To see the other types of publications on this topic, follow the link: Legal concept of association.
Journal articles on the topic 'Legal concept of association'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Legal concept of association.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Dekhanov, S. A. "Freedom of association (associations) as the dominant organizational and legal forms of legal entities." Courier of Kutafin Moscow State Law University (MSAL)), no. 11 (January 14, 2021): 54–61. http://dx.doi.org/10.17803/2311-5998.2020.75.11.054-061.
Full textAbstract:
The article is devoted to the study of freedom of Association as a variety of political freedoms and the infl uence of the constitutional and legal method of securing freedom of Association (associations) on the organizational and legal forms of legal entities. The author consistently analyzes the French, German and British models of freedom of Association and gives examples of the infl uence of these models on other countries. Freedom of Association has a constitutional and legal form of consolidation in the Russian Federation, which receives the necessary specifi cation in civil legislation by constructing such organizational and legal forms as Association and Union. The author comes to the conclusion that in Russian law, an Association is a constitutional legal institution, while an Association and a Union are civil law institutions. In accordance with paragraph 18 of article 22 of the Federal law “on advocacy in the Russian Federation” and article 23 of the law on relations arising in connection with the establishment, operation and liquidation of the bar Association and law offi ces. The article focuses on the essence of a legal entity and a Corporation. The author believes that the legal structure (concept) of the Corporation originates from the activities of legists and canonists. The corporatist concept of legists covered any legal entities that did not coincide with a natural (natural) person. According to the author, the real turning point in the study of the nature of a legal entity occurred in connection with the activities of F. Savigny and his followers: B. Windscheid and G. Pukhta. The legal entity was also studied by R. Iering, I. Blunchli, O. Gierke and outstanding Russian scientists G. F. Shershenevich, N. M. Korkunov and others. Freedom of Association (associations), French, German, British model of freedom of Association (associations), Constitution, Corporation, ideal goal, business companies, non-profit partnership, bar Association, law office.
2
Stratiuk, O. M. "Theoretical And Legal Approaches To The Concept Of «Corporation» In Legal Families." Actual problems of improving of current legislation of Ukraine, no. 51 (August 6, 2019): 65–76. http://dx.doi.org/10.15330/apiclu.51.65-76.
Full textAbstract:
The article analyzes the scientific views on the concepts of «legal entity» and «corporation» formed in different legal systems, indicating either the identity of these concepts, or their heterogeneity by deducing a number of common and distinct features. Determined that in the Anglo-American legal system, the corporation is seen as a collective term, which should be understood by business associations and nonbusiness capital entities created to meet social objectives. It is proved that in EU law the concept of «corporation» is not identical with that of a legal entity, although a considerable number of types of legal entities are proposed to be included in the list of legal entities.
In the countries of the continental legal system (France, Germany, Switzerland, Russia, Ukraine, etc.) the term «corporation» is rarely used in the law. This concept is used mainly in literary sources. Corporations include: various types of companies (full and limited partnerships, joint stock companies and other companies, members of which are limited liability for the obligations of the company), business associations (groups, trade unions, holdings, etc.), cooperatives, leases and state-owned enterprises, as well as various non-economic unions and associations.
The main difference between the range of legal entities in the Anglo-American and Continental legal families is that in the first case, the terms «legal entity» and «corporation» are correlated as interchangeable concepts, and in the other case, the possibility of correlation between the concepts of «legal entity» and «corporation» depends on the approach of the legislation of the country to the definition of their organizational and legal forms and the formation in the scientific circles of the criteria for their separation or integration into one or another concept, or the introduction of this concept into the existing legislation of the EU country with a clear list of organizational and legal forms. Therefore, every legal family has their own approaches to the concept of «corporation».
3
Chrissanthis, Christos. "Legal aspects of trademarks protection before civil courts." Medjunarodni problemi 56, no. 4 (2004): 370–96. http://dx.doi.org/10.2298/medjp0404370c.
Full textAbstract:
The evolution of trademark law, from the time of the earliest trademark laws till today, is characterized by a continuous effort by courts and legal literature to extend the civil protection provided to trademarks. These efforts resulted in supplementing the legal concept of ?likelihood of confusion? with the concepts of ?likelihood of association?, ?unfair resemblance? and ?dilution?. This conceptual expansion is readily explained by the increasing significance of the advertising and informational functions of the trademark which is evident in contemporary economy; it is also explained by the inadequacy of the concept of "likelihood of confusion" and the "indication of origin" function to provide sufficient legal protection to trademarks.
4
Magomedova, O. S. "Concept of International Legal Policy in Foreign Comparative Legal Studies." Moscow Journal of International Law, no. 3 (December 26, 2020): 27–43. http://dx.doi.org/10.24833/0869-0049-2020-3-27-43.
Full textAbstract:
INTRODUCTION. International legal policy is a new object in international legal studies, although this phenomenon exists as long as the external relations of States. International legal policy is a rare case of research subject, which remains unexplored. International legal policy as a Concept of State's policy towards legal aspects of international relations was formed in the 80-s of last century. Earlier the questions and their particular aspects now embraced by international legal policy were divided between international lawyers and international relations researchers. However international legal policy is an integral system of State's approaches to international legal matters, therefore its punctual research is relevant only from comparative point of view. It would be interesting to compare States' positions on concrete issues or States' tactics at different stages of realization of international legal norms. This article concerns the question whether comparative studies of international legal policy can be integrated into existing fields of comparative foreign relations law or of comparative research of international law.MATERIALS AND METHODS. The article surveys theoretic questions primarily on the base of doctrinal sources. The retrospective analysis of the comparative method in international law is based on works published by Russian and foreign experts during the XX century. Particular attention is drawn upon works of founders of comparative research in international legal studies. The concept of foreign relations law in the scholarship and practice of the U.S. is researched on the base of national case law, which formulated the principle of executive exceptionalism in State foreign policy. Research work is realized with the use of analysis, synthesis, systematisation, as well as methods of historical and comparative method.RESEARCH RESULTS. The Article consistently reveals meaning and the content of international legal policy as one of the authors of the concept, French lawyer and diplomat G. de Lacharriere, presented it. The Article examines the history of foreign relations law in the U.S. and presents its doctrinal estimations from viewpoint of American constitutional law. The research work specifies different points of view on content of foreign relations law and approaches to its justification. Indeed international legal policy and foreign relations law can be compared as two types of State’s approach to its legal position on the international scene. There are six parameters for comparison: sources, functions, subjects of both concepts, questions on allocation of foreign powers in the State, on relationship between international and national law, on the role of national courts in interpretation and application of international norms. In consideration of “national interest” concept the attribution of international legal policy to international organisations or supranational association is judged as incorrect. The article examines the question of applicability of comparative method in the international law within the discourse among scholars on how differently modern States evaluate international legal norms. Analysis of the tendency to contrasting States’ approaches to the international law encompasses its development from notions “international law of transitional period”, “international legal systems”, to notions “national approach”, “legal style”, “legal culture”. Brief survey of comparative international law gives perspective on diversity of approaches to comparable aspects of the international law. Comparative studies of international legal policy could get consolidated among them.DISCUSSION AND CONCLUSIONS. At first sight the comparative method is hardly applicable to the international law. However the universality of the international law doesn’t exclude variety of approaches to it. The research into international legal policy determined by national interests of every State allows to systemize positions of a State into a single strategy. At the same time comparative method doesn’t only provide classical comparison of States’ positions by issues, but also offers to compare inner-workings of the international legal policy and shaping factors. Nowadays in the context of trends on diversification of international relations (fragmentation, regionalisation), growing popularity of the comparative method translated into comparative foreign relations law and comparative international law. However international legal policy doesn’t correspond with categorial apparatus of comparative foreign relations law. International legal policy is nor able to apply methodological tenets of comparative international law due to its multivalued content. Most likely comparative studies of international legal policy can become a new approach within comparative international law, which should be based on the principles of concreteness and consistency.
5
Campbell, Kirsten. "The city of law." International Journal of Law in Context 9, no. 2 (June 2013): 192–212. http://dx.doi.org/10.1017/s1744552313000086.
Full textAbstract:
AbstractThere is now a well-established ‘spatial turn in law’. However, it remains oriented towards notions of space rather than law. How, then, to capture both the spatiality of law and the legality of space? This article draws on Bruno Latour's concept of the legal construction of the ‘social’ to explore the assemblage of the city of law. It shows how law functions as a particular form of association in urban life by tracing two key forms of urban legal association in London, the city of law. The first form is ‘legal ordering’. This seeks to order urban life through domination, and includes citadel law, police law and laws of exception. The second is ‘legal consociations’, which build new forms of urban life, such as urban rights, the rights of the city and the right to the city. Finally, the article explores the creation of a spatial justice that can build more just legal associations.
6
Jakovljevic, Branislava, and Dimitrije Segedi. "The concept and importance of medical law." Medical review 59, no. 3-4 (2006): 135–37. http://dx.doi.org/10.2298/mpns0604135j.
Full textAbstract:
Introduction. Medical law is a scientific discipline which has not been affirmed in our country, but at law schools in many developed countries it has gained the status of a separate scientific discipline and today it is studied with multidisciplinary cooperation of Schools of Medicine, Schools of Dentistry and Schools of Pharmacy. Generally speaking, medical law concerns the rights and duties of the medical profession. Ethics and legal questions of medical law. The progress of scientific research and of new technology used in diagnostics and treatment, opens new fields in terms of responsibility. Most European countries have legal institutions in the field of health care. These include laws and legal acts, as well as codification of professional norms. Law concerning physicians. Apart from the national law, there is also an international law concerning physisians. The World Health Organization and the World Association of Medical Doctors brought the following declarations: Declaration on Promotion of Patients' Rights, the Revised Lisbon Declaration on Patients' Rights, the Revised Helsinki Declaration on Biomedical Research Involving Human Subjects and the Council of Europe's Convention on Human Rights and Biomedicine. Conclusion. There is no national order of physicians in Serbia and Montenegro, because chambers of physisians with legal authority and mandatory membership have not been formed. The foundation of Chambers of Physicians of Vojvodina and Montenegro is the first step to goal achieving. .
7
Шахова, Елена, and Elena Shakhova. "Homeowners Association: Is There a Need to Increase the Effectiveness as a Method of Apartment House Managing?" Journal of Russian Law 4, no. 5 (May 4, 2016): 0. http://dx.doi.org/10.12737/19091.
Full textAbstract:
The article analyzes the effectiveness of a homeowners association activity as a form of managing residential apartment buildings, explores the concept of a “management company”, “homeowners association”, the differences between these legal entities, develops proposals on increasing the effectiveness of the housing management system based on the principles of consolidation of efforts and resources of the state and public through the introduction of new management models, with the active participation of civil society institutions, proposals for licensing of homeowner associations, as well as the possibility of getting a qualification certificate for the Chairman of the Board of the homeowners association, attaching to the Chairman of the Board the status of the sole governing body not only in civil, but also in housing legislation. The author investigates innovations in housing and civil laws, submits proposals on improvement of legal institutions, improvement of legal engineering, analyzes the institute for state control over the homeowners association’s financial and economic activities.
8
Khurmatullina, Alsu Machmutovna, and Aleksandr Fedorovich Malyi. "On the Essence of Authorities Provided by Russian Federation to Interstate Association." Journal of Politics and Law 12, no. 5 (August 31, 2019): 30. http://dx.doi.org/10.5539/jpl.v12n5p30.
Full textAbstract:
The trend of interstate association development, which is actively spreading in the modern world, entails many questions that require explanation at the theoretical level. Increasingly, the issue of the state right constitutionality to participate in such associations began to be raised with the transfer of part of its authority to the associations. With the implementation of this right, the problem of preserving the sovereignty of the union state appears. These issues are considered in the article on the example of participation of the Russian Federation in the Eurasian Economic Union. In this regard, the article describes the conditions under which it is possible to transfer some part of state powers to the supranational level. Various doctrinal approaches to the study of the concept of “authority”, “the authority of the Russian Federation” are also given.
The use of such research methods as comparative legal, system-structural, formal-legal allowed the author to conclude that the transfer of part of the powers of the Russian Federation to the EAEU is constitutional and the legal nature of the interstate association itself.
9
Kokhan, N. V. "Content Of The Concept Of Enforcement." Actual problems of improving of current legislation of Ukraine, no. 50 (June 11, 2019): 145–58. http://dx.doi.org/10.15330/apiclu.50.145-158.
Full textAbstract:
That is, we can say that the implementation of legal norms is the embodiment of legal norms in the actual activity of enterprises, institutions, organizations, public authorities, officials and citizens.
Classifying the concept of «implementation of the rules of law» by the method of implementation of legal orders, distinguish such forms of their implementation as the use, implementation, observance of direct (ordinary, ordinary) forms of law, ie, those that, first, pass any the process of implementation of the rules of law, and, secondly, that do not require outside intervention, is carried out solely through the own behavior of persons to whom the relevant legal prescriptions are addressed.
The application of law has social and legal functions. Social, economic, political, socio-cultural, cultural and educational functions should be attributed to social functions. Legal and regulatory functions should be attributed to legal. Yes, the legal functions of the application of law take a specific form and are law securing or perform the function of individual legal regulation because they stem from the very nature of the application of law.
Enforcement as a special form of management consists of a set of legal requirements, permits, enforcement acts that are aimed at exercising management through individual decisions, registration of decisions and the organization of implementation of relevant decisions. Thus, the regularization of legal relations is achieved not only through the automatic effect of legal rules, but also through the adoption of acts of enforcement.
Summarizing all of the above, it should be noted that enforcement activities can take place both at the public-governmental level and at the private-legal level. That is, the subjects of the state-level government are: competent state bodies, their officials, as well as authorized by law local self-government bodies, public associations and their officials. The activities of such entities are aimed at establishing mechanisms, rights of guarantees and obligations by which citizens can exercise their rights provided by the Constitution of Ukraine.
In terms of the private-law level of enforcement, it is derived from the previous one. The subject of this level is the employer or its authorized body or person empowered to issue ordinance, local level and employee.
10
Miyarov, Aibek Ibaratovich. "LEGAL ASPECT OF STATE RELATIONS AND RELIGIOUS ASSOCIATION IN THE SOCIAL CONCEPT OF RELIGIOUS ORGANIZATION." Theoretical & Applied Science 70, no. 02 (February 28, 2019): 340–43. http://dx.doi.org/10.15863/tas.2019.02.70.31.
Full text
11
Trivun, Veljko. "Groups of Companies and Liability within the Group." Journal of Forensic Accounting Profession 1, no. 1 (June 1, 2021): 61–81. http://dx.doi.org/10.2478/jfap-2021-0005.
Full textAbstract:
Abstract Groups of companies have existed ever since the early 20th century in the legal and economic terms. Over time, their concept was complemented, both in legislation and in the corporate practice. The issue of establishing and managing groups of companies is regulated by the corporate legislation. It particularly regulates the concept of the controlling and subsidiary company, company with mutual shares, holding, concern, association of companies and other forms of company associations. In terms of the legal definition, these are associated companies composed of two or more companies that are affiliated to each other as follows: by share in equity or membership interests (equity-related companies), by contract (contract-related companies); by equity and contract (mixed-related companies). These associated companies include a parent company and one or more subsidiary companies, which may be related by equity, contract or both. Besides the general concept of the associated companies, the author aims to point to the liability in a common activity as a group of companies. A particular attention is drawn to the legal treatment and obligations resulting from the International Accounting Standards and binding financial statements related to them.
12
Khrystov, Oleksandr. "Problems of defining the concept of "public" in present jurisprudence." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 2, no. 2 (June 3, 2020): 294–304. http://dx.doi.org/10.31733/2078-3566-2020-2-294-304.
Full textAbstract:
The article deals with problems of defining the concept of "public" in present jurisprudence. The the article’s objective was to clarify the problems of defining the concept of "public" in present jurisprudence and to provide an understanding of this term. The author notes that today there is inconsistency of legal regulation, as well as arbitrariness, ine-quality and substitution of concepts in the application of this term both in different and within one branch of jurisprudence. The preparation of most legal acts on the participation of "public" in legal relations takes place without proper legal understanding of this term, the concept of which is not defined at all in the current national legislation. The conceptual and categorical apparatus of legal sciences due to the lack of definition of "public" in the legislation is based on arbitrary representation and does not reflect the unity of the aggregate features of this category. Its understanding by scholars through the prism of related (generic) legal concepts do not give an accurate meaningful reflection. Selective, and sometimes chaotic and unsystematic reference of legal scholars to philosophical, sociological, political, psychological and other sources of scientific knowledge about the essential characteristics of "public" in research on its place and role in legal relations indicate the lack of established conceptual approaches in today’s jurisprudence. Scientific inferences of legal scholars about this social institution are often reduced to the definition of the concept by identifying selective characteristics (features) without a comprehensive understanding of this phenomenon. The author has concluded that the “public” in jurisprudence should be understood as both individual citizens and their associations, which have a high level of legal consciousness and legal culture, as well as the basis of beliefs and ideology which are the building of the legal state and civil society. The author suggests to abandon in the theory of operational-search activities from the use of the concept of "public" as a category of operational-search activities forces, because: first, "public" is an abstract concept in contrast to other categories of operational-search activities forces, including law enforcement agencies operational units, secret full-time and part-time agents who have legal status; secondly, the public takes part in various branches of society, which are not characterized by the focus on assisting operational units in combating crime.
13
Parkhomenko, D. A. "Committing a Crime for the First Time: Validity of the Introduction of the Criminal Law and the Significance of other Circumstances." Lex Russica 73, no. 6 (June 26, 2020): 160–69. http://dx.doi.org/10.17803/1729-5920.2020.163.6.160-169.
Full textAbstract:
In Russian criminal lawthe fact of committing a crime for the first time determines the operation of the fundamental institutions: responsibility and punishment. The identification of the person having committed a crime for the first time is an extremely important task not only for the further proper focus for law enforcement officials on the individualization of punishment and criminal responsibility, but in general, for a more clear perception of the enforcement of the criminal legal relations caused by the criminal act. Despite the importance of this concept, if attention is given thereto in theoretical research, it is mainly from the point of view of clarifying the legal content. The questions of expediency of introducing the concept of a person who has committed a crime for the first time into the text of the criminal law, the criminal legal significance of this circumstance among others affecting the adoption of a criminal legal decision remain little explored to date. Any concept that is applied in practice and has real significance for the qualification of crimes, determining the grounds and limits of criminal liability, as well as for the imposition of punishment, undoubtedly requires criminal law consolidation. The absence of any concept of such significance in the law means that there is a gap in criminal law. Meanwhile, the concept of a person who has committed a crime is complicated by the fact that in real law enforcement it is filled with specific legal content, different from the everyday understanding of this phenomenon. This causes problems such as the association of such persons with "legally non-indictable persons". Full identification of these concepts does not allow the legislator to provide a sufficiently selective, individualized and adequate approach to different categories of such persons. In addition, questions are raised about the differentiation of responsibility of a person who committed a first-time careless crime with a person guilty of committing an intentional criminal act. The paper attempts to answer these questions by the example of specific criminal legal norms, taking into account the experience of their enforcement.
14
SPIELMAN, BETHANY. "Organizational Ethics Programs and the Law." Cambridge Quarterly of Healthcare Ethics 9, no. 2 (April 2000): 218–29. http://dx.doi.org/10.1017/s0963180100902081.
Full textAbstract:
Max Weber, the grandfather of organizational theory, recognized the close association between health care organizations and law. When he introduced the concept of a legal–rational bureaucracy, he used hospitals and clinics to illustrate it. Today, there is little doubt that healthcare organizations are “law-saturated,” if not always fully compliant with the law. Like Weber's legal–rational bureaucracies, healthcare organizations have highly formalized rules and procedures. They pay a great deal of attention to legal criteria in decisionmaking, and some have entire departments devoted to legal risk management.
15
Kholilah, Iis. "HERMENEUTICS OF NATIONALITY FIQH: STUDY OF BAHTSUL MASAIL OF LIRBOYO ALUMNI ASSOCIATION." Khazanah: Jurnal Studi Islam dan Humaniora 17, no. 1 (July 29, 2019): 83. http://dx.doi.org/10.18592/khazanah.v17i1.2884.
Full textAbstract:
This article analyses the text of bahtsul masail from the alumni of Lirboyo Islamic traditional boarding school focusing on the motive behind its publication, the basic concept of nationalism proposed by the text, the dominance of legal reasoning used in the text and its potential toward the readers. By employing critical hermeneutic approach, there were three stages of analysis, i.e. socio-historical analysis, text analysis and interpretation of the text. According to the analysis this research concludes that the recent phenomenon of the rising of anti-nationalism Islamic movement led by Hizbut-Tahrir and certain radical hard-line organization since 2000s has been the main motive of the publication of the text. This text also proposes the meaning of nationalism as the intention to love the nation and country and its consequences as a Moslem in Indonesian context. Moreover Qauliyah has had been used as the main legal reasoning to formulate certain concepts and this text might be less compatible for the prospective readers outside the Santri’s community. Because many arguments from Arabic resources scattered throughout the text in which still need depth explanation for the beginners.
16
Il’ichev, D. A., M. S. Karmanovskiy, and E. V. Kos’yanenko. "Criminal Association (Criminal Organization): Theory and Practice of Application." Sociology and Law, no. 2 (July 18, 2020): 69–77. http://dx.doi.org/10.35854/2219-6242-2020-2-69-77.
Full textAbstract:
The article is devoted to the analysis of the concept of criminal association (criminal organization) set out in part 4 article 35 of the Criminal Code, as well as the practice of applying article 210 of the Criminal Code. Adverse trends in the pattern of criminal prosecution for the organization of a criminal association and participation in it at all stages (from the registration of a crime to the imposition of a penalty) are due to shortcomings in the legal technique when the legislator designs this form of complicity. Under criminal law, a criminal association may be in the form of a structured organized group. Meanwhile, the etymology of the concepts of organized group and structured organized group attests to their identity. Contradictions in the formulation of the purpose of a criminal association cause reasonable criticism of theorists and significantly narrow the types of criminal activities permitted by law.
17
Soloviov, Borys. "The concept and legal nature of corporate relations: the position of doctrine and judicial practice." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 290–95. http://dx.doi.org/10.36695/2219-5521.2.2020.55.
Full textAbstract:
Nowadays the processes of democratization, liberalization, integration of Ukraine into European and world space take place. Theundisputed significance for these processes is the signing of the Association Agreement between Ukraine and the European Union.Thus, the rapprochement of Ukraine with the European community, which has taken place in recent years, affects the sphere of privatelaw relations, which make up the subject matter of civil law. Taking all mentioned above into account corporate relations and its nationalregulation is critical issue for analysis.The provisions of national legislation regarding the definition of corporate rights and respective legal relations are analyzed. Specialattention is paid to the position of the civil law doctrine representatives in terms of legal nature and features of corporate legal relations.Analysis of current doctrine gives ground to state that corporate relations are considered to be a special type of civil legal relationsthat make up the subject of civil law. At the same time recognition of corporate relations as a type of civil ones makes it possible to useall the civil law tools and mechanism of legal protection and enforcement for corporate relations regulation.The relevant practice of the highest judicial bodies of Ukraine is analyzed. The analysis of the legislation and judicial practicehas given an opportunity to stress some problems that need to be eliminated. To our mind, one of the main problems is “fragmentation”of the legislator’s attention to the definition of corporate legal relations, which creates the ground for numerous discussions. At the sametime there are critical problems in judicial practice. For instance, we cannot agree with the Supreme Court’s attempts to find corporatelegal relations in those types of legal entities in which such legal relations do not take place at all.It is crucial to stress that recodification of civil legislation in Ukraine has its direct impact on private legal relations system andits mechanism of legal regulations.
18
MacSween, H. Miller. "Canadian Association of Gastroenterology Practice Guideline for Informed Consent – Gastrointestinal Endoscopy." Canadian Journal of Gastroenterology 11, no. 6 (1997): 533–34. http://dx.doi.org/10.1155/1997/976472.
Full textAbstract:
Informed consent has undergone a transformation from an ethical concept to a legal doctrine. It is based on the ethical principles of self-determination and autonomy. Over the past several years, courts have established physician liability based on the failure to obtain adequate informed consent. It is the duty of all gastrointestinal endoscopists to obtain legally adequate informed consent before performing any endoscopic procedure.
19
Harbo, Tor-Inge. "The European Economic Area Agreement: A Case of Legal Pluralism." Nordic Journal of International Law 78, no. 2 (2009): 201–23. http://dx.doi.org/10.1163/157181009x431758.
Full textAbstract:
AbstractIn the article the author discusses the European Economic Area (EEA) Agreement in light of theories of constitutional and legal pluralism. The author begins with a presentation of the EEA Agreement and compares it with the European Union (EU) legal order. It is pointed out that one of the differences between the two legal regimes is the fact that the EU law principle of direct effect is not applicable in EEA law. Since there is no provision in the EEA Agreement which hinders the establishment of direct effect in EEA law, the author seeks to find the deeper explanation for the rejection of the principle. This leads into an elaboration of the pragmatic concept of law. An important feature of this concept of law is the dominant role of the will of the legislator. This constitutional set-up is also reflected in the concept of sovereignty, which is one leading rational of the EEA Agreement. Being in the squeeze between the two rationalities of the EEA Agreement: sovereignty and homogeneity, the European Free Trade Association (EFTA) Court has been willing to take into consideration contextual particularities. This contextual or legal pluralistic approach is a result of an implicit and explicit judicial dialogue, which secures the legitimacy of the EFTA Court and the EEA Agreement.
20
Ulyashina, Lyudmila. "Legal concept of rights and freedoms: universal significance and national implementation." Religious Freedom, no. 17-18 (December 24, 2013): 48–54. http://dx.doi.org/10.32420/rs.2013.17-18.983.
Full textAbstract:
I see my task in providing a small overview of the concept of human rights and to show some trends in the implementation of the legal concept of rights and freedoms, primarily using the example of regulating freedom of conscience and religion.• The first part will discuss some key points in the formation of the legal concept and basic classifications of universal rights and freedoms, the place of freedom of conscience and religion in this system and trends in the development of legal protection of human rights at the present stage.• In the second part, find out what is the role of the state, national institutions for the protection of human rights, as well as individuals and associations in the process of implementing international standards.
21
Yazici, Hakkı. "Examination of perceptions of 6th grade students regarding the concepts of law and justice." African Educational Research Journal 9, no. 3 (July 14, 2021): 665–78. http://dx.doi.org/10.30918/aerj.93.21.100.
Full textAbstract:
Within the scope of the Law and Justice course curriculum, it is aimed to provide students with knowledge and skills such as the development of law and justice awareness, and the development of legal literacy. This study aims to reveal students' perceptions about the concepts of law and justice in the Law and Justice course curriculum, which is taught in the 6th grade of secondary school. Phenomenology, one of the qualitative research methods, was used as a method in the study. The working group of the research consists of 150 students studying in the 6th grade at Atatürk Secondary School and Gazi Mustafa Kemal Secondary school located in the center of Çay district, Afyonkarahisar in the 2019-2020 academic year. The "Law and Justice Word Association Test" prepared by the researcher was used as the data collection tool. Descriptive analysis, one of the qualitative data analysis methods, was used in the analysis of the data, and frequency tables were created to determine students' perceptions about each concept and to reveal the relationships between concepts. Concept networks have been prepared using frequency tables. The data were analyzed and interpreted according to the relationships that emerged in the concept networks. Within the framework of the results obtained from the research, the perceptions of the students towards the concepts of law and justice are close to each other. It has been revealed that the students have enough conceptual knowledge to raise awareness about the concepts of law and justice. With the help of word association tests, it is seen that students can have an idea about their concept perception.
22
Rosenbaum, Stephen. "Clinique ToGo: Changing Legal Practice in One African Nation in Six Days." International Journal of Clinical Legal Education 17 (July 8, 2014): 59. http://dx.doi.org/10.19164/ijcle.v17i0.46.
Full textAbstract:
<p>With honour and humility I accepted an invitation from the U.S. State Department to participate as a technical advisor in a weeklong rule of law2 seminar in Togo, with attorneys, judges, law professors and students. My mission was to explain various models for delivery of free legal services and assist in developing proposals for establishing a bar association pro bono3 programme in conjunction with the nation’s principal law school.</p><p>When the State Department first invited me to participate in its speaker specialist programme, I admit that for me it was all about having a glimpse of an otherwise inaccessible part of the world and the attendant cultural, professional and intellectual exchange. Only after my initial programme visit did I become familiar with the concept of “rule of law” (l’état de droit), as well as the related concepts of access to justice and the law and development movement. This was to be the focus of my journey to Togo.</p>
23
Vasilevich, G. A. "Concept and types of regulatory legal acts of executive authorities." Proceedings of the National Academy of Sciences of Belarus, Humanitarian Series 64, no. 2 (May 18, 2019): 209–19. http://dx.doi.org/10.29235/2524-2369-2019-64-2-209-219.
Full textAbstract:
The article is devoted to the analysis of the concept and types of normative legal acts of the executive authorities of the Republic of Belarus. These bodies differ in the rule-making activity. Executive authorities through the publication of normative acts within their competence form the national legal system, have an impact on the legal order playing an active role in the implementation of legislative acts of a higher legal level and carrying out its own normative activities. Normative environment depends on their well-timed adoption, this is especially important in a period of intense competition between States. In this regard, the need for deep improvement of the law-making by the Republican Executive authorities is increasing. The law “On normative legal acts” defines the ratio of the legal force of normative legal acts. Unfortunately, there is no mention of the place and role of special acts. They should have a greater legal force than other acts, including, in case of a special law, and in relation to other legislative acts, excluding program legislative acts (program laws and directives). Other proposals are also being made. So, it is specified that acts (joint acts) which are accepted in the form of agreements between executive authorities and trade-union bodies, associations of businessmen should have a special legal force. The task of ensuring the package principle of preparation of normative legal acts has been set out long ago. In this regard, when developing a draft law or other legislative act, defining their concept, the relevant working group should include representatives of the relevant department (usually this is the case). Simultaneously with the process of preparation of the draft legislative act, it is advisable to develop a draft of departmental act. This work could be particularly intensive after the approval of the draft law in the first reading in the house of representatives of the National Assembly. It would be useful to discuss the main provisions of the future departmental act within the framework of the Commission responsible for drafting the draft law, if the need for its adoption arises from the draft law (the same should be done if the government act is to be adopted). The exchange of information between these bodies (Parliament, Government, ministry) can also be organized during the development of a set of acts, using information technology. We believe that the implementation of the idea expressed in the literature on the need to adopt the Administrational (Administrative) code of the Republic of Belarus is overdue.
24
Yefimov, A. V. "The Legal Status of Consumers in Conditions of Differentiation of Legal Regulation of Public Relations." Actual Problems of Russian Law 16, no. 5 (June 9, 2021): 70–83. http://dx.doi.org/10.17803/1994-1471.2021.126.5.070-083.
Full textAbstract:
Currently, the legal regulation of public relations varies significantly depending on their participants. In particular, legal regulation is influenced by the consumer. However, there is no unambiguous definition of the concept of a “consumer” in legal acts, which gives rise to theoretical discussions and problems in enforcement. The purpose of the paper is to draw theoretical conclusions concerning the impact of a differentiated approach to legal regulation of the content of the legal status of consumers. Objectives of the study include: determination of validity of differentiating legal regulation of public relations, including legally binding relations; development of an approach to the identification of the general legal concept of the consumer; formation of a uniform model of the consumer’s legal status. In writing the paper, the author applied general scientific methods (system and functional methods, a group of logical methods such as deduction, induction, analysis, synthesis) and special legal methods (the formal legal method, the legal modeling method). The study concludes that the legal status of persons may vary according to such criteria as professionalism, association with business activity, connection with consumption. These criteria form a three-dimensional system, within which the legal status of a particular person is determined. In this sense, the qualification of a person as a consumer is possible due to the differentiation of legal regulation of relations according to one of the criteria (connection with consumption). It is substantiated that consumers are not only individuals who do not carry out business activities, but also individual entrepreneurs, legal entities, public legal entities, regardless of their professionalism and connection with business activities. The article proposes an approach according to which the process of consumption should equally influence the legal status of consuming persons due to a single criterion of differentiation with the preservation of the possibility of further differentiation by other criteria of legal significance. On the basis of the selection of the consumption criterion, the paper proposes a uniform model of the legal status of the consumer.
25
Bukēviča, Diāna. "Problematic of Defining the Concept of the Beneficial Owner in Capital Companies, Associations and Foundations." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 2, no. 20 (2021): 136–48. http://dx.doi.org/10.25143/socr.20.2021.2.136-148.
Full textAbstract:
This study is focused on the problematic of defining beneficial owners in three types of legal persons: capital companies, associations and foundations. In this regard, the issue of determining beneficial owners of foreign merchants through their branches and representative offices is also examined. The aim of this study is to provide well-reasoned arguments for necessitating a more solid elaboration of legal framework on the beneficial owners in Latvia. In order to achieve this aim, doctrinal methodology is applied by analysing legal norms on the definitions of beneficial owners of different legal subjects. Furthermore, the case study method is used to examine the state practice on registering beneficial owners. Additionally, analytical method and case-law method are also used to support the arguments. The findings of this study demonstrate that public register frequently contains information on beneficial owners which is not entirely accurate and the inconsistent interpretation of the rules on defining the concept of the beneficial owner is due to their incompleteness and rather general nature.
26
Kovalev, Andrei Andreevich. "The idea of commonality and Western philosophical-legal concepts: history and modernity." Социодинамика, no. 6 (June 2021): 14–30. http://dx.doi.org/10.25136/2409-7144.2021.6.33244.
Full textAbstract:
This article discusses the idea of commonality within the system of philosophical-legal concepts through the prism of history and modernity. This problem is important for understanding the systemic nature of philosophical-legal concepts, considering that the philosophy of law throughout its conceptualization was often either replaced by the philosophy of politics or social philosophy, or veered off, virtually losing commonality with the “unified philosophy”. The research employs the components of comparative law, socio-philosophical, historical-logical, and political science analysis. The works of the foreign authors of the XIX – XX centuries served as the foundation for this research. The scientific novelty lies in the following: 1) the author establishes that the legal concept of commonality offers a means of reconsideration of the attitude of law towards the diversity of social groups and associations that characterize modern life; 2) an important trend is determined in studying the legal concept of commonality, developed for indicating the need for normative reflection of social relations based on trust; it recognizes the diversity of such relations and forms of their expression. This selected topic is relevant in modern world, as well as socio-humanistic knowledge, thus the author's approach allowed achieving the novelty of the formulated conclusions.
27
Czechowski, Paweł. "Kształtowanie się pojęcia mienia komunalnego samorządu terytorialnego stopnia podstawowego." Studia Iuridica, no. 85 (March 15, 2021): 26–39. http://dx.doi.org/10.31338/2544-3135.si.2020-85.2.
Full textAbstract:
The article presents the genesis and evolution of shaping the institution of municipal property of local government. The shaping of the legal institution of municipal property was presented against the background of the systemic change as a result of the changes and reforms initiated as a result of the 1989 ‘round table’, which also defined the principles of building a new local government system based on the legal and systemic model of European local self-government (municipal ) and its guiding principles. As a result of the introduced statutory regulations, in 1990, the first degree of local self-government was introduced, equipping communes (cities) and their associations as well as established legal entities with communal property. It should be mentioned that the acquisition of communal property, apart from the civil legal nature, also had a significant systemic significance guaranteeing the local government political, political and economic independence. The work presents the legal status of communal property, the procedure for its acquisition and the procedure of enfranchisement of communal entities under the first degree of local authority.
28
Gramatskiy, Ernest. "European integration processes аnd private international law: certain aspects." Law Review of Kyiv University of Law, no. 3 (November 10, 2020): 357–61. http://dx.doi.org/10.36695/2219-5521.3.2020.65.
Full textAbstract:
Certain aspects, the meaning and relationship between adaptation of the private legislation of Ukraine to the requirements of theEuropean Community and private international law are analyzed in the article. The above mentioned phenomena are explored in thelight of the active integration of Ukraine into European and world space, which at the same time explains the stage of fundamentalchanges in the national system of private law.Special attention is paid to the provisions of the Association Agreement between Ukraine and the European Union dated June 27,2014, which became the basis for deepening the processes of democratization and liberalization in all spheres of life, including thesphere of regulation of private law relations complicated by a foreign element – the legal relations that make up the subject matter ofinternational private law.The concept, features and legal aim of adaptation in law in the context of European integration changes were the subject todetailed analysis. Various approaches of scientists in terms of characterization of this concept are analyzed. It is indicated that the adaptationof the national legislation of Ukraine to the legislation of the European Union is a long and multi-stage process, the plan of whichis enshrined at the level of international treaties, including the Association Agreement between Ukraine and the European Union of June27, 2014. Particular attention is paid to the analysis of the provisions of the Association Agreement, which are directly devoted to internationalprivate law and legal relations which make up its subject matter.Special attention is paid to the issue of intellectual property law and its regulation under current legislation of Ukraine and AssociationAgreement between Ukraine and the European Union. Certain aspects referring trademark regulation are analyzed. Judicial practiceof the national court of Ukraine has been taken into account as well.It is crucial to stress that European integration processes have their direct impact on private international law system and its me -cha nism of legal regulation.
29
Gramatskiy, Ernest. "European integration processes аnd private international law: certain aspects." Law Review of Kyiv University of Law, no. 3 (November 10, 2020): 357–61. http://dx.doi.org/10.36695/2219-5521.3.2020.18.
Full textAbstract:
Certain aspects, the meaning and relationship between adaptation of the private legislation of Ukraine to the requirements of theEuropean Community and private international law are analyzed in the article. The above mentioned phenomena are explored in thelight of the active integration of Ukraine into European and world space, which at the same time explains the stage of fundamentalchanges in the national system of private law.Special attention is paid to the provisions of the Association Agreement between Ukraine and the European Union dated June 27,2014, which became the basis for deepening the processes of democratization and liberalization in all spheres of life, including thesphere of regulation of private law relations complicated by a foreign element – the legal relations that make up the subject matter ofinternational private law.The concept, features and legal aim of adaptation in law in the context of European integration changes were the subject todetailed analysis. Various approaches of scientists in terms of characterization of this concept are analyzed. It is indicated that the adaptationof the national legislation of Ukraine to the legislation of the European Union is a long and multi-stage process, the plan of whichis enshrined at the level of international treaties, including the Association Agreement between Ukraine and the European Union of June27, 2014. Particular attention is paid to the analysis of the provisions of the Association Agreement, which are directly devoted to internationalprivate law and legal relations which make up its subject matter.Special attention is paid to the issue of intellectual property law and its regulation under current legislation of Ukraine and AssociationAgreement between Ukraine and the European Union. Certain aspects referring trademark regulation are analyzed. Judicial practiceof the national court of Ukraine has been taken into account as well.It is crucial to stress that European integration processes have their direct impact on private international law system and its me -cha nism of legal regulation.
30
Čartolovni, Anto, Minna Stolt, P. Anne Scott, and Riitta Suhonen. "Moral injury in healthcare professionals: A scoping review and discussion." Nursing Ethics 28, no. 5 (January 11, 2021): 590–602. http://dx.doi.org/10.1177/0969733020966776.
Full textAbstract:
Moral injury emerged in the healthcare discussion quite recently because of the difficulties and challenges healthcare workers and healthcare systems face in the context of the COVID-19 pandemic. Moral injury involves a deep emotional wound and is unique to those who bear witness to intense human suffering and cruelty. This article aims to synthesise the very limited evidence from empirical studies on moral injury and to discuss a better understanding of the concept of moral injury, its importance in the healthcare context and its relation to the well-known concept of moral distress. A scoping literature review design was used to support the discussion. Systematic literature searches conducted in April 2020 in two electronic databases, PubMed/Medline and PsychInfo, produced 2044 hits but only a handful of empirical papers, from which seven well-focused articles were identified. The concept of moral injury was considered under other concepts as well such as stress of conscience, regrets for ethical situation, moral distress and ethical suffering, guilt without fault, and existential suffering with inflicting pain. Nurses had witnessed these difficult ethical situations when faced with unnecessary patient suffering and a feeling of not doing enough. Some cases of moral distress may turn into moral residue and end in moral injury with time, and in certain circumstances and contexts. The association between these concepts needs further investigation and confirmation through empirical studies; in particular, where to draw the line as to when moral distress turns into moral injury, leading to severe consequences. Given the very limited research on moral injury, discussion of moral injury in the context of the duty to care, for example, in this pandemic settings and similar situations warrants some consideration.
31
Lorenzmeier, Stefan. "Die Zukunft umfassender und gemischter Abkommen der EU nach dem Singapur-Gutachten." integration 43, no. 4 (2020): 310–24. http://dx.doi.org/10.5771/0720-5120-2020-4-310.
Full textAbstract:
The article explores some legal issues regarding comprehensive trade and mixed agreements of the European Union (EU). The concept of mixed agreements is special to the EU legal order and under strain after the opinion 2/15 of the Court of Justice of the European Union of 16 May 2017, in which the Court defined the exclusive competence of the EU for concluding “EU-only agreements” in the context of the common commercial policy. This led to a split-up of trade agreements of the Union into “EU-only agreements” and mixed agreements on investment issues whereas no change of policy had been established for association agreements to date. Besides creating greater legal certainty, some problems remain regarding the to-be-improved acceptance of EU free trade agreements in the Member States. The analysis focuses on the division of powers between the EU and the Member States and its impact on mixed agreements on a political and legal level. It concludes that “mixity” has not been ended by the jurisprudence of the Court of Justice and can still be seen as a useful tool in the process of negotiating and concluding future comprehensive international trade and association agreements.
32
Voloshyn, Mykola. "STATE-CONFESSIONAL RELATIONS: PROBLEMS OF LEGAL REGULATION AND RESEARCHING SUBSTANTIATION." Sophia. Human and Religious Studies Bulletin 15, no. 1 (2020): 8–11. http://dx.doi.org/10.17721/sophia.2020.15.2.
Full textAbstract:
The article deals with the problems of legal regulation and researching substantiation of state-confessional relations. The author describes the existing doctrinal approaches to the definition of the concept of "state-confessional relations". The author provides his own definition of state-confessional relations as a type of inter-institutional relations, characterized by the presence of a legal and actual connection between religious organizations and the state. It is noted, that the presence of a legislative definition of the right to freedom of worldview and religion allows religious organizations to determine the framework of their activities in accordance with the legal regulations. The opinion is expressed, that in modern soci- ety there is an urgent need for a legislative definition of the legal status of religious organizations as subjects of law. The existence of well- established state-confessional relations contributes to the proper understanding by representatives of state authorities of the peculiarities of the religious worldview of the population of the state, which is an important condition for the adoption of such normative legal acts that would not contradict the religious feelings of believers and would not lead to an unreasonable restriction of their right to freedom of religion. On the other hand, the partnership of religious organizations with the state gives them the opportunity to participate in public discussions of legislative initiatives, providing them with a religious assessment. In the article, the author pays considerable attention to the problems of legislative regulation of the activities of religious organizations. Taking into account the terminological imperfection of the Statute of Ukraine "On freedom of conscience and religious associations" and the absence of a separate enaction with the definition of terms in it, the author provides his own definitions of the concepts "religious organization", "religious association", "religious institution" and "religious community", which may use the legislator when determining the legal status of religious organizations in Ukraine. An opinion is expressed, that the existence of a unified approach to legislative terminology will allow for effective legal regulation of the religious sphere of public life.
33
Norrie, Kenneth McK. "We are Family (Sometimes): Legal Recognition of Same-Sex Relationships after Fitzpatrick." Edinburgh Law Review 4, no. 3 (September 2000): 256–82. http://dx.doi.org/10.3366/elr.2000.4.3.256.
Full textAbstract:
Fitzpatrick v Sterling Housing Association is offundamental importance as thefirst time that the House of Lords has held that a same-sex couple can he a “family” for certain legal purposes. It consigns the concept of a “pretended family relationship” to the dustbin of history and is one of a line of important decisions from supreme courts around the world which, in different ways, are developing the law in the same direction. This article analyses Fitzpatrick and explores how it relates to international developments in discrimination law. It also identifies Scottish statutes which may now be accessible by same-sex couples in this jurisdiction and explores how similar foreign statutes are already accessible by such couples.
34
Warsono, Warsono, and Mashari Mashari. "The Concept of State Responsibility in Fulfilling the Rights of Persons with Disabilities in the Manpower Sector in Indonesia." International Journal of Criminology and Sociology 10 (July 14, 2021): 1163–71. http://dx.doi.org/10.6000/1929-4409.2021.10.135.
Full textAbstract:
This study aims to analyze the implementation of state responsibilities in fulfilling the rights of persons with disabilities in the field of employment in Indonesia and the supporting and inhibiting factors of the state in fulfilling the rights of persons with disabilities in the field of employment. The method used in this research is normative legal research, with legal studies using legal systematics, research that will synchronize regulations, and make comparisons with applicable laws and use legal history. The study results found that the state fulfills the rights of persons with disabilities in the field of employment by providing protection and fulfillment of the rights of persons with disabilities. Supporting factors for social movements in voicing the fulfillment of the rights of persons with disabilities, which are accommodated by the Indonesian Association of Persons with Disabilities, are supporting factors for the fulfillment of facilities for persons with disabilities in public spaces. The inhibiting factor is that the fulfillment of the rights of people with other disabilities is still lacking; it is proven that facilities for people with disabilities often make the facilities that have been built at several points ineffective and ineffective. The concept of state responsibility in fulfilling the rights of persons with disabilities in the field of employment in Indonesia to obtain work and a decent living for humanity is a constitutional right guaranteed in the 1945 Constitution of the Republic of Indonesia.
35
Schädler, Johannes, and Carmen Dorrance. "Barometer of Inclusive Education – Concept, Methodology and Preliminary Results in Selected European Countries." Acta Technologica Dubnicae 2, no. 1 (June 1, 2012): 17–26. http://dx.doi.org/10.1515/atd-2015-0050.
Full textAbstract:
AbstractThis paper presents concept, methodology and preliminary results of a European research project on inclusive education of persons with disabilities. The project pathways to inclusion (p2i) is funded by the EU Commission and coordinated by the European umbrella organization European Association of Service Providers for Persons with Disabilities (EASPD). To get an overview on legal situations, practice and progression related to inclusive education a ‘barometer assessment’ instrument was developed and applied in 10 EU countries. The barometer criteria are deducted from Art. 24 of UN CRPD, the methodology follow the idea of the Open Method of Coordination and is explained as an information based rating. Selected results of the assessment are presented. The barometer instrument has proven as an effective tool for data analysis and assessment.
36
Padmanabhan, Vijay. "The Idea of Effective International Law: Continuing the Discussion." AJIL Unbound 108 (2014): 91–92. http://dx.doi.org/10.1017/s2398772300001938.
Full textAbstract:
The joint 108th American Society of International Law (ASIL) Annual Meeting and 76th International Law Association (ILA) Biennial Conference was organized under the theme “The Effectiveness of International Law.” In conjunction with this theme, the ASIL Legal Theory Interest Group hosted a panel discussion exploring the theoretical dimensions of the concept of “effectiveness” as understood in international law. Panelists discussed three related questions: (1)Is the effectiveness of international law an empirical question measured through evaluating compliance with international legal norms?(2)What conceptions of effectiveness might exist beyond compliance? Could such conceptions be captured in theoretical or moral terms?(3)Why is international law concerned with effectiveness at all?
37
Patel, Bimal N. "The Accountability of International Organisations: A Case Study of the Organisation for the Prohibition of Chemical Weapons." Leiden Journal of International Law 13, no. 3 (September 2000): 571–97. http://dx.doi.org/10.1017/s0922156500000364.
Full textAbstract:
The law of international organisations needs to address comprehensively, the legal question of the accountability of such Organisations. In the contemporary world, whereas states, multinational corporations, and individuals can be held accountable under applicable systems of law, there is no equivalent set of rules that applies to international organisations. The OPCW, a global disarmament Organisation, is a good model of an accountable Organisation. The Chemical Weapons Convention embodies various sets of rules and provisions, which ensure the accountable functioning of the Organisation. This article examines the concept of the accountability of international organisations as envisioned by the International Law Association, and analyses the concept in the context of the OPCW.
38
Bernaziuk, O. O. "THE FOREIGN EXPERIENCE OF IMPROVEMENT OF NATIONAL LEGISLATION IN THE FIELD OF ELECTRONIC REGULATION STATE REGISTERS." Actual problems of native jurisprudence, no. 05 (December 5, 2019): 47–50. http://dx.doi.org/10.15421/391955.
Full textAbstract:
The article is devoted to the study of foreign experience of improving national legislation in the field of regulation of the organization of electronic state registers. The author analyzed scientific conceptual approaches to defining the concept of state registration, on the basis of which a number of characteristic features of state registration were distinguished. Based on the scientific and legal analysis, it is concluded that the objects of state registration may include, in particular: information about natural and legal persons, things (movable and immovable), property and other rights (property rights, leases, easements, etc.), documents (regulations, court decisions, statutes, etc.), legal facts (birth, death, acquisition or loss of citizenship, formation, reorganization, liquidation of a legal entity, public association, commencement or termination of a pre-trial investigation, enforcement On proceedings, etc.). The author analyzes foreign experience of countries such as Georgia, Germany, Sweden in the field of legal relations arising in the sphere of state registration and organization of electronic state registers. Based on the analysis, it is concluded that one of the significant shortcomings of national legislation in the field of legal relations arising in the field of state registration is the lack of a single legislative approach to the formation of the list of information about the object of state registration. In order to improve the legal regulation of state registers, including in the light of foreign experience in this field, the author has developed the following proposals, in particular, to introduce a unified approach to: defining the concept of “state registry” (as an information and telecommunication system), “state registration” (as a type of state activity); the procedure of keeping state registers, if their holder is one body; Introduce the legal principle of determining the amount of information about a state registration object, in particular: extending the information contained in public registers and minimizing information in non-public registers.
39
Dhahbi, Afef, and Ben Abbes. "The effect of governance characteristics on information content of discretionary accruals: A comparative study between France and the USA." Corporate Ownership and Control 8, no. 2-5 (2011): 489–501. http://dx.doi.org/10.22495/cocv8i2c5p1.
Full textAbstract:
The aim of this paper is to examine the relationship between strong governance structure and the information content of discretionary accruals in countries, which present differences in their legal system (USA and France). To approach the concept of corporate governance this recovers several dimensions: the board of directors, its committees, and ownership structure we used the method of Data Envelopment Analysis (DEA). The findings indicate that the association between stock return and discretionary accruals is greater for firms having a good corporate governance structure independently of the context of study. Further, discretionary accruals of firms having good corporate governance have a greater association with future profitability future only for American context.
40
Tarusina, N. N. "Family as a General Legal Structure." Lex Russica, no. 4 (April 14, 2020): 21–33. http://dx.doi.org/10.17803/1729-5920.2020.161.4.021-033.
Full textAbstract:
The paper is devoted to facilitation of essential features of the family, which could be the basis for its legal definition in the Family Code of the Russian Federation as a a general legal type concept. The author has analyzed different civilistic doctrinal approachers to such a possibility (impossibility), highlighted different variations of family unions, demonstrated problematic aspects of their legal existence or pretences for existence on the basis of parenthood when paternity is established in court proceedings, minor parenthood, surrogate motherhood, etc., as well as on the basis of a far from impeccable ground of gender diversity. The author notes the contradictory positions of the Russian law-maker regarding this matter: relying on traditional values, the latter, of course, does not tend to legalize unions between people with unconventional sexual orientation, but in some cases it seems to condone the opposite without establishing the legal effects of the acts and statements. In conclusion, on the basis of the assumptions developed under the family doctrine, the author proposes a composition of essential and legally significant features of the family, which will allow to design its general definition. As an assumption, the author suggests that one can be guided by the following draft definition: the family is an association of citizens who have a legal relationship regulated under family law (on the basis of marriage, parenthood and childhood, kinship, affinity, custody and/or guardianship, foster parenthood, adoption, dependance, etc.), live together and lead common household, have rights and obligations corresponding to thier family status; family membership is retained in case of temporary separation for good reasons.
41
Hjorth, Ronnie. "State Civil Disobedience and international society." Review of International Studies 43, no. 2 (October 21, 2016): 330–44. http://dx.doi.org/10.1017/s0260210516000310.
Full textAbstract:
AbstractThis article examines the concept of State Civil Disobedience (SCD) in the context of international society. It is argued that SCD is problematic for several reasons. First, that SCD is extremely difficult to practice in an association such as international society, relying, as it does, a great deal on the policies and powers of a few dominating actors; second, that the unequal status of states makes SCD mainly an instrument of the strong, hence undermining not only the idea of civil disobedience as the strategy of the weak but also questioning the role of SCD within an international society based on the formal equality of states. It is concluded that the practice of SCD in international society requires an invigoration of international society as a moral association. A more practical alternative, it is argued, is to conceive of a limited concept of SCD confined largely to non-violent means and preferably practiced in order to resist legal anomalies.
42
Ignatyuk, A., and S. Koliosko. "Administrative and legal status of citizens involved in the protection of public order: concept and content." Vestnik of Polotsk State University. Part D. Economic and legal sciences, no. 6 (August 15, 2021): 100–104. http://dx.doi.org/10.52928/2070-1632-2021-57-6-100-104.
Full textAbstract:
Effective solution of the tasks of public order protection is impossible without the participation of citizens. The support of citizens and public associations in the field of prevention and suppression of offenses is important in maintaining law and order in any State. However, this activity has a number of problematic aspects. One of them is the lack of a fixed, clearly formulated administrative and legal status of citizens involved in the protection of public order. The article deals with the concept of the administrative and legal status of citizens involved in the protection of public order. Its main elements are investigated.
43
Guimarães, Rui, Miguel Guimarães, Nuno Sousa, and Maria Amélia Ferreira. "O Segredo do Estudante de Medicina, a Sua Vinculação ao Dever de Sigilo e o Direito em Aceder e Reutilizar Informação de Saúde." Acta Médica Portuguesa 32, no. 1 (February 1, 2019): 11. http://dx.doi.org/10.20344/amp.10958.
Full textAbstract:
The authors address the legal void that exists regarding medical student access to clinical records and health information that local healthcare organizations hold under legal and institutional custody. They develop a legal thesis that configures the creation of medical student professional secrecy and its connection with the duty of confidentiality as assumptions that underlie the medical student’s right to access and reuse health information. Medical students have the legitimacy to access health information and clinical records, as they bear an unequivocal informational, legitimate, constitutionally protected and sufficiently relevant need. They conclude that the legislature must work together with universities and hospital institutions to legally establish the concept of Medical Student Professional Secrecy, its link to the duty of confidentiality and the right of the medical student to access and reuse health information. Furthermore, it must do so in a specific legal act and in the precise terms of the text approved unanimously by the Council of Portuguese Medical Schools, by the National Council of Medical Ethics and Deontology, by the National Council of the Portuguese Medical Association and by its President.
44
Luneva, Elena V. "The Concept and Place of the Law of Rational Use of Natural Resources in the Environmental Law System." Ecological law 6 (December 17, 2020): 35–42. http://dx.doi.org/10.18572/1812-3775-2020-6-35-42.
Full textAbstract:
It was revealed that rational use of natural resources can be considered both as one of the goals and as a principle of natural resource branches of law, and the right of rational use of natural resources — as a system of legal norms within the relevant branches of law, containing such a goal and (or) principle and implementing them. The concept of the law of rational use of natural resources in the objective sense is formulated. The classification of positions on the use of environmental, environmental and natural resource law is carried out, depending on which system of environmental legal norms is a broader or narrower formation, which of them is completely or partially absorbed by the other. The proposed classification allows us to show the influence of such approaches on the hierarchy of associations of environmental and legal norms (different names of the same subdivisions, their unequal composition, structure, etc.). The place of the law of rational use of natural resources in the system of environmental law has been determined. It is a larger legal entity than an institution, but it is not formed into a sub-sector either. The law of rational use of natural resources refers to the constituent norms of environmental law, which are modified and disclosed in legal institutions of both environmental law and individual natural resource branches of law.
45
Yoshizuka, Keith I., and Paul J. Perry. "The Association Between Pharmacologic Drug Intoxication and Forensic-Specific Intent." Journal of Pharmacy Practice 25, no. 1 (February 2012): 50–60. http://dx.doi.org/10.1177/0897190011431147.
Full textAbstract:
Two criminal cases are presented in which the counsel for the defendants requested an expert witness to opine whether their drug-intoxicated clients were capable of forming the specific intent necessary to commit the felonies for which they were charged. Intent from a legal standpoint is often times a poorly understood concept among expert witnesses. The application of a criminal defense of intoxication depends upon the nature of the crime the defendant is accused. The intoxication defense cannot be applied to general intent crimes. In cases where specific intent crimes are charged against the defendant, voluntary intoxication may be used to prove that the defendant could not possess the capacity to formulate the intent as a necessary element of the crime. Voluntary intoxication may be used as a defense in specific intent crimes to negate the critical element of intent required for the prosecution to prove in criminal cases. Without being able to prove intent, the prosecution has not met their burden of proving that every element of the crime has been met, thus resulting in an acquittal.
46
Klissenbauer, Irene. "Equal Liberty – Questioning the Right to Freedom of Religion?" Interdisciplinary Journal for Religion and Transformation in Contemporary Society 7, no. 1 (July 8, 2021): 283–301. http://dx.doi.org/10.30965/23642807-bja10012.
Full textAbstract:
Abstract This paper tackles the question of how to handle the phenomenon of “religion” by widely secularized judicial systems by analyzing the “Equal Liberty”-concept from legal scholars Eisgruber and Sager. While they assume that everything worth protecting is already covered by existing anti-discrimination laws, freedom of expression and association, and judge the right to religious freedom as itself discriminatory, this paper considers how this right can be part of an emancipatory human rights approach, which helps us think beyond an antagonistic relationship between religious freedom and other human rights.
47
Tyushka, Andriy. "Association Through Approximation: Procedural Law and Politics of Legislative and Regulatory Approximation in the EU-Ukraine Association Agreement." Baltic Journal of European Studies 5, no. 1 (February 1, 2015): 56–72. http://dx.doi.org/10.1515/bjes-2015-0005.
Full textAbstract:
AbstractAgainst the context of the evolution of the European Union's association agreements as transformative tools beyond the organizational boundaries, this article seeks to develop an account for understanding legislative and regulatory approximation mechanisms as the essential elements for the exercise of the Union's normative and regulatory impact. It therefore distinguishes between both concepts and provides a legal and political science explorations of what the legislative and regulatory approximations are, and what are their substantial rationale and procedural features in the context of ‘gradualist’ convergence approach enshrined in the EU-Ukraine Association Agreement.
48
Dragićević, Marija. "Employment law protection of crowdworkers: Conceptual issues in the legal definition of crowdworkers." Zbornik radova Pravnog fakulteta Nis 60, no. 90 (2021): 147–64. http://dx.doi.org/10.5937/zrpfn0-32188.
Full textAbstract:
Although the increased performance in digital platform work has been recorded only recently, the numerous problems related to employment law and social welfare protection of crowdworkers are not new. Due to diverse issues in classifying specific individuals as employees, "atypical" workers and crowdworkers have encountered many problems while attempting to obtain employment law and social welfare protection. Despite numerous differences, majority of countries have made employment law protection available to those digital platform workers who meet the requirements of the legal definition of "an employee" (or "a worker", as explicitly designated in specific legislations). In other words, the legal definition of an employee or a dependent contractor provides entrance into the area of employment law protection. However, both national and international legislators have demonstrated a certain degree of inertness in terms of avoiding to adjust the legal concept of "an employee" (or a subordinate, as defined in some legislations) to new social and economic circumstances. Considering the traditional concept of "employee", a crowdworker cannot be designated as a subordinate; consequently, digital platform workers do not fall under the scope of relevant provisions of labor, social care and tax law. On the other hand, when it comes to traditional legal categories, classifying crowdworkers as independent contractors does not diminish their need for adequate protection, primarily in terms of fair financial compensation for work, clearly limited working hours, health care and safety at work, protection in case of illness, injury at work, maternity leave or freedom of association. Therefore, national legislators should revise the justifiability and proportionality of legislation applied to economic cooperation, and consider the specificities of economic cooperation business models and tools that can be used for resolving ample issues in defining employment law protection of crowdworkers and identifying entities that may have the legal status of the employer.
49
Parasiuk, V. M., and M. V. Parasiuk. "LEGAL CONNECTION OF THE ORGANIZATIONAL AND LEGAL FORM OF A LEGAL ENTITY WITH THE PECULIARITIES OF ITS CIVIL LIABILITY." Actual problems of native jurisprudence 1, no. 1 (March 4, 2021): 50–55. http://dx.doi.org/10.15421/392111.
Full textAbstract:
The article analyzes a number of problematic issues related to the mechanism of application of civil liability to legal entities of private law in modern civil law. Particular attention is paid to the emergence and legal regulation of subsidiary liability, the possibility and procedure for filing recourse claims against the person guilty of the offense. The author draws attention to the presence of a number of problems in the practical implementation of the rules on subsidiary civil liability of legal entities and the rules governing the institution of recourse. The opinion is expressed on the expediency of bringing the rules of subsidiary liability of members of a production cooperative with the liability of members of a limited liability company, so it is necessary to agree on the liability of members of a production cooperative of the same type. It is concluded that the enshrinement in the legislation of special rules governing the recourse procedure for the protection of civil rights, would solve the situation. The author points out the important negative consequences of the lack of legislation and doctrine of a clear vision of the legal nature of corporate responsibility, its main features and relationship with other types of civil liability (contractual and tort). A general description of the practical difficulties in applying the rules of subsidiary liability is given. It is stated that the independence of civil liability of business associations is limited by a number of cases when the obligations of the company are also the responsibility of its members (founders). It is argued that in relation to non-profit companies, the legislator consistently adheres to the concept of this type of legal entities, and does not provide for the possibility of acquiring ownership of the company’s property, and therefore there is no corporate liability of non-profit companies and their members.
50
Каширкина, Анна, Anna Kashirkina, Андрей Морозов, and Andrey Morozov. "Formations of Legal Development of Eurasian Integration and their Impact on the Legal System of the Russian Federation." Journal of Russian Law 2, no. 8 (September 22, 2014): 73–83. http://dx.doi.org/10.12737/5279.
Full textAbstract:
The article reveals the scientific approaches to the concept and cycles of Eurasian integration. Identified formations in the development of the Eurasian integration at post-soviet space. The authors use the dialectic, formal logical, comparative legal, historical and other research methods. Analyzes the international legal base of the Customs Union, the Commonwealth of Independent States and other international acts. The conclusions about the possible expansion of the membership of the Eurasian Economic Union. Proves the effectiveness and positive aspects of the transition from the Eurasian Economic Union to Union with broader competence. At the same time problems of a legal nature, which impairs the development of Eurasian integration. The effect of different international acts integration associations in the post-soviet space on the legal system of the Russian Federation. The authors conclusions and proposals on improving the international legal base of the Eurasian Economic Union, as well as recommendations for improvement of the Russian legislation.