scholarly journals Legal guarantees as an independent element of the administrative and legal status of servicemen: the theoretical and legal aspect

2018 ◽  
Vol 1 (2) ◽  
pp. 39-43
Author(s):  
Valerii Koval ◽  
Keyword(s):  
Legal Status ◽  
Legal Aspect ◽  
Independent Element

scholarly journals INSTITUTE OF PRESIDENCY IN HUNGARY AND UKRAINE: POLITICAL AND LEGAL ASPECT

2020 ◽  
pp. 85-94
Author(s):  
Sergii Tellis ◽  
Keyword(s):  
Comparative Study ◽  
Legal Status ◽  
Legal Aspect ◽  
Executive Branch ◽  
The Political ◽  
Constitutional Court ◽  
Personal Impact ◽  
Positioning Strategy ◽  
Head Of State ◽  
The Government

The article provides a comparative study of the constitutional powers granted to presidents in Ukraine and Hungary in the context of the political and legal aspect, and also an attempt to appraise the role of subjective factors involved in the exercise of state power and transformation of the presidency institute of the aforementioned states. The aim of the article: to comparative study of the constitutional and legal status of Hungarian and Ukrainian presidents in the political and legal context and performing an appraisal of the personal impact exerted by the head of state on the government of the above-said countries. The research methodology: to observation and generalization; ordering of all basic elements; method of scientific generalization, which made it possible to formulate conclusions. As a result, it is established that the institution of the presidency in Ukraine is the core of the executive branch, which dominates the state system. In Hungary, the executive and legislative branches make up a political bloc (alliance) which is counterbalanced in certain relations by the constitutional court and judicial power. The subjective factor, namely personal qualities of presidents – career path, role perception, interpretation of powers – determines the political heft of the head of state. Subject to sufficient individual traits, a constitutionally “weak” president is able to influence the country’s development concept and the positioning strategy on the global scene.

General characteristics of a bailiff’s legal status in the Russian Empire and the Russian Federation (comparative legal aspect)

2020 ◽  
pp. 426-434
Author(s):  
Elena Goltsman
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Aspect ◽  
Russian Empire ◽  
Legal Position ◽  
The Russian Federation ◽  
The Russian Empire ◽  
Clear Idea ◽  
Political Economic ◽  
Revolutionary Period

Based on the methodology of chrono-discrete monogeographic comparative law, we identify the comparative potential of bailiffs’ legal status in the Russian Empire and the Russian Federation. Until recently, the legislation of the Russian Federation did not give a clear idea of bailiffs’ legal position in the civil service. We believe that, speaking about a bailiff’s legal status and comparing the regulatory framework that regulates it, it is necessary to determine what elements constitute a bailiff’s legal status; to compare comparable, conditionally comparable and incomparable elements of this status. At present, this issue is more definite and developed in comparison with the pre-revolutionary period. Comparison of specific elements of legal status in different historical periods may lead to the development of prac-tical recommendations for improving the current legislation governing the structure and activities of the institution of bailiffs. We designate six ele-ments of bailiffs’ legal status, which are fundamentally comparable in rela-tion to the Russian Empire and the Russian Federation. We also note the need to take into account the specific historical situation in the studied periods, the specifics of the political, economic, and social structure, and the peculiarities of legal awareness and mentality.

scholarly journals Consent to the Use of Artificial Reproduction and its Legal Significance for Establishing the Origin of the Child

Lex Russica ◽  
2020 ◽  
pp. 21-31
Author(s):  
D. A. Belova
Keyword(s):  
Legal Status ◽  
Assisted Reproductive Technologies ◽  
Legal Aspect ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Best Interests ◽  
Artificial Reproduction ◽  
Legal Information ◽  
The Status ◽  
The Will

The paper is devoted to the study of problems related to the establishment of the origin of children born as a result of artificial fertilization in the comparative legal aspect. It is noted that the principles laid down as the basis of the rules governing the order of the child’s origin vary significantly depending on whether it is a matter of natural or artificial reproduction. In the case of assisted reproductive technologies (ART), the value of blood (genetic, biological) kinship is leveled, and its substituted by the will of the person to acquire parental rights and obligations with regard to the child. A person’s will to become a child’s parent is expressed before the child is born in a written permission to use the ART. It is noted that the absence of normative rules regulating the order of expression of consent and conditions of its validity is an obvious gap in the legal regulation of the ART application. It is proposed to treat consent as informed consent if the person applying for the use of ART is provided not only medical but also legal information concerning the legal status of the person participating in the ART program and the legal implications of such participation. The author investigates requirements applied to mutual consent and voluntary consent, its substantive and revocable nature, as well as inadmissibility of representation when expressing the will to use the ART. The author argues that the will to acquire the status of a parent should be expressed in a separate document describing the content of the will and verified by the notary. In order to ensure the best interests of the child in parental care, it is proposed to impose statutory restrictions on the free will to apply the ART.

scholarly journals The Main Scenarios for the Formation of Territorial Autonomies in the Modern World (Constitutional and Legal Aspect)

Lex Russica ◽  
2019 ◽  
pp. 132-150
Author(s):  
I. V. Irkhin
Keyword(s):  
Legal Status ◽  
Legal Aspect ◽  
The Philippines ◽  
Small Population ◽  
The State ◽  
Modern World ◽  
Policy Model ◽  
Legal Structure ◽  
The Uk ◽  
National Governments

As part of the analysis of the practices of institutionalization of constitutional and legal status of territorial autonomies of Bolivia, Great Britain, Denmark, India, Indonesia, Canada, China, Moldova, Uzbekistan, Finland on the basis of the criteria and methods of their formation, it is indicated that there are two main scenarios. According to the first one, territorial autonomies are formed on the basis of international and national legal acts. The second scenario assumes the formation of autonomies based on national legal acts only.In the structure of the first scenario, territorial autonomies formed as a result of negotiations between the parties to the conflict (confrontation model) and in the Directive order (Directive model) are separated. In the structure of the second scenario, territorial autonomies established following the negotiations on the basis a peaceful compromise or as a result of confrontation (consensus and confrontation models), as well as autonomies formed unilaterally (policy model) are highlighted.The conceptual requirements for the successful institutionalization of territorial autonomy are as follows: the presence of rooted in society and the state traditions of democracy and the rule of law; the establishment of a real regime of internal self-government; limited material and financial resources and the resulting dependence on the state; the absence of disputes about sovereignty; clarity of the formal legal structure of the constitutional legal status; small population and the territory of autonomy. In this case, the structure and content of these requirements are very mobile, and therefore can be combined in different proportions with different specific gravity.Typical examples of the most stable territorial autonomies (in terms of territorial integrity and unity of the state), in which these conditions are present in different volumes, are the autonomies of Bolivia, the Aland Islands, the Faroe Islands, Hong Kong and Macao. This category can also include Karakalpakstan and Nunavut because of their total dependence on the support of national governments.In turn, the potential for the development of separatist tendencies remains in the UK (Scotland, Northern Ireland), India, Indonesia, China (Tibet), Moldova, and the Philippines.

scholarly journals The concept of «liberties» in the Ukrainian legal tradition and legal documents of the XV – early XX centuries

2021 ◽  
pp. 263-269
Author(s):  
L. V. Khudoyar
Keyword(s):  
Middle Ages ◽  
Legal Status ◽  
Legal Aspect ◽  
Philosophical Tradition ◽  
Political Rights ◽  
Legal Tradition ◽  
Legal Regime ◽  
Legal Documents ◽  
Conceptual Apparatus ◽  
The People

The article is devoted to the consideration of the legal aspect of the concept of «liberties» in the historical and legal reality of the XV – early XX centuries. Researchers’ interpretations of the meaning of the concept of «liberties» of the Middle Ages and the Cossack-Hetman era are considered. An attempt has been made to consider the notion of «liberties» in relation to the notion of «rights» and the legal tradition of the time. It is noted that by the eighteenth century. the actual meaning of the concept of «liberties» was the legal status of a person, group of persons, full status, as well as the legal regime of the territory. The concept of «liberties» for five hundred years reflected the dynamics of social values by enshrining them in legal documents and the rule of law. This concept has evolved in accordance with the transformations of legal reality and legal life of society, the genesis of legal understanding, the development of legal terminology and the conceptual apparatus. The course of the struggle of the Ukrainian population for their rights and freedoms led to the dominance of the problem of rights and freedoms in the legal consciousness and in the legal life of the then Ukrainian society. The meaning of the concept of «liberties» was formed as a result of a combination in the minds of the people of the Western philosophical tradition, religious, spiritual and legal values and ideology of the then Ukrainian politicum. For a long period from XV to XVIII centuries. in fact, the meaning of the concept of «liberties» was the legal status (scope of rights and freedoms) of a person, group of persons, estates, as well as the legal regime of the territory. In the early twentieth century. the concept of «liberties» was included in the texts of the constitutional acts of the UPR. This is explained, in our opinion, by two reasons: the authors’ attempt to emphasize the longevity and continuity of the national legal tradition and the imperfection of the terminology and the then conceptual apparatus of legal science. However, other variants of the meaning of the concept of «liberties» are not excluded, in particular, in the understanding of the political rights of a particular community. This question requires further, deeper research. Keywords: liberties, law, freedom, Ukrainian legal tradition, legal status of the Ukrainian population, legal regime of the territory of residence of the Ukrainian population, legal values

scholarly journals LEGAL STATUS OF POLITICAL PARTIES IN UKRAINE

2021 ◽  
pp. 138-144
Author(s):  
M. V. Sizokrylov
Keyword(s):  
Soviet Union ◽  
Political Parties ◽  
Party System ◽  
Legal Status ◽  
Legal Aspect ◽  
Party Systems ◽  
Legal Framework ◽  
The Soviet Union ◽  
Short Period ◽  
Made In

The article is devoted to the issues of the legal status of political parties in Ukraine, as a  necessary mechanism for regulating their activities. The need for a comprehensive study of  the features of the legal status of political parties in Ukraine is due to the need for knowledge  about the main legislative acts that regulate their activities, as well as the functioning of the  political and party systems of Ukraine. Undoubtedly, this issue is one of the most relevant for  this period of time, since the issues that are explored in this article are the main ones in the implementation of the domestic and foreign policy of the state, and, accordingly, affect the life  of citizens. The legal framework for the functioning of political parties and the party system  in Ukraine is not perfect today, but there is some progress in this direction through the use of  foreign experience.  The imperfection of the legal framework for the functioning of political parties in Ukraine  and the party system of Ukraine in general can be explained by certain specifics of our state.  It consists in the fact that for seventy years Ukraine has been within the framework of a oneparty  totalitarian system. Under such conditions, there can be no question of any legal basis  for regulating the activities of political parties. because the Constitution of the Soviet Union  officially enshrined that the ruling Communist Party was the only one in the country.  Prior to the establishment of Soviet rule for three years, there were some steps towards  advancing Ukraine's party system, but they were all offset by the fact that Ukraine lost its  independence and found itself under the rule of the northern neighbor's dictatorship for 70  years. It is clear that during this short period there was no question of any legal aspect, only  political.  As can be seen from the concrete facts, with the gaining of independence in 1991, no  great strides were made in this important issue. The Constitution of Ukraine was adopted only  for 5 years of independence, and a separate law regulating the activities of political parties in  Ukraine was adopted only in 2001, ie 10 years after independence. Some slow steps towards  progress have been made since 2014, but much remains to be done to say that Ukraine's legal  framework for regulating political parties is the same as Europe's. 

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