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1
Danilovskaia, Anna. "Criminal law protection of competition in the European Union, Germany, Great Britain and France." Юридические исследования, no. 6 (June 2020): 21–35. http://dx.doi.org/10.25136/2409-7136.2020.6.33294.
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The object of this research is competition policy and criminal law policy with regards to protection of competition in Europe that are similar to the Russian approach of countering infringement on fair competition. Legislation on competition is dynamically developing in all countries, which causes corresponding changes in their criminal law policy. For improving the effectiveness of cartel detection, many countries endorsed leniency policy for cartels, as well as make amendments to their laws due to proliferation of unfair competition, particularly on the Internet, as well irregularities in tendering. The analysis of modern sources of competition and criminal law of Germany, Great Britain and France, as the first European countries that developed the rules aimed at protection of competition, can be valuable for understanding the concept of protection of competition adopted by the world community, as well as its European model. The consists in broadening the existing knowledge on criminal law protection of competition in Europe, acquired as a result of comprehensive research of the legislations of the European Union, Germany, Great Britain and France in the area of protection of fair competition with consideration of recent amendments, including leniency policy for cartels. The author concludes that Europe has a developed criminal law mechanism for counteracting anticompetitive behavior, which is characterized by a range of prohibited acts, application of versatile criminal law measures to the persons guilty of such infringements, differentiated approach to the questions of their criminal liability, and substantial main and additional sanctions applicable to not only physical entities, but also legal entities in some countries. The obtained results can be useful in lawmaking, scientific and educational activity.
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Prasov, Oleksandr, and Yuliia Abakumova. "PRINCIPLES AND PROBLEMS OF FINANCIAL PROVISION OF EDUCATION TO PERSONS SENTENCED TO IMPRISONMENT." Baltic Journal of Economic Studies 6, no. 4 (November 24, 2020): 141–48. http://dx.doi.org/10.30525/2256-0742/2020-6-4-141-148.
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The purpose of the article is to study the economic and legal problems of financing the education of persons sentenced to imprisonment, realization of their constitutional right and to propose to eliminate existing gaps in the legislation. Methodology. The survey is based on an analysis of the principles of financing education, including prison education, on the procedure and problems of financing education for persons sentenced to imprisonment. The principles, good practice and problems of providing educational services in Singapore, Japan, Hong Kong, South Korea, Finland, the Netherlands, Canada, Poland, Germany, Ireland, Great Britain, the USA, Estonia, Kazakhstan, Ukraine, the Russian Federation are considered. Sourcing of education (state, non-state and mixed) are investigated. The analysis of macro indicators of social and economic development of the countries, in which certain system of financing of education operates, is carried out. Emphasis is placed on the fact that the country's development largely depends on the share of gross domestic product spent on research. Only if the cost of science exceeds 0.9% of gross domestic product, it can be said about the impact of science on the development of the state economy. It is concluded that most European countries use the so-called principle of "funding formula", according to which the state allocates financial resources to higher education institutions in amounts determined by special indicators, such as high quality of education, number of students, labor intensity and material consumption of the education process. Results. In the process of studying the state policy on financing the educational system, it has been concluded that tthe most developed countries with a sufficiently high level of gross domestic product per capita have the state system of financing higher education. The main positive feature of penitentiary educational systems is their focus on the prisoner as an individual to provide his or her needs, the opportunity to acquire professional skills and, in the future, to integrate into society and restore his or her social status easily. The authors also conclude that due to certain difficulties in obtaining education by prisoners, namely, most of these persons cannot get an education because they are in isolation from society, their attendance at school is impossible, the way out of this situation is distance learning. Practical implications. . Proposals have been made, according to which higher education for persons sentenced to imprisonment should be regarded as paid activity along with work, and the possibility of obtaining distance education should be enshrined in law. Value/originality. The article provides proposals for amendments to the legislation in the field of education for persons sentenced to imprisonment in some post-Soviet countries for the harmonization of regulations.
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Мухитдинов, А. А. "INTERNATIONAL LEGISLATION AND THE EXPERIENCE OF FOREIGN COUNTRIES IN COUNTERING RELIGIOUS EXTREMISM." VESTNIK OF THE EAST SIBERIAN INSTITUTE OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION, no. 2(105) (June 9, 2023): 199–215. http://dx.doi.org/10.55001/2312-3184.2023.86.23.018.
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Введение. В статье рассматривается и анализируется опыт зарубежных государств в сфере противодействия религиозному экстремизму, а также участие в этой деятельности раз-личных международных организаций, таких как ООН, СНГ, ОДКБ и Шанхайской организации сотрудничества. Отмечается, что в западных странах, таких как США, Франция, Германия, Великобритания, уже выработаны навыки противодействия такому представляющему угрозу социально-политическому явлению, как религиозный экстремизм. Этот опыт необхо-димо пристально изучать и применять в странах Центральной и Средней Азии, где также ве-дется активная работа в этом направлении. В статье показано, что борьба с религиозным экс-тремизмом не ограничивается только силами государственных структур. Данную деятель-ность активно ведут различные неправительственные общественные организации, граждан-ское сообщество и аналитические центры. Материалы и методы. Основой исследования являются международные нормативно-правовые акты и законодательство зарубежных государств, а именно резолюции и декларации Генеральной Ассамблеи ООН, Шанхайская Конвенция о борьбе с терроризмом, сепаратизмом и экстремизмом, в рамках СНГ принят модельный закон «О противодействии экстремизму». Методологическую основу исследования составят различные методы. В первую очередь это диалектический метод, методы познания: синтез, анализ, индукция, дедукция, аналогия, гипо-теза, а также частно-научные методы, применяемые в правоохранительной деятельности: ис-торический, логико-юридический, статистический, сравнительно-правовой и иные. Результаты исследования заключаются в комплексном анализе современного состо-яния, перспектив развития и проблемных аспектов особенностей противодействия религиоз-ному экстремизму как на международном уровне, так и на основе законодательства зарубеж-ных стран. Разработанные и сформулированные в статье рекомендации будут направлены на совершенствование деятельности ОВД в борьбе с религиозным экстремизмом. Выводы и заключения, изложенные в статье, могут быть использованы в учебном процессе высших учебных заведений гуманитарного и юридического профиля, повышения квалификации правоохранительных органов. Проанализировав нормативную базу по вопросам противодействия экстремизму, выяв-лено, что о всех нормативных актах «экстремизм» представлен исключительно с религиозной, расовой и националистической точек зрения при отсутствии политической составляющей. В международном праве не существует единого подхода к определению такого явления, как экстремизм. При систематизации принятых международных нормативно-правовых актов в плос-кости противодействия экстремизму, разработка и утверждения конкретной и корректной де-финиции «экстремизм» полагается наиболее четким перспективным решением. При изучении международного опыта противодействию экстремизму предложены два варианта развития отечественного правового механизма в борьбе с данным явлением. Затронут вопрос воспитания молодого поколения в части нераспространения радикаль-ных течений. Отсутствие конкретной мировой стратегии противодействия радикализма и экстре-мизма может привести к необратимым последствиям. Introduction: the article considers and analyses experience of foreign states in the sphere of counteraction to religious extremism, and also participation in this activity of various international organizations, such as UN, CIS, CSTO and Shanghai Cooperation Organization. It's noted that West-ern countries such as USA, France, Germany, Great Britain have developed skills of counteraction to this threatening social-political phenomenon as religious extremism. Countries of Central and Cen-tral Asia, where efforts are also underway, should study and apply these skills. The article shows that the fight against religious extremism is not limited to government agencies. Various non-governmen-tal organisations, civil society and think-tanks are active in this area. Materials and Methods: the study is based on international normative legal acts and the legislation of foreign countries, namely the resolutions and declarations of the UN General Assembly, the Shanghai Convention on Combating Terrorism, Separatism and Extremism; a model law "On Combating Extremism" has been adopted in the framework of the CIS. Various methods constitute the methodological basis of the study. First of all, it is a dialectical method, methods of knowledge: synthesis, analysis, induction, deduction, analogy, hypothesis, as well as private scientific methods used in law enforcement: historical, logical-legal, statistical, comparative-legal and others. The Results of the study: Consist in a comprehensive analysis of the current state, develop-ment prospects and problematic aspects of the specifics of countering religious extremism both at the international level and on the basis of the legislation of foreign countries. The recommendations de-veloped and formulated in the article will be aimed at improving the activities of the Department of Internal Affairs in the fight against religious extremism. Findings and Conclusions: stated in the article can be used in the educational process of higher educational institutions of humanitarian and legal profile, advanced training of law-enforce-ment bodies. The analysis of the normative base on the issues of counteraction to extremism reveals that in all normative acts "extremism" is presented exclusively from religious, racial and nationalist points of view, with the absence of a political component. There is no unified approach to defining the phenomenon of "extremism" in international law. When systematising the adopted international legal acts in the field of countering extremism, the development and approval of a specific and correct definition of "extremism" is considered to be the most clear and promising solution. While studying international experience in combating extremism, two variants of develop-ment of domestic legal mechanism in combating this phenomenon are proposed. The question of education of young generation in non-proliferation of radical trends is touched upon. The absence of a specific global strategy to counteract radicalism and extremism can lead to irreversible consequences.
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Hachkevych, Andrii. "Tools for adaptating Ukraine’s artificial intelligence ecosystem to meet European Union standards." Law and innovative society, no. 1 (22) (June 16, 2024): 21–31. http://dx.doi.org/10.37772/2309-9275-2024-1(22)-2.
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This article delves into the preparation of Ukraine’s AI industry for the adoption of EU standards. The author evaluates six tools outlined in the 2023 Roadmap for the Regulation of AI in Ukraine and their potential application within the AI ecosystem. They are designed to foster the advancement of AI technologies in Ukraine while ensuring compliance with EU standards. It is imperative for government authorities to establish favorable conditions to facilitate the seamless integration of the EU AI Law in the future. The research demonstrates the auxiliary measures that can be employed to synchronize the Ukrainian legislation with the advancement of AI ecosystem. These adaptation tools also play a pivotal role in driving the industry’s growth. This discussion pertains to realizing the scientific, technical, and socio-economic potential of Ukraine’s information and communication technology sphere. The article discusses the significance of regulatory sandboxes and outlines methodologies for testing AI technologies and systems. It defines the tasks of labeling input data for machine learning and output data for generative AI, as well as labeling the AI systems themselves. The author explains the drafting of atypical acts within the EU legal system, such as white papers and codes of conduct, for adaptation. The article provides examples of instructions and recommendations for industry development in compliance with the EU AI Act standards. Furthermore, the author summarizes the role of each tool and suggests expanding the Roadmap to include software for developing and AI educational courses. The study contributes to the ongoing public debate on whether Ukraine requires an AI strategy alongside a government concept. It also includes examples of how the researched tools have been implemented in leading countries such as Canada, Great Britain, Japan, Singapore, the USA. Additionally, it showcases international initiatives within the G7 framework (International Code of Conduct for Organizations Developing Advanced AI Systems) and the Council of Europe (HUDERIA).
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Melnychuk, O. "Mediation in administrative proceedings: European experience for Ukraine." Uzhhorod National University Herald. Series: Law 2, no. 72 (November 27, 2022): 77–81. http://dx.doi.org/10.24144/2307-3322.2022.72.45.
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The article reveals the European experience of using mediation in administrative proceedings and the implementation of its best practices in Ukraine. Mediation in administrative proceedings has successfully proven itself in European countries. The tradition of alternative resolution of public legal disputes exists in Great Britain, Ireland, Germany, France, the Netherlands, Norway and other countries. The ability to use mediation in administrative proceedings is substantiated, the effectiveness of which depends on the peculiarities of each legal system, the organization of public administration and the existing practice of resolving public legal disputes.
It is indicated that the Code of Administrative Procedure of Ukraine, the Law of Ukraine «On Mediation» are favorable for the use of mediation. The main problem of implementing mediation in administrative proceedings lies in the political will and legislative capabilities of the subjects of power. A certain category of public-law disputes can potentially be resolved through mediation, provided there is a more stable practice and demarcation of discretionary powers of the relevant subjects.
It is proposed to continue to introduce pilot projects on mediation, in particular in tax disputes, as well as with the participation of local self-government bodies, with further scaling to the entire territory of Ukraine. The necessity of continuing the training of mediators, who would have knowledge of highly specialized legal norms in the field of law and public administration (concerning licensing, registration procedures, property valuation, assessment of taxes or social assistance, etc.) is indicated. It is recommended to introduce relevant disciplines into educational programs, to introduce certificate courses for training mediators that would form relevant competencies, to conduct a large-scale company to popularize procedures for resolving public legal disputes through mediation.
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Zorochkina, Tetiana. "Legal Enforcement of Teacher Education in Great Britain." Comparative Professional Pedagogy 7, no. 4 (December 1, 2017): 67–75. http://dx.doi.org/10.1515/rpp-2017-0052.
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Abstract The article deals with legal enforcement of teacher education in Great Britain. It has been found out that in Great Britain, the sources of education legislation are statutes and acts adopted by British government. All current statutes relating to education are classified either as public or private. Public laws contain general rules, that is, designed for all individuals and for repeated application. They operate throughout the country, addressed to all subjects of educational relations. Private statutes accumulate private norms, which refer to specific legal entities or individuals and contain strictly defined directives for them. They are addressed to a particular country or specific organization or group of individuals. It has been indicated that the system of education legislation in Great Britain in the context of teacher education is provided by a range of legal acts, such as the Education Reform Act of 1988, the Further and Higher Education Act of 1992, by the Teaching and Higher Education Act of 1998, The Education Act 2002, The Education Act of 2005, The Education and Inspections Act of 2006, The Education and Skills Act of 2008, The Education Act of 2011, The Education and Adoption Act 2016, The Higher Education and Research Act 2017 as well as legal acts of European authorities. It has been concluded that the orientation of the content of British legal acts toward quality teacher training should be successfully implemented into Ukrainian education legislation so that the national system of teacher training may be improved. It has been suggested that the prospects for further researchers are seen in studying the legal enforcement of teacher education in leading European countries (Sweden, the Netherlands, Germany, France, Switzerland etc.).
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Teslenko, Anton V. "Peculiarities of Regulation of Criminal Liability for Anti-Competitive Agreements in Some Common Law Countries (USA, Canada, Great Britain)." Zakon 20, no. 11 (November 2023): 182–94. http://dx.doi.org/10.37239/0869-4400-2023-20-11-182-194.
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This paper attempts to investigate the issues of legislative regulation of criminal liability for anticompetitive agreements in the USA, Canada and Great Britain for the purpose of drafting proposals for improvement of the domestic legislation and law enforcement practice.
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Bogdan, V. V., E. V. Chernykh, and R. W. Khalin. "CONSEQUENCES OF BRexIT FOR CONSUMERS AND LEGISLATION FOR THE PROTECTION OF CONSUMERS 'RIGHTS IN GREAT BRITAIN." Proceedings of the Southwest State University 22, no. 1 (February 28, 2018): 204–10. http://dx.doi.org/10.21869/2223-1560-2018-22-1-204-210.
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This article considers one of the topical issues of the development of legislation on consumer rights protection in the European Union countries in connection with Great Britain’s withdrawal from EU. European legislation on the protection of consumer rights has a number of features since all participants at the very beginning of the EU’s existence pledged to share responsibility for enacting legislation that protects consumer rights. The authors dwell on the problems of consumer rights protection in the UK, the consolidation of the legislation on consumer rights protection, and the models for building relations between the UK and EU: British membership in the European Economic Area (EEA); relations only within the framework of the World Trade Organization (WTO); cooperation, built on individual terms. In the study, the authors used analytical and formal-legal methods, the method of abstraction which made it possible to formulate conclusions on the conducted research. The authors come to the conclusion that there are strong relations between the rules of the Institute for the Protection of Consumer Rights of Great Britain and the legislation of the EU, so no major changes are currently expected. The Law "On the Rights of Consumers" not only introduced colossal changes in the national English legislation, but also summarized various aspects of consumer legislation in one legislative act. Such consolidation of consumer law in the UK has proved to be one of the most complex and promising legislative acts within the EU. Currently, it is difficult to predict the consequences of the UK’s exit from the EU for consumers and business, not knowing the scenario of the development of transitional or future relations with the EU. Undoubtedly, the next two years of the transition period will be difficult, since the decisions will be made by 27 EU countries without the participation of Great Britain.
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Hellstrand, Sandra. "Attempting Institutional Change: Swedish Apprenticeship, 1890–1917." Nordic Journal of Educational History 3, no. 2 (December 1, 2016): 31–53. http://dx.doi.org/10.36368/njedh.v3i2.78.
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Sweden never got an apprentice law after apprenticeship was de-regulated in 1864. This has been attributed to unified opposition to legislation from industry employers and trade unions, with the craft employers as the only advocates. Analysing the pattern of agreement and disagreement in the political struggle over apprenticeship in the Swedish case in 1890–1917, it is clear that opposition was not that uniform, nor was the support from the craft employers that undivided. This article makes use of Kathleen Thelen’s model of institutional change in order to shed new light on the developments in Sweden. The model states that any apprentice law requires a coalition of two or more out of the state, the crafts and the metalworking industries – divided into employers and workers. Legislation, in turn, is a near requirement for the survival of strong apprenticeship. In this article the Swedish case will be discussed in relation to two of Thelen’s cases, Germany and Great Britain. In Germany an apprentice law was passed in 1897, while in Great Britain no modern apprentice law was ever passed. Similarities can be found between both of these cases and the Swedish case.
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Perskaya, Victoriya, Lyubov Khomyakova, Dmitry Morkovkin, Tural Mamedov, Aleksandra Zvereva, and Alexander Chupin. "Prospects for the implementation of antimonopoly compliance in the EAEU law." OOO "Zhurnal "Voprosy Istorii" 2023, no. 9-1 (September 1, 2023): 92–107. http://dx.doi.org/10.31166/voprosyistorii202309statyi02.
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The article analyzes the legislation of France, Great Britain, Germany and the USA in terms of the presence or absence of normative regulation of the institution of antitrust compliance for government agencies and business entities. The article also assesses the positive and negative effects of antimonopoly compliance in the EAEU member states. The authors formulated proposals for the introduction of antimonopoly compliance in the EAEU member states and at the interstate level, taking into account international experience.
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Hryhorenko, O. "Legal regulation of some types of companies in Great Britain." Uzhhorod National University Herald. Series: Law 1, no. 76 (June 14, 2023): 153–57. http://dx.doi.org/10.24144/2307-3322.2022.76.1.23.
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The article "Legal regulation of some types of companies in Great Britain" is devoted to a retrospective research of commercial law in England, as well as an analysis of some modern types of companies in the United Kingdom. The commercial law background in England has a very deep history. Thus, the author pays attention to the development of trade relations in the British Empire, starting with the peculiarities of the British East India Company, a company so powerful that it once dominated almost the entire Indian subcontinent. Particular emphasis is given to the South Sea Company, essentially one of the first and most successful joint-stock companies of its time with its own characteristics. Against the background of the gradual development of that company, there was a need to adopt the Bubbles Act, which for almost a whole century prohibited the creation of new companies, regulating the activities of joint stock companies.
After analyzing the historical development of commercial law in England, the author analyzed the further development of such relations with the description of modern legislation of Great Britain. Author has payed attention that one of the biggest commercial law acts in the United Kingdom is the Companies Act, 2006, which concentrated the provisions of many previous acts of the XIX-XX centuries, incorporating two main features of company law - a simple registration procedure and limited liability.
Today the main types of companies in Great Britain are governed by the Companies Act 2006, which primarily distinguishes between limited and unlimited companies. In addition, the law also names private and public companies, as well as other types of companies. A separate legislative act, dated 1890, regulates the concept and features of a partnership, a special form of which is the LLP - a limited liability partnership, which is also regulated by a separate regulatory document.
England is the country with the sixth largest economy in the world, it is the first in Europe and the second country in the world after the USA - the largest provider of military aid to Ukraine, a rapidly developing country - and, therefore, its experience, retrospective analysis and research of modern legal institutions - are relevant, timely and useful for research and study.
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Gayratovna, Kamalova Dildora. "LIABILITY FOR PREPARATION TO COMMIT A CRIME IN THE CRIMINAL LEGISLATION OF FOREIGN COUNTRIES (COMPARATIVE LEGAL ANALYSIS)." American Journal of Political Science Law and Criminology 4, no. 12 (December 1, 2022): 36–40. http://dx.doi.org/10.37547/tajpslc/volume04issue12-07.
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The article highlights the issues related to inchoate crimes, preparing for a crime, the basis of liability and punishment for it on the example of foreign countries and national legislation. The author analyzed the issue of liability for preparation of a crime from a comparative legal point of view based on the criminal law of France, the Netherlands, the FRG, Great Britain, and the USA. Based on the study of the criminal legislation of these countries, the author draws a conclusion that in terms of liability for inchoate crimes, there is no criminal liability for preparation for a crime and certain forms of preparation for a crime are considered attempts to commit a crime.
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Shaposhnikova, N. Y. "Individual Educational Paths in the Universities of Russia and Great Britain: Theoretical Aspects." MGIMO Review of International Relations, no. 3(42) (June 28, 2015): 128–33. http://dx.doi.org/10.24833/2071-8160-2015-3-42-128-133.
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The author of the article points out that the Federal Law on Education and FSES HPE of the third generation require that higher education institutions should form and realize students' individual educational paths in the learning process. The article presents an overview of the different approaches to the definition of the term "individual educational path". It also gives a brief overview of the existing terms in Russian sources, which are close in meaning to the term above. The author formulates her own tentative definition of the term "individual educational path" which is based on the analysis made. The article further addresses the solution to the problem of the individualization of higher education learning process in Great Britain, which is described through the term "Personal Development Planning". The meaning of the term is shown through the set of actions, which include: planning, doing things, recording the experience of self, reviewing and evaluating this experience, using the personal knowledge derived from reflection and understanding of self as well as the learning abilities of self to plan future actions. In conclusion, the meanings of the terms "individual educational path" and "Personal Development Planning" are compared. The author stresses the importance of studying Great Britain's experience - the practice of solving problems connected with the individualization of the university learning process and the possibilities to use it to facilitate the implementation of students' individual educational paths in Russian higher education institutions.
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Štager, Vesna, Stanko Čokelc, and Maruša Fras Vengušt. "Comparative Analysis of the Changing Tax Legislation in Slovenia and Selected Countries." Lex localis - Journal of Local Self-Government 15, no. 4 (October 25, 2017): 845–68. http://dx.doi.org/10.4335/15.4.845-868(2017).
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The main aim of the article is to examine if the tax regulations in Slovenia are changing significantly more often than in the following selected countries: Austria, Great Britain, Croatia, Bulgaria, Hungary, Czech Republic, Poland and Romania, for which we used comparative analysis of the 10 different tax rules. We also investigate the taxpayers` views of Tax Law Complexity. Our research confirmed the hypothesis: that all the selected countries are faced with frequent changes in tax legislation; that taxpayers in Slovenia estimate the complexity of tax rules with the highest degree. Comparative analysis of the changing tax legislation and empirical research of Slovenian Tax Complexity represents an important contribution to science in the field of tax policy, administration and management of local affairs.
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Horoshko, Valentyna, Yehor Nazymko, and Yurii Pavliutin. "CRIMINAL PROCEDURE LAW OF UKRAINE IN THE CONTEXT OF EUROPEAN INTEGRATION: PROBLEMATIC ECONOMIC AND LEGAL ISSUES, WAYS OF REFORMING." Baltic Journal of Economic Studies 8, no. 3 (September 30, 2022): 48–52. http://dx.doi.org/10.30525/2256-0742/2022-8-3-48-52.
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The subject of the study is the coverage of problematic issues and ways of reforming the criminal procedure legislation of Ukraine in the context of European integration. Methodology. The methodological basis of the study is a dialectical method of scientific knowledge, through the application of this method the legal, functional, organizational and procedural aspects of methodological approaches to the understanding of problematic issues are considered and the ways of reforming the criminal procedure legislation of Ukraine in the context of European integration are considered. The results of the article analyze the current criminal procedure legislation of Ukraine and the legislation of the countries of the European Union. When analyzing the French criminal procedure, two main features can be identified, which distinguish it from the Anglo-Saxon legal system and are criticized by experts from Great Britain and the United States. In France judges are vested with considerable powers. The first feature of French criminal procedure is the institution of preliminary interrogation of the accused by the presiding judge. The judge verifies the sufficiency of the evidence for a conviction. Conclusion. So, based on the above, it is possible to conclude that the Criminal Procedure Code of Ukraine was created in the spirit of democratic values, but some of its norms need to be reformed in order to improve the mechanism of protection of the rights, freedoms and legitimate interests of an individual. The practical experience of France, the Federal Republic of Germany and Great Britain is relevant. The shortcomings of the Criminal Procedure Code of Ukraine are highlighted. The prospects for their reform are outlined and amendments to the current legislation in the context of European integration are proposed. Prospects for further research: a) the study of the experience of individual foreign countries in the context of the improvement of criminal procedural norms; b) analysis of the possibility of harmonization of criminal procedural legislation of Ukraine with the norms of the European Union; c) development of an effective mechanism of relations between the subjects of criminal proceedings. The issue of the relevance and admissibility of evidence is also important. Articles 87-89 of the CPC of Ukraine establish the grounds and procedure for declaring evidence inadmissible. However, judicial practice shows a large number of criminal proceedings against public persons, which the court had to terminate due to the lack of evidence, due to the inadmissibility or improper nature of the evidence. The authors believe that the legislative regulation of the process of collecting evidence in the UK is a positive experience for Ukraine.
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Shaposhnikova, N. Yu. "Individual Educational Paths in the Universities of Russia and Great Britain (Theoretical Aspects)." MGIMO Review of International Relations, no. 1(40) (February 28, 2015): 263–68. http://dx.doi.org/10.24833/2071-8160-2015-1-40-263-268.
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The author highlights the necessity for higher education institutions to form and realize students' individual educational paths in the learning process, which is stated in the Federal Law on Education and FSES HPE of the third generation. The article presents an overview of the different approaches to the definition of the term «individual educational path» (IEP). It also gives a brief overview of the existing terms in the Russian terminological system, which are close in meaning to the term above. The author formulates her own tentative definition of the term «IEP» which is based on the analysis made. The article further addresses the solution to the problem of the individualization of higher education learning process in Great Britain, which is described through the term «Personal Development Planning». The meaning of the term is shown through the set of actions: planning, doing things, recording of the self experience, reviewing and evaluating, using the personal knowledge derived from reflection and self understanding as well as own learning abilities to plan future actions. In conclusion, the meanings of the terms «IEP» and «PDP» are compared. The author emphasires the importance of studying Great Britain's experience - the practice of solving problems connected with the individualization of the university learning process and the possibilities to use it to facilitate the implementation of students' individual educational paths in Russian higher education institutions.
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Dupan, Anna, and Juliana Bikbulatova. "Instruments for the protection of human rights violated during the study of human genome." SHS Web of Conferences 134 (2022): 00019. http://dx.doi.org/10.1051/shsconf/202213400019.
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The paper contains a comparative analysis of legal instruments used in the Russian legislation and in the legislation of other countries (Germany, Great Britain, USA, Japan) to protect (prevent violations, restore) human rights violated during the study of human genome. It was concluded that the existence of a comprehensive system of legal means for the protection and restoration of human rights violated during the study of human genome, is an incentive for the development of genomic research. In this regard, in Russia it is necessary to amend civil acts, Information, Criminal and Administrative Law in order to establish the peculiarities of the compensation for harm to human rights violations when studying human genome, special (different from the general) procedure for obtaining voluntary informed consent for genomic research, as well as special offences and administrative offenses committed during the study of the human genome.
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Kucherenko, Oleksii. "FRANCHISING AGREEMENT UNDER THE LEGISLATION OF FOREIGN COUNTRIES." Scientific Notes Series Law 1, no. 9 (2020): 33–37. http://dx.doi.org/10.36550/2522-9230-2020-1-9-33-37.
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The article is devoted to the topical issue of studying the foreign experience of legal regulation of the franchise agreement. The author emphasizes that there is no comprehensive full-fledged regulation of the franchise agreement either in the national legislation of individual EU member states or at the international level. The article focuses on the franchisor's obligation to enter into an agreement to provide future franchisees with information about doing business under the franchise system, including the basic conditions of the franchise, data on the number of franchisees in the network, its growth, financial performance, etc. The experience of legal regulation of a franchise agreement in such foreign countries as the USA, Great Britain, Italy, Germany, Spain, Estonia, Lithuania, Australia, etc. is considered. The duality of the legal regulation of franchising at the federal and local levels, as well as the prevalence of the most favorable rules for franchisors (USA) is demonstrated. The author focuses on the experience of the institute of self-regulation of franchising and the establishment of appropriate criteria for franchise companies in the absence of government regulation (Britain). The need to adopt a single institutional law in the field of franchising and to enshrine in it all the key terms used in franchising: the actual franchise agreement, know-how, entrance fee, royalties (periodic payments for the use of intellectual property), the franchisor's goods (Italy). It is expedient to establish a provision on mandatory pre-contractual disclosure of information, according to which the counterparty is provided with information on experience, company experience, prospects for the development of the relevant market, duration of the agreement, terms of renewal or termination of contractual relations (France).
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Гречан, Алла, and Артем Коба. "ОСОБЛИВОСТІ ФОРМУВАННЯ МЕХАНІЗМУ ПІДВИЩЕННЯ МОТИВАЦІЇ ОПЛАТИ ПРАЦІ ПРАЦІВНИКІВ ПІДПРИЄМСТВ." Automobile Roads and Road Construction, no. 112 (November 30, 2022): 309–15. http://dx.doi.org/10.33744/0365-8171-2022-112-309-315.
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The article analyzes the peculiarities of remuneration of employed persons in the business sector. Compliance of "pay indicators" with the legislative basis of Ukraine - in particular, the Code of Labor Laws of Ukraine No. 322-08 dated 07.23.1996 (ed. dated 08.19.2022) and the Law of Ukraine "On Remuneration" No. 108/95 was determined - VR from 03/24/1995 (edited from 08/19/2022). The social, humanitarian, political and legal orientations of "labor remuneration" in the domestic doctrine of labor are outlined. The genesis of the right to work in Ukraine is analyzed in accordance with the provisions of Art. 43 of the Basic Law of the Constitution of Ukraine. The philosophical and terminological context of the "employer-employee" relationship is considered. The positive and negative aspects of the payment of an employment contract (TD) and a civil law agreement (CPU) are determined in accordance with the labor legislation of Ukraine and the provisions of the Civil Code of Ukraine No. 435-IV dated 16.01.2003 (edited from 01.08.2022). An analysis of the mechanisms for increasing the wages of workers in the developed countries of the world – the EU, the USA, Great Britain, etc. – was carried out. In particular, the precedents of the formation of "salary policy" by the ETUC (European Trade Union Confederation) among the 27 EU member states, the mechanisms for increasing wages and establishing the minimum (marginal) permissible limits of labor remuneration in accordance with the policy of the US Department of Labor (U.S. Department) are outlined. of Labor), features of the formation of the wage and salary policy of Great Britain, which is directed and coordinated by the National Economic Council (National Economic Council). Features of employee stimulation by increasing wages are described. The phenomenon of "work-life balance" (the balance of work and personal life) and the payment policy of enterprises as the root cause of its generation have been studied. The mechanisms of trade union protection of an employed person against systematic violations of labor legislation are outlined –– in Ukraine, the EU, the USA and Great Britain, respectively. The relationship between remuneration and the level of personal motivation of the employee has been proven. The definition of the "job satisfaction scale" (job satisfaction scale) as a psychological constant characteristic of the research-management doctrine of the USA is singled out.
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Otynshiyeva, Aidana, Akhilbek Baikenzheyev, Joshua Castellino, Dina Baimakhanova, and Alua Ibrayeva. "International and legal aspects of citizenship on the basis of analysis of the legislation in Kazakhstan and Great Britain." International Journal of Public Law and Policy 6, no. 2 (2018): 1. http://dx.doi.org/10.1504/ijplap.2018.10016276.
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Otynshiyeva, Aidana A., Alua S. Ibrayeva, Joshua Castellino, Dina M. Baimakhanova, and Akhilbek S. Baikenzheyev. "International and legal aspects of citizenship on the basis of analysis of the legislation in Kazakhstan and Great Britain." International Journal of Public Law and Policy 6, no. 2 (2019): 138. http://dx.doi.org/10.1504/ijplap.2019.097539.
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Niyazov, Макsud. "THE EXPERIENCE OF FOREIGN COUNTRIES IN THE IMPLEMENTATION OF THE REQUIREMENTS FOR THE ADMISSIBILITY OF EVIDENCE IN CRIMINAL PROCEEDINGS." Jurisprudence 1, no. 4 (December 14, 2021): 92–101. http://dx.doi.org/10.51788/tsul.jurisprudence.1.4./bmoi1389.
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This article provides general features of the legislation of common law countries (Great Britain and the United States) as well as civil law countries, in regulating the issue of admissibility of evidence, specifies the definition of admissibility of evidence, their properties, and also describes in detail the categories of inadmissible evidence with a simultaneous comparison with the requirements of the legislation of the Republic of Uzbekistan. Besides, an analysis of the criteria for the inadmissibility of evidence of these countries was carried out, as well as a comparative analysis of the aspects of the inadmissibility of evidence with the disclosure of values, interpretation of the features of applying in the named government, with a simultaneous comparison of the criteria for the inadmissibility of evidence of national legislation, including those recent innovations established to criminal procedure legislation. Moreover, the article provides the positive and negative aspects in the field of admissibility of evidence of each system of law, legal scholars` points of view regarding this issue. The article substantiates the existence of an objective and logical connection between the establishment of high requirements for the admission of evidence and the achievement of the truth in a criminal case, which is characterized as inversely proportional. In the conclusion of the article, the author’s understanding of the meaning of the admissibility of evidence is formulated, with the formulation of the relationship of the system with the goals of the criminal process and the implementation of the rights of participants.
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Riznyk, V. "POLITICAL ADVERTISING: SOME ISSUES OF LEGAL SUPPORT." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 109 (2019): 22–26. http://dx.doi.org/10.17721/1728-2195/2019/1.109-5.
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The article examines some issues of legal support of political advertising during the process of election, but is not limited to it, as well as how they affect the outcome of elections. In this study comparative, observation, dynamical analogies, analysis methods are used. The author compares the current legislation of Ukraine and the legislation of a number of other European countries and identifies their common and distinctive features. Special attention is given to the political advertising law of Poland, as its closest neighbour. Also, the legislation of France, Germany and Great Britain is examined. The article underlines their main differences. Partial and systematic violations of advertising legislation during the electoral process and during the period between the elections are also identified. The article also shows that the issue in question is not fully studied by legal scientists. The research, in particular, emphasises on the lack of comprehensive definition of political advertising and its legal regulation during the period between the elections. The article draws attention to the incorrectness in law legal regulation of political advertising by the laws regulating commercial advertising. The legal acts, that influence the results of elections are specified, in particular, the author pays attention to the state budget funding for political parties. Reducing Government expenditure can preserve the principle of absolute equality among political actors, so they could participate constructively in the elections. The best thing to do considering the circumstances is to adopt a new law on political advertising or to to amend the existing Act, that regulates advertising in general. As a result, it is proved that political advertising is not limited to the electoral process and must be governed by legislation. The article also states that any law in this area also should comply with international law, especially with acts adopted by the European Union.
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Alisoy, Khalida. "Developing the right to social security: the experience of European countries." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 54–58. http://dx.doi.org/10.36695/2219-5521.2.2020.09.
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Goal: analysis of the development trend of social security law in the practice of developed European countries.Methods of research: analysis and study of domestic legislation on social security.Results: The article analyzes the legislation on social security of a number of economically developed countries of WesternEurope (Germany, France, Great Britain). The main purpose of the analysis is to identify the consistency of the social security legislationof these countries with international law and to identify opportunities to benefit from the positive experience of these countries ingeneral.A high level of social protection is being established in these countries. Nevertheless, the presence of differences in the internalpolitical situation, national traditions, the level of economic development and the social sphere is noted. It is recognized that the leadingstates of Western Europe, despite their natural differences, have common values that unite them. This is due to the fact that these stateshave long recognized that social justice and social equality contribute to economic development. The European social model providesfor joint actions of states and civil society in this area, aimed at meeting the material needs of all citizens, participation in society,strengthening social cohesion.Discussion: take advantage of the experience of developed European countries in the development of social security legislation.
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Zhornokui, Yurii. "Venture fund: do realities of legal precedents in ukraine correspond to global development tendencies." Law and innovations 46, no. 2 (2024): 131–37. http://dx.doi.org/10.37772/2518-1718-2024-2(46)-20.
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Problem setting. The current state of Ukrainian legislation and the insufficiency of scientific analysis at the level of legal doctrine do not create prerequisites for a unified approach in understanding the essence of venture fund’s legal nature. There is still unresolved problem of understanding the essence of such a fund, which involves not only the analysis of legal precedents, legislation and legal doctrine in Ukraine, but also in economically developed countries (for example, Great Britain and the USA). Analysis of recent researches and publications. The regulatory framework that currently ensures the creation and operation of venture funds in Ukraine does not correspond to global tendencies in the development of venture industry. The doctrinal works of domestic and foreign experts, such as H. M. Sitchenko, R. V. Tarnavskyi, D. S. Kleinberger, S. N. Kaplan, B. A. Sensoy and others, testify to a different understanding of the essence of the studied structure in Ukraine and countries where relations of venture investment into innovation activity have received much greater development. Purpose of the research is to clarify the essence of the venture fund according to the legislation and legal doctrine of Ukraine, the USA and Great Britain. Аrticle’s main body. The provisions of the Law of Ukraine “On Collective Investment Institutions” have a positive impact on the sphere of investment activity, since they: 1) regulate a specific area of its activity; 2) establish the legal position of certain institutional investors, asset management companies, the procedure for placing investments and partially, the possibility of establishing certain restrictions by state authorities in this area in order to prevent violations of the rights of some investors and investments’ recipients. However, there is one big disadvantage – the specified Law does not contain provisions regarding: 1) the obligation of venture funds to invest into innovative companies; 2) mandatory terms of the venture investment agreement; 3) characteristics for the recipients of venture investments; 4) a special procedure for the withdrawal from the company by the venture investor. It is currently impossible to use in Ukraine the development of American and British law regarding legal guaranteeing of contractual relations in the form of partnerships, taking into account the current situation of the legislation on collective investment institutions in terms of venture funds activities. However, the existing civil mechanisms have the potential to meet the generally accepted global standards of regulating the relevant field and ensuring a uniform practice of structuring relations between investors and the asset management company of the collective investment institution in the form of a venture fund. Сonclusions and prospects for the development. Venture funds created in Ukraine do not correspond to the understanding of their essence and structure in Great Britain and the USA, and even the nature of corporate venture funds, which is enshrined in domestic legislation on the regulation of joint investment relations. At the same time, Ukrainian regulatory provision for the legal status of venture funds and legal precedents regarding their creation and operation is being built without considering the world traditions and advanced economies, which already have a long history of using such structures. Accordingly, the tendencies and challenges of the world economy are not taken into account that results to the ignorance of economic principles for concluding transactions, which are characteristic for the field of venture investment and innovation activity.
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Chisholm, Michael. "The Cost of Local Government Structural Reorganisation in Great Britain during the 1990s." Environment and Planning C: Government and Policy 20, no. 2 (April 2002): 251–62. http://dx.doi.org/10.1068/c0063.
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When the structure of local government in Great Britain was reorganised during the 1990s, considerable emphasis was placed by the government on the financial savings which would accrue to offset the costs incurred in making the changes. Previous work examined these expectations and found clear evidence that the ex ante estimates of transition costs given to the Westminster parliament were serious underestimates, and that the expected savings had not, at that time, materialised. This work was done at a time when it was known that some of the official data on transition costs would not be complete until after the close of the 2000/01 financial year. The author's primary purpose is to place on record what may be regarded as the final estimates of the transition costs in England, Scotland, and Wales. In addition, comparisons between the ex ante estimates of the costs of structural change and the ex post evidence concerning actual costs are updated. The discrepancy between these is such as to confirm the need for some form of independent scrutiny of new legislation at the time when it is being considered in parliament, to ensure that decisions are taken in the light of realistic assessments of the costs and benefits of proposed enactments.
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Gavrilenko, Vladimir, Natalia Kovaleva, and Anna Medvedeva. "Fire protection legislation of Great Britain on the example of the Law on Fire Prevention in the Metropolis of 1774." Аграрное и земельное право, no. 12 (2021): 102–5. http://dx.doi.org/10.47643/1815-1329_2021_12_102.
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Markova, Elena. "Offences committed using electronic means of payment by the country of the Saxon legal family (in the United Kingdom and the United States of America)." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2020, no. 1 (April 8, 2020): 99–105. http://dx.doi.org/10.35750/2071-8284-2020-1-99-105.
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The article analyses the legal characteristics of the criminal laws of foreign States belonging to the Anglo-Saxon legal family (in the case of Great Britain and the United States of America) with regard to criminal liability for crimes committed by electronic means of payment. The peculiarities of this legal family are noted, which affect the position of the legislator with regard to the regulation of cybercrime, including the legal nature of criminal law; The importance of resolutions of the Royal (Westminster) Courts, the Supreme Court on the constitutionality or unconstitutional nature of ordinary («current») laws (USA), in Canada, Australia and other English-speaking States, in which acts of the highest courts on identical subjects have acquired special importance. Problems affecting criminal legislation have been identified: the de facto absence of systematic rules on the limits of the criminal law; There are contradictions between the written sources of criminal law (in particular with regard to fraud and computer crimes; Recognition of the interpretation of the law by sources of criminal law, etc.). It is noted that there is no Criminal Code in the UK, however, issues of criminal liability for computer crimes are regulated at the level of written law: in the Law on Computer Crimes the adoption of which was facilitated by the judicial precedent of 1988 (R v Gold & Schifreen), in the Law on Fraud of 2006, which classifies the elements of crimes committed in the form of fraudulent fraud. The peculiarities of the criminal law of the United States, which like Great Britain, does not have a codified system of criminal law at the federal level, are noted. An analysis of the two-tier legal system of the United States, the peculiarities of criminal liability for cybercrime in certain states, including FOR theft and fraud by the use of payment cards, has been carried out.
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Barabash, A. S., and A. L. Repetskaya. "Criminal bankruptcy: comparative analysis and problems of legislative regulation in Russian legislation." Siberian Law Herald 2022.2 (2022): 88–97. http://dx.doi.org/10.26516/2071-8136.2022.2.88.
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The article presents a comparative analysis of the regulation of liability for criminal bankruptcy under the laws of the Russian Federation and countries such as the USA, Germany, Spain, France, Great Britain, Australia. At the same time, not only the current criminal legislation regulating liability for committing crimes in the field of bankruptcy was considered, but also other laws that carry out its legal regulation. Since the registration of crimes related to criminal bankruptcy in the Russian Federation is declining, they are poorly disclosed, and law enforcement practice often considers the actions of suspects as normal relations of economic entities regulated by the Federal Law “On Insolvency (Bankruptcy)” and the Civil Code of the Russian Federation, there are significant difficulties in attracting such persons to criminal liability. In this regard, solving similar problems in the legislation of other countries, identifying the most appropriate and effective ways of government response to criminal bankruptcies was the goal of this study. A comparative analysis of foreign and Russian legislation has shown that in other countries, when regulating liability for various types of criminal bankruptcy, other types of liability are more often used. As a result, it was concluded that criminal law does not always play a decisive role in counteracting criminal bankruptcy, which should be taken into account when improving Russian legislation in this area. This means that countering these economic crimes can be no less effective without the use of criminal repression, but at the same time, the level of inevitability of responsibility can be higher due to the use of other types of it.
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Salokhova, Sarvinoz. "PECULIARITIES OF THE LEGAL STATUS OF IMPRISONED MINORS." Tsul legal report 2, no. 1 (July 16, 2021): 143–50. http://dx.doi.org/10.51788/tsul.lr.2.1./nfij6753.
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"The aim of this article is to define a legal status and specific features of minors who executed imprisonment in correctional colonies. The article also describes the ongoing reforms in the Republic of Uzbekistan to expand the rights of prisoners. Furthermore, the norms of the Criminal Executive Code of the Republic of Uzbekistan to ensure the rights of imprisoned minors are analyzed. In this article, the international standards in ensuring the rights and legitimate interests of minors are described, and the legal norms and law enforcement practices of foreign countries such as Italy, Latvia, Great Britain, and Russia are compared. In addition, the author gives suggestions to evolve legislation of the rights and freedoms, particularly, the right to get an education and the rights of convicts to effectively assist in their post-penitentiary adaptation during the release phase of minors who have been sentenced by the legislation of the Republic of Uzbekistan and the Criminal Executive Code."
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Shcherbakova, Nataliia. "Comparative legal analysis of processes of merger and accession of economic organizations in national and foreign legislation (EU, UK, USA)." ScienceRise: Juridical Science, no. 2(24) (June 30, 2023): 55–71. http://dx.doi.org/10.15587/2523-4153.2023.283562.
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Taking into account Provisions of the Association Agreement between Ukraine and the EU in the field of legislation on companies and corporate governance, which leads to the regulation of the activities of corporations, in particular the regulation of the processes of reorganization of economic organizations at the national level to the requirements of international standards and a gradual rapprochement with the rules and recommendations of the EU, a comparative legal research of the process of merger and accession of economic organizations today seems necessary and actual.
It is distinguished, general and distinctive qualifying signs of merger and accession of economic organizations, which will be used to improve the concepts provided to these processes. It is substantiated that mergers and accessions are independent forms of reorganization of economic organizations.
The comparative legal analysis of legislation of Ukraine with the legislation of the EU, the Member States of the EU (Belgium, Germany, France), Great Britain and the USA on the issues of reorganization in the form of merger and accession is provided and the following main conclusions are made:
in the legislation of the EU and in the legislation of the EU Member States there are two ways of merging: (1) “merger by acquisition”/ “merger to an existing company” and (2) “merger by the formation of a new company”/ “merger to a new company”, which in its essence corresponds to such domestic forms of reorganization as “accession” and “merger”, accordingly;
in the legislation of the EU, Great Britain, as well as EU member states, such a category as “accession” is not allocated as an independent legal form of reorganization of the company, but is considered as a kind of “merger” category;
in US Law, merger processes of two or more corporations are indicated by terms such as “merger” and “consolidation”; US Tax Law applies the concept of “corporate reorganization”, which has 7 types of reorganizations (A-G), among which there are one of the types – a type A “statutory merger or consolidation”, which in its essence corresponds to the processes of merger and accession, which is inherent in domestic legislation;
in the legislation of foreign countries, the concepts of “merger”, “consolidation”, “amalgamation”, “acquisition”, “takeover” are similar to each other; in economic essence relate to the forms of business consolidation; act as an instrument to increase the competitiveness of the company; from a legal point of view differ from each other – according to the procedure;
in the legislation and practice of foreign countries, the variety of processes such as “merger”, “consolidation”, “amalgamation”, “acquisition”, “takeover” is covered by a single economic and legal phenomenon, as “Merger and Acquisition” or M&A, which by the legal nature of the concluded agreements is much wider than such domestic forms of reorganization of economic organizations as “merger” and “accession” and is not always accompanied by the implementation of reorganization process
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Bishop, Jonathan. "The art of trolling law enforcement: a review and model for implementing ‘flame trolling' legislation enacted in Great Britain (1981–2012)." International Review of Law, Computers & Technology 27, no. 3 (November 2013): 301–18. http://dx.doi.org/10.1080/13600869.2013.796706.
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Dolgushin, A. "PRINCIPLES OF CLOSED-LOOP ECONOMY IN THE LEGISLATION OF DEVELOPED EUROPEAN COUNTRIES." Actual directions of scientific researches of the XXI century: theory and practice 11, no. 1 (April 8, 2023): 68–90. http://dx.doi.org/10.34220/2308-8877-2023-11-1-68-90.
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The problem of waste management has predetermined the actuality for the countries of the world, including the Russian Federation, to switch from a linear consumption model to a closed-cycle economy model. For the Russian Federation, which plans to develop a federal law on the closed-loop economy in 2024, it is relevant to take into account the experience of developed European countries. The article examines the practices of the transition of developed European countries to a closed-cycle economy, analyzes the legislative consolidation of the principles of a closed-cycle economy. The legislation of the European Union and the national legislation of Sweden, Finland, Germany, Great Britain and France were analyzed. The study revealed that the circular economy has been fixed in waste legislation by separate provisions evolutionarily since the 1970s, while the legislation of the European Union on waste is constantly being improved, adopting the experience of countries such as Sweden, Finland and Germany. The identified basic provisions and principles were translated, compared in semantic and terminological meaning, systematized and grouped into 7 basic principles that can form the basis for the development of the concept of a circular economy or legislative regulation of the closed-cycle economy in the Russian Federation.
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Орлов, Ю. Ю. "Analysis of anti-corruption legislation in the USA and England." Вестник Московской академии Следственного комитета Российской Федерации, no. 2(36) (July 10, 2023): 58–67. http://dx.doi.org/10.54217/2588-0136.2023.36.2.007.
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В статье исследуются эволюционные этапы становления и развития норм антикоррупционного права федерального уровня Соединённых Штатов Америки и Великобритании. При анализе делается акцент на предмете коррупционных преступлений. Рассматривается история развития антикоррупционных норм государств, а также анализируется их действующее законодательство. Уделяется внимание национальным законам, имеющим экстерриториальную практику применения, таким как Foreign Corrupt Practices Act of 1977 и Bribery Act 2010. Исследуются отчётные материалы отдела по борьбе с мошенничеством Министерства юстиции США и судебная практика в части рассматриваемого законодательства. The article examines the evolutionary stages of the formation and development of the norms of anti-corruption law at the federal level of the United States of America, Great Britain. In the analysis, emphasis is placed on the subject of corruption crimes. You are considering the history of the development of anti-corruption norms of states, as well as analyzing their current legislation. Attention is paid to national laws with extraterritorial practice of application, such as the Foreign Corrupt Practices Act of 1977 and the Bribery Act 2010. The report materials of the Anti-Fraud Department of the US Department of Justice and judicial practice in terms of the legislation under consideration are being investigated.
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Mosakova, E. A., and K. Kizilova. "Labor market in the UK in digital era: The gender dimension." RUDN Journal of Sociology 21, no. 3 (September 17, 2021): 512–19. http://dx.doi.org/10.22363/2313-2272-2021-21-3-512-519.
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The article considers gender discrimination in the field of labor relations in the United Kingdom (UK) in the pre-covid period. In the past decades, the Western European countries have made the most significant progress in achieving gender equality in various fields, including labor relations, and became the world leader in this area. However, despite all the efforts of the international community, no country has achieved a full gender equality, and Great Britain is no exception. The authors argue that the British anti-discrimination legislation (before leaving the European Union) was based on international acts and conventions. For a long time, there were acts and laws prohibiting discrimination in the labor market, which seriously hindered the implementation of an effective anti-discrimination policy in the sphere of labor relations. It was not until 2010 that the law on equality was passed to replace all previous laws and regulations and to provide an exhaustive list of criteria for prohibiting discrimination. As a result, Great Britain began to develop a rather strict national anti-discrimination legislation in the field of labor relations. Thus, in the past decades, the UK has been achieving gender equality in the economic sphere at a faster pace than the average European Union country. The study shows a steady decline in the gender wage gap in the UK over the past two decades, which may be considered one of the countrys most significant achievements in fighting gender discrimination in the labor market. However, there is still a number of serious challenges: a relatively low female labor force participation and employment rate, a gender wage gap and income gap, horizontal and vertical segregation, a gender gap in postgraduate education, and a significant gender gap in time spent on family responsibilities. Age discrimination presents a special problem in the sphere of labor relations in Great Britain. In the European Union, the first laws prohibiting age discrimination were adopted only in the 2000s, and in the UK - in 2006. This problem still remains extremely acute for the labor market, since age discrimination in the UK ranks third among the most common grounds for discrimination - after gender and disability.
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Ovcharova, Elena, Kirill Tasalov, and Dina Osina. "Tax Compliance in the Russian Federation, the United Kingdom of Great Britain and Northern Ireland, and the United States of America: Forcing and Encouraging Lawful Conduct of Taxpayers." Russian Law Journal 7, no. 1 (March 22, 2019): 4–54. http://dx.doi.org/10.17589/2309-8678-2019-7-1-4-54.
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The article is devoted to the consideration of the system for the tax authorities to assess tax risks and to prevent tax law violations. The work focuses on how the tax authorities affect the conduct of taxpayers through “soft law,” disclose information about their approach towards understanding tax risks and enforce a system of measures to ensure compliance. Tax compliance is analysed in the article as good-faith and lawful conduct of a taxpayer, which is formed under the influence of a system of, at the same time, preventive and incentive measures. This article considers tax compliance issues in Russia, the United Kingdom and the USA, not so much as a consequence of the voluntary actions of the taxpayer, but as a consequence of the conditions that are set for a taxpayer by the administrative action of tax authorities. To do this, the approaches of the tax authorities to defining the criteria for tax risks and the procedure for assessing them are analysed, as is the effect of these approaches on the subsequent implementation of tax control measures, while the system of enforcement measures and incentives for taxpayers to comply with tax legislation are examined. Tax compliance is the most desirable regime for the state, but in the entire history of taxation no jurisdiction has been able to achieve full tax collection solely based on a persuasive method. At the same time, owing to the limited resources of tax administrations, in practice there is no real opportunity to examine absolutely every taxpayer. For specifically this reason, a risk-based approach to carrying out tax control with a reasonable combination of both incentive measures and the enforcement of compliance with tax legislation is becoming increasingly relevant. The authors consider the implementation of a risk-based approach and its effect on tax compliance, on the choice of tax control measures, and on depth and scope in terms thereof, using the example of the experience of Russia, the United Kingdom and the USA. The article also pays special attention to an analysis of incentive measures and the enforcement of tax compliance in these jurisdictions.
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Mrvić-Petrović, Nataša. "Criminal law approach to regulating non-consensual pornographic deepfake." Bezbednost, Beograd 66, no. 2 (2024): 5–23. http://dx.doi.org/10.5937/bezbednost2402005p.
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The paper examines the needs and possibilities of applying the criminal law mechanism to prevent the deepfake pornography (digital pornographic content created by the use of artificial intelligence). The criminological characteristics of the phenomenon are described. The legislation of the United States of America, Great Britain, Switzerland, Russia and China, as well as the regulations of the European Union related to the prevention of gender-based violence and liability for the dissemination of deepfakes, was analyzed. Analysis of the Criminal Code of Republic of Serbia showed that legal reform is required because adequate legal protections cannot be provided to the victims of unauthorized publishing of deepfake pornography. The conclusion is that criminal legal intervention to the non-consensual pornographic deepfakes is necessary, because the creation and distribution of deepfake porn violates personal rights, social morals and public interest. Criminalizing such behavior would be primarily in the interest of protecting the rights of victims, although it is not expected to have a greater practical significance. Prohibition of making and online distribution of sexually explicit deepfake porn must be harmonized with the legal protection of privacy of digital services users and with proactive measures of cyber security.
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Reid, Jean Margo. "LEGAL ACCEPTANCE OF ACCOUNTING PRINCIPLES IN GREAT BRITAIN AND THE UNITED STATES: SOME LESSONS FROM HISTORY." Accounting Historians Journal 15, no. 1 (March 1, 1988): 1–27. http://dx.doi.org/10.2308/0148-4184.15.1.1.
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This paper examines and contrasts nineteenth century case law in Great Britain and the United States in which courts had to decide whether to accept accounting concepts having to do with making provisions for depreciation, amortization and depletion. It should be emphasized that the courts were not arguing about accounting theory, per se; they were deciding particular disputes, which depended on the meaning in each case of pro its. By 1889, when Lee v. Neuchatel Asphalte Company was decided, British courts had rejected accepted fixed asset accounting conventions in determining profits in tax, dividend, and other cases while United States courts accepted these conventions, except in the case of wasting asset companies. This historical contrast is of particular interest because a recent reversal of these countries legal stances has occurred through legislation. In the United States, the Revised Model Business Corporation Act and the legislatures of several states have now rejected accounting concepts of profit as the legal test for dividends and other shareholder distributions. The reasons for this rejection appear to be similar to those used by the British Court of Appeal nearly 100 years ago. In Great Britain, on the other hand, the 1980 Companies Act reverses much of the Lee case and places on accountants new responsibilities for determining whether company distributions to shareholders would violate the capital maintenance provisions of the act.
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Hayes, Bernadette C., and Audrey Vandenheuvel. "Attitudes toward Mandatory Retirement: An International Comparison." International Journal of Aging and Human Development 39, no. 3 (October 1994): 209–31. http://dx.doi.org/10.2190/uel3-p5uu-9kqu-1w96.
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Over recent decades, whether legislation supporting mandatory retirement should exist has been debated frequently. The issue has been exacerbated by the growing number of elderly people within western societies. Using nationally representative data from the United States of America, West Germany, Great Britain, and Australia, this article provides an international comparison of individual's attitudes toward mandatory retirement. These attitudes are found to differ sharply according to country, with the Americans most strongly opposed and the Britons most accepting. Multiple regression techniques are used to address the relative importance of socio-demographic and political ideological factors in predicting attitudes toward compulsory retirement. The strongest socio-demographic predictor is education. Measures of political ideology are also significant predictors; that is, acceptance of government intervention in various areas of the labor market is positively related to the acceptance of government regulation of retirement age.
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Yaroshenko, Oleg M., Mykola I. Inshyn, Natalya M. Vapnyarchuk, Oleksandr A. Yakovlyev, and Olena H. Sereda. "Non-compete agreement in Ukraine." Informatologia 55, no. 1-2 (2022): 1–13. http://dx.doi.org/10.32914/i.55.1-2.1.
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A non-competition agreement is a very common way to protect an employer's interests. In many countries there is such a legal instrument as a non-competition clause. On the other hand, the non-competition agreement is a new and unusual phenomenon for Ukraine, so there is a need to study its legal regulation with the experience of foreign countries. The aim of the article is to study the legal regulation of the nature of the non-competition agreement with the experience of different countries in this matter and the feasibility of applying this experience in Ukraine. The study was conducted using such special legal scientific methods, as historical and legal, comparative legal and formal. The article presents the comparative-legal analysis of the practice of conclusion of non-competition agreements in such countries as France, Germany, Italy, China, Great Britain, the USA and Ukraine. On the basis of this analysis, proposals for Ukraine are made. In particular, the article considers the problems of including non-competition provisions in civil legislation. Also analyzed is the judicial practice of violations of the terms of contracts containing non-competition provisions.
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Naturkach, R. P. "The purpose and instruments of the monetary policy of the central banks of the EU member states and Great Britain, their legal basis." Uzhhorod National University Herald. Series: Law 1, no. 82 (May 16, 2024): 230–34. http://dx.doi.org/10.24144/2307-3322.2024.82.1.34.
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The scientific article is devoted to the study of the purpose of the monetary policy of the central banks of the EU member states and Great Britain, its instruments and legal acts, in which they are fixed. The legislation of the member countries of the European Union (Germany, France, Spain, Poland, the Czech Republic, Hungary) and Great Britain, modern approaches in the science of constitutional and administrative law regarding the definition of the goal of the monetary policy of the central banks of the member countries of the EU, and the range of its instruments are analyzed. Emphasis is placed on the fact that the purpose and functions of national banks are interrelated, but not identical. The concept of the goal of the monetary policy of the Central Banks of the EU member states, the activities and instruments of the monetary policy, the functions of the central bank of the EU member states are delineated. It is argued that reducing the purpose of the activities of the central banks of EU member states and Great Britain exclusively to the implementation of legal regulation of currency circulation in the state and that the main purpose of the central banks of such EU member states as the Czech Republic, Poland, and Hungary is purely to ensure the stability of the currency - is not justified. It is argued that the main joint functions of the central banks of Germany, France, Spain, Poland, the Czech Republic, Hungary and Great Britain are to ensure the stability of the monetary unit, to promote the maintenance of sustainable rates of economic growth, to achieve and maintain price stability in the state, and to support economic policy. It is established that the goal of the monetary policy of the central banks of the EU member states is to ensure price stability, and it is additionally substantiated that the inflationary inclination of the financial policy is the most effective. It was established that the accounting policy, the interest rate policy, and the regulation of mandatory reserve norms, the volume of the money supply, operations on the open market and operations with credit resources, the amount of interest rates, interest rates of the mandatory reserve of banks are not the purpose of monetary and credit policies, instruments of monetary policy of the central banks of EU member states and Great Britain.
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Abaikyzy, Moldir, Lazzat K. Yerkinbayeva, Kulyash N. Aidarkhanova, Gulnar T. Aigarinova, and Nurzhan S. Baimbetov. "The Formation of Land Conservation Principles as the Framework for the Implementation of the Concept of Sustainable Development of Society." International Journal of Sustainable Development and Planning 15, no. 8 (December 22, 2020): 1231–40. http://dx.doi.org/10.18280/ijsdp.150809.
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The development of land legislation in the context of globalisation, the desire of countries to more widely implement global and European standards of environmental policies, as well as the interest in the experience of legislative solutions to problems connected with the design and development of legal institutions in environmental protection in foreign countries, determine the relevance of this study. The purpose of the paper is to identify the main problems of land protection legislation and form on their basis the effective system of environmental regulation, combining administrative and legislative instruments with economic, regulatory and market mechanisms. Analysis of international legal acts is used as the leading research method. Considered the positive experience of legal regulation of the land issue of such democratic states as the USA, Great Britain, and Germany and other developed countries. The authors propose to introduce the Concept for the Protection of Lands from Pollution by Hazardous Substances, as well as the development and adoption of regional and national programs in which a separate section should address issues of land protection from pollution by hazardous substances. The practical significance of the study is determined by the need to integrate the land legislation industry into national environmental legislation.
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Шерстобоев, Олег, and Oleg Sherstoboev. "The Doctrine of Proper Judicial Protection in Administrative Law (on the Example of Expulsion of Foreign Nationals)." Journal of Russian Law 2, no. 2 (January 20, 2014): 68–79. http://dx.doi.org/10.12737/2241.
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Proper judicial protection is an aggregate of legal norms, principles, doctrines that allow maximum guarantee for fair treatment of an administrative dispute, in particular, relating to expulsion of foreign nationals. Among basic means that guarantee a proper settlement of a dispute, one can name the right to appeal the act of public administration, the right to independence of a body, considering the case, the right to qualified legal assistance, competition, completeness of supervision. The author of the article reviews standings of the European Court of Human Rights, as well as the legislation and practice of the USA, Great Britain, Germany and Russia on the issue of judicial protection of foreign nationals, deported from their territory. As a result of the analysis, the author outlines three models of the provided judicial protection: limited, selective and complete. Each model has its pluses and minuses, but from a theoretical point of view the best variant is a complete model of judicial protection.
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Babakulov, Zafar. "Scientific and practical analysis of requirements of persons interested parties in the relation to trademarks." Jurisprudence 1, no. 2 (December 10, 2021): 42–55. http://dx.doi.org/10.51788/tsul.jurisprudence.1.2./lkqg6945.
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"By virtue of Article 1104 of the Civil Code of the Republic of Uzbekistan, the practice of early termination of the trademark agreement in the Republic of Uzbekistan is exercised by the courts of national and foreign countries, as a consequence of non-use of a trademark. The analysis of experience of foreign countries and the judicial practice reveal that the practice of early termination of trademark agreements at the request of an interested person on the basis of national legislation is not in compliance with modern framework of international legal regulations. In particular, in the legislation of Uzbekistan, there are no certain norms governing the early termination of the use of trademarks. For example, the national law does not establish a mechanism for early termination of the use of a trademark on the basis of the claims of an interested party. The article analyzes the provisions on early termination of the use of a trademark in the legislation and judicial practice of the Russian Federation, Germany, Great Britain and the United States. In connection with the non-use of a certificate for a trademark, proposals and recommendations are developed to improve the consideration of disputes concerning the early termination of trademark agreement by courts. "
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Abzalova, Khurshida Mirziyatovna. "Criminal Law Protection of Human Life and Prevention of Murder in Uzbekistan (On the Example of Women)." Psychology and Education Journal 58, no. 1 (January 29, 2021): 1085–93. http://dx.doi.org/10.17762/pae.v58i1.858.
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In the world, protection of the rights and interests of the individual is one of the priority areas for improving legislation. In this process, a special role is played by criminal legislation, which is designed to ensure the protection of human life as the most valuable object of criminal law protection. The fight against crimes against life, in particular murder, is the highest priority for judicial and law enforcement agencies. In this regard, the adoption of effective measures to counter deliberate killings, the study of the causes and conditions that contribute to their Commission, as well as the identity of the killer are of great scientific and practical importance. According to statistics provided in the UN Global Study on Homicide report for 2019, the number of murders per 100,000 people in El Salvador is 61.8, in Brazil-30.5, in Russia-10.82, in Switzerland-5.35, in Uzbekistan-3, Finland-1.42, in the UK-1.2[1]. All this indicates the need to pay special attention to effective criminal law protection of human life.
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Imanbaiev, S. M., and A. H. Romanova. "COMPARATIVE LEGAL ANALYSIS OF THE MEDIATION INSTITUTE UNDER THE CRIMINAL PROCEDUR LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN, THE USA AND GREAT BRITAIN." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2021, no. 2 (December 15, 2021): 35–48. http://dx.doi.org/10.32755/sjcriminal.2021.02.035.
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This article focuses on a comparative legal analysis of one of the alternative dispute resolution methods – mediation – in the criminal procedure legislation of the Republic of Kazakhstan, the USA and Great Britain, considering various programs and projects on mediation used in the USA and Great Britain, in order to apply the experience of the above mentioned countries to improve the mediation institution and reduce the level of recidivism in the Republic of Kazakhstan. The authors made the conclusion that the proper use of mediation in the criminal procedure contributes to a more active involvement of victims in the process of restoring their rights and freedoms, which were violated by the offenders. An increasing number of crime victims prefer to meet face to face with their offenders in order to inform how the crime has affected their lives, get answers to many unresolved questions and take a direct part in bringing offenders to justice for the harm caused. A victim and offender mediation is a viable alternative to traditional punitive measures to meet the victims` needs. The main advantage of mediation in criminal proceedings for the victim is that he or she can ask the offender all the questions that could not have been answered during the trial. In addition, participation in mediation between the victim and the offender can help humanize the latter and prevent future offenses. In addition, the authors conclude that it is necessary to amend the Law of the Republic of Kazakhstan “On Mediation” regarding compensated damage to the victim by a person who has committed a criminal offense, and also propose to amend this Law regarding the mechanism for implementing the mediation institution, establishing a state body to control the activities of mediators, and specifying accreditation and disciplinary responsibility of mediators. Key words: mediation, restorative justice, criminal offense, victim, criminal, punishment, recidivism, conciliation procedures, mediator, compensation for damage, court of biys.
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Danel, Łukasz. "Prawno-konstytucyjne implikacje wystąpienia Wielkiej Brytanii z Unii Europejskiej – perspektywa brytyjska." Politeja 15, no. 54 (February 10, 2019): 163–73. http://dx.doi.org/10.12797/politeja.15.2018.54.11.
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Legal and Constitutional Implications of the United Kigdom’s Withdrawal From the European Union – the British PerspectiveThe article is dedicated to the issue of legal and constitutional implications of Brexit seen from the perspective of United Kingdom of Great Britain and Northern Ireland. The author advances a thesis that the withdrawal from the European Union will be the most complicated legal operation in the history of the British state as for more than 40 years United Kingdom has been a part of European Communities (today’s European Union) which affected greatly the British legal system. In order to prove the thesis the author analyses the political and legal discussion around the European Union (Withdrawal) Bill 2017‑2019 that is supposed to repeal the European Communities Act 1972 and transpose the existing EU Law into UK law. The bill is controversial – especially the provisions known as Henry VIII clauses that create special powers for the government to make secondary legislation.
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Smirnov, Leonid. "International experience in the prevention of recidivism by law enforcement agencies." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2023, no. 1 (March 30, 2023): 144–52. http://dx.doi.org/10.35750/2071-8284-2023-1-144-152.
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Recidivism is a criminal pathology in any country. Its increased public danger consists in formation of professional crime - vanguard of criminality. Within recidivism crime maintains and spreads criminal traditions, develops and reproduces criminal subculture. The impact of criminal recidivism is devastating for vulnerable segments of the population. As a result of its negative impact, criminality is rejuvenated and feminized. The relevance of the presented work lies in the analysis of positive experience of the international community in fighting criminal recidivism. Russian law enforcement and legislation are in dire need of effective anti-recidivism practices. The relevant law enforcement experience in the USA and Israel, as well as European (Azerbaijan, Belarus, Great Britain, Poland) and Asian (China, South Korea, Japan) countries is considered. National mechanisms of resocialization of ex-prisoners, features of probation activities and specifics of post-penitentiary care in foreign countries are described. The forms of international cooperation on counter-recidivism between Russia and foreign countries are reflected. Particular attention is paid to conventional and institutional legal forms.
Legislative and law enforcement measures are proposed to introduce foreign experience in the field of anti-recidivism prevention into law enforcement activities in Russia.
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Kobylnik, Dmytro, and Anton Burchak. "Cryptocurrency as an object of tax law: practice of political application and legal regulation." Law and innovations, no. 2 (30) (June 2, 2020): 24–30. http://dx.doi.org/10.37772/2518-1718-2020-2(30)-3.
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Problem setting. The work is devoted to the study of the legal status of cryptocurrency as an object of taxation. The legal status of cryptocurrency in legal relations between tax authorities and individuals or legal entities is an urgent problem, since there is only a small number of works on this issue. Of particular note is the study of international experience in taxation of cryptocurrency transactions, as well as an analysis of the most relevant proposals for amending national legislation in order to establish the legal status of cryptocurrency and transactions related to cryptocurrency as an object of tax legal relations. Analysis of recent researches and publications. Despite the great relevance of this topic, in the modern science of tax law there are no fundamental scientific works and studies on the problems of taxation of cryptocurrency and cryptocurrency transactions. Target of research. The purpose of the scientific article is to conduct research on the legal nature of cryptocurrency, as well as the disclosure of theoretical, practical problems and features of legal regulation of cryptocurrency and operations related to the use of cryptocurrency in modern tax law. Article’s main body. The article deals with the legal nature of transactions connected with the use of the cryptocurrency as an object of tax relations. The issues of the possibility of attributing income, as well as profits from cryptocurrency transactions to the objects of taxation of personal income tax, profit tax, and value-added tax, are disclosed in accordance with the current tax legislation. The following conclusions have been drawn: it is impossible to impose the relevant taxes on income and profits from transactions with the cryptocurrency; there is a conflict in the current legislation, according to which the proceeds from transactions with cryptocurrency may be subject to the Law ‘On Prevention and Counteraction to Legalization (Laundering) of the Proceeds from Crime or Terrorism Financing, as Well as Financing Proliferation of Weapons of Mass Destruction’ In addition, foreign experience of legal regulation of transactions with cryptocurrency in tax legislation in such economically developed countries as the USA, Great Britain, Canada, Germany, Switzerland, etc. has been analyzed. It has been established that nowadays, in world practice, there is no unambiguous approach to the tax regulation and taxation of cryptocurrency transactions. So, in some countries, the income from operations with cryptocurrency is taxable, while in others cryptocurrency transactions do not belong to objects of taxation. Conclusions and prospects for the development. As a result, the author presents her own proposals on amending the tax legislation aimed at determining the legal status of cryptocurrency transactions in tax law. The article is devoted to the legal nature of transactions related to the use of cryptocurrency as an object of tax relations. Foreign experience of taxation of operations with the cryptocurrency is analyzed. The author considers current proposals for amending the tax legislation of Ukraine, who’s the purpose of which is to determine the legal status and control measures for compliance with tax legislation in the implementation of cryptocurrency transactions in tax law.
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Tetiana, Tomniuk. "UKRAINE'S FOREIGN TRADE RELATIONS WITH THE EU AND BRITAIN: PECULIARITIES OF IMPLEMENTATION UNDER MARTIAL LAW." BULLETIN OF CHERNIVTSI INSTITUTE OF TRADE AND ECONOMICS III, no. 87 (September 30, 2022): 27–40. http://dx.doi.org/10.34025/2310-8185-2022-3.87.02.
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The article examines current trends in foreign trade relations between Ukraine, the European Union and Great Britain in the context of the implementation of the Deep and Comprehensive Free Trade Agreement. The publication examines specific features of the Agreement, providing trade facilitation by improving the efficiency of customs procedures and gradual approximation of Ukrainian legislation, rules and procedures (including standards) to EU law, the abolition of most customs tariffs. However, the study found that after the entry into force of the Free Trade Agreement in 2016, trade relations between Ukraine and Europe have not become equal. Analysis of the EU and Ukraine’s foreign trade turnover indicates a constant disproportion between the volume of exports and imports in favor of the EU. This is due to the continued application of both tariff and non-tariff restrictions on Ukrainian goods. Changes in the foreign trade policy between the countries caused by the Russian war in Ukraine have been identified. On the one hand, Ukraine needs support in the fight against the aggressor (including economic), and on the other hand, it showed limited opportunities for food exports from Ukraine due to port blockade and disruption of logistics, and Ukraine's significance as a partner in food security both for Europe and the world. This was an accelerating factor in the abolition of customs and tariff restrictions by European countries. Factors that may limit Ukraine’s export opportunities (continued use of non-tariff barriers by Europe, logistics problems) are identified, and opportunities to minimize their negative impact are identified.