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Journal articles on the topic 'Restriction law'
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1
Kosilova, O. "RESTRICTIONS OF THE POLITICAL RIGHTS AND FREEDOMS: REGULATORY GROUNDS, MECHANISM OF IMPLEMENTATION." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 114 (2020): 18–24. http://dx.doi.org/10.17721/1728-2195/2020/3.114-5.
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The article examines the problem of restriction of political rights and freedoms. It is emphasized that the protection against unlawful restrictions on political rights and freedoms is particularly important for the functioning of direct and mediatory democracy. The meaning of the concept of «restriction of rights and freedoms» is analyzed. The article addresses the basic principles which should not be violated when the restriction of rights and freedoms is applied. To achieve this goal, the author analyzes the rules of domestic law, the practice of the Constitutional Court of Ukraine, the rules of international law governing these issues. The author differentiates political rights and freedoms into those that may be restricted in accordance with the provisions of the Basic Law of Ukraine and those that are not subject to any restrictions; features of realization of political rights and freedoms in comparison with other groups of rights, such as social and economic, cultural are defined. Some of the political rights and freedoms that may be restricted are analyzed and ways to restrict them are identified, in particular: the right to join political parties, suffrage, the right to peaceful assembly, rallies, marches and demonstrations, the right to equal access to public service, freedom words, thoughts, views and beliefs. It is noted that from the standpoint of the ECHR it is important to check whether the possibility of restricting the exercise of the right was provided by law; whether the purpose of such a restriction is legitimate; whether such a restriction is necessary in a democratic society. The legitimate grounds for restricting human rights enshrined in the Constitution of Ukraine have been identified: public health; social necessity; rights, freedoms and dignity of citizens; public order; economic well-being; national security; territorial integrity; morality of the population. It is emphasized that in accordance with the practice of the Constitutional Court of Ukraine, the restriction of the content and scope of rights and freedoms should be considered as a restriction. It is important that all restrictions were established exclusively by the constitution; were not arbitrary and unjust; the law restricting human rights must be of a general nature; restrictions must be proportionate and justified; they must optimally achieve a legitimate goal with minimal interference in the exercise of rights or freedoms, not to violate the essential content of the relevant right. It is determined that special qualification requirements for holding public positions, as well as participation in the electoral process (implementation of active and passive suffrage) cannot be considered restrictions. It is emphasized that the state, represented by its organs, should refrain from unjustified interference with political rights (for example, from discriminatory restrictions on the suspension of political rights of prisoners, violation of electoral secrecy of the ballot); take measures against possible violations of political rights by third parties (individuals, companies, etc.). It is concluded that restrictions on the exercise of political rights of individuals can be introduced either in favor of guaranteeing the rights of other individuals, or in favor of ensuring the functioning of the state. The legitimate exercise of political rights can be restricted only if the general conditions for interfering with fundamental human rights are met.
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Podmarеv, Alexander A. "Proportionality as a constitutional principle of limiting human and civil rights and freedoms in the Russian Federation." Izvestiya of Saratov University. New Series. Series Economics. Management. Law 21, no. 1 (February 24, 2021): 83–91. http://dx.doi.org/10.18500/1994-2540-2021-21-1-83-91.
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Introduction. The 1993 Constitution of the Russian Federation allows for the possibility of restricting rights and freedoms of individuals and establishes imperative conditions (principles) for the introduction and operation of these restrictions. One of these constitutional principles is the principle of proportionality: the rights and freedoms of a person and a citizen can be limited only to the extent necessary to achieve the goals specified in part 3 of Article 55. Theoretical analysis. The principle of proportionality of restrictions to certain goals is currently declared by the constitutions of many states, and is also part of the international legal criteria for restrictions on human rights. Some conceptual issues of the content of the constitutional principle of proportionality are resolved by the Constitutional Court of Russia. In its most general form, the principle of proportionality means that: the measures (means) used to restrict rights and freedoms must be conditioned by constitutional goals; restrictive measures (means) should not be greater than necessary; restrictive measures (means) should not lead to disproportionate, excessive restrictions. Empirical analysis. The analysis of the decisions of the Constitutional Court of Russia shows that in each specific case, the Court determines the necessary measure to restrict a particular right (freedom), comparing, weighing the constitutionally recognized values (on the one hand, the rights of a certain person, on the other, the rights of other persons, the interests of the state, public interests), as well as assessing the adequacy of the legal means used to achieve any constitutionally established goal (s) of restriction. The conclusions reached by the Court regarding the proportionality or disproportion (excess) of the restriction of this or that right are binding not only for the legislator, but also in some cases for the law enforcement officer. Results. It is concluded that the implementation of the constitutional principle of proportionality of restrictions in lawmaking and law enforcement means that when establishing and applying restrictions on rights and freedoms to achieve a certain constitutional goal (goals), exclusively necessary measures (means) must be provided and used in this situation. The principle of proportionality of restrictions is one of the criteria for assessing the constitutionality of the restriction of any right or freedom, as well as one of the guarantees against arbitrary (unreasonable, excessive, unconstitutional) restrictions, since it presupposes the existence of certain boundaries (limits, frameworks, conditions) of lawmaking and law enforcement.
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Ramazanova, E. T., and H. A. Hasanov. "CONSTITUTIONAL RESTRICTION OF HUMAN RIGHTS AND FREEDOMS." Law Нerald of Dagestan State Universit 34, no. 2 (2020): 66–69. http://dx.doi.org/10.21779/2224-0241-2020-34-2-66-69.
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The article deals with the constitutional concept of "restriction of human and civil rights and freedoms". The main idea in it is that restrictions on human and civil rights and freedoms should be established in accordance with the provisions of the Constitution of the Russian Federation, international standards, and the principles of justice, equality, and proportionality. In addition, an attempt is made to distinguish between the concepts of "restriction of rights" and "diminution of rights", and the purpose of restricting human and civil rights and freedoms, enshrined in the Constitution of the Russian Federation, is examined. Restrictions on rights and freedoms are considered in terms of General and special legal regimes – States of emergency and martial law. Taking into account the specifics of the region, appropriate attention is paid to the restriction of rights and freedoms under the counterterrorism operation regime. The entire research is based on the analysis of Russian legislation, international legal documents and their practical application.
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Belyaeva, Galina S., Boris V. Makogon, Sergej N. Bezugly, Marina L. Prokhorova, and Dariusz Szpoper. "Basic Ideas of State Power Limitation in Political and Legal Doctrine." Journal of Politics and Law 10, no. 4 (August 30, 2017): 197. http://dx.doi.org/10.5539/jpl.v10n4p197.
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The article deals with some issues of the state power restriction, and the necessity of this is justified. The evolution of state power restriction certain criteria and forms are analyzed in accordance with the emergence of relevant ideas and scientific concepts and their chronology: the restriction of power by another power, self-restraint of state power; the restriction of state power by the law and human rights in connection with the contemporary problems of state power restrictions in a state governed by the rule of law.
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Lvova, Olena. "Limitation of human rights: concept and content." Yearly journal of scientific articles “Pravova derzhava”, no. 32 (2021): 81–89. http://dx.doi.org/10.33663/0869-2491-2021-32-81-89.
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Introduction. Human rights and freedoms are inalienable and not violated, however, they should not be opposed to the rights and freedoms of others. There may be some conflict of rights and conflicts of interest that need to be addressed at the level of scientific theory and law-making practice, and this may lead to restrictions on the exercise of certain rights or, conversely, their abuse. The purpose of the article. The article aims to analyze the basic concepts of restrictions on human rights and the content of this category in view of international human rights law. The results obtained. Examining the limits of human and state freedom, attention is paid to the relationship between order in society and personal rights of the individual, emphasizes the need for balance so that public authorities that guarantee order in society, their regulatory influence does not suppress human rights and freedoms. Issues of legal and illegal restrictions are studied. In particular, in determining the legitimacy of state interference in a particular law, the European Court of Human Rights always checks compliance with a three-part test, which includes the following conditions: whether the law provides for the possibility of restricting the exercise of the right; whether the purpose of such a restriction is legitimate; whether such a restriction is necessary in a democratic society. At the international level, the so-called prohibition of state interference in the private life of citizens has been established, in connection with which the article analyzes international legal acts, in particular, the Convention for the Protection of Human Rights and Fundamental Freedoms. It is emphasized that the restriction of human and civil rights and freedoms is also an institution that is present in the constitutions of most of the most developed countries in the world. As a rule, in accordance with international standards, absolute or fundamental rights are not subject to restrictions. However, taking into account the individual characteristics of social and political life of society, each state establishes criteria for restricting human rights and freedoms. Conclusions. Restrictions on human and civil rights and freedoms should be understood as legally (legally) established limits (or exceptional conditions) that individuals must comply with in the process of exercising their fundamental rights in order to prevent violations of the rights and legitimate interests of others and compliance with established legal conditions necessary to ensure national security, public order, public morality, etc.
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Kamalova, Gulfiia Gafiiatovna. "Restrictions and boundaries in the Russian information law." Национальная безопасность / nota bene, no. 2 (February 2020): 11–30. http://dx.doi.org/10.7256/2454-0668.2020.2.32653.
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The subject of this research is the system of legal norms of the Russian Federation that regulates public relations within the process of restriction of the constitutionally recognized information rights and liberties of a human and citizen, as well as establishment of the boundaries of their realization in the current conditions of development of the information society and digitalization. The goal of this work is to develop theoretical foundations for information law through demarcation of boundaries and restrictions of the information rights and liberties, which would also contribute to improvement of information legislation and the practice of its application. The scientific novelty of research is reflected in the acquisition of scientific knowledge required for development of legal regulation of the information sphere in the conditions of digitalization, among which are the original definition of the concepts “boundaries of exercising rights in the information sphere” and “restrictions of information rights and liberties”, obtained based on the conducted analysis of the forming public relations within information sphere and their legal regulation. The following conclusions were made: 1) there is absence of research on the issues of boundaries of rights, including boundaries in information law; 2) there is a need for determination of boundaries of exercising right in the information sphere and restriction of information rights and liberties in implementation of legal regulation, as well as consideration of the legal nature of technical norms in their inclusion into a normative legal act.
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Cseh, Kristóf Balázs, and János Fazekas. "The Municipal Rights of Disposal over the Territory and its Governmental Restrictions in Hungary." Lex localis - Journal of Local Self-Government 18, no. 4 (October 29, 2020): 1053–66. http://dx.doi.org/10.4335/18.3.1053-1066(2020).
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The centralization process in Hungary affects the local governments too. From 2010, they face weakening of their competencies and taking away of their task and with it, restrictions of their rights in some aspects. This paper aims to explore one aspect of the restriction, the changing of ownership of their task-bound assets with legislative means. To show the process, two cases of such restriction will be examined, both affecting the capital of Hungary, Budapest and both being symbolic project for the Government and the municipalities too.
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Stefanowicz, Olga. "Guidance on the Limits for the Use of Restrictive Clauses in Commercial Lease Agreements – Once Again on Restrictions “by Object”. Case Comment to the Preliminary Ruling of the Court of Justice of 26 November 2015 SIA ‘Maxima Latvija’ v Konkurences padome (Case C-345/14)." Yearbook of Antitrust and Regulatory Studies 9, no. 14 (2016): 279–91. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.14.14.
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The Court of Justice (hereinafter, CJ or Court) held in case C-345/14 SIA ‘Maxima Latvija’ v Konkurences padome that the inclusion of a clause that allows a tenant to indirectly select a neighbour of adjoining shopping centre spaces is not a restriction “by object”. On the example of Maxima Latvija (a supermarket chain active predominantly in the food sector), the CJ outlined under which conditions can competition law concerns arise from non-compete clauses in lease agreements concerning shop premises. The existence of a right to veto over potential tenants of adjourning shop premises may have the effect of restricting competition within the meaning of Article 101(1) TFEU, and should thus be assessed according to its market impact. Although the Court recognised that a unilateral decision on the lease of other commercial spaces is not by its nature anti-competitive, an effect-based assessment would require a multi-faceted analysis, which might still find a competition law infringement. Although the multi-criteria analysis proposed by the CJ is somewhat blurry, the judgment is a valuable contribution to the debate on the restrictive interpretation of “by object” restrictions.
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Liu, Guofu. "Changing Chinese Migration Law: From Restriction to Relaxation." Journal of International Migration and Integration / Revue de l'integration et de la migration internationale 10, no. 3 (July 8, 2009): 311–33. http://dx.doi.org/10.1007/s12134-009-0105-0.
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MacPartholán, Cathál. "Evolution of an Erosion." Journal of Criminal Law 81, no. 2 (April 2017): 103–11. http://dx.doi.org/10.1177/0022018317694721.
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This article critically examines the development of statutory restrictions on the common law right to silence in the UK, providing insight from common law, jurisprudence and historical legal contexts, and considering the broader context of the privilege against self-incrimination, and critically evaluates the development restriction of the right, by ss 34–38 of the Criminal Justice and Public Order Act 1994.
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Strezhnev, Anton, Beth A. Simmons, and Matthew D. Kim. "Rulers or Rules? International Law, Elite Cues and Public Opinion." European Journal of International Law 30, no. 4 (November 2019): 1281–302. http://dx.doi.org/10.1093/ejil/chaa002.
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Abstract One of the mechanisms by which international law can shape domestic politics is through its effects on public opinion. However, a growing number of national leaders have begun to advocate policies that ignore or even deny international law constraints. This article investigates whether international law messages can still shift public opinion even in the face of countervailing elite cues. It reports results from survey experiments conducted in three countries – the USA, Australia and India – which examined attitudes on a highly salient domestic political issue: restrictions on refugee admissions. In each experimental vignette, respondents were asked about their opinion on a proposed or ongoing restrictive refugee policy that was endorsed by the government but also likely contravened international refugee law. Respondents were randomly exposed to messages highlighting the policy’s illegality and/or elite endorsement. The results show that, on average, the international law messages had a small but significant persuasive effect in reducing support for the restrictive policy, at most 10 percentage points. Surprisingly, there was no evidence that the countervailing elite endorsement was a significant moderator of this effect. However, in the case of the USA and among Republican co-partisans of the president, the elite endorsement independently increased respondents’ beliefs that the restriction was legal under international law while having no effect on support for the policy. The results suggest that cues from domestic elites do not strictly trump those from international sources and that, despite cues about national leaders’ policy advocacy, international law can affect the attitudes of some voters even on an issue as heavily politicized as refugee policy.
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Starck, Christian. "Freedom of Scientific Research and its Restrictions in German Constitutional Law." Israel Law Review 39, no. 2 (2006): 110–26. http://dx.doi.org/10.1017/s0021223700013030.
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The German Constitution guarantees freedom of scientific research. This guarantee raises questions, such as its legal definition and scope, as well as possible conflicts with other constitutional rights. This Article suggests that in order to have normative legal consequences, the constitutional concept of science must have an ethical dimension—the importance of the value of research and research for nonbiased “truth.” Such an ethically-loaded definition of science gives rise to internal restrictions, by placing forgery, manipulation, plagiarism and other forms of improper scientific practice outside the scope of constitutional protection. Restrictions to constitutional protection can also be derived from other constitutional rights, such as the right to privacy, environmental protection, and the life and health of others. Another arguably important restriction is derived from the right to human dignity, particularly as it touches upon biomedical questions of human cloning and embryo research. This paper argues that the Kantian proscription of treating human beings as a means to an end, which lies at the heart of the right to human dignity, imposes significant restrictions on current trends in biomedicine. These restrictions warn against an implicit utilitarianism that devalues the rights of vulnerable human beings.
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S. Belyaeva, Galina, Victoria V. Kutko, Vera P. Kutina, Vladislav Yu. Turanin, and Neonila A. Turanina. "LEGAL RESTRICTIONS: THE NATURE AND FEATURES OF LEGAL CONFIRMATION AT THE INTERNATIONAL LEVEL." Humanities & Social Sciences Reviews 7, no. 4 (October 12, 2019): 1325–28. http://dx.doi.org/10.18510/hssr.2019.74184.
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Purpose: In this article, some questions legal restrictions, their nature and features of legal confirmation on the international level were considered.
Methodology: The main international acts confirming the general conditions, ways, purposes, tasks and the legal restrictions establishment bases were analyzed.
Result: The role of international legal norms as the main reference points for restriction confirmation in the national legislation was defined. Following the results of the conducted research, the conclusion was drawn on the role of the law as the main form of restriction confirmation in the public sphere.
Applications: This research can be used for the universities, teachers and education students.
Novelty/Originality: In this research, the model of legal restrictions: the nature and features of legal confirmation at the international level are presented in a comprehensive and complete manner.
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Mrozek, Kamila. "Materialnoprawne aspekty orzekania kary ograniczenia wolności." Nowa Kodyfikacja Prawa Karnego 39 (November 22, 2016): 73–82. http://dx.doi.org/10.19195/2084-5065.39.5.
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Substantive law aspects of imposing the penalty of restriction of libertyNumerous changes introduced within the criminal law have had a significant impact on the final model of the penalty of restriction of liberty. The measures adopted in 2015, following the general reform of the criminal law, have turned out to be rather ineffective. Thus, certain steps have been taken to re-model the penalty of restriction of liberty, which, to a large extent meant returning to previous solutions. This paper is primarily focused on analysing subsequent amendments within the substantive criminal law related to the penalty of restriction of liberty, with particular focus on the amendments introduced in 2016.
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KIRILLOVA, Elena Anatolyevna, Varvara Vladimirovna BOGDAN, Petr Martynovich FILIPPOV, Bela Bertovna BIDOVA, and Olesya Genadyevna FILIPENKOVA. "Public Interest as a Ground for Restriction of the Ownership Right." Journal of Advanced Research in Law and Economics 8, no. 7 (June 10, 2018): 2157. http://dx.doi.org/10.14505//jarle.v8.7(29).13.
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The public interest right as a ground for restriction of the ownership right is studied in this article. The notion of sustainable development, widely discussed in recent years at the international level, considers the thesis of balanced regulation of economic relations as one of the main principles of state policy. The balanced regulation of economic relations is impossible without clear definition of the areas of private and public interests in law, as well as without development of the common approaches to the notion, content, criteria, and principles of restriction of the ownership rights. The purpose of this study is to analyze public interest as a groundfor restriction of the ownership right. This scientific work is based on the dialectical method, in which each legal phenomenon is considered in development, in constant movement, and the contradictions of different levels within the framework of the common system are recognized as the internal impulses of development. The principle of systematic analysis of the limits of implementation and restrictions of private and public ownership rights is actively applied. The study proposes to expand the subject composition in legal relations on restriction of the ownership rights and to introduce a new subject of law (the ʽfuture generationsʽ), the interests of which may become the limit of the implementation of the ownership right; the authors' definition of the ʽinterest of the societyʽ is given, the conclusion is madethat the restrictions of the ownership rights are independent legal relationships, arising from the legal facts, based on the law. The proposal is substantiated that in the system of fundamental human rights and freedoms it is necessary to single out the right to property as the basic right of an individual (person), different from the ownership right. The right to property is a potential, yet unrealized opportunity for everyone to possess any property. The conclusions and proposals made in the study will make it possible to ensure the balance of the property interests of the owners and the society.
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Sarubin, Andrey Viktorovich. "Problems of exemption from criminal liability for restricting competition." SHS Web of Conferences 108 (2021): 02012. http://dx.doi.org/10.1051/shsconf/202110802012.
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The article considers the problems of exemption from criminal liability for restricting competition (Art. 178 of Criminal Code of the Russian Federation). The criminal legislation of Russia and the practice of its application in terms of exemption from liability for restriction of competition are analysed. It is thought that the main objectives of the criminal-law prohibitions contained in Chapter 22 of the Criminal Code of the Russian Federation, is to ensure the criminal-legal protection of economic relations, preventing the growth of crimes that threaten the development of financial institutions of the state. Purpose of work: Identify problems of exemption from criminal liability for restricting competition in the modern practice of preliminary investigation and court, and propose ways to improve the criminal law on the exemption from criminal liability for restricting competition. Methods. The methodological basis of the research was the general dialectical method of scientific knowledge, which has a universal character, as well as methods of logical deduction, induction, cognitive methods and techniques of observation, comparison, analysis, synthesis and description, formally logical. Results. The research revealed the problems of application of the criminal law on the exemption from criminal liability for restriction of competition and suggested ways to improve paragraph 3 of the notes to the Art. 178 of Criminal Code of the Russian Federation, providing for the possibility of exemption from criminal liability for restricting competition.
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Podmarev, Aleksandr. "Unrestricted (absolute) rights and freedoms of man and citizen in the Constitution of the Russian Federation of 1993 and international acts." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2019, no. 4 (December 25, 2019): 69–75. http://dx.doi.org/10.35750/2071-8284-2019-4-69-75.
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The 1993 Constitution of the Russian Federation as one of the principles of the legal status of an individual establishes the possibility of restricting human and civil rights and freedoms, while also providing for the necessary conditions for imposing such restrictions (the existence of a constitutional goal of restriction; setting restrictions only by federal law; proportionality; compliance with international standards of restrictions; prohibition restrictions on rights based on social, racial, national, linguistic or religious affiliation). The need for the existence of restrictions on the rights and freedoms of the individual is due to various reasons: the protection of the foundations of the constitutional order, the rights and freedoms of other persons, and the interests of the state. However, certain human rights and freedoms cannot be restricted under any circumstances; this so-called absolute rights and freedoms. But neither national legislation nor international law contain a precisely defined list of absolute rights and freedoms. The aim of the article is to identify in the Constitution of the Russian Federation of 1993 and in international acts unrestricted (absolute) rights and freedoms of a person and citizen. The relevance of the research topic for the Russian constitutional legal science is due to the fact that certainty in the understanding of the list of unrestricted rights and freedoms is necessary for the improvement of lawmaking and law enforcement activities. The article examines the provisions of the Constitution of Russia, the main international legal acts on human rights, the legal positions of the Constitutional Court of the Russian Federation.
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Kapusta, Nestor D., Elmar Etzersdorfer, Christoph Krall, and Gernot Sonneck. "Firearm legislation reform in the European Union: impact on firearm availability, firearm suicide and homicide rates in Austria." British Journal of Psychiatry 191, no. 3 (September 2007): 253–57. http://dx.doi.org/10.1192/bjp.bp.106.032862.
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BackgroundThe availability of firearms in homes and at aggregate levels is a risk factor for suicide and homicide. One method of reducing access to suicidal means is the restriction of firearm availability through more stringent legislation.AimsTo evaluate the impact of firearm legislation reform on firearm suicides and homicides as well as on the availability of firearms in Austria.MethodOfficial statistics on suicides, firearm homicides and firearm licences issued from 1985 to 2005 were examined. To assess the effect of the new firearm law, enacted in 1997, linear regression and Poisson regressions were performed using data from before and after the law reform.ResultsThe rate of firearm suicides among some age groups, percentage of firearm suicides, as well as the rate of firearm homicides and the rate of firearm licences, significantly decreased after a more stringent firearm law had been implemented.ConclusionsOur findings provide evidence that the introduction of restrictive firearm legislation effectively reduced the rates of firearm suicide and homicide. The decline in firearm-related deaths seems to have been mediated by the legal restriction of firearm availability. Restrictive firearm legislation should be an integral part of national suicide prevention programmes in countries with high firearm suicide rates.
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Anderson, Gary M., Charles K. Rowley, and Robert D. Tollison. "Rent Seeking and the Restriction of Human Exchange." Journal of Legal Studies 17, no. 1 (January 1988): 83–100. http://dx.doi.org/10.1086/468122.
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(Arif Ali Arif), عارف علي عارف, and رزكار سليمان مولود (Mulud Sulaiman). "قانون تقييد تعدد الزوجات في إقليم كردستان العراق: دراسة تحليلية فقهية في ضوء الواقع المعاصر Polygamy Restriction Law in the Kurdistan Region of Iraq A Jurisprudential Analysis of Contemporary Realitis." Journal of Islam in Asia (E-ISSN: 2289-8077) 11, no. 1 (June 1, 2014): 70. http://dx.doi.org/10.31436/jia.v11i1.422.
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الملخّصتعدد الزوجات مباح في الإسلام مع قيود في ذلك، ولكن تطبيقاته تشهد تنوعًا من مجتمع إلى آخر، وكردستان العراق لديهم قانون تقييد تعدد الزوجات. وقد جعل تعدد الزوجات مطيّة لنقد الإسلام وتسديد ضربات له من أجل تشويه الفقه الإسلامي. فكانت هناك حاجة للنظر الموضوعي في هذه المسألة في ضوء الفقه الإسلامي وأصوله. يهدف هذا البحث إلى تحليل الآرء الفقهيّة لعلماء المسلمين في تقييد تعدد الزوجات من أجل الوصول إلى مقترحات مناسبة مراعيا في ذلك الواقع الاجتماعي في إقليم كردستان العراقي. الكلمات المفتاحية: تعدد الزوجات، قانون تقييد التعدد، إقليم كردستان، القواعد الفقهية. ************************************AbstractPolygamy is allowed with definite restrictions in Islam but its practical manifestation varies from region to region. Iraqi Kurdistan has its own system of polygamy restriction. It has consequently provided for critics of Islam a shot in the arm to discredit Islamic law. There is a need to look at the issue objectively in the light of Islamic jurisprudence. This paper seeks to analyse jurisprudential views of Muslim scholars on the polygamy restriction with a view to coming up with appropriate suggestions keeping in view social realities in Kurdistan region of IraqKeywords: Polygamy, Law of Restriction, Kurdistan Region, Juristic Maxims.
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GROSSMAN, RICHARD S. "Charters, corporations and codes: entry restriction in modern banking law." Financial History Review 8, no. 2 (October 2001): 107–21. http://dx.doi.org/10.1017/s096856500100021x.
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This paper examines the evolution of the legal foundation under which commercial banks operated in different countries. The earliest incorporated banks were established under charters issued by sovereigns or legislatures. Subsequently, charters were issued: (1) though corporation law; or (2) via special banking codes. Countries that concentrated their note issues in central banks earlier were less in need of detailed banking codes and were, therefore, more likely to have allowed banks to operate under general corporation laws. By contrast, countries in which note issue was not centralised were more likely to have established a detailed banking code.
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Vanaga, Sanita. "Tiesiskā regulējuma analīze aizgādības tiesību ierobežošanas jautājumos." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 1, no. 19 (2021): 152–65. http://dx.doi.org/10.25143/socr.19.2020.1.152-165.
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Rakstā ir veikta aizgādības tiesību ierobežošanas tiesiskā analīze un aplūkoti problēmjautājumi, kas saistīti ar aizgādības tiesību ierobežošanas sekām. Tā kā likuma izpratnē bērns ir nepilngadīga persona līdz 18 gadu sasniegšanai un viņam trūkst rīcībspējas, bērna aizgādības tiesības īsteno viņa dabiskie aizbildņi – vecāki. Aizgādības tiesību būtība ir ļoti plaša, un to īstenošana vai tiesiska ierobežošana ir aplūkojama no vairākiem aspektiem, kas uzskatāmi norāda uz vairākiem problēmjautājumiem. Publikācijā īpaša uzmanība tiek pievērsta aizgādības tiesību ierobežošanas veidiem un to ietekmei uz bērna tiesību un interešu nodrošināšanu. Veicot tiesiskā regulējuma analīzi, tika konstatēts, ka ir trīs aizgādības tiesību ierobežošanas veidi. Taču šo tiesību ierobežošanas gadījumā bērnu tiesību un interešu nodrošināšana ir nevienlīdzīga un interpretējama atbilstoši noteiktajiem ierobežojumiem un bērna vecāku izpratnei par aizgādības tiesību būtību. Pētījuma mērķis ir identificēt problēmjautājumus un sniegt priekšlikumus tiesiskā regulējuma pilnveidošanai, lai visos aizgādības tiesību ierobežošanas gadījumos bērna tiesību un interešu nodrošināšana būtu vienlīdzīga un bērna vislabākajās interesēs. Raksts veidots divās daļās. Pirmajā daļā aplūkoti aizgādības tiesību ierobežošanas veidi un to tiesiskās ierobežošanas problēmjautājumi, savukārt otrajā daļā analizēta aizgādības tiesību ierobežošanas ietekme uz bērna tiesību un interešu nodrošināšanu. The article addresses the question of the legal analysis of the restriction of custody rights and the issues related to the consequences of the restriction of custody rights. As within the meaning of law, a child is a minor until the age of 18, thus he or she lacks the legal capacity, the child’s custody rights are exercised by his or her natural guardians – parents. The nature of custody rights is very broad, and their exercise or legal restriction can be viewed from several aspects, which clearly raises a number of issues. The publication pays special attention to the ways of restricting custody and their impact on ensuring the rights and interests of a child. The analysis of the legal framework revealed that there are three types of restriction of custody rights, which ensure unequal protection of a child’s rights and interests, as the restrictions is interpreted according to the understanding of custody rights by the child’s parents. The aim of the study is to identify the problematic issues and make proposals for the improvement of the legal framework, in order to reach equal protection of the rights and interests of a child in all cases of restriction of custody rights, which would be in the best interests of a child. The article consists of two parts. The first part discusses the types of restriction of custody rights and the problems of their legal limitation, while the second part analyses the impact of restriction of custody rights on ensuring the rights and interests of a child.
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PAUWELYN, JOOST. "Rien ne Va Plus? Distinguishing domestic regulation from market access in GATT and GATS." World Trade Review 4, no. 2 (July 2005): 131–70. http://dx.doi.org/10.1017/s1474745605002351.
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Depending on how one classifies market intervention, trade liberalization disciplines can be lenient or strict. Perhaps the most important distinction in this respect is that between government intervention labeled as a ‘market access restriction’ and that defined as ‘domestic regulation’. Both the GATT and the GATS declare market access restrictions (such as import quotas or limitations on the number of service suppliers) to be, in principle, prohibited. In contrast, domestic regulations (such as internal taxes, health standards, and safety requirements) are treated with much more deference. They are, in essence, only prohibited when discriminatory or more trade restrictive than necessary. Notwithstanding these major legal consequences, the distinction between market access and domestic regulation remains unclear. Based on a recent WTO dispute condemning the United States for banning online gambling, this article is an attempt to clarify the distinction. Starting from broad similarities, it finds crucial differences in this respect between GATT and GATS. For both, however, the paper's basic point is that a domestic regulation should not be regarded as a market access restriction simply because it has the effect of banning certain imports. To do otherwise risks seriously undermining the regulatory autonomy of WTO Members beyond anything imagined by the drafters of the WTO treaty.
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Lew-Williams, Beth. "Before Restriction Became Exclusion." Pacific Historical Review 83, no. 1 (February 1, 2014): 24–56. http://dx.doi.org/10.1525/phr.2014.83.1.24.
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The Chinese Exclusion Act (1882) marked a turning point in the history of U.S. immigration control, but it was not as definitive a move toward gatekeeping as historians have suggested. Contemporaries called the 1882 law the “Chinese Restriction Act,” reserving the term “exclusion” for its successor in 1888. The rhetorical change paralleled an important shift in policy. During Chinese Restriction (1882–1888), the United States so valued its relationship with China that it made immigration restriction subject to diplomatic negotiation. Only after the Restriction Act failed and China signaled capitulation did the United States enact Chinese Exclusion (1888), which prohibited Chinese workers, asserted America’s sovereign power to exclude, and developed modern systems of enforcement. The transition from diplomatic Restriction to unilateral Exclusion represents a powerful aggrandizement of American power.
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Shavell, Steven. "The Mistaken Restriction of Strict Liability to Uncommon Activities." Journal of Legal Analysis 10 (2018): 1–45. http://dx.doi.org/10.1093/jla/lay004.
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Abstract Courts generally insist that two criteria be met before imposing strict liability rather than basing liability on the negligence rule. The first—that the injurer’s activity must be dangerous—is sensible because strict liability possesses general advantages over the negligence rule in controlling risk. But the second—that the activity must be uncommon—is ill-advised because it exempts all common activities from strict liability no matter how dangerous they are. Thus, the harm generated by the large swath of common dangerous activities—from hunting, to construction, to the transmission of natural gas—is inadequately regulated by tort law. After developing this theme and criticizing ostensible justifications for the uncommon activity requirement, the article addresses the question of how it arose. The answer is that its legal pedigree is problematic: it appears to have been invented by the authors of the first Restatement of Torts. The conclusion is that the uncommon activity requirement for the imposition of strict liability should be eliminated.
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Bulaevskiy, Boris A. "ON RESTRICTION OF INHERITANCE RIGHTS." Law of succession 4 (December 24, 2020): 3–7. http://dx.doi.org/10.18572/2072-4179-2020-4-3-7.
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In the article, based on the analysis of the current civil legislation of the Russian Federation and in accordance with the research methodology proposed by the author, the possible directions of research on the issue of limiting inheritance rights are formulated. One of the key points of the research is the question of the species diversity of hereditary legal relations and, as a consequence, the diversity of hereditary rights. Examples of their legal regime are given. An assessment of its impact on the possibility of limiting inheritance rights and the form of such limitations is proposed. Attention is drawn to the nature of the inheritance right guaranteed by the Constitution of the Russian Federation and its development in civil legislation. Some aspects of the existence of hereditary rights in the dynamics of hereditary legal relations are analyzed. The main focus of the work is on understanding the category of «restriction» in law. Some possible grounds for limiting inheritance rights are determined. Demonstrated are the normative forms of restrictions on inheritance rights in the current civil legislation on the example of the right to accept inheritance and the right to a compulsory share in inheritance. The need for further research on various aspects of limiting inheritance rights in the context of the ongoing reform of inheritance legislation is noted. Attention is drawn to the need for a conceptual approach to reforming domestic inheritance law.
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OPOLSKA, Natalya. "LIMITATION OF THE RIGHT TO FREEDOM OF CREATIVITY IN PRECEDENTIAL PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS." "EСONOMY. FINANСES. MANAGEMENT: Topical issues of science and practical activity", no. 1 (41) (January 2019): 187–200. http://dx.doi.org/10.37128/2411-4413-2019-1-15.
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The article examines the main criteria for the legitimacy of restriction the right to freedom of creation in the practice of the European Court of Human Rights, in particular, legitimacy (legality) – the restriction of the right to freedom of creation should be provided for by international and national legislation, the purpose of which is to restrict the right to freedom of creation to be justified, coherent purpose, consistent with the principle proportionality and not to go beyond the bounds of necessity; content – restrictions on the freedom of creation can not be interpreted expanded, correspond to the basic content of freedom of creation and its social purpose. It has been determined that in the practice of the European Court of Human Rights there are various legal positions regarding the restriction of the right to freedom of creation. In order to streamline the practice of applying the Convention, since compliance with the precedent not only meets the requirements of the independence and impartiality of the Court, but also reflects the very essence of judicial policy, consider the most typical decisions of the ECtHR in complaints about limiting the right to freedom of creation. It is concluded that in each case dealt with by the ECtHR, there are grounds for making a decision both in favor of the complainants and in support of governments for limiting the freedom of creativity. The importance of the above mentioned restrictions on the right to freedom of creativity in the case law of the European Court of Human Rights is that: - first, they relate to pressing issues concerning the restriction of freedom of creation, as the competence of the right to freedom of expression, which is enshrined in Art. 10 of the Convention; - second, in the cases cited above, the ECtHR ruled that convictions were not in these cases in violation of Article 10 of the Convention and supported the position of national courts in interfering with freedom of expression of the arts; - Thirdly, the decision of the ECHR points to the absence of a single international concept of "public morality", from which it can be concluded that it is expedient to determine the general tendencies in the development of modern morals of mankind; - fourthly, the decision of the ECtHR in complaints concerning the restriction of the right to freedom of creativity, which infringes religious feelings of the population, norms of social ethics and morals, provided that the state intervention was carried out with a high degree of conviction in its expediency, the court turns to the side national courts. Relevant restrictions on the freedom of creativity are considered legitimate if they are aimed at preventing neglect of the feelings of national minorities or believers in protecting the most vulnerable categories of the audience (children) if there is a danger that they may have access to this information. However, we are talking about well-considered decisions, since under the same slogans censorship and other undemocratic institutions can be introduced, and here the important point of the ECHR as a guarantor of the Convention is considered. It is determined that in the European legal tradition, the freedom of creativity is closely connected with the restrictions, the need for which must be proved with a high degree of their legitimacy (legality), proportionality and expediency (purpose). The analysis of judgments of the European Court of Human Rights concerning the violation of Article 10 of the Convention made it possible to summarize the case law of the ECHR in the area of restricting the right to freedom of creation and to divide it into three groups, depending on the grounds for interference of the states in the freedom of creativity: Restriction of the right to freedom of creativity in order to protect health; Restrictions on the right to freedom of creativity that are necessary in a democratic society in the interests of national security, territorial integrity or public security, in order to prevent riots or crimes; Restriction of the right to freedom of creativity in order to protect the reputation or rights of others. When restricting the right to freedom of creativity in order to protect the health or morals of others, the case law of the ECtHR recognizes a broad discretion by the states. In resolving the question of the limits of state intervention in order to protect public morality, the Court proceeds from the absence of a single coherent international concept of "public morality". The limits of freedom of creativity are set by the states in accordance with the norms of social ethics and morals. Relevant restrictions on the freedom of creativity are considered legitimate if they are aimed at preventing neglect of the feelings of national minorities or believers, to protect the most vulnerable categories of the audience (children), etc. (“Müller and Others v. Switzerland”, "Handyside v. Great Britain", "Otto Preminger v. Austria"). The restrictions on creativity in the practice of the ECHR in cases involving encroachments on the democratic foundations of society in the interests of national security, territorial integrity or public security, in order to prevent riots or crimes are relatively narrower. The precedent of such decisions in assessing the validity of government actions, their determinants of urgent social need, proportionality and compliance with the legitimate aim. When interfering with the right to freedom of creativity, an analysis of the balance between the restrictions that are necessary in a democratic society and the right to freedom of expression are considered. Summing up the practice of the ECHR concerning restrictions on the freedom of creativity that are necessary in a democratic society.
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Akulov, Yu. "LEGAL REGULATION FOR THE RESTRICTION ON PROPERTY RIGHTS TO WORKS IN UKRAINE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 111 (2019): 5–8. http://dx.doi.org/10.17721/1728-2195/2019/4.111-1.
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The article analyses specific issues on the legal regulation in the sphere of restriction on the author's property rights to literary and artistic works in Ukraine through European and international prism. The author examines the legislation of Ukraine, international and European regulatory sources for the purpose of regulating directly the cases of lawful free use of literary and artistic works of the author and the restriction on his prop- erty rights to literary and artistic works, as a result of his intellectual activity. The purpose of this study is to determine the specifics of legal regulation in the sphere of restriction of property rights to works in Ukraine. The philosophical, general-scientific and special-scientific methods of cognition have been used in the work, including comparative-legal method, struc- tural-functional, deductive, as well as methods of analysis, generalization and analogies. The author has found the basic inaccuracies and gaps in the legal regulation for of the restriction and free use of works as an object of copy- right. The author proves that the Ukrainian legislator did has not harmonized the provisions of the Law of Ukraine "On Copyright and Related Rights" with the provisions of the Civil Code of Ukraine. Thus, the article shows that the use of such concepts as "free use of works", "restriction of property rights", "exceptions and restrictions on property rights", "legitimate use of a work without the consent of the author" are not in line with international practice. The author draws conclusions on the improvement of the legislation to avoid these problems. The implementation of Europe- an practice in the legislation of Ukraine is also highlighted. The results of the study can be used for further research in the field of copyright, including comparative copyright. These proposals may be applied to improve current intellectual property law.
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Frowein, JA. "Constitutional law and international law at the turn of the century." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 1, no. 1 (July 10, 2017): 1. http://dx.doi.org/10.17159/1727-3781/1998/v1i1a2898.
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Constitutional law and international law operate in simultaneous conjunction and reciprocal tension. Both fields seem to have overcome the great challenges of destruction and neglect in the course of the 20th century. Both after World War I and World War II the world experienced new waves of constitution making. In both cases the current German constitutions (the Weimar Constitution of 1919 and the Grundgesetz of 1949) were influential. Characteristic of constitution-making in this century, is the final victory of liberal constitutions based on the rule of law, the Rechtsstaat, fundamental rights, meaningful control of public powers and the establishment of constitutional courts. Following the destruction of World War II, the notion of the Sozialstaat emerged strongly in Germany. In contrast to the Constitution of the United States of America, the principle of the responsibility of the state for social justice has emerged in almost all new constitutions, including Russia, Poland, South Africa, Spain, Italy and Portugal. Where courts are given the mandate to interpret bills of rights, fundamental rights have been developed into foundation stones of the legal system. The presence in a Bill of Rights of restrictive clauses, is important for its analysis. Generally restrictive clauses in new constitutions try to limit the possibilities of restriction. The importance of constitutional rules establishing and legitimizing the political organs, must not be overlooked. Of particular importance is the degree of control over the head of state, a positive attitude among political actors towards the constitution and the protection of the interests of minorities in a democratic system. In the field of Public International Law much of Kant's ideal of an international confederation of peace has been realized. Since 1990 the United Nation's Security Council has shown the potential of becoming a directorate for the community ofnations. International law has also been instrumental in the worldwide recognition of human rights. Especially in Europe, Convention Law has had a strong impact. Furthermore, global and regional systems of regulation have tended to alter the legal attitude towards state sovereignty. It may be that the South African constitutional approach in terms of which international law is subject to constitutional and other national law, is not in line with international tendencies.
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Block, Laura, and Saskia Bonjour. "Fortress Europe or Europe of Rights? The Europeanisation of Family Migration Policies in France, Germany and the Netherlands." European Journal of Migration and Law 15, no. 2 (2013): 203–24. http://dx.doi.org/10.1163/15718166-12342031.
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Abstract Are the restrictive reforms of family migration policy recently implemented in France, Germany and the Netherlands a result of the introduction of the Family Reunification Directive in 2003? Most existing literature on the Europeanisation of migration policies suggests that restriction-minded national governments shift decision-making to the EU level to escape domestic political and judicial constraints. However, as the Treaties of Amsterdam and Lisbon have empowered the Commission and Court to constrain restrictive reform, this perspective is losing analytical validity. Also, this perspective fails to capture the intensifying processes of policy transfer among Member States, which have inadequately been labelled ‘horizontal’ Europeanisation. We therefore propose a new, actor-centred analytical framework of Europeanisation. We show that contrasting yet parallel dynamics of Europeanisation may emanate from a single legislative instrument and may constrain and empower national governments at the same time.
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Yulianto, Yulianto. "Restriction on the Rights of Secured Creditors in Bankruptcy Proceedings." Hang Tuah Law Journal 1, no. 1 (July 20, 2017): 100. http://dx.doi.org/10.30649/htlj.v1i1.12.
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The enactment of Law No. 37/2004 upon Bankruptcy and Suspension of Payment (UUK-PKPU) as the “lex specialist” of the Collateral Law and Civil law has caused several legal problems to the creditors holding collateral over assets of their debtors, commonly known as secured creditors, in terms of management and settlement on bankruptcy estate. Such problems included: First, there is a normative conflict between Bankruptcy law and collateral law, in particular regarding to the principle of executorial and the principle of preference right. Second, there is a restriction on the right of secured creditors in terms of management and settlement on bankruptcy estate.
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Marovdi, V. M. "On the issue of restriction of individual rights in civil law. Correlation between the concepts of restriction and encumbrance of civil rights." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 146–50. http://dx.doi.org/10.24144/2307-3322.2021.64.27.
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In this article the author considers the concept of restriction of individual rights in civil law, as well as the re-lationship between the concepts of restriction and encumbrance of civil rights. First of all, the lack of a legislative definition of the concept of restriction of individual rights in civil law, as well as the ambiguity of the position of the legislator on the use of the term restriction and its place among related conceptsIn writing this work, first of all, attention was paid to the Constitution of Ukraine, which is the Basic Law, which serves as a guide that establishes the general boundaries of human and civil rights. The connection of the provisions of the Constitution with the norms of the Civil Code of Ukraine within the framework of the chosen topic was presented. Emphasis is placed on the fundamental principle according to which the national legal system is built, namely: “everything is allowed that is not expressly prohibited by law.”The views of some scholars who adhere to their vision of the concepts under study are given. In addition, in this study, the relationship between the concepts of restriction and encumbrance of individual rights in civil law. In the process of writing this work, the positions of legal scholars who had relatively similar positions were given. They distinguish between the above concepts, and provide the relevant features. However, outside the scope of this study were many works of scientists who do not see a difference in these concepts.None of this was left out of the regulatory framework for the definition of the above concepts at the legislative level. In particular, it was found that in contrast to the concept of restriction of individual rights, including in civil law, the current legislation contains a definition of encumbrance. There are several acts that provide this definition. And in all cases, the definition is different.Based on the analysis of regulations, it was found that the legislator does not consistently approach the definition of encumbrance. In particular, in some cases the latter includes the encumbrancer’s right to the debtor’s movable property or restriction of such right, in others - prohibition or restriction of disposal and / or use of real estate, and in some cases the legislator identifies encumbrances and restrictions.According to the results of the study, the conclusions on the failure to define in national law the concept of re-strictions on the rights of persons in civil law, as well as the lack of a clear distinction between the concept of restric-tion of the right of person and encumbrance, in particular under civil law. There is a position on the need for further research on relevant topics, which will ensure clarity and clarity of the law, and promote its effective application, as well as consensus on this issue among scholars.
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James, Deborah S. "Voter Registration: A Restriction on the Fundamental Right to Vote." Yale Law Journal 96, no. 7 (June 1987): 1615. http://dx.doi.org/10.2307/796496.
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Josipović, Tatjana. "Restrictions of Fundamental Rights in Private Law Relations in the Special Legal Order, with Exceptional Regard to the Specific Circumstances Caused by the Epidemic." Central European Journal of Comparative Law 1, no. 2 (December 9, 2020): 59–86. http://dx.doi.org/10.47078/2020.2.59-86.
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In this text, the author analyses the intervention measures within the realm of private law relations that were aimed at alleviating or possibly also eliminating the consequences of the serious epidemic. The author presents and analyses the measures introduced in Croatian law to protect private law entities in their private law relations affected by the consequences of the pandemic and the public health measures. The author’s focus is on the impact of these measures on the protection and restriction of fundamental rights in private law relations to establish whether they met all the necessary requirements when allowing for such restrictions of fundamental rights in private law relations. The aim of this paper is to consider the criteria for the assessment and proportionality of these measures which in private law relations restrict people’s fundamental rights while being imposed to protect people’s health in a serious epidemic.
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Danylenko, B. "RESTRICTION OF HUMAN RIGHTS: THE DANGEROUS TENDENCY." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 108 (2019): 5–12. http://dx.doi.org/10.17721/1728-2195/2019/1.108-1.
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This article is devoted to the study of human rights restrictions in Ukraine. The author states that there is an increasing tendency of human rights restriction in Ukraine. Both the state and private persons are the subjects of violation of human rights. In the legislative policy this tendency has increased since the parliamentary election in 2014. That year is known as the beginning of the in Ukraine. But most of the restrictions of human rights made by the laws of Ukraine (which violate the Constitution of Ukraine) since then have no relation to military activities and national security. The author identifies a number of tendencies: 1) recent amendments to Ukrainian legislation not only limit constitutional rights but also violate the principles of law and constitutional guarantees of human rights; 2) due to the usage of modern informational technologies, violations of the right to privacy are total; however, the law-enforcement agencies do not struggle with such violations systematically; 3) many constitutional human rights are violated by the laws devoted to family relations; those laws are being passed by the Parliament of Ukraine with the very high speed that is not quite usual for legislative process in Ukraine; 4) both the state and private persons use modern technologies to violate human rights; on the basis of modern technologies new ways of violation of human rights appear. Conclusions. The restrictions of human rights, provided by the laws, always have some reasons. But neither political, nor economical, nor social nor any other interest can be the reason for violation of human rights and freedoms. "In spite of the fact that the air was never so full of theories of liberty and wild declarations of «rights», there has been a steady curtailment of «personal freedom»". These words of the great American Henry Ford are so relevant for modern Ukraine.
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Buchma, Oleg. "Religion, Freedom, State, Law in the Context of Creating Civil Society in Ukraine." Religious Freedom 1, no. 19 (August 30, 2016): 174–77. http://dx.doi.org/10.32420/rs.2016.19.1.963.
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Freedom as the ability to act in accordance with its own interests, needs, goals determines not only existing (present), but also future socio-legal reality and defines in it the place of a person. Guaranteed and secured by positive law the possibility of realizing subjective law is the main indicator of democracy, civilization, and humanity of the state. Conversely, the restriction, negation or restriction of rights and freedoms, in particular legal means, creates the ground for the destruction of the state, and at the same time society deprives the future.
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Pateira Ferreira, João. "PAY-FOR-DELAY AGREEMENTS UNDER EU COMPETITION LAW – A COMMENT ON PAROXETINE." ULP Law Review 14, no. 1 (February 9, 2021): 169–78. http://dx.doi.org/10.46294/ulplr-rdulp.v14i1.7476.
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Summary The Court of Justice of the European Union (“Court of Justice”) issued its first ruling on pay-for-delay agreements, in reply to a reference for a preliminary ruling from the UK’s Competition Appeal Tribunal (“CAT”) during its review of the appeal of a Competition and Markets Authority (“CMA”) decision applying a fine to GlaxoSmithKline (“GSK”) and five generic manufacturers for having entered into agreements settling patent disputes relating to GSK’s antidepressant paroxetine, on the basis that such agreements infringed competition rules. In its Paroxetine ruling of 30 January 2020[1], the Court of Justice found that patent settlements are not, by their very nature, anticompetitive; however, generic manufacturers can be regarded as potential competitors to the originator manufacturers when they have announced their intention to compete in the same market as the originator and, as such, patent settlement agreements are to be reviewed as horizontal agreements between competitors. Finally, a payment from the originator to the generic manufacturer in a patent settlement agreement is not enough to qualify such an agreement as a restriction of competition by object (the agreement is not anticompetitive by its very nature), unless there is no other justification for the payment other than to compensate the generic manufacturer for accepting to delay its entry in the market. In those circumstances, the Court finds that such an agreement will constitute a restriction of competition by object[2]. In this comment, we review the Court’s findings in relation to the issue of potential competition between the originator and the generics manufacturers and the qualification of this agreement as a restriction of competition by object. Keywords: pay-for-delay; restriction; competition; agreement; settlement; patent
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Cann, Deanna, and Deena A. Isom Scott. "Sex Offender Residence Restrictions and Homelessness: A Critical Look at South Carolina." Criminal Justice Policy Review 31, no. 8 (July 15, 2019): 1119–35. http://dx.doi.org/10.1177/0887403419862334.
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Sex offender residence restrictions (SORRs) have been widely implemented across the United States since the 1990s. A common concern regarding the implementation of SORRs is the decrease in viable housing options for registered sex offenders, which could potentially lead to homelessness. The vast application of SORRs across the United States, in addition to the known association between homelessness and crime, necessitates a deeper understanding of how SORRs impact rates of homelessness among this population. Utilizing data from South Carolina’s Sex Offender Registry, this study describes patterns of homelessness among this population. Specifically, using an interrupted time series analysis, we examine whether the state’s implementation of its SORR has an effect on the proportion of registered sex offenders reported as homeless. Our findings reveal a strong association between the implementation of residence restriction policies and rates of homelessness for registered sex offenders in South Carolina. Policy implications are discussed.
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Mediano Stoltze, Fernanda, Marcela Reyes, Taillie Lindsey Smith, Teresa Correa, Camila Corvalán, and Francesca R. Dillman Carpentier. "Prevalence of Child-Directed Marketing on Breakfast Cereal Packages before and after Chile’s Food Marketing Law: A Pre- and Post-Quantitative Content Analysis." International Journal of Environmental Research and Public Health 16, no. 22 (November 15, 2019): 4501. http://dx.doi.org/10.3390/ijerph16224501.
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Food marketing has been identified as a contributing factor in childhood obesity, prompting global health organizations to recommend restrictions on unhealthy food marketing to children. Chile has responded to this recommendation with a restriction on child-directed marketing for products that exceed certain regulation-defined thresholds in sugars, saturated fats, sodium, or calories. Child-directed strategies are allowed for products that do not exceed these thresholds. To evaluate changes in marketing due to this restriction, we examined differences in the use of child-directed strategies on breakfast cereal packages that exceeded the defined thresholds vs. those that did not exceed the thresholds before (n = 168) and after (n = 153) the restriction was implemented. Photographs of cereal packages were taken from top supermarket chains in Santiago. Photographed cereals were classified as “high-in” if they exceeded any nutrient threshold described in the regulation. We found that the percentage of all cereal packages using child-directed strategies before implementation (36%) was significantly lower after implementation (21%), p < 0.05. This overall decrease is due to the decrease we found in the percentage of “high-in” cereals using child-directed strategies after implementation (43% before implementation, 15% after implementation), p < 0.05. In contrast, a greater percentage of packages that did not qualify as “high-in” used child-directed strategies after implementation (30%) compared with before implementation (8%), p < 0.05. The results suggest that the Chilean food marketing regulation can be effective at reducing the use of child-directed marketing for unhealthy food products.
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Бисага, Юрій. "MEDICINES: CONSTITUTIONAL AND LEGAL REGULATION ON RESTRICTION OF THE PROPERTY RIGHT CONCERNING TECHNOLOGY TRANSFER SUBJECTS AND THE RIGHT TO CONDUCT ENTREPRENEURSHIP ON IMPORT OF MEDICINAL PRODUCTS IN CONDITIONS OF CONFLICT AND TEMPORARY OCCUPATION." Constitutional and legal academic studies, no. 3 (June 22, 2021): 6–13. http://dx.doi.org/10.24144/2663-5399.2020.3.01.
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The purpose of this article is to identify the features of restriction of ownership on the subjects of technology transfer regarding production of medicines and the right to run business on the import of medicines in conditions of conflict and temporary occupation.
The methodological basis of the conducted research is the general methods of scientific cognitivism as well as concerning those used in legal science: methods of analysis and synthesis, formal logic, comparative law etc.
When determining the legitimate purpose of restriction, it is necessary to apply the principle of proportionality, which is the concordance of measures applied to the above entities in order to limit the exercise of their rights with those public values that are protected by such restriction. On the procedural level, the State having realized the right for withdrawal has to comprehensively inform the General Secretary of the Council of Europe as for the measures taken and the reasons for them, as well as the time when those measures have ceased to apply and the provisions of the Convention are profoundly applied again. As the case law of the European Court of Human Rights shows, the derogation from the obligations under the Convention must have territorial and temporal specifications.
The following features of the constitutional and legal regulation of restriction of property rights for subjects of technology transfer to the production of medicines are revealed: 1) restrictions on the implementation of these rights should be provided by the law, which must meet the following requirements: clarity, accuracy, accessibility; 2) the measure is a temporal one; 3) the range of entities in respect of which it is applied to are the subjects of technology transfer being residents of the aggressor country; 4) legitimate purpose of implementation is protection of public values (national security, life and health of persons staying on the territory of Ukraine, territorial integrity, etc.); 5) necessary in democratic society.
The following features of the constitutional and legal regulation of restrictions on the right for running business activities regarding import of medicines during conflict and temporary occupation of the part of the territory of Ukraine by the Russian Federation are revealed: 1) restrictions on the exercise of these rights are provided by the Law of Ukraine “On Foreign Economic Activity” from 04.07.2017 №18.1-07/18369, which meets the following requirements: clarity, accuracy, accessibility; 2) the measure is temporal one; 3) the range of entities in respect of which it is applied to is addressed to the applicants of medicinal products, alternative and/or potential manufacturers, applicants-holders of registration certificates of which are the subjects of the Russian Federation; 4) legitimate purpose of implementation is protection of life and health of persons staying on the territory of Ukraine in connection with the impossibility of providing Ukraine with proper control over the quality of production of medicines within the Russian Federation; 5) necessary in democratic society.
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Zilbershats, Yaffa. "The Right to Leave Israel and its Restriction on Security Grounds." Israel Law Review 28, no. 4 (1994): 626–84. http://dx.doi.org/10.1017/s002122370001178x.
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Special Considerations in Striking the Balance Between the Right to Leave and the Interest of State SecuritySection 6(a) of Basic Law: Human Dignity and Freedom lays down explicitly that “every person is free to depart from Israel”. By enacting this provision the Knesset followed a long line of cases decided by the Supreme Court of Israel which held that the right to leave Israel is a recognized important right and a basic principle of the Israeli legal system.Article 6(a) confers the right to leave upon every person both Israeli citizens and foreigners alike. This principle conforms to the norms of various important international human rights instruments that confer the individual's universal right to leave upon a country.The constitutional protection of this right means that the right cannot be restricted except as provided by law which was intended for a fitting purpose and only to the extent necessary.
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Miller, Edward H. "They Vote Only for the Spoils: Massachusetts Reformers, Suffrage Restriction, and the 1884 Civil Service Law." Journal of the Gilded Age and Progressive Era 8, no. 3 (July 2009): 341–63. http://dx.doi.org/10.1017/s1537781400001304.
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This essay examines why Richard Henry Dana III and other Boston reformers supported the Massachusetts civil service law of 1884, an even stronger measure than the federal Pendleton Act of 1883. Historians have uncovered two purposes behind civil service reform. First, reform limited the “spoils system” and curtailed the power of political parties. Second, reform increased efficiency in government. This essay argues that restricting the suffrage of Irish laborers was another purpose. Therefore, the essay runs counter to prevailing historical opinion by demonstrating that support for suffrage restriction remained an undercurrent in the 1880s, even after the failure of the Tilden Commission to implement property qualifications in New York City in the late 1870s. This exploration of a neglected topic also reminds urban historians of the deep ethnic conflict that gripped Boston in the 1880s and of the crucial role of patronage and bossism in Boston and other cities, a reality that historians since the 1980s have tended to downplay.
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Шелютто, Марина, and Marina SHyelyutto. "Realization of Constitutional Principles of Family Law in the Russian Legislation." Journal of Russian Law 1, no. 12 (November 14, 2013): 56–64. http://dx.doi.org/10.12737/1548.
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The article attends to the legislative decisions, which are not consistent with constitutional principles of family law — gender equality, equal parental responsibility for maintenance and upbringing of their child, proportionality in restriction on family rights, protection of matrimonial property.
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Permilovskaya, E. A. "Imposition of Punishment in the Form of Restriction of Freedom." Actual Problems of Russian Law, no. 7 (July 1, 2018): 169–77. http://dx.doi.org/10.17803/1994-1471.2018.92.7.169-177.
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The introduction of the restriction of freedom in the domestic system of criminal penalties fully corresponds to the trend of humanization of contemporary Russian criminal and penal policies. However, the effectiveness of this punishment depends not only on the creation of proper conditions for its execution, but also on the correct application of the norms of the criminal law when it is appointed. Unfortunately, in practice, mistakes are often encountered in the establishment of specific restrictions and duties for the convicts restricted of freedom by courts. In the presented article, the author, on the basis of the analysis of existing judicial practice, identifies errors that arise when imposing punishment in the form of restriction of liberty. Particular attention is given to the need for the courts to take into account not only criminal legal but also social characteristics of the convict when imposing a sentence. In order to resolve the identified problems, the author formulates relevant proposals for improving domestic legislation regulating the sphere in question, as well as judicial practice.
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Altay, Sıtkı Anlam. "Restriction on the Authority to Represent in Turkish Joint Stock Companies Law." European Journal of Social Sciences 2, no. 3 (August 25, 2019): 58. http://dx.doi.org/10.26417/ejss-2019.v2i3-76.
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Turkish Joint Stock Corporations Law is based upon Swiss Law. Turkish Commercial Code of 2012 reflects a pure reception of the rules regarding the representation of the company from Swiss Law. However in 2014, Turkish Law has confronted the enforcement of Art. 371/7 TCC, which enables restrictions on the representation authority in terms of the material and monetary scope of the transaction. This study aims to bring a critical view of this regulation and to introduce a draft for a well-directed regulation with respect to restrictions related to power of representation.
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Altay, Sıtkı Anlam. "Restriction on the Authority to Represent in Turkish Joint Stock Companies Law." European Journal of Social Sciences 2, no. 3 (August 25, 2019): 58. http://dx.doi.org/10.26417/ejss.v2i3.p58-66.
Full textAbstract:
Turkish Joint Stock Corporations Law is based upon Swiss Law. Turkish Commercial Code of 2012 reflects a pure reception of the rules regarding the representation of the company from Swiss Law. However in 2014, Turkish Law has confronted the enforcement of Art. 371/7 TCC, which enables restrictions on the representation authority in terms of the material and monetary scope of the transaction. This study aims to bring a critical view of this regulation and to introduce a draft for a well-directed regulation with respect to restrictions related to power of representation.
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Hincapie-Castillo, Juan M., Amie Goodin, Marie-Christin Possinger, Silken A. Usmani, and Scott Martin Vouri. "Changes in Opioid Use After Florida’s Restriction Law for Acute Pain Prescriptions." JAMA Network Open 3, no. 2 (February 28, 2020): e200234. http://dx.doi.org/10.1001/jamanetworkopen.2020.0234.
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Loveridge, Steven. "Law in War: Freedom and Restriction in Australia during the Great War." Australian Historical Studies 52, no. 2 (April 3, 2021): 308–9. http://dx.doi.org/10.1080/1031461x.2021.1907937.
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Friend, Mark. "REVERSE PATENT SETTLEMENTS AND EU COMPETITION LAW." Cambridge Law Journal 76, no. 01 (March 2017): 29–32. http://dx.doi.org/10.1017/s0008197317000216.
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THE judgment of the General Court in Case T-472/13, Lundbeck v Commission EU:T:2016:449 is the first decision of the CJEU on the application of EU competition law to reverse patent settlements. It confirms that Article 101 TFEU applies to agreements that restrict potential competition, and discusses the circumstances in which reverse patent settlements will amount to a restriction by object. However, the judgment provides little by way of practical guidance for those involved in negotiating patent settlements and leaves many questions unanswered.
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Tsareva, L. V. "Foreign Direct Investment Restrictions: Legal Aspects in the Context of Eurasian Integration." EURASIAN INTEGRATION: economics, law, politics 14, no. 1 (April 15, 2021): 44–54. http://dx.doi.org/10.22394/2073-2929-2021-01-44-54.
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The article outlines current trends in the legal regulation of foreign direct investment; analyzes the current approaches of EAEU member states to the restriction of foreign investment; systematizes the provisions of the Union law, which affect the adoption and application of national measures to restrict and control foreign direct investment; identifies the conceptual differences between EAEU law and EU law in regulating freedom of establishment. The aim of the research is to determine the degree of the EAEU law influence on the introduction by member states of restrictive measures against direct investment from member states. The author concludes that the legal framework for national measures to restrict FDI from member states is predetermined by the norms of the Union law on ensuring freedom of establishment as a form of investment, operated with individual and general exceptions, that allow to take the measures necessary to protect the national priority interests.