understanding of a principle of action of the right

2014 ◽  
Vol 2 (3) ◽  
pp. 116-127
Author(s):  
Валерий Протасов ◽  
Valeriy Protasov
Keyword(s):  
Mechanism Of Action ◽  
Public Attitudes ◽  
Legal Regulation ◽  
The Public ◽  
Subject And Object ◽  
The Right ◽  
Philosophical Understanding

The author attempts to reveal and describe the principle, the mechanism of action of law and presents the philosophical understanding of concepts "principle", "attitude ("relation"), and "structure". The methodological background of research of the principle of the right is analyzed. The article reveals the features of the public attitudes (relations), the characteristics of a subject and object of legal regulation.

Collective conflict in the public sector in France

2002 ◽  
Vol 8 (4) ◽  
pp. 688-700
Author(s):  
Marie-Armelle Souriac
Keyword(s):  
Public Sector ◽  
Collective Action ◽  
Collective Bargaining ◽  
Legal Regulation ◽  
Public Enterprises ◽  
Roles And Responsibilities ◽  
The Public ◽  
The Future ◽  
The Government ◽  
The Right

The right to strike has been recognised in France, even as a right guaranteed by the Constitution, since 1946. Strikes in the public sector are subject to specific legal regulation, including requirements for minimum notice periods and, in some circumstances, minimum service requirements. This contribution examines these special legal features of public-sector strikes. It is necessary to clarify the respective roles and responsibilities of the management of public enterprises (or administrative authorities) and the government. The article also considers alternative (and new) forms of collective action and agreements. In the future there may well be even greater scope for the regulation of strikes to be covered by collective bargaining.

Public Servitudes for the Certain Types of Facilities Placing: Towards a Discussion on Public Interest Presence

2021 ◽  
Author(s):  
A.P. Ushakova ◽  
Keyword(s):  
Public Interest ◽  
Legal Regulation ◽  
Public Law ◽  
Point Of View ◽  
Private Interest ◽  
Public Interests ◽  
The Public ◽  
Private Interests ◽  
Arbitrary Decision ◽  
The Right

From the standpoint of the dominant interest criterion the article examines the justification of the legislator`s decision to apply public law methods in order to regulate relations concerning the use of land for infrastructural facilities placing. The author gives the arguments in favor of understanding the public interest as the interest of the whole society as a system, rather than the interest of an indefinite range of persons or the majority of the population. The author concludes that there is the simultaneous presence in the specified legal relations and private interests of the participants of legal relations, and public interests of society as a system. Both types of interests in these legal relations are important, but in terms of different aspects of the legal impact mechanism. Public interest is important because its realization is the purpose of legal regulation of this type of legal relations, from this point of view it acts as a dominant interest. The private interest of the holder of a public servitude is important as an incentive to attract the efforts of private individuals to achieve a publicly significant goal. The private interest of a land plot owner is important from the point of view of securing the right of ownership. It is substantiated that the public servitude is not an arbitrary decision of the legislator, but an example of application of the incentive method in the land law, which provides a favorable legal regime for a socially useful activity.

scholarly journals The right to information about the activities of public authorities: certain theoretical and legal aspects

2021 ◽  
pp. 9-14
Author(s):  
Alla IVANOVSKA ◽  
Olena HALUS ◽  
Iryna RYZHUK
Keyword(s):  
Active Form ◽  
Relevant Information ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Access To Information ◽  
Public Authorities ◽  
The Public ◽  
Democratic State ◽  
Right To Information ◽  
The Right

It is found that the right to information about the activities of public authorities is linked to the more general constitutional right of everyone to freely collect, store and disseminate information in any lawful manner. The analyzed law is subject to international and domestic rules governing the right of access to information in general. At the same time, this right is regulated in great detail by special regulations that establish additional guarantees. An important guarantee that ensures the realization of the right of citizens to information about the activities of public authorities is the principle of transparency, which applies in many democracies around the world. The principle of transparency is manifested, firstly, in the fact that public authorities are obliged to inform the public about their activities, and secondly, every member of society has the appropriate right to receive such information, and the level of access to information about activities of public authorities is very important. Forms of exercising the right to information about the activities of public authorities, taking into account the peculiarities of legal regulation, are divided into passive and active. The passive form presupposes that the citizen himself gets acquainted with the information about the activity of the public authority, which duty is to make it public. An active form of exercising this right involves direct appeals of citizens or their groups to public authorities with requests to provide relevant information. It is concluded that ensuring the exercise of the right to information about the activities of public authorities is the key to building a democratic state governed by the rule of law and relies on public authorities, which are obliged to create all conditions for public participation in the adoption of legal acts by these bodies and to provide adequate access to complete and objective information about their activities.

scholarly journals Attitudes of the German public to restrictions on persons with mental illness in 1993 and 2011

2014 ◽  
Vol 23 (3) ◽  
pp. 263-270 ◽  
Author(s):  
M. C. Angermeyer ◽  
H. Matschinger ◽  
G. Schomerus
Keyword(s):  
Mental Illness ◽  
Mentally Ill ◽  
Public Attitudes ◽  
Compulsory Admission ◽  
Persons With Disabilities ◽  
The Public ◽  
Driver's License ◽  
New States ◽  
The Right ◽  
Compulsory Sterilisation

Aims.In recent years, the United Nations Convention on the Rights of Persons with Disabilities, the Mental Health Declaration for Europe and other initiatives laid the ground for improving the rights of persons with mental illness. This study aims to explore to what extent these achievements are reflected in changes of public attitudes towards restrictions on mentally ill people.Methods.Data from two population surveys that have been conducted in the ‘new’ States of Germany in 1993 and 2011 are compared with each other.Results.The proportion of respondents accepting compulsory admission of mentally ill persons to a psychiatric hospital remained unchanged in general, but the proportion opposing compulsory admission on grounds not sanctioned by law declined. In contrast, more respondents were opposed to permanently revoking the driver's license and fewer supported abortion and (voluntary) sterilisation in 2011. Concerning the right to vote and compulsory sterilisation, the proportion of those who did not give their views increased most.Conclusions.Two divergent trends in public attitudes towards restrictions on people with mental disorders emerge: While, in general, people's views on patients' rights have become more liberal, the public is also more inclined to restricting patients’ freedom in case of deviant behaviour.

scholarly journals On interaction between prosecutors and specialists in the exercise of powers to detect violations of laws outside the criminal law sphere

2021 ◽  
pp. 49-57
Author(s):  
Darina Viktorovna Kocheva
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Social Life ◽  
Legal Status ◽  
Law Enforcement Officers ◽  
Practical Experience ◽  
Legal Regulation ◽  
Policy Makers ◽  
The Public ◽  
The Right

The subject of this research is the public relations established in exercising of such a power by the prosecutor on detection of violations of laws outside the criminal law sphere as the right to demand from the policy makers and other officials “supervised” to the prosecutor's office the allocation of specialists. Findings of the experts in the material form are in demand among the law enforcement officers in different spheres of social life, including due to their evidentiary potential. The relevance of this research is defined by the fact that the scholars and practicing legal experts have accumulated a range of questions to the legal status of a specialist in the Russian legislation, which also pertains to the prosecutor's activity. The novelty consists in the author’s substantiation of the need to improve legal regulation of the corresponding legal relations based on comparison of the norms that regulate the mechanism of cooperation between specialists and prosecutors in supervision by the latter of compliance with laws, rights and freedoms of human and citizens, analysis of theoretical groundwork on the topic, and personal practical experience in the prosecutor's office. The article reveals the gaps in the existing legal regulation. This work may be valuable for the practitioners of the prosecutor's office, as well as bodies “supervised” to the prosecutor's office, scholars in the area of prosecutor's activity, legal experts, students, and postgraduates.

scholarly journals Silent Company Legal Regulation in the Republic of Macedonia

2020 ◽  
Vol 8 (1) ◽  
pp. 73
Author(s):  
Ljupcho Petkukeski ◽  
Marko Andonov ◽  
Maja Stefkova Shterieva ◽  
Ljubomir Miodrag Radenkov
Keyword(s):  
Competent Authority ◽  
Legal Regulation ◽  
Third Parties ◽  
Company Law ◽  
Legal Personality ◽  
The Public ◽  
Trading Company ◽  
Republic Of Macedonia ◽  
The Republic ◽  
The Right

A silent company is a company in which a person (a sleeping partner) invests, i.e. participates with a cash or non-cash contribution in the enterprise of another person - the entrepreneur - a public shareholder and on the basis of the contribution acquires the right to participate in the profit and loss share of the enterprise. This company is created by concluding an agreement between the silent and the public shareholder.The silent company is not a trading company in compliance with the macedonian Company law. This company has no legal personality and no company name. It exists only in the relations between the sleeping partner and the entrepreneur - the public shareholder, and it does not appear in the legal relations with third parties. This company is not registered in the registrar of companies that is managed by a competent authority. The entrepreneur is the subject who acts in the legal relations with third parties and is an exclusive holder of all rights and obligations that arise from the business operation.Most commonly this type of company is used to implement business operations that are intended to stay hidden from the public. Reasons like the legal simplicity in the establishment of the company, the wide flexibility in arranging the relations between the public and the sleeping partner, the possibility of an easier way of financing the enterprise, the possibility of securing profits through a secret (silent) investment, make the silent company one of the good forms for successful realization of the business enterprise of the entrepreneur, on the one hand, and on the other hand it serves to satisfy the interest of the secret (silent) investor in a way that his investment will be hidden away from the general public.The main goal of this paper is to present and clarify the legal bases of the silent company in the Republic of Macedonia, to encourage the need for its re-regulation in the legislation of the Republic of Macedonia, as well as to indicate its advantages or weaknesses within the realization of the business operation.

scholarly journals Improving of legal regulation of trade secrets in the Republic of Uzbekistan

2020 ◽  
Vol 1 (2) ◽  
pp. 260-269
Author(s):  
Nargiza Raimova
Keyword(s):  
Social Economic ◽  
Legal Regulation ◽  
Modern World ◽  
Trade Secrets ◽  
Economic Activities ◽  
Confidential Information ◽  
The Public ◽  
Wide Range ◽  
The Republic ◽  
The Right

Information, exactly confidential information, is the most important component of the development of society in formative modern world.  The current civil society is gradually turning from an informed to the information, so we can fearlessly say that the 21th century is considered to be the age of information. Information is a very important and necessary element of any activity of man, society and the state in the public, social-economic and political spheres. It is noted in the article that the problems related to the fact that the legislation provides a wide range of powers by government organs in the different tests that may affect the interests of sensitive enterprise because unset concrete facets of government intervention in economic activities of enterprises considered painful for entrepreneurs in many countries. It is concluded that the commercial valuable information is the right of every establishment for keeping secretness of it's industrial, commercial and financial operations, as well as proper documentation. It presents great interest in securing a wide range of problems related to those which information belong to a commercial secrets, as far as possible lifts the curtain for partners, competitors, government organs not to cause adverse effects on its business. Based on the study of foreign experience and scientific and theoretical views, ways to improve legislation in the field of regulation of confidential information were investigated. Based on the results of the analysis, relevant conclusions were drawn and proposals were developed for the current legislation

scholarly journals European experience of legal regulation of anti-corruption issues in the public sector

2020 ◽  
Vol 5 (5) ◽  
pp. 236-244
Author(s):  
Nataliia Slotvinska
Keyword(s):  
Public Sector ◽  
Social Life ◽  
Codes Of Conduct ◽  
Legal Regulation ◽  
Public Confidence ◽  
Public Authorities ◽  
The Public ◽  
Official Position ◽  
Course Of Action ◽  
The Right

Elimination, neutralization or restriction of the social preconditions of corruption requires systemic changes in the main spheres of social life, first of all in the functioning of public authorities. Because corruption is a phenomenon associated with the abuse of certain opportunities provided by certain posts or official position of persons authorized to perform state functions, it is traditionally believed that anti-corruption measures should be aimed primarily at such persons. Public confidence and public accountability play an important role in preventing corruption. Preventing and combating corruption cannot be effective without preventive measures in the public sector, an area where those authorized to represent the state perform their professional duties. UN anti-corruption standards in the public sphere provide for the implementation of a set of measures aimed at preventing the commission of corruption offenses. These are, first of all, the require-ments for public officials to carry out their activities on an ethical basis, which can be established in special codes of conduct that help persons performing public functions to choose the right course of action in a situation where there is a high risk of corruption.

scholarly journals Legal Confıscatıon as a Property Rıght Issue in Turkey

2021 ◽  
Vol 9 (3) ◽  
pp. 429-448
Author(s):  
Yavuz Guloglu
Keyword(s):  
Property Rights ◽  
Public Space ◽  
Public Service ◽  
Public Services ◽  
Private Property ◽  
Legal Regulation ◽  
Property Right ◽  
The Public ◽  
Service Areas ◽  
The Right

Zoning plans are drawn and written texts prepared as a result of planning activities according to the characteristics of the region in order to meet the social, cultural, human and economic needs of a settlement and to show a safer and more regular development of the place. The property rights of individuals can be restricted by means of the plans prepared by the administration to create livable, orderly and modern living spaces. While the zoning plans are being prepared, the immovables allocated for public services should first be selected from public lands and if these immovables are not sufficient for the places to be allocated to the public service areas, the immovables subject to private property should be allocated to the public service and these areas should be expropriated by the administrations to be allocated on their behalf. The Zoning Law No. 3194 in Turkey is the basic regulation of the zoning law. In the Zoning Law, there is a regulation that the parcels allocated to public services in the zoning plans will be expropriated within five years. However, if the expropriation of the immovables is not completed within the time specified in the legal regulation, the owner who is deprived of his right to dispose of the immovable, is unfairly burdened with a heavy burden. The concept of "legal confiscation" emerges when the property right of the owner of the immovable is restricted for many years only by allocating privately owned immovables to public space in the zoning plans without any actual intervention by the administration. Since the administrations responsible for expropriation mostly avoid this obligation, the procedures established by the administration for planning constitute a disproportionate and unfair intervention in the property rights of the immovable owners. In this study, the definition of the concept of legal confiscation in Turkey, its elements, the remedies for ending the interference with the right to property will be explained, the procedures and principles to be considered during the judgement will be explained by giving examples from the judicial case-law and the decisions of the European Court of Human Rights, and solution proposals will be presented.Keywords: Legal Confiscation; Construction Plan; Property; Contravention Tuntutan Hukum sebagai Permasalah Hak Properti di Turki Abstrak.Undang-undang Zonasi No. 3194 di Turki adalah peraturan dasar dari undang-undang zonasi. Dalam UU Zonasi, ada aturan bahwa persil yang dialokasikan untuk layanan publik dalam rencana zonasi akan diambil alih dalam waktu lima tahun. Akan tetapi, jika pengambilalihan barang-barang tidak bergerak itu tidak selesai dalam waktu yang ditentukan dalam peraturan perundang-undangan, maka pemilik yang dirampas haknya untuk membuang barang-barang tidak bergerak itu, dibebani secara tidak adil dengan beban yang berat. Konsep "sita hukum" muncul ketika hak milik pemilik barang tidak bergerak dibatasi selama bertahun-tahun hanya dengan mengalokasikan barang-barang milik pribadi ke ruang publik dalam rencana zonasi tanpa intervensi nyata dari pemerintah. Karena sebagian besar administrasi yang bertanggung jawab atas pengambilalihan menghindari kewajiban ini, prosedur yang ditetapkan oleh administrasi untuk perencanaan merupakan intervensi yang tidak proporsional dan tidak adil dalam hak milik pemilik tak bergerak. Dalam penelitian ini akan dijelaskan pengertian dari konsep sita hukum di Turki, unsur-unsurnya, upaya penyelesaian untuk mengakhiri campur tangan terhadap hak milik akan dijelaskan, prosedur dan prinsip-prinsip yang harus dipertimbangkan selama penilaian akan dijelaskan dengan memberikan contoh-contoh dari kasus hukum peradilan dan keputusan Pengadilan Hak Asasi Manusia Eropa, dan proposal solusi akan disajikan.Kata Kunci: Penyitaan Hukum; Rencana Pembangunan; Properti; Kontravensi Юридическая конфискация как проблема права собственности в Турции Абстрактный.Закон о зонировании № 3194 в Турции является основным постановлением закона о зонировании. В Законе о зонировании есть положение, согласно которому участки, выделенные для общественных услуг в планах зонирования, будут экспроприированы в течение пяти лет. Однако, если отчуждение недвижимой вещи не завершено в сроки, указанные в правовом регулировании, на собственника, лишенного права распоряжаться недвижимой вещью, несправедливо возлагается тяжелое бремя. Понятие «юридическая конфискация» возникает, когда право собственности владельца недвижимой вещи ограничивается в течение многих лет только путем отнесения частной недвижимой собственности к общественным местам в планах зонирования без какого-либо фактического вмешательства со стороны администрации. Поскольку администрации, ответственные за экспроприацию, в большинстве случаев избегают этого обязательства, процедуры, установленные администрацией для планирования, представляют собой несоразмерное и несправедливое вмешательство в имущественные права владельцев недвижимого имущества. В этом исследовании будет объяснено определение концепции правовой конфискации в Турции, ее элементы, средства правовой защиты для прекращения вмешательства в право собственности, а также будут объяснены процедуры и принципы, которые должны быть рассмотрены в ходе судебного решения, с помощью примеров из будет представлена судебная практика и решения Европейского суда по правам человека, а также предложения по их решениям.Ключевые слова: Конфискация; План Строительства; Собственность; Правонарушение

scholarly journals ENSURING THE CITIZENS’ RIGHTS AND FREEDOMS IN CASE OF COVID-19 VACCINATIO IN THE PUBLIC HEALTH SYSTEM

2021 ◽  
Vol 74 (11) ◽  
pp. 2863-2869
Author(s):  
Nataliya Gutorova ◽  
Vitalii Pashkov ◽  
Tetyana Kaganovska
Keyword(s):  
Public Health ◽  
Health System ◽  
Legal Status ◽  
Public Health System ◽  
Essential Element ◽  
Legal Regulation ◽  
Right To Health ◽  
The Public ◽  
The Right ◽  
Restrictive Measures

The aim: To study the legal and regulatory framework for ensuring the right to health of patients depending on the legal status of coronavirus vaccines in different countries as an essential element influencing the right to public health and other rights of citizens. Materials and methods: In this paper, we study the legal norms and scientific positions on the above issue using generalized information from scientific journals that use scientific methods from a medical and legal point of view. This article is based on dialectical, comparative, analytical, synthetic, and complex research methods. Using the above methods, we studied the attitudes of different categories of citizens to vaccination against coronavirus disease through questionnaires on the following issues: attitudes to vaccination in general; motivation for vaccination, in case of consent to vaccination; reasons for refusal of vaccination. The case-law of the European Court of Human Rights on vaccination and ensuring the rights of citizens to health care was also analyzed. Results: Proper legal regulation of the right to health depending on the legal status of the vaccines is important in order to implement restrictive measures to combat COVID-19 and, accordingly, to prevent the possible spread of a pandemic in the public health system. Conclusions: Ensuring the right to health and applying restrictive measures to prevent the spread of a pandemic is an essential element of the public health system. However, the question of the legal status of vaccines is crucial to prevent the spread of the disease. That is, it is essential to go through all the stages of clinical trials for the vaccines used. Their safety and effectiveness and proving the fact that the harm of vaccination is much less than the harm of the spread of coronavirus disease. In the process of ensuring the right to health, including by making compulsory vaccination against COVID-19, legal framework and practice are critical components that aim to minimize the potential hazards that threaten the health and lives of the population.

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