scholarly journals Legal Basis of Organization and Functioning of Political Parties in Ukraine

2019 ◽  
pp. 43-53
Author(s):  
Yuliia BEVZ

The article is devoted to the research of the state of the legal basis of organization and functioning of political parties in Ukraine. Attention is drawn to the fact that the legal basis for the organization and functioning of political parties in Ukraine is mainly the general provisions of normative legal acts, namely: the Constitution of Ukraine, the Tax Code of Ukraine, the Law of Ukraine «On Political Parties in Ukraine», «On the Election of the President of Ukraine» , «On the Election of the People’s Deputies of Ukraine», «On the Local Elections», «On the State Registration of Legal Entities and Individuals — Entrepreneurs and Public Entities», etc. It is established that, although certain norms determine the peculiarities of creation, registration, activity and termination of political parties, their structural formations, a number of provisions of legislation regarding the organization and functioning of political parties require further elaboration. According to the results of the analysis, the main directions of improvement of the legal basis for the organization and functioning of political parties in Ukraine were proposed, in particular: clarification of the definition of the term «political party» contained in Art. 2 of the Law of Ukraine «On Political Parties in Ukraine» basing on the legal essence of this concept; defining the principles of political party activity; clarification of the list of documents submitted by the applicant for state registration of political parties; defining an exhaustive list of grounds for refusal to register a political party in order to prevent free interpretation by the bodies of registration of the provisions of legislation; specifying the procedure for state registration of political parties and providing additional time for eliminating deficiencies in the documents submitted for registration (suspension of consideration of documents submitted for state registration); determining the procedure for adopting, registering amendments and additions to the statute of a political party; the procedure for convening and holding the constituent congress (conferences, meetings), the procedure for forming and powers of governing party bodies; the need to determine the status of property after the cessation of political party activity. It is proposed to amend certain articles of the Law of Ukraine «On Political Parties in Ukraine» and the Law of Ukraine «On State Registration of Legal Entities and Individuals — Entrepreneurs and Public Formations».

2020 ◽  
Vol 01 (02) ◽  
pp. 1-6
Author(s):  
Sodirjon Bakievich Yakubov ◽  

The Law "On the State Language of the Republic of Uzbekistan" was adopted and the Uzbek language gained a legal basis. The law is an important factor that reflects the spirituality, psyche and dignity of the Uzbek nation, that is, the status of the language has been legally strengthened. In his speech on the occasion of the thirtieth anniversary of the official status of the Uzbek language, President of the Republic of Uzbekistan Shavkat Mirziyoyev said that "the Uzbek language has emerged as a powerful force uniting our people and mobilizing our society for great goals ...


Author(s):  
Ramziddin Khayridinovich Abdusatarov ◽  

The Law “On the State Language of the Republic of Uzbekistan” was adopted and the Uzbek language gained a legal basis. The law is an important factor in expressing the spirituality, spirit and dignity of the Uzbek nation, that is, the status of the language has been legally strengthened. In his speech on the occasion of the 30th anniversary of the official status of the Uzbek language, President of the Republic of Uzbekistan Shavkat Mirziyoev said that “Uzbek as a state language has emerged as a powerful force uniting our people and mobilizing our society for great goals... Language is the wealth, values and property of the nation”.


Author(s):  
O.R Shevchuk ◽  
N.F. Mentukh

It is substantiated that the tasks of anti-corruption fight have the status of priority and national. The domestic legal framework on security issues should fix a clear establishment of the powers of state bodies, first of all security bodies, as well as promote interdepartmental coordination, including in the case of long-term aggression against our country, which has pronounced «hybrid» manifestations.It is established that the imperfect system of anti-corruption bodies, as well as the lack of a clear national an-ti-corruption policy and public authorities responsible for its implementation, are a significant factor in the devel-opment of Ukraine’s difficult situation in the field of corruption. Given the anti-corruption policy and its essence, functional purpose and powers, it is possible to divide the subjects of anti-corruption into basic groups of subjects, which form and ensure the implementation of national anti-corruption policy; the normative base of anti-corruption fight is created and improved.The authors concludes that in order to collect, store, analyze and summarize information on the facts of cor-ruption, including individuals and legal entities involved in corruption, in special units to combat corruption it is necessary to create and maintain operational records and centralized data banks.In the prosecutor’s office, it would be appropriate to maintain a single database on the state of anti-corruption, which should be formed on the basis of information provided by the prosecutor’s office, internal affairs and national security.Of course, in order to ensure the security of business activities, the law should now enshrine the obligation to publish information on convictions of corruption and other crimes in the economic sphere, as well as to bring indi-viduals to administrative responsibility for committing corruption offenses. In this regard, appropriate additions and changes should be made to a number of laws and, first of all, to the Law of Ukraine «On State Registration of Legal Entities, Individuals - Entrepreneurs and Public Associations» of May 15, 2003 № 755-IV. In particular, provide for the possibility of publishing in the registers of information about the potential danger of economic entities that act as contractors.


Author(s):  
Saim Aksnudin

In the national development the role of land for the fulfillment of various purposes will increase, either as a place to live or for business activities. In relation to that will also increase the need for support in the form of guarantee of legal certainty in the field of land. The result of the research is the conception of the state of Indonesia is a state law, which contains the meaning in the administration of government and the state based on the law, the protection of the law is a universal concept of the rule of law. The legal certainty on land rights as intended by the UUPA encompasses three things, namely the certainty of the object of land rights, certainty on the subject of land rights and certainty about the status of landrights. Legal conception of land title certificate is a proof that issued by authorized legal institution, containing juridical data and physical data which isused as evidence of ownership of land rights in order to provide assurance of legal certainty and certainty of rights to a plot of land owned or possessed by a person or legal entity. With the certificate of rights, it is expected that the juridical can guarantee the legal certainty and the right by the state for the holder of the right to the land. This country's guarantee is granted to the owner or the holder of the certificate may be granted because the land is already registered in the state land administration system.


THE BULLETIN ◽  
2021 ◽  
Vol 2 (390) ◽  
pp. 250-255
Author(s):  
K. S. Zhylkichieva ◽  
A. A. Kalybaeva ◽  
G. Zh. Koshokova

The article analyzes using the normative and systematic methods, as well as analysis and synthesis, the content of the statements of Constitution of the Kyrgyz Republic, Civil Code of the Kyrgyz Republic, Criminal Code of the Kyrgyz Republic, the Law of the Kyrgyz Republic «About Normative Legal Acts of the Kyrgyz Republic», the Law of the Kyrgyz Republic «On the Regulations of the Jogorku Kenesh of the Kyrgyz Republic» and the works of the legal scholars. It examined the provisions of laws adopted for general regulation and concludes they are serious problems, because of them there is a "blurring" of the contour of the legislation on legal entities in the article. The publication supports the opinion of the authors of the Concept for Development, according to which the regulation of the status of legal entities in the civil legal field can be characterized by a set of the laws and regula-tions in force in the Kyrgyz Republic, which do not always correspond to each other, as well as to the Civil Code. The low legal and technical level and ineffectiveness in practice are also shown by some adopted laws. It noted the Civil Code of the Kyrgyz Republic, adopted on May 8, 1996, created the new foundation for the regulation of legal entities, which was supplemented by many new laws over the next decades in the article. The authors come to the conclusion the fairly honest assessment can be applied to the established regulation – that with the main vector of development of the Concept of Civil Legislation in Kyrgyzstan, in general, there is an economic, social and well-grounded the logic and generally justifiable modern civil law in relation to legal entities. But at the same time, for many problems, correct solutions have not yet been found and no efficiency ratings have been given.


Author(s):  
Olha Ovechkina

In connection with the decision to withdraw the UK from the EU a number of companies will need to take into account that from 1 January 2021 EU law will no longer apply to the United Kingdom and will become a "third country" for EU Member States, unless the provisions of bilateral agreements or multilateral trade agreements. This means that the four European freedoms (movement of goods, services, labor and capital) will no longer apply to UK companies to the same extent as they did during the UK's EU membership. The purpose of the article is to study, first of all, the peculiarities of the influence of Great Britain's withdrawal from the European Union on the legal regulation of the status of European legal entities. Brexit results in the inability to register European companies and European economic interest groups in the UK. Such companies already registered before 01.01.2021 have the opportunity to move their place of registration to an EU Member State. These provisions are defined in Regulations 2018 (2018/1298) and Regulations 2018 (2018/1299).British companies with branches in EU Member States will now be subject to the rules applicable to third-country companies, which provide additional information on their activities. In the EU, many countries apply the criterion of actual location, which causes, among other things, the problem of non-recognition of legal entities established in the country where the criterion of incorporation is used (including the United Kingdom), at the same time as the governing bodies of such legal entities the state where the settlement criterion is applied. Therefore, to reduce the likelihood of possible non-recognition of British companies, given the location of the board of such a legal entity in the state where the residency criterion applies, it seems appropriate to consider reincarnation at the actual location of such a company. Reducing the risks of these negative consequences in connection with Brexit on cross-border activities of legal entities is possible by concluding interstate bilateral and multilateral agreements that would contain unified rules on conflict of law regulation of the status of legal entities.


2021 ◽  
Vol 6 (7) ◽  
pp. 37-43
Author(s):  
Ikhtiyor Bekov ◽  

This article is devoted to the issues of constitutional and legal regulation of the legal status of factions of political parties in the parliament. In the article, the constitutional and legal basis of the activity of factions of political parties in the Republic of Uzbekistan has been studied based on comparison with national and foreign experience and its specific features have been revealed. The scientific works of national and foreign researchers on the stages of formation and development of the legal basis of the activity of factions of political parties in the Republic were been analyzed


pride which makes a mortal forget his place in the order of things), the word is most often used of dealings between human beings. It generally describes behaviour which is uncontrolled and which presupposes a desire to humiliate or at least a contempt for the rights and prestige of others. It could be applied to anything from mockery through verbal insult to physical assault, including rape. However, in law the term was narrower. The law on hybris quoted at Dem. 21.47 appears to cover action, not words. It is likely, moreover, that in legal contexts at least, though the law was imprecise (it appears to have begun: ‘if anyone commits outrage [hybris] against someone . . .’), the offence was generally understood to cover physical violence. It is not clear what converted aikeia into hybris, but it may be suggested that where the speaker could argue that the assault was committed either with the intention of humiliating or with wilful disregard for the status of the victim then the action for outrage might succeed. In the present case the action of Konon in imitating a victorious fighting cock after beating Ariston could be held to prove either. In explaining his reasons for choosing the private action, Ariston naturally places the emphasis on modesty (a public action would require more boldness and greater legal experience than a young man should in this culture possess) and restraint. In the process he suppresses other motives. As was explained in the general introduction, the prosecutor in a public action faced serious penalties if lie either dropped the case or failed to obtain 20 per cent of the judges’ votes. In addition, since on most reconstructions hybris involved the state of mind or intention of the perpetrator it would be more difficult to prove than aikeia, for which the fact of striking first sufficed. Finally, if Konon were convicted in a public action for hybris any fine would go to the state, while the victor in a private action for aikeia stood to gain compensation. The case against Konon is presented with remarkable force, and one’s first impression is that Ariston’s case is overwhelming. As to the assault itself, Ariston has good evidence from a doctor that he was severely beaten. That Konon was actually the perpetrator is suggested by Konon’s behaviour at arbitration (for which Ariston has witness testimony); evidently Konon had difficulty assembling a case, and it appears that it was only when his situation was looking desperate that his associates gave evidence on his behalf. However, it is far from clear that the witnesses who carried Ariston home actually saw the attack; they may merely have found him lying beaten. It may be that the only witness on Ariston’s side was his friend Phanostratos. From §§30–3 one

2002 ◽  
pp. 103-103

2009 ◽  
Vol 42 (3) ◽  
pp. 564-602
Author(s):  
Dan Ernst

The Article argues for a new assessment of the significance of Israel's Law of Return—that the Law of Return reflects not the sovereign prerogative of a state to control immigration, but the right of every Jew to settle in the Land of Israel. This understanding of the Law of Return explains why Section 4 proclaims that as far as the Law is concerned, the status of Jews born within the State of Israel is the same as those arriving to Israel from abroad. Resolving the anomaly of Section 4 dispels several misinterpretations of the Law of Return and the critiques of the Law which grow out of these misinterpretations. The Article also surveys and answers several liberal objections to Israel's policy of granting preference in immigration and naturalization based on ethno-national identity and presents an argument, for giving priority to Jewish immigration and naturalization based on the extra benefits (religious, political, and communal) that Jews receive from such immigration and naturalization. Finally, it is submitted that the State of Israel has an obligation of justice to admit Jews into the state as full citizens upon their demand, since this was a reasonable expectation of those in past generations who had contributed to the existence and maintenance of the state.


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