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Journal articles on the topic 'Restrictions on freedom of establishment'
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1
Zelmenis, Jānis. "Factors Affecting Modern Entrepreneurship and Tax Planning." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 3, no. 24 (2022): 62–77. http://dx.doi.org/10.25143/socr.24.2022.3.062-077.
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One of the guiding principles of the European Union is freedom of establishment. At the same time, due to the possibility of abuse of rights, restrictions are possible. The objective of the study is to analyse cases regarding state intervention in commercial activities of antreprenierus imposing restrictions on rights and freedoms, in order to prevent companies from abusing the principles of free establishment. The author provides justification and cases for imposing restrictions, in particular, if there is a suspicion that tax evasion, unlawful reduction of the taxable amount has taken place instead of lawful tax planning, based on which businesses are required to provide information on true beneficiaries of companies, the goals and nature of transactions, as well as discusses the acceptable depth of such restriction by regulation. Several research methods have been used in this study: historical method, analytical method and inductive method. Keywords: freedom of establishment, notion of economic substance, tax disputes, tax planning, tax evasion, anti-money laundering (AML), sanctions, legislation on “whistleblowers”
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Biłgorajski, Artur. "Ograniczenia wolności wypowiedzi z uwagi na przesłankę „ochrony zdrowia”. Kilka uwag inspirowanych pandemią SARS-CoV-2 w Rzeczypospolitej Polskiej." Przegląd Prawa Konstytucyjnego 67, no. 3 (2022): 53–64. http://dx.doi.org/10.15804/ppk.2022.03.04.
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There is no question that “health protection” is the premise for the establishment of constitutional restrictions on rights and freedoms. It has been so far the subject of legal science only exceptionally and occasionally; mainly in the context of restrictions on the freedom of economic activity. It was only the SARS-CoV-2 pandemic in the Republic of Poland that brought a wider interest in this category, referring it also to the limitations of another fundamental freedom – freedom of expression. Considering the above, the analysis of legal limitations on the freedom of expression, imposed on the basis of the premise of health protection, seems to be by all means justified and purposeful.
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van Bekkum, Jaron. "Cross-Border Investments in Undertakings and the Future of EU Company Law." European Business Law Review 25, Issue 6 (2014): 811–44. http://dx.doi.org/10.54648/eulr2014035.
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The golden share case law and other recent case law of the ECJ form a basis for the development of a rule of internal market law that all rules of general company law that may have as an effect that investors are prevented or deterred from making cross-border investments in undertakings restrict the freedom of establishment and the free movement of capital. Relevant rules that potentially restrict the freedom of establishment and the free movement of capital are, inter alia, rules that allow shareholders to include deviations from the principle of 'one share, one vote' in articles of association, such as multiple voting rights. Other potentially restricting rules are employee co-decision rules and shareholder liability rules. If certain of these rules are judged to restrict the fundamental freedoms, this would necessitate a fundamental reconsideration of the existing company laws of the Member States from the perspective of restrictions to cross-border investments.
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Kozieł, Grzegorz. "Podstawy konstytucyjnoprawne wyodrębnienia konstytucyjnej swobody podejmowania i prowadzenia działalności gospodarczej w Polsce oraz jej prywatnoprawne ograniczenia odnoszące się do treści i formy aktów założycielskich spółek handlowych." Acta Iuridica Resoviensia 39, no. 4 (2022): 150–61. http://dx.doi.org/10.15584/actaires.2022.4.10.
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The article presents the constitutional-law basis for distinguishing the constitutional freedom of establishment in Poland, as well as its private-law restrictions on the content and form of acts of formation of Polish commercial partnerships and companies operating under general rules of the Code of Commercial Partnerships and Companies. The above leads to the conclusion that freedom of establishment in Poland has a constitutional and legal basis in the form of Art. 20 (and Art. 22) of the Polish Constitution applied alone or in conjunction with the provisions of Art. 64 and 65 of the Constitution, and that the private-law restrictions on that freedom in the area of the content of the acts of formation of commercial partnerships and companies established in a traditional manner are mixed, in part absolute and in part relative, while being absolute in the area of the form of those acts. In the case of e-partnerships and e-companies, the restrictions are directly linked to their establishment over the Internet with the use of model contracts made available in the electronic system.
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Vossestein, Gert-Jan. "Exit restrictions on Freedom of Establishment after Marks & Spencer." European Business Organization Law Review 7, no. 4 (2006): 863–78. http://dx.doi.org/10.1017/s1566752906008639.
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Tushevska, Borka. "The Non - Discrimination Principle Through The Concept Of Establishment Of Companies In European Union." SEEU Review 11, no. 1 (2015): 111–22. http://dx.doi.org/10.1515/seeur-2015-0014.
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Abstract The non-discrimination principle is one of the essential principles in the area of European public and private law too. The importance of this principle also takes a great place in field of company law, especially in the area of “freedom of establishment of the companies” in the European Single Market (hereinafter ESM). Freedom of establishment of companies is closely related to the general concept of “free movement of people, capital, goods and services,” in ESM. In fact, freedom of establishment is a substantive part of the process of creation the internal market in EU. The freedom of establishment is based on the Treaty of the functioning of EU (hereinafter TFEU). According to article 49 from TFEU (previously article 43 et seq. EC Treaty), restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State shall be prohibited. This prohibition also applies to restrictions on setting-up of agencies, branches or subsidiaries by nationals of any Member State established in the territory of any Member State. In-depth exploration of this issue is conditioned by the interpretation of the Court of justice of European Union (hereinafter CJEU), which embodies the real legal regime of freedom of establishment. Freedom of establishment of companies is closely related to the principles of healthy and fair competition and equal access of the companies too. This article seeks to elaborate fundamental theoretical aspects of this issue, considering certain case - study analyze of CJEU judgements. The main focus is on the non-discrimination principle, legal effects of the CJEU judgments, free market and competitiveness, and finally, determination of the concept of primary and secondary establishment of companies in EU.
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Bortnyk, S. M. "Some Aspects of legal Regulation of restricting the Rights and Freedoms of Police Officers." Bulletin of Kharkiv National University of Internal Affairs 94, no. 3 (2021): 34–48. http://dx.doi.org/10.32631/v.2021.3.03.
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The problem of restricting labor rights and freedoms, which is an important area of research for both domestic and foreign scholars, has been studied. International and national legislation on the establishment of restrictions on police officers while being recruited and during their service has been analyzed.
 The author has carried out analysis of the norms of general and special legislation regulating the official activities of police officers, such as restricting the rights of police officers and establishing a ban on certain activities. The materials of judicial practice and scientific views of scholars on this issue have been studied.
 Based on the conducted analysis the author has offered to combine all prohibitions and restrictions into four blocks unequal in scope and nature of the impact on individual rights: a) prohibitions and restrictions of a political nature; b) prohibitions and restrictions of an economic nature; c) restrictions arising from the specifics of the police service and its special nature; d) prohibitions and restrictions in the field of mass media and freedom of speech.
 It has been clarified that the problem of legalization of restrictions on the rights and freedoms of police officers and a number of criteria that a police officer must meet has been properly regulated by international regulatory legal acts.
 The author has revealed some gaps in the legislation that limit the rights of a police officer during his service in the police. The problematic aspects of the legal consolidation of restrictions for police officers include their vague wording and ramifications in various legislative acts that is the basis for inconsistencies and legal misunderstandings. In this regard, all the criteria, restrictions and legal definitions to them, which are provided for the police officer, should be enshrined in a separate Section of the Law of Ukraine “On the National Police”.
 The author has suggested the ways to improve and amend the current legislation regulating the establishment of restrictions for police officers during their service. The implementation of international law into national legislation and the adoption of positive European experience should be more balanced and should take into account the specifics of national achievements.
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Bukhta, Yu. "Restrictions on the rights to liberty and security of person in the conditions of COVID -19." Uzhhorod National University Herald. Series: Law, no. 68 (March 24, 2022): 35–40. http://dx.doi.org/10.24144/2307-3322.2021.68.6.
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The article provides a comprehensive analysis of the theoretical provisions and legal basis for establishing restrictions on the rights to liberty and security of person in terms of preventing the spread of acute respiratory disease COVID-19 caused by the coronavirus SARS-CoV-2 in Ukraine.The study argues that the implementation of human rights restrictions in the context of preventing the spread of the COVID-19 pandemic should be based on criteria of quality of law, justification of purpose and public necessity.Based on the analysis of certain provisions of the current legislation, which establish restrictions on human rights during a pandemic, it was found that most often in a pandemic are a restriction of the right to respect for private life; the right to liberty and the right to security of person; the right to freedom of movement; the right to freedom of peaceful assembly; the right to freedom of religion; the right to access medical care and some others.The article analyzes the various restrictions on human rights to liberty and security of person in the context of the spread of the disease. Among them, considerable attention is paid to the study of the legality of compulsory hospitalization of patients to observers, the use of the service “Action. Home” in the context of interference in the privacy of a person and restricts his personal rights and freedoms; appropriate measures to prevent the spread of acute respiratory disease COVID-19 caused by SARS-CoV-2 coronavirus in pre-trial detention facilities and penitentiary institutions.It is proved that today the legislation of Ukraine does not develop a unified approach to the establishment and regulation of quarantine restrictions in the field of human rights. There are many cases of contradictions between the current legislation in this area and acts designed to establish certain restrictions on the exercise of their rights to liberty and security of person.
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Voloshyn, Yuriy, and Marina Holovatenko. "The role of state authorities in ensuring human rights during restrictions in the pandemic period: a comparative analysis of the experience of foreign countries." Slovo of the National School of Judges of Ukraine, no. 2(43) (November 7, 2023): 75–93. http://dx.doi.org/10.37566/2707-6849-2023-2(43)-5.
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The Covid-19 pandemic, which began in 2019, has become the main cause of global crises in modern history, causing serious concerns for the health and lives of people, as well as for the functioning of society. One of the most difficult aspects of fighting the pandemic has been finding a balance between protecting public health and preserving the rights and freedoms of citizens. This article examines the experience of foreign state authorities in implementing mechanisms for restricting human and citizen rights and freedoms during the pandemic and quarantine measures. Attempts to control the spread of Covid-19 have contributed to the introduction of various restrictions and quarantine measures in many countries around the world. However, these measures became the object of debate and criticism, after which they affected a number of basic rights and freedoms of citizens, such as the right to freedom of movement, the right to work, the right to education, freedom of information and others. One of the main conclusions that can be drawn from the experience of foreign countries is the importance of proportionality and limitation of restrictions introduced in connection with the pandemic. Many countries have tried to maintain a balance between restrictions and the rights of citizens, recognizing that such restrictions must be necessary, proportionate and limited in time and scope. Some countries have successfully implemented mechanisms for periodic review and analysis of restrictions to ensure their adequacy and necessity. An important aspect of the experience of foreign countries was attention to the protection of the basic rights and freedoms of citizens. Many countries took human rights into account when developing and implementing strategies to combat the pandemic. For example, the right to health care and the right to access information about the pandemic were recognized as key components of the fight against the crisis. Public participation also played an important role in the experience of foreign countries. Some countries involved non-governmental organizations and citizens in decision-making on restrictions, which contributed to greater legitimacy and respect for citizens' rights. In addition, the experience of foreign countries has shown the importance of developing strategies for exiting quarantine measures. The gradual relaxation of restrictions and the establishment of clear criteria for this were key to successful adaptation to the new reality. Key words: рandemic, state authorities, Covid-19, restrictions on the rights and freedoms of citizens, human rights, quarantine measures.
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Kotendzhy, E. "Comparative analysis of the problems of implementation of the freedom of speech in the temporarily occupied territories of Ukraine before and after their annexation by the Russian Federation." Uzhhorod National University Herald. Series: Law 1, no. 84 (2024): 163–70. http://dx.doi.org/10.24144/2307-3322.2024.84.1.24.
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The article analyzes the problem of implementing freedom of speech in the temporarily occupied territories of Ukraine, as well as compares the actual situation of observing the human right to freedom of speech before and after Russia’s annexation of four regions of Ukraine in 2022. During the study, cases of arbitrary restriction of this freedom by the occupation administration of the Russian Federation were characterized and the reasons for such restrictions were determined. The article emphasizes that the real purpose of establishing restrictions on freedom of speech and other human rights and freedoms by the aggressor state is to ensure the internal stability of the Russian authoritarian regime. In order to achieve this goal, the Russian political nomenclature resorts to the practice of underestimating or excluding the role of representative institutions, as well as canceling or significantly limiting the political rights and freedoms of residents of the territories controlled by Russia. The article states that due to the effective control of certain areas of Donetsk and Luhansk regions by the Russian Federation since 2014, the Russian establishment managed to spread its autocratic practices on the territory of the self-proclaimed «republics» even before their annexation. In order to realize this goal, the occupation administration created formal grounds that allowed it to significantly limit the rights of residents in the territories under its control, although arbitrary restrictions on human rights, in particular the right to freedom of thought and speech, to the free expression of views and beliefs, were observed in the territories of Donetsk and Luhansk regions from the first days of their transition under the control of Russian militants. As a result of conducting a comparative legal analysis of the real situation of freedom of speech in the occupied territories of Ukraine before and after their annexation by the Russian Federation, it was concluded that the annexation by Russia of four regions of Ukraine in 2022 made it more difficult for residents to exercise their right to freely express their views and beliefs. The deterioration of the situation with civil space and fundamental freedoms in the occupied regions of Ukraine is explained by the fact that, as a result of the violent and illegal temporary rejection of part of the territory of Ukraine, Russia extended the effect of its administrative-delict and criminal legislation to these territories, in particular the so-called «fakes laws», by which the Russian Federation introduced military censorship on its territory in March 2022. Compared to the territory of the Russian Federation, in the occupied Ukrainian regions the realization of human and citizen rights and freedoms is further complicated by the introduction of martial law by the Russian occupation administration, which gave Russia a formal opportunity to continue arbitrarily restricting a number of rights and freedoms in the aforementioned territories. Taking into account these and other arguments presented in the article, the conclusions were reached that improving the situation of freedom of speech in the respective regions is possible only in the case of restoration of Ukrainian sovereignty over the temporarily occupied territories and the prevention of any form of interference of the Russian authoritarian regime in the public and political life of Ukraine.
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Благов, Евгений Владимирович. "НАКАЗАНИЕ БЕЗ НАЗНАЧЕНИЯ И СКРЫТЫЕ ФОРМЫ НАКАЗАНИЯ В УГОЛОВНОМ ПРАВЕ РОССИИ". Азиатско-Тихоокеанский регион: экономика, политика, право, № 4 (27 грудня 2023): 98–113. http://dx.doi.org/10.24866/1813-3274/2023-4/98-113.
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Criminal law gives the impression that punishment is an appointed measure, and besides, it is stated exhaustively. However, deeper analysis leads to the conclusion that punishment can be without appointment, and there are also hidden forms of punishment. Without the appointment of punishment, the unserved punishment is replaced by a more severe and lenient type of it. According to the level of deprivation or restriction of the rights and freedoms of a person, in essence, punishments are a judicial fine, monetary penalties, duties imposed on a probationer and a parolee, restriction of leisure and the establishment of special requirements for the behavior of a minor, his/her placement in a special educational institution of a closed type. The first two correspond to punishment in the form of a fine, the last one to imprisonment, the rest to restrictions of freedom. All this is not logical and requires elimination or transformation.
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Deshko, L., and О. Vasylchenko. "Limitation of human and citizen rights and freedoms and the role of the Supreme Council of Justice in ensuring independent justice and everyone’s right to protection of rights and freedoms by an independent court." Uzhhorod National University Herald. Series: Law 2, no. 79 (2023): 438–42. http://dx.doi.org/10.24144/2307-3322.2023.79.2.69.
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The article emphasizes the change of the paradigm of the constitutional-legal mechanism of limiting the rights and freedoms of a person and citizen, as well as increasing the role of the Supreme Council of Justice in ensuring independent justice. It is emphasized that it is necessary to distinguish between the concepts of “restriction of rights and freedoms” and “fixation of the boundaries of the very essence of rights and freedoms”. Attention is drawn to negative human rights and the fact that they involve negative obligations of the state and its agents to refrain from any actions aimed at their violation or illegal restriction. It is characterized by the restriction of those rights and freedoms of a person and a citizen, which are most often restricted in the member states of the Council of Europe: the right to freedom and personal integrity, the right to private life, freedom of thought and conscience. The implementation of the prescription of Part 2 of Art. 35 of the Constitution of Ukraine, which defines the framework of restrictions on the human right to freedom of outlook and religion, through the Criminal Code of Ukraine.
 Attention is drawn to the fact that the state’s establishment of a number of legal norms that nullify a number of human and citizen rights and freedoms is a violation of human rights and fundamental freedoms guaranteed by the Convention on the Protection of Human Rights and Fundamental Freedoms. It is noted that an effective judicial procedure significantly increases the level of their protection (rights and freedoms), as it contains a number of guarantees against their arbitrary restriction, contributes to the rendering of a legal and well-founded decision.
 The article also draws attention to the legal status of the High Council of Justice. The issue of independent justice, the right of everyone to protection of rights and freedoms by an independent court is raised. The role of the High Council of Justice in ensuring independent justice and everyone’s right to effective judicial protection is defined.
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Powell, Fernando Méndez. "Bans and Restrictions on Religious Broadcasting: A Review of the Arguments and Counter-Arguments." Religion & Human Rights 13, no. 2 (2018): 213–43. http://dx.doi.org/10.1163/18710328-13011162.
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Abstract The ownership of broadcast stations by religious groups, the establishment of broadcast stations exclusively devoted to religious content and the inclusion of content of a religious nature within the programming of regular commercial, public or community stations are all practices that are common throughout the world. However, several countries have implemented bans or restrictions on the dissemination of religious content through broadcasting or the ownership of broadcast stations by religious groups. The present article aims to assess whether such bans and restrictions are compatible with the rights to freedom of religion and freedom of expression as recognized under international human rights law. For these purposes, the most common arguments in favour and against restrictions on religious broadcasting are explained and weighed against each other.
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Falalieieva, Liudmyla, and Bohdan Strilets. "Capital Movement Restrictions in EU Law: Retrospective and Modern Approaches, Development Trends." European Studies 10, no. 1 (2023): 53–86. http://dx.doi.org/10.2478/eustu-2023-0003.
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Summary This article addresses the issue of establishing the legal framework for freedom of capital movement in the EU, as well as the peculiarities of the current legal regulation of freedom of capital movement between EU Member States, as well as between them and third countries. Authors examine the issues of correlation between freedom of establishment and freedom of capital movement. The restrictions on capital movement between EU Member States and between them and third countries are characterized. The case law of Court of Justice of the European Union on key issues in this area is analysed. The main trends of capital flow restrictions at the present stage are outlined, such as those emerged amidst new realities, including the armed aggression of the Russian Federation against Ukraine, and its impact on the processes of capital flow liberalization in the EU.
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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 (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.
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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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Strilets, Bohdan. "Correlation between freedom of capital movement and freedom of establishment in European Union law." Yearly journal of scientific articles “Pravova derzhava”, no. 34 (August 1, 2023): 627–37. http://dx.doi.org/10.33663/1563-3349-2023-34-627-637.
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The study highlights the correlation between freedom of movement of capital and freedom of establishment in the law of the European Union, taking into the account modern case law of the Court of Justice of the European Union (CJEU). The author analyses the case law of the CJEU in the context of determining the scope of application of freedom of movement of capital and freedom of establishment in certaincases, including decisions made in 2021 and 2022. The author identifies the factorswhich are taken into account by the CJEU when determining whether to give preference to the application of a particular freedom. The author also highlights the approaches which have developed in the international and European law science to address thisissue. The author establishes that, based on the analysed case law, the CJEU assesses the main purpose, objective and impact of a national measure on the exercise of freedom of movement of capital and/or freedom of establishment. The Court may favour one freedom over the other based on these factors or consider both freedoms equally when assessing the compatibility of the measure with EU law. It often turns out that restrictive national tax measures may violate one or both of these fundamental freedoms of the EU’s internal market.The author concludes that guided exclusively by the provisions of the EU founding treaties on freedom of movement of capital (Article 63 TFEU) and freedom of establishment (Article 49 TFEU), it is often impossible to establish for certain which freedom will be applied to a particular economic activity of individuals and legalentities. In accordance with the case law of the CJEU, when deciding on the applicationof a particular freedom, in particular, the following factors should be taken into account: the presence of a “definite influence” of an owner of capital share (investor);the type of restriction on the freedoms of the EU internal market imposed by the EUMember State on the activities of entities engaged in economic activity. However, according to the author, there appears to be a lack of consistency indetermining the application of the freedom of movement of capital and/or freedom of establishment, which may be eliminated with the adoption of more judgments by the CJEU in the future and their further scientifi c understanding Key words: EU law, international economic law, international treaties, freemovement of capital, freedom of establishment, investment, company law, Court of Justice of the European Union, European integration.
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Awwad, Ahmed Mohammed. "Contractual Freedom and Restrictions Included Therein in The Saudi Civil Transactions Law." International Journal of Religion 5, no. 5 (2024): 210–22. http://dx.doi.org/10.61707/jd3dat94.
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The Saudi Civil Transactions Law-2023 (SCT Law-2023) was issued with the aim of expanding contractual freedom in a manner that keeps pace with the evolution witnessed by the Kingdom of Saudi Arabia (KSA) in all fields and the required flexibility in concluding contracts. The article aims to assess the status of the SCT Law-2023 on the issue of contractual freedom, by representing its manifestations and restrictions contained therein, by relying on the descriptive and analytical methodologies of the law provisions, and addressing the concept of contractual freedom in comparative law and Islamic Fiqh, where it is concluded that the SCT Law-2023 has a moderate status of the autonomy of the will principle. The main point is that the person’s freedom is to contract or not, the freedom to express his will and the obligation or liability to implement the contract. On the other hand, it does not let the will dictate so it is dominated by the establishment of legal relations, and determine their effects without regard to public interest. This means that the guarantee of contractual freedom does not imply immunity from restrictions required by public interests and stability of dealings.
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Eskildsen, Casper Bjerregaard. "VAT Grouping versus Freedom of Establishment." EC Tax Review 20, Issue 3 (2011): 114–20. http://dx.doi.org/10.54648/ecta2011013.
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According to Article 11 of the EC VAT Directive, Member States may regard as a single taxable person any persons established in the territory of that Member State who, while legally independent, are closely bound to one another by financial, economic, and organizational links. This provision requires that the undertakings in question are established in the same Member State, for which reason it is not possible to form a cross-border VAT group. In the doctrine, it has been argued that this territorial restriction is in breach of the rules on freedom of establishment in the Treaty on the Functioning of the European Union (TFEU). In the present article, this issue will be analysed further.
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Mariański, Michał. "Freedom of establishment and freedom of capital movement as a limitation to excessive regulation of the financial market." PRAWO i WIĘŹ, no. 2 (May 24, 2024): 27–43. https://doi.org/10.36128/priw.vi49.845.
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The purpose of this article is to analyse the interconnection between the regulation of the financial market and the principles of freedom of establishment and freedom of capital movement. Namely the author would like to verify, if the above mentioned principles have the potential to limit the EU legislator in the way that he is trying to regulate the financial sector. This question is fairly important, as protectionist phenomena are increasingly visible in the EU especially in times of crises like pandemic or war in Ukraine. The existence of freedom of establishment and freedom of capital movement have without any doubts positive impact on the development of internal market as it protects cross-border investors from excessive national regulation. But that author would like to underline that on the other hand, it constitutes quite a regulatory challenge for the legislator who wants to introduce certain restrictions or certain higher level of supervision on the financial market. As a consequence, it can be stated that the freedoms that characterize the EU internal market are an additional reason for the existence of the so-called incomplete law on the financial markets, because this specific sector cannot be fully regulated both at national and supranational level. In this context, this article may be an impulse to initiate a discussion on the reactivity of the national and European legislator in times of financial crises and on the effectiveness of financial market regulation.
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Gorodovenko, Viktor. "Judge’s Right to Freely Express Own Views in the Context of Establishing the Authority of the Judicial Power in Society." Slovo of the National School of Judges of Ukraine, no. 1(42) (September 4, 2023): 6–21. http://dx.doi.org/10.37566/2707-6849-2023-1(42)-1.
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The author of the article has studied peculiarities of exercising the right to freely express own views by a judge in the context of establishing the authority of the judicial power in society, taking into account the provisions set forth in the Consultative Council of European Judges Opinion No. 25 dated from December 2, 2022 on the freedom of expression of judges. It has been determined that the right to free expression of own views is the right of a person to freely, without any influence, express own thoughts, judgments, beliefs in any form, which are formed on the basis of established knowledge, ideas, outlook and worldview about certain objects, phenomena, facts, etc., to assess them, in particular, to give support, criticism, characteristics. It has been established that the Consultative Council of European Judges adheres to a broad view of the personal scope of the right to freedom of expression of judges as an individual right, noting that the institutional and state nature of the judge’s position gives an ambivalent nature to the freedom of expression of a judge. It has been argued that the ambivalent nature of the freedom of expression of a judge means the simultaneous coexistence of judge’s conflicting opinions, assessments, etc., as well as the obligation to find the necessary balance between private interests and the interests of society in ensuring the authority of the judicial power. The ambivalent nature of the freedom of expression of a judge determines the establishment of additional restrictions on exercising the right to freely express own views, in addition to the general restrictions established by the Constitution of Ukraine, the Convention on the Protection of Human Rights and Fundamental Freedoms and the International Covenant on Civil and Political Rights. The CJEU Opinion No. 25 (2022) on the freedom of expression of judges singles out the restrictions of freedom of expression of views / controversial cases in regard to statements related to litigation; statements regarding public debates; statements regarding matters of interest to the judicial power as an institution; public criticism of the judicial power / colleagues of judges; current political mandate / former political mandate. It has been proved that the main criteria for imposing a legitimate restriction on the right to freedom of expression of views are rule of law and necessity in a democratic society. Such approaches are used by the European Court of Human Rights when hearing cases om violation of a judge’s right to free expression of own views, including in the context of a judge’s public criticism of legislative reforms related to the judicial power, or information on issues related to the judicial power, or criticism of judges who are colleagues. Key words: judge’s right to freely express own views, judicial power, authority of the judicial power, restrictions of the constitutional right, ambivalent nature of the freedom to express own views by a judge, judicial ethics.
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الميداني, محمد أمين, and هەلاله محمدأمين. "The Legal Framework for Protecting Freedom of Opinion and Expression (The Case of Iraq as a Model)." Journal for Political and Security Studies 4, no. 7 (2021): 107–44. http://dx.doi.org/10.31271/jopss.10048.
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Despite the existence of international and regional instruments, and national legislation, devoted to organizing and protecting freedom of opinion and expression, they witness many violations and restrictions on their practice. This is after internal developments in many countries revealed the deterioration of political, economic, social and cultural conditions, which constitutes a major topic for studies in both international human rights law and national law, in order to address these violations and set rules and controls that guarantee the preservation of freedom of opinion and expression within its legitimate framework, without exceeding it to harm others or society. Iraq constitutes a prominent case for study in this regard, with regard to the protection of freedom of opinion and expression in Iraq since the establishment of the Iraqi state until today, as the paradigm shift that the Iraqi political system has witnessed since 2003 has contributed to the consecration of many rights and freedoms, including freedom of opinion and expression, which is the starting point for the rest of the freedoms and one of the mainstays of building an edifice Democracy. For the purpose of studying this topic, it has been distributed on two axes: The first axis deals with the concept of freedom of opinion and expression and its protection at the international and regional levels. The second axis is devoted to freedom of opinion and expression in Iraqi legislation.
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Bernaziuk, Ya. "Protection of general (public) interest as a criterion for restriction of constitutional rights and personal freedoms." Uzhhorod National University Herald. Series: Law, no. 68 (March 24, 2022): 124–30. http://dx.doi.org/10.24144/2307-3322.2021.68.20.
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The article is devoted to the study of the protection of general (public) interest as a criterion for restricting the constitutional rights and freedoms of the individual. It is substantiated that the presence of general (public) interest in accordance with the legislation of Ukraine may be grounds for: restriction of property rights, other constitutional rights, in particular, the right to access public information, the right to freedom of association in political parties and public organizations, peacefully, without weapons and to hold meetings, rallies, marches and demonstrations, the right to strike; in administrative proceedings - to resolve the issue of consideration of the case in the general
 claim proceedings, the possibility of cassation (third) review of the case, determining the amount of costs for legal assistance and the distribution of court costs.
 The author argues that the issue of protection of general (public) interest is closely related to such an important issue as trust in the judiciary. It is proved that the special vocation of administrative courts is that they are responsible for resolving the extremely difficult issues of finding a fair balance between general (public) and private interests, using the procedural mechanisms enshrined in the CAS of Ukraine.
 An analysis of the decisions of the Constitutional Court of Ukraine, based on which the components of the rule of law, which must be provided by the state and its bodies during: the establishment of legal restrictions on the exercise of constitutional rights and freedoms of man and citizen; regulation of public relations in the social sphere; redistribution of public expenditures and public income; establishing restrictions on the right to appeal and cassation appeal against a decision of a court of general jurisdiction.
 On the basis of the conducted research it was offered to supplement Art. Art. 56 and 65 of the Constitution of Ukraine in order to unify the approach to determining the grounds for restriction in exceptional cases of constitutional rights and freedoms of the individual.
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Stanin, Manol. "Rights within Obligations and Responsibilities." International conference KNOWLEDGE-BASED ORGANIZATION 22, no. 2 (2016): 374–78. http://dx.doi.org/10.1515/kbo-2016-0064.
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Abstract The autonomous legal sphere, within which the legal measure of freedom in legal reality is manifested, has fixed borders. In this sense, the behavior, through which a right is realized, should be compliant with them. The borders are “created” by restrictions. Limiting the parameters of this behavior, and hence of freedom, is possible through the establishment of obligations. For some of these rights limits are constant, for others - they are subject to a change under certain circumstances, such as a war or another emergency circumstance, which is threatening the life of the nation.
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Tuszynski, Meg Patrick, and Dean Stansel. "Targeted state economic development incentives and entrepreneurship." Journal of Entrepreneurship and Public Policy 7, no. 3 (2018): 235–47. http://dx.doi.org/10.1108/jepp-d-18-00033.
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Purpose The purpose of this paper is to examine the relationship between state economic development incentives programs and entrepreneurial activity. Design/methodology/approach The authors use panel data and a fixed-effects model to examine the determinants of five measures of entrepreneurial activity. To measure state economic development incentives programs, they use a new and substantially improved data set from Bartik (2017). They also include a measure for economic freedom, the Fraser Institute’s Economic Freedom of North America index. Findings The authors find a robustly negative relationship between development incentives and patent activity. They find some evidence that incentives are negatively associated with small business establishments (<10 employees) as a percentage of total establishments but positively associated with the large business establishment (>500 employees) share. They also find evidence of a positive relationship between economic freedom and both patent activity and net business formation. Research limitations/implications The results imply that economic development incentive programs are unlikely to increase entrepreneurial activity and may decrease it. They also imply increased economic freedom (lower taxes, lower spending, and lower governmental restrictions on labor markets) may increase entrepreneurial activity. Originality/value To the authors’ knowledge, this paper provides the first examination of the relationship between development incentives and entrepreneurial activity that utilizes Bartik (2017), a new vastly improved data set of state economic development incentive programs. The paper also contributes to the literature on the relationship between economic freedom and entrepreneurial activity.
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Самбор, М. А. "The Practice of Introducing Restrictions on the Right to Freedom of Peaceful Assembly within Administrative Proceedings and the Place of the Judicial Branch of Power in Determining the Admissibility of Such Restrictions." Bulletin of Kharkiv National University of Internal Affairs 90, no. 3 (2020): 162–76. http://dx.doi.org/10.32631/v.2020.3.17.
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The author has researched the practice of the executive branch of power of Ukraine in establishing a collective (general) ban and restriction of the right to freedom of peaceful assembly under quarantine, as well as the place and role of the judicial branch of power represented by the Supreme Court and the Constitutional Court of Ukraine in determining the constitutionality of such restrictions and prohibitions.
 The powers of the Supreme Court on the constitutional submission to the Constitutional Court of Ukraine on the constitutionality of the Resolution of the Cabinet of Ministers of Ukraine “On quarantine to prevent the spread of acute respiratory disease COVID-19 caused by coronavirus SARS-CoV-2 and stages of weakening of anti-epidemic measures” dated from May 20, 2020 No. 392 on the establishment of a ban on the exercise of the right to freedom of peaceful assembly within administrative proceedings during the introduction of quarantine in Ukraine, as well as the justification of such a constitutional submission.
 It is important to analyze and form a legal understanding of the Decision of the Constitutional Court of Ukraine on the unconstitutionality of restricting and prohibiting the exercise of the right to freedom of peaceful assembly during quarantine within administrative proceedings – by adopting the relevant resolution by the Cabinet of Ministers of Ukraine, which was the result of administrative discretion of the highest agency in the system of executive agencies of Ukraine. In this regard, the study focuses on the motivation and validity of the decision of the agency of constitutional jurisdiction and understanding of those legal and social values that were the basis for the judges of the Constitutional Court of Ukraine while adopting the decision dated from August 28, 2020 No 10-r/2020.
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Bruzelius, Anette, and Sture Bergström. "Home-State Restrictions on the Freedom of Establishment in a Swedish Income Tax Law Perspective." Intertax 29, Issue 6/7 (2001): 233–41. http://dx.doi.org/10.54648/312144.
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Ginszt, Jakub. "Restrictions on Sports Economic Activities Related to Counteracting COVID-19 – a Few Comments Regarding the Regulation of the Council of Ministers of 21 December 2020." Przegląd Prawa Administracyjnego 3 (September 5, 2021): 67–82. http://dx.doi.org/10.17951/ppa.2020.3.67-82.
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The COVID-19 pandemic has forced the public authorities to undertake numerous actions to counteract the spread of the SARS-CoV-2 virus. Protection of life and health has required the introduction of legally effective mechanisms that interfered with constitutional freedoms, including the freedom of economic activity. Restrictions and bans aimed at combating the epidemic were introduced in 2020 in the form of regulations issued on the basis of the Act of 5 December 2008 on preventing and combating infections and infectious diseases in humans, amended for the purposes of combating COVID-19. Its provisions gave the Council of Ministers the power to introduce temporary restrictions in carrying out specific scopes of economic activity. The frequently changed wording of the regulations resulted in interpretation difficulties in determining the scope of the restrictions. Justified doubts have been raised concerning the provisions of the Regulation of the Council of Ministers of 21 December 2020 on the establishment of certain restrictions, orders and bans in connection with the occurrence of an epidemic, relating to sports economic activities. The scope of the legal provisions differs significantly from the communications of the representatives of the Council of Ministers. The purpose of this article is to establish the actual scope of the restrictions on the conduct of sports facilities, established at the end of 2020.
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Deák, Izabella. "Authoritarianism and civil society: Legal restrictions on Human Rights CSOs." Intersections 10, no. 2 (2024): 151–70. http://dx.doi.org/10.17356/ieejsp.v10i2.1313.
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New types of authoritarian regimes attempt to create the illusion of democracy. They therefore seek to restrict the establishment and activities of CSOs not through outright bans, but through the adoption of laws and regulations designed to systematically and methodically impede the operation of human rights CSOs. This paper, based on empirical research, classifies and analyses the registration and re-registration procedures that restrict the freedom of association of human rights CSOs, as well as the legislation that imposes registration or re-registration requirements on organisations designated as “foreign agents.” Additionally, it assesses the proportion in which democratic and authoritarian regimes use these restrictive mechanisms. The results show that the restrictions examined are predominantly used in authoritarian regimes.
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Sporczyk-Popielarczyk, Anna. "Freedom of Establishment of Pharmacies in the Case Law of the Court of Justice of the European Union." Kwartalnik Prawa Międzynarodowego I, no. I (2022): 107–27. http://dx.doi.org/10.5604/01.3001.0015.9882.
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The objective of the European Union’s healthcare policy is to protect and improve the health of people at a European level. At the same time, actions taken by European bodies are merely complementary to national health policies. This means that the concepts of national health systems, including access to the pharmacy business, lie within the scope of powers of individual member states. Legal regulations governing the operation of pharmacies are not harmonised and, hence, national systems are not homogeneous. Currently, national pharmacy business models vary from one EU member state to another, depending on adopted legal solutions as well as political and economic context in which pharmacies operate. The problem which thus arises is whether the legal regulations that impose certain restrictions on the pharmacy business can be deemed violating the freedom of establishment in the European Union. An analysis of the Court of Justice’s jurisprudence leads to a position that the EU law does not stand in the way of national regulations that make the right to operate a pharmacy conditional on the possession of pharmaceutical education, if certain conditions are met. In the light of the Court’s line of jurisprudence, restrictions on the freedom of establishment should be applied without discrimination on grounds of nationality, and should be justified by overriding reasons of general interest, should be suitable to achieve legitimate objectives and should not go beyond what is necessary for the achievement of these objectives. Furthermore, the protection of public health and the duty to provide the population with a steady supply of medical products of proper quality seem to outweigh the freedom to conduct business under the treaties
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Kobaidze, Shorena. "The situation of freedom of religion and belief in the South Caucasus." Religious Freedom 2, no. 19 (2016): 98–101. http://dx.doi.org/10.32420/rs.2016.19.2.899.
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Attitude towards freedom of religion and belief, tolerance and the concept of multiculturalism, as well as generally towards the protection of the rights of national, ethnic and religious minorities, remains extremely difficult in the South Caucasus region. Despite the declared strong tradition of public religious tolerance, the attitude of government agencies and institutions to religious freedom has worsened in both Azerbaijan and Georgia over the past few years. If in Azerbaijan the authorities in recent years continued to impose fines for violating the repressive law on religion of 2009, adopting new restrictions and further aggravating the general atmosphere, in Georgia since the establishment of the new state agency on religions in 2014, there are no effective mechanisms for resolving minority issues have not been taken.
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Uvarov, A. A. "Proportionality of Restrictions on Socio-Economic Rights and Freedoms of Citizens." Actual Problems of Russian Law 17, no. 4 (2022): 25–36. http://dx.doi.org/10.17803/1994-1471.2022.137.4.025-036.
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The area of socio-economic relations is the most popular in the life of citizens. Thus, a person perceives every restriction of his socio-economic rights in a more sensitive way. The restriction itself, in the positive meaning of this term, is a consequence of the collision of different principles and values when it is necessary to solve any state tasks and issues of public administration. Restrictions exist both in law enforcement and law-making, while the problems of restrictions in lawmaking have become especially relevant in connection with the activities of the Constitutional Court of the Russian Federation and the European Court of Human Rights. Proportionality of restrictions on human rights and freedoms forms the most serious problem. The paper analyzes the practice of the Constitutional Court in assessing the proportionality of legislative restrictions on socio-economic rights and freedoms of citizens. Attention is drawn to the fact that not all aspects of these restrictions can be assessed by the Constitutional Court in terms of their compliance with the Constitution of the Russian Federation. Thus, as a legislative discretion, the court recognizes the establishment of quantitative criteria or economic indicators that are not correlated with the relevant constitutional provisions. In this case, the Constitutional Court and the European Court of Human Rights can only offer abstract tools that is advisable for the legislator to be guided in its lawmaking. The author concludes that the socio-economic sphere regulation should be based on the people’s trust in professional managers, which does not prevent them from exercising control over them and changing their team in case of insufficient realization of their socio-economic interests.
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Mendzhul, Mariya. "Measures to counter the COVID-19 pandemic and the permissibility of human rights restrictions." Constitutional and legal academic studies, no. 1 (October 11, 2021): 26–34. http://dx.doi.org/10.24144/2663-5399.2021.1.03.
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Following the declaration of a pandemic caused by the SARS-CoV-2 virus, the EU and Ukraine have taken various measures to prevent infection and protect the health of citizens, including: mandatory obervation (most countries); introduction of the rules of responsibitity for violation of quarantine restrictions (usually administrative, but criminal liability is also possible); closure of educational and entertainment facilities, as well as public catering establishments (remote operation of educational facilities is allowed, as well as operation of public catering establishments with food delivery); obligation to wear masks; prohibition of movement of groups of persons; maximum transfer of employees to remote work; ban on operation of most companies (introduced by Italy and Spain); closing borders; curfew (introduced in Italy, Spain and Georgia); self-isolation of persons belonging to risk groups. Ukraine has implemented all these measures, except for curfew and closure of all enterprises.
 Implemented measures in most countries have restricted: freedom of movement and peaceful assembly of citizens; the right to private and family life; protection of personal data; freedom of religion (most European countries and Ukraine have banned services and other religious ceremonies with gatherings); the right to medical care (in many countries, citizens have limited access to non-life-saving medical services, including dental, preventive medical services, non-urgent operations, etc.) and others.
 In the context of the fight against the COVID-19 pandemic, states relied on various types of measures, which allowed us to distinguish three models: "hard" model (USA and most European countries and Ukraine); the "minimum intervention" model (introduced in South Korea); the "maximum public awareness" model (in Sweden). The question of the proportionality of measures taken by the state to counter the COVID-19 pandemic may be considered by the ECtHR regardless of whether the state has made a declaration of derogation, and the establishment of a violation of a particular right will depend on the specific situation in the country, scope and length of applied measures, as well as their feasibility and effectiveness.
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Klyuchnikov, A. Yu. "On Sex Offender Registry." Lex Russica 73, no. 3 (2020): 140–50. http://dx.doi.org/10.17803/1729-5920.2020.160.3.140-150.
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The paper examines the experience of the United States of America in recording and classifying convicted sexual offenders. The Federal register is a comprehensive criminal and administrative law tool for crime prevention. It has its origins in similar state registers. The author examines the principles of maintaining the register, the grounds for inclusion in the register and exclusion from it, the volume of data to be published, the frequency of data updates, and conducts a criminological characterization of the Institute. The paper analyzes the case law of the Supreme courts of the United States regarding the constitutionality of the rules and principles that form the institution of the registry, their retroactive application, and compliance with procedural and material guarantees of a fair trial. The author concludes that it is possible to introduce a similar Federal register in Russia, but taking into account the shortcomings identified in the study. Currently, the efforts of the legislator in this part are obvious (increasing criminal responsibility for violent sexual crimes with the establishment of restrictions on freedom, the emergence of new tools of "deterrence" in the hands of law enforcement agencies, such as administrative supervision). However, the measures are not comprehensive, often overlap, and do not achieve the stated goal (execution of restrictions under administrative supervision after serving the restriction of freedom). The author believes that it can be an independent institution, implemented from the stage of execution of the sentence, accessible to law enforcement agencies and victims, and in cases provided for by law — for social and educational institutions, guardianship authorities, family and child protection.
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Lohvinova, M. V. "Classification of restrictions on the exercise of subjective family rights." Uzhhorod National University Herald. Series: Law 1, no. 81 (2024): 200–207. http://dx.doi.org/10.24144/2307-3322.2024.81.1.31.
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One of the traditional ways of cognition of any phenomenon is its classification, which is a logical process of division into certain types according to specific criteria. The classification makes it possible to form the basis for a special study of the implementation of restrictions on the exercise of subjective family rights. The classification of restrictions to family rights in the works of family law specialists is studied rather fragmentarily, since until recently this topic has not attracted attention of scholars. Instead, in the author’s opinion, classification as a special method makes it possible to reveal the concept of restrictions on subjective family rights; to identify the correlation between the categories «limits of family law» and «restrictions on the exercise of family rights»; and to consider «encumbrance of family rights» as a separate type of individual restrictions on the exercise of subjective rights which are imposed on family rights of a property nature.
 The classification of restrictions on the exercise of family rights may be made according to various criteria. However, the article focuses on the criterion of «grounds for establishment», since it can be used to determine the essence and features of the types of such restrictions. The author distinguishes and characterizes such types of restrictions on the exercise of family rights as normative (legislative) and individual ones.In turn, each of the studied types of restrictions on the exercise of family rights is also not homogeneous and includes certain subtypes. In particular, the normative restrictions on the exercise of family rights are grouped by their scope into general normative limits determined by the basic principles of exercise of subjective family rights; general normative limits on the exercise of subjective family rights determined by the general provisions of family law and relating to the exercise of any family rights; special normative limits on the exercise of subjective family rights determined by special provisions of family law and relating to the exercise of certain types of family rights.In turn, individual restrictions on the exercise of subjective family rights, due to the detailed criterion of the grounds for their establishment, are divided into those established by family agreements and those established by individual legal acts (court decisions, acts of guardianship and custody authorities, etc.). By applying the classification method, the author states that the establishment of restrictions on a certain subjective family right should be viewed as a narrowing of the freedom of behavior of a person vested with the relevant right.
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Abdul Hadi, Khairul Anuar, Rohana Abdul Rahman, and Zainal Amin Ayub. "FREEDOM OF INFORMATION IN MALAYSIA: INTERNATIONAL LEGAL INSTRUMENTS AND RESTRICTIONS UNDER NATIONAL LAW." UUM Journal of Legal Studies 15, no. 1 (2024): 221–47. http://dx.doi.org/10.32890/uumjls2024.15.1.10.
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The acceptance of Freedom of Information (FOI) as a fundamental mechanism for enhancing accountability and transparency in the public sector is widely recognized. Numerous international legal instruments (Conventions) have advocated for the establishment and enforcement of legal frameworks pertaining to the FOI. The FOI legislation serves two essential functions, namely enhancing democratic engagement and mitigating corruption within the public sphere. Despite the acceptability of FOI on the global stage, Malaysia lacks a comprehensive legal framework to address the right to access information, except for Selangor and Penang. Additionally, there are various national legislations that hinder the exercise of FOI. This article’s objective is to examine the use of the FOI concept within the framework of international legal instruments as well as the challenges posed by Malaysian national laws that impose limitations on its implementation. The objective is achieved by employing a doctrinal methodology that incorporates international legal instruments as well as Malaysia’s legislations (Constitution, Acts and Enactments) pertaining to the FOI. The findings show the restrictions under national law make it difficult to implement FOI legal regimes in Malaysia. This paper argues that implementing FOI can only be materialized through a comprehensive review of existing laws and administrative structure reform by adapting universal standards on FOI as stated under international legal instruments. This article serves as guidelines for policymakers intending to address FOI as the anti-corruption mechanism in public sectors. Moreover, recommendations are made for the implementation of FOI into Malaysia’s domestic laws.
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GUZEEVA, OLGA. "CRIME AS A VIOLATION OF HUMAN RIGHTS." Sociopolitical sciences 10, no. 4 (2020): 65–69. http://dx.doi.org/10.33693/2223-0092-2020-10-4-65-69.
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Relevance of the research. The close substantive and functional connection between human rights and a crime forms a complex research subject, though its study is not given sufficient attention in the domestic literature. On the one hand, the concept of human rights violations includes acts that are not always criminalized, on the other hand, not all crimes can be regarded as violations of human rights. Meanwhile, the criminal law is recognized as a universal instrument of protecting human rights, and therefore it must take into account these features of offenses in the mechanism of its functioning. Purpose of the research. The relevant task of this publication is to define a differentiated analysis of the mechanism for the formation of a criminal-legal prohibition on committing dangerous acts, depending on whether they infringe or not infringe on the fundamental rights and freedoms of citizens. Research results. Acts that infringe on fundamental human rights and freedoms are subject to mandatory criminalization. The unlawfulness of such acts is determined precisely by the fact that they violate the general constitutional provisions on the inadmissibility of encroachments on fundamental rights and freedoms. Acts that do not infringe on fundamental human rights and freedoms can be criminalized in accordance with the discretion of the legislator. The establishment of a criminal law prohibition in this case is preliminarily mediated by the construction of sectoral legal restrictions for the relations protected by the criminal law. Such sectoral legal restrictions are subject to the requirements of Part 3 of Art. 55 of the Constitution of the Russian Federation and can be expressed in two of their main forms: either as a complete prohibition of a certain right (freedom), or as a decrease in the options for possible, permissible behavior by establishing various limits of such behavior by state authorities. A differentiated analysis of the mechanism of criminalization of acts, depending on their correlation with violation of human rights, proves that the criminal law itself, formally confirming in the dispositional part, the restriction of the rights of law-abiding citizens, in reality does not restrict them, since the grounds for such a restriction lie outside the criminal law.
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Crivoi, Alexia. "EU FDI Screening – Level Up in Multilevel Governance?" Zeitschrift für europarechtliche Studien 27, no. 2 (2024): 241–61. http://dx.doi.org/10.5771/1435-439x-2024-2-241.
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The current Union framework for the screening of foreign direct investment is about to be renewed. In January 2024, the Commission presented a proposal for a new Regulation that is supposed to bring about more convergence in the currently strongly fragmented national legislation landscape. The Proposal obliges Member States to introduce national screening mechanisms and tries to harmonise those by prescribing a minimum scope of application and a number of screening factors. The article gives an overview of the changes and tries to analyse in how far they can contribute to a more enhanced, effective screening exercise across the Union. In addition, the Proposal raises questions as to its conformity with primary law, in particular with regard to its appropriate legal basis and its relation to the free movement rules. By expanding FDI screening also to certain types of foreign-held intra-EU investment, a dichotomy between FDI screening and the freedom of establishment is created. The article thus tries to analyse how the Proposal can be reconciliated with the European Court of Justice’s (strict) case law on restrictions to the freedom of establishment.
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Purc-Kurowicka, Katarzyna. "Wpływ pandemii COVID-19 na prawa i wolności obywateli w zakresie organizowania zgromadzeń." Przegląd Prawa Konstytucyjnego 1, no. 65 (2022): 151–59. http://dx.doi.org/10.15804/ppk.2022.01.11.
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The article focuses on the freedom of citizens to organize assemblies during the COVID- 19 pandemic in Poland. The provisions of the Acts and the Regulation of the Council of Ministers of March 19, 2021 on the establishment of certain restrictions, orders and bans in connection with the occurrence of the epidemic, prohibiting or limiting the organization of assemblies during a pandemic in terms of the existence of pro-liberation or anti-freedom tendencies, were analyzed. The presented article is an attempt to consider the constitutionality of the provisions in force in this area. The law may become a tool of lawlessness, and it should be noted that the participation of citizens in assemblies is sometimes the only opportunity to express their views and one of the basic standards characterizing a democratic state ruled by law.
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Chulisova, Yulia A. "Freedom of creativity in the system of constitutional rights and freedoms (in the light of the 2020 constitutional reform)." Izvestiya of Saratov University. Economics. Management. Law 24, no. 3 (2024): 337–47. http://dx.doi.org/10.18500/1994-2540-2024-24-3-337-347.
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Introduction. Despite the static nature and immutability of the norms of Chapter 2 of the Constitution of the Russian Federation, it seems possible to talk about a certain dynamics in the development of the content of human and civil rights and freedoms. The rethinking of the norms of the Constitution of the Russian Federation is aimed at improving and updating legislation, law enforcement and the mechanism for protecting human and civil rights and freedoms. Theoretical analysis. Freedom of creativity should be considered as a constitutional and legal institution, including the normative and legal regulation of relations between the state and citizens engaged in creative activities and their associations, establishment of principles of such relations, guarantees, restrictions and measures to support and develop creative abilities of the individual, evaluation of the results of creative activity as a socially significant product, and as subjective freedom, with non-interference of the state in self-determination of the individual in matters of creative activity and protection of his / her rights to the results of intellectual activity being its guarantees. Empirical analysis. The constitutionalization of spiritual and moral values has been reflected in modern Russian policy of regulating relations related to freedom of creativity, support for culture, and protection of national cultural identity. As a result of the constitutional reform, the coordinate system of the spiritual and moral development of society was fixed, which cannot but affect the system of evaluating the results of creative activity, and the public demand for the reflection of spiritual, moral and socially oriented values in the results of creative activity was clearly expressed. Results. Freedom of creativity acts as a guarantee of a number of constitutional human rights and freedoms established by the Constitution of the Russian Federation. The key principles, goals and objectives of preserving and multiplying the cultural heritage and spiritual and moral development of Russia, strengthening its civilizational identity in conjunction with freedom of creativity run like a red thread through all levels of legislation, finding conceptual development in federal laws and federal subordinate regulatory legal acts. These normative acts specify guidelines for the implementation of creative freedom and mechanisms for supporting creative projects aimed at the development of statehood, patriotism and preservation of values.
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Balekina, Violetta Mikhailovna. "Administrative and Legal Restrictions on the Right to Disseminate Information in the Context of Constitutional Values of Legal Freedom and State Security." Административное и муниципальное право, no. 1 (January 2023): 9–18. http://dx.doi.org/10.7256/2454-0595.2023.1.39713.
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The article deals with the problems of establishing administrative legal restrictions on the right to disseminate information in the context of such constitutional values as legal freedom of law and state security. The purpose of the study was to assess the institution of administrative responsibility for violating the order of dissemination of information from the point of view of these constitutional values. The subject of the study was legal relations in the field of implementation of administrative responsibility for violation of the order of dissemination of information, and the object of the study was legal doctrine, legal norms and judicial practice. In order to achieve the research goal in conjunction with general scientific and special scientific methods (analysis, synthesis, formal legal, interpretation of law), the author applied an axiological approach to the phenomena under study. The scientific novelty of this study lies in the fact that the problem of restricting the right to free dissemination of information through administrative liability mechanisms is considered through the prism of not only its possible restrictions for the security of the state, but also in the context of the correlation of freedom of information dissemination and state security, as the most important constitutional values. The author formulates the following conclusions. The establishment of administrative responsibility in the Administrative Code of the Russian Federation for violation of the order of dissemination of information is necessary to ensure state security. However, the implementation of the mechanism of the studied type of administrative responsibility should be carried out in a balanced manner, taking into account both the interests of ensuring state security and ensuring legal guarantees of the constitutional right of everyone to freely disseminate information.
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Lewandowicz, Maria, and Marek Kacprzak. "Poker in light of the Gambling Act and European Union regulations." Studia Prawa Publicznego, no. 2 (46) (June 28, 2024): 59–74. http://dx.doi.org/10.14746/spp.2024.2.46.3.
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The authors of the paper undertook an analysis of the regulations on the organization of a poker game under the Gambling Act. The main subject of the analysis revolves around the question to what extent state authorities should monitor and restrict the activity of poker players. The scope of the statutory restrictions on arranging and participating in poker games depends on the culture of perception of gambling in a given country. Assigning poker to the appropriate regulatory category, either as a gambling activity carrying the highest social risks in terms of public health or safety, or as a game primarily for entertainment, is by no means obvious and depends on determining such factors as the purpose of organizing the poker game and the manner in which it is played, i.e. whether players are playing against a casino or against each other. The regulatory differentiation depending on the variety of poker games is the result of years of efforts by national legislators and the jurisprudence to define and categorize the game correctly. The article cites the jurisprudence of the Constitutional Court justifying the formal and material prerequisites of the existing restrictions on the gambling services market. The authors also relied on the extensive body of case law of the Court of Justice of the European Union explicating the permissibility of restrictions on freedom of establishment and freedom to provide services in the sphere of gambling. The conclusions drawn from these reflections confirm that the current provisions of the Polish Gambling Act are part of a consistent and systematic state policy aimed at ensuring the highest possible level of consumer protection, and the introduced restrictions are proportionate and necessary.
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Oktarina, Evi, and Muhamad Yosi Agustian. "Implementation of Article 28e (3) of The Constitution of The Republic of Indonesia Year 1945 on The Restriction of The Right of Assembly in Law No. 17 of 2013 about Community Organizations." Greenation International Journal of Law and Social Sciences 3, no. 2 (2025): 191–204. https://doi.org/10.38035/gijlss.v3i2.413.
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The Republic of Indonesia's 1945 Constitution's Article 28E, paragraph (3), guarantees the right to freedom of organization and assembly. The purpose of this study is to investigate and evaluate the juridical aspects of these rights in the context of the establishment and implementation of Community Organization activities in Indonesia. The research uses normative method with legislation, historical, and comparative approach. The results of the analysis showed that although the right to association is constitutionally recognized, practices on the ground still face various obstacles, such as unilateral dissolution, restrictions by the state, as well as regulations that have the potential to curb organizational freedom. On the other hand, the state also has the obligation to uphold the integrity of state ideology and public order. Thus, it is necessary to strike a balance between the state's power and the defense of citizens' rights in organizing public organizations. Recommendations, the need for fair law enforcement, improved regulation, and increased legal awareness in the community so that freedom of association can be realized effectively and responsibly.
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Zbyrak, T. V. "Legal Guarantees Of Media Independence In Ukraine And The European Union." Actual problems of improving of current legislation of Ukraine, no. 51 (August 6, 2019): 111–18. http://dx.doi.org/10.15330/apiclu.51.111-118.
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The article is devoted to the analysis of legal guarantees of media independence in Ukraine and the European Union. The author believes that safeguards are a set of objective and subjective factors aimed at the practical protection of human rights and freedoms, to eliminate any obstacles to their full and proper implementation. The main purpose of the safeguards is to create the necessary conditions for the transformation of the rights and freedoms enshrined in the law from possibilities into reality.
 It has been established that press freedom should be regarded as a guaranteed right or a guaranteed opportunity to freely establish, publish, edit, read, distribute, publish, publish and publish print media of your choice.
 The author substantiates the division of guarantees of media independence into normative, institutional (organizational) and procedural immunity as a kind of guarantees of media activity. Legal safeguards include a set of legal norms that ensure the realization and protection of a set of rights that are included in the notion of media freedom. Constitutional guarantees of media freedom are an integral feature of a democratic media system. Guarantees of independence of the broadcasting regulatory bodies are provided first and foremost by the system of their formation.
 The author has determined that additional measures are necessary to eliminate the restrictions that impede the strengthening and development of the information industry, its infrastructure, providing real support to the activities of journalists and providing specific rules for their protection, expanding the possibilities for access of citizens through this network to information submitted in foreign printed media. media, etc. The guarantee of media independence is also the establishment of disciplinary, civil, administrative or criminal liability.
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Dourado, Ana Paula. "The EU Free Movement of Capital and Third Countries: Recent Developments." Intertax 45, Issue 3 (2017): 192–204. http://dx.doi.org/10.54648/taxi2017016.
Full textAbstract:
This article discusses the recent developments on the EU free movement of capital and third countries. It critically reviews the CJEU jurisprudence on the overlapping between the freedom of establishment and free movement of capital, namely in the case of dividends and direct investment where the taxpayer exercises definite influence over the company paying the dividends. Departing from the SECIL case, this article also discusses the lack of exchange of information as a relevant justification for restrictions to free movement of capital, when third countries come into play, direct effect of association agreements, their repercussion in the standstill clause under Article 64 (1), and horizontal comparison.
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NESMEIANOVA, IRINA. "IS IT POSSIBLE TO DISCRIMINATE AGAINST PENSIONERS IN A STATE GOVERNED BY THE RULE OF LAW?" LEGAL BULLETIN 2, no. 6 (2021): 77–83. https://doi.org/10.5281/zenodo.11184632.
Full textAbstract:
The pandemic period, which has affected almost all countries of the world, has raised many questions for states and society that did not arise before. These are, for example, issues such as state interference in the personal life and freedom of citizens, restrictions on movement, discrimination, and others. Discrimination can be considered in many aspects, such as restrictions on citizens who are not vaccinated against Covid-19, or older persons, or the establishment of quarantine for tourists from other countries. And this list of restrictions during the pandemic can be continued. The article is devoted to an ambiguous and controversial issue: the legality and expediency of introducing a special regime of movement for citizens of the Russian Federation over 65 years of age or persons classified as having severe forms of chronic diseases. This goal allows everyone to make a conclusion about what is preferable for the older generation during the pandemic: respect for civil liberties or concern for their safety. The relevance of the issue under consideration is that situations such as pandemics may arise in the future, and we need to be ready to solve emerging problems in the field of civil relations in advance.
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Skiba, Andrey Petrovich. "DIRECTIONS OF DEVELOPMENT OF COOPERATION CRIMINAL-EXECUTIVE SYSTEM AND TRADITIONAL CONFESSIONS WHEN PERFORMING PUNISHMENTS RELATED TO ISOLATION FROM THE COMPANY." Yugra State University Bulletin, no. 2 (December 15, 2018): 87–91. http://dx.doi.org/10.17816/byusu20180287-91.
Full textAbstract:
The subject of the study is studying the interaction between the penitentiary system (MIS) and traditional confessions in the execution of sentences related to the isolation of the convict from society. The purpose of the study is to study the religious influence exerted by clergymen representing traditional confessions (the Russian Orthodox Church, etc.) as an integral part of the social impact, which, according to Art. 9 PEC of the RF refers to one of the main means of correcting convicts. The main results of the research, proceeding from the provisions of the penal enforcement legislation, reflect the directions for regulating the exercise of the right of convicts in penal institutions to freedom of conscience and freedom of religion associated with the establishment of restrictions on its implementation by convicts; inviting clergymen to the convicts, their communication and ensuring security in this communication; organization of religious ceremonies and ceremonies; development of the legal framework for the interaction of MIS and traditional confessions by concluding relevant agreements.
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Pawłowski, Bartosz. "Ocena zgodności z prawem Unii Europejskiej poselskiego projektu nowelizacji ustawy o ochronie zwierząt oraz niektórych innych ustaw." Zeszyty Prawnicze Biura Analiz Sejmowych 4, no. 68 (2020): 110–21. http://dx.doi.org/10.31268/zpbas.2020.78.
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In the author’s opinion, the Bill concerns issues partially regulated by the EU law and interferes with the freedom of establishment and the freedom of services guaranteed by the treaties. This does not constitute a breach of the EU law, but the introduced restrictions do not have a proper justification in terms of their proportionality to the intended purpose of the regulation. An argument that similar legal solutions are in force in other Member States was not recognized to be such a justification. According to the author, although the changes contained in the Bill may serve the overriding general interest, that is animal well-being, the compliance of the provisions with the EU law may be challenged. In the remaining scope, the Bill is compliant with the EU law, with an exception of the amendments to the Act on Animal Protection that ban slaughter without stunning in an abattoir or a slaughterhouse.
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Zhornokui, Yu M. "Freedom and obligatory performance of a contract in the civil law of Ukraine." Bulletin of Kharkiv National University of Internal Affairs 99, no. 4 (2022): 69–80. http://dx.doi.org/10.32631/v.2022.4.06.
Full textAbstract:
An analysis of the legislation of Ukraine, as well as doctrinal approaches and judicial practice regarding the understanding of freedom and obligation to perform a contract in the civil law of Ukraine, has been carried out. It has been concluded that the legislation in many respects creates situation where the principle of freedom of contract is restricted. At the same time, neither legislation nor law-enforcement practice contain any reservations that would allow changing the relevant state of affairs in favor of the principles of dispositive regulation of private law relations.
 It has been noted that the principle of freedom of contract within civil law relations does not have an absolute nature, which is confirmed by the provisions of civil legislation that ensure the procedure for conclusion, execution and responsibility for individual contractual structures regulated by the Civil Code of Ukraine (e.g., a public contract, an accession agreement, etc.), as well as relations connected with consumer protection.
 Based on the conducted research, it has been proposed to single out two main models for restriction of contract freedom: 1) establishment of direct restrictions by the state, by indicating which specific conditions the parties are forbidden to agree on in the contract; 2) consolidation of general evaluation standards that the transaction and its terms must meet by the legislator or higher courts at the level of law or law enforcement practice.
 Attention has been focused on the fact that the ability to realize interests under one’s own responsibility is the basis of the contract, and that contractual binding and responsibility are its inevitable consequences. Despite the fact that the legislation provides for the obligation to perform the contract (Article 629 of the Civil Code of Ukraine), it also provides for cases of contract parties’ release from the performance of their obligations (from the obligation of the contract).
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Clough, William R. "The First Freedom." Journal of Interdisciplinary Studies 30, no. 1 (2018): 4–28. http://dx.doi.org/10.5840/jis2018301/22.
Full textAbstract:
The Founders of the United States had waged a war in the name of liberty. Yet shortly after independence they discovered, with the Articles of Confederation, that liberty did not make for a durable Republic. So they crafted the United States Constitution to form a more perfect union. Well aware of how flawed human nature is, they created a strong republican government with three co-equal branches overseeing a union of states, each ruled by laws passed, executed, and judged by their democratically elected representatives. Religious freedom was a particularly thorny issue; institutions of religion are where people exercise freedom of conscience. Religions form powerful interest groups, motivated by high ideals, but are corruptible, sometimes unrealistic, and often inflexible as to how their ideals are to be lived out in society. America’s Founders followed the hard road of refraining from either endorsing or restricting any establishment of religion, but submitting religious individuals to the rule of law. The courts have had to sort out how those ideals are to be applied in actual cases ever since.