Around the Bloc: Bosnian Serbs Take to the Streets
Despite worries, large-scale demonstrations for and against the government avoid violent confrontation.
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Despite worries, large-scale demonstrations for and against the government avoid violent confrontation.
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New organization should help counter foreign fighters emanating from the Balkans, though countries say they have already stemmed the flow abroad.
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Ouster of three top editors follows police raids on other assets of owner Mikhail Prokhorov.
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Problem Setting. The article describes the activities of the zemstvo self-government which had a significant impact on the process of national constitutionalism development in the late XIX – early XX centuries. The actuality of the topic. Zemstvo self-government got significant practical experience of legal oppositional activity, which is an important element of constitutionalism. Within the territory of ethnicUkraine, zemstvo constitutionalism combined two components: All-Russian and national. The purpose of the article. All-Russian zemstvo constitutionalism had features of legal, semi-legal and illegal activities, which were represented by liberal and radical wing of zemstvo liberal-democratic movement respectively. In the All-Russian context, zemstvo radicals advocated the idea of establishing constitutional order in the Russian Empire, which involved constitutional recognition of democratic rights and freedoms, equality, parliamentary system and establishment of a constitutional monarchy, decentralization of power, political pluralism. The national component of zemstvo constitutionalism, which was formed at the beginning of the bourgeois-democratic revolution of 1905–1907, had illegal character and its essence can be described by the fact that some zemstvo liberals insisted on the need to restore the Ukrainian state in the form of autonomy within democratic Russia. Representatives of both components of zemstvo constitutionalism aimed to implement their constitutional ideas through reforms. Zemstvo constitutionalism reached its highest peak at the beginning of the bourgeois-democratic revolution of 1905–1907. In early XX century zemstvo liberals took active part in activities of bourgeois-democratic political parties. Development of Russian and Ukrainian political parties led to a split in the radical wing of zemstvo liberal-democratic movement on the national basis. Some zemstvo leaders joined the All-Russian Party of Octobrists and Constitutional Democrats. Head of Poltava provincial board F. A. Lyzohub was a well-known figure in the Party of Octobrists. P. Chyzhevskyi and M. Rusov became active participants of the Ukrainian Democratic-Radical Party and the Revolutionary Ukrainian Party respectively. The Sheremet brothers were members of the Ukrainian People’s Party. Conclusions. Some liberal zemstvo-constitutionalists who adhered to the moderate position raised the question of democratization of zemstvo self-government without changing the foundations of autocratic regime. They took shape of the moderate wing of zemstvo liberal-democratic movement. To democratize zemstvo self-government, the main course of zemstvo-constitutionalists’ activities consisted of the claims to the government to change the system of zemstvo bodies, reform of the electoral system, expand powers of zemstvo bodies, limit powers of local administration concerning control of zemstvo bodies’ activities.
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The practice of a single body of constitutional jurisdiction indicates on the necessity of a certain number of amendments to the current Law of Ukraine “On the Constitutional Court of Ukraine”. It is impossible to achieve the quality regulation of these issues without a thorough scientific analysis of basic features of the legal positions of the Constitutional Court of Ukraine.The purpose of the article is to analyze the legal positions of the Constitutional Court of Ukraine and scientific views on their signs, to identify and describe the main features of the legal positions of the Constitutional Court of Ukraine.There are the conclusions made that an important step in any legal position research is the establishment of the legal nature. The article discusses different scientific views on the basic features of the legal positions of the Constitutional Court of Ukraine. On the basis of the analysis of acts of the Constitutional Court of Ukraine and scientific works, there are defined, in particular, the following main features of the legal positions of the Constitutional Court of Ukraine: they are the result of interpretation and represent the most generalized, concentrated expression of the Constitutional Court of Ukraine understanding of the provisions of the Constitution of Ukraine, laws and/ or other regulations, which are carried out within the jurisdiction of the Constitutional Court of Ukraine; they are the basis for the final decision, which is set in the act of the Constitutional Court of Ukraine; they appear in the reasoning and/ or the operative parts of the decisions and conclusions and some rulings; they have a special legal force; they are obligatory, that are binding throughout the territory of Ukraine for all public authorities, local governments, enterprises, institutions and organizations, officials, citizens and their associations; suitable for further repeated use in solving similar cases; as opposed to the decisions of the Constitutional Court of Ukraine, the legal positions have a feature of the relative finality.Basing on the research results, by the author there is offered the following definition. The legal positions of the Constitutional Court of Ukraine are legal conclusions of the Court due to the interpretation of the Constitution of Ukraine and/ or provisions of laws and other regulations within its competence, which remove the constitutional and legal uncertainty, which have general character, particular legal force and which is the legal basis for a final decision, set in the Court act.The author concludes that the most reasonable approach is to formulate the definition of the legal positions of the Constitutional Court of Ukraine on the basis of objective main features of this phenomenon. Its further separate detailed study requires the issue of validity of the legal positions of the Constitutional Court of Ukraine.
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Problem setting and topicality. One of the priorities of the development of the institution of family law legal control is the legislative regulation of spouses’ property relations. The Family Code of Ukraine (the FC ofUkraine) establishes two types of property relations of spouses that are based on: 1) the personal private property of spouses (ch. 7 of the FC); 2) the common joint property of spouses (ch. 8 of the FC).Analysis of the recent research and publications. As to the civil law literature the problems of common property were scrutinized by: I. V. Zhylinkova, A. Yerukh, O. S. Prostybozhenko and others, but unfortunately the problems of the conclusion of contracts by one spouse without the consent of the other concerning common property remains unconsidered in the literature.Thus, the purpose of the article is the analysis of the spouses’ responsibilities arising on the common joint property and the ability / disability of the conclusion of contracts on common property of one of the spouses.The main research material. Property acquisition during the marriage creates a presumption of the common joint property right. It is believed that if the property was acquired during the marriage, it is common. According to art. 51 of the Constitution of Ukraine each spouse has equal rights and responsibilities in the marriage and in the family. It follows from the terms of reference that rights and responsibilities of spouses regarding the property that will be acquired in marriage are equal.The FC determines one more option. According to art. 74 of the FC, if a woman and a man live as one family, but they are not married to each other or they are not in any other marriage, the property acquired during their cohabitation belongs to them by the right of the common joint property, unless other right isn’t determined between them by the written agreement. Terms of reference of art. 8 of the FC apply to the property that is the object of the common joint property of a woman and a man who are not married to each other or who are not in any other marriage.Thus, in this article responsibilities both of the persons who are in a registered marriage and the persons living as one family but not married to each other are analyzed.Conclusions. Thus, art. 65 of the FC reveals problems concerning disposition of the property that is the object of the common joint property, and as a rule during the conclusion of contracts requires a written consent of the spouse who is not a party of the contract, so that in the future there would not be questions on the occasion of who must meet the engagements taken upon oneself and, respectively, at the expense of whose (common or private) funds
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Reformation of the judicial power in Ukraine and transformations in the activities of the courts of all levels of the judicial system have a great influence on the nature and content of the functions, goals and objectives of the modern civil justice, which in its turn raises the question about the characteristics of the quality and effectiveness of this judicial proceedings as a whole. The analysis of the aforementioned problems suggests the need to study such a property of the civil proceedings as its functionality. Paper objective is to justify a possibility (necessity) to include such a property of the civil proceedings in the scientific revolution as its functionality that allows you to see the full semantic characteristics of the aforementioned type of proceedings at the relevant stage of its development. The content of functionality of the civil proceedings can be represented as a set of specific elements (functions, goals, objectives, and subjective composition), revealing what it should do, under what conditions and how it should allocate resources to achieve the goals of judicial proceedings. The functionality of judicial proceedings allows the following: 1) To identify the validity of legal relations arising during the administration of justice, 2) To see the practical purpose of the civil proceedings and its role in the civil society; 3) To trace the civil proceedings in the dynamics of all its elements and forms. It is the functional load of the civil proceedings that enables us to fully characterize (estimate) the mechanism of the judicial protection of violated, unrecognized or disputed rights, freedoms and interests of individuals and legal entities, state interests set in the state, and also to identify the shortcomings of this mechanism. The functionality and effectiveness of the judicial proceedings have row categories, but in its semantic load have different meanings. Functionality is directly related to the definition and implementation of the main functions and targets of the civil proceedings, while effectiveness is a more statistical indicator that is defined in specific terms, figures, percentages, etc. Therefore, effectiveness is only a part of the functionality of the civil proceedings. Functionality of the civil proceedings shall be understood as a property of the judicial proceedings, characterizing it in terms of implementation of the regulatory assigned functions, goals and objectives of the civil proceedings. Functionality of the civil proceedings (a) depends on a thorough analysis of the tasks and goals of the judicial proceedings because it directly or indirectly, either directly or indirectly comes from the objectives and goals of the process; (b) has a clear link with the property of the civil proceedings as its effectiveness; (c) is dependent on the civil procedural legal policy as they are interrelated. The purpose of introduction of such a category as the functionality of the civil proceedings in the scientific turnover – installation of the primary (main) criterion that allows to recognize the efficiency and effectiveness of the civil proceedings that meets the needs of the modern society. It is the functionality that makes it possible to penetrate deeper into the essence of the civil proceedings and to study its various levels.
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The paper addresses a reasonable time of a trial as an element of art. 6 (1) of European Convention on Human Rights within the conception of judicial time management. The author analyses specific features of the judicial time management according to the studies of the European Commission for the Efficiency of Justice (CEPEJ).
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The article is devoted to the problem with the definition of the concept of «lawyer». The aim is to identify the most complete understanding of the definition of the concept of «lawyer», which will continue to contribute to the proper study of the features status of the lawyer. The author used the formal-legal method on the basis of systematic and integrated its holding. The article makes a critical analysis of both scientific and legislatively fixed (including the European Union) approaches to the definition of «lawyer». The conclusion is that the most common in the legal literature is a point of view that the disclosure of the definition of the concept of «lawyer» is done by the disclosure of professional (functional) the appointment of such a person for protection, representation, or in general - to provide legal assistance to other parties. Specify on the feasibility of using a dual legal basis for the formation of the definition of the concept of «lawyer», according to which it consists of two parts, namely, the status and the functional side. The article questioned the feasibility of the existence of this definition, the fixed provisions of the legislation on the legal profession, and offers the author’s definition of the term «lawyer» - a natural person who, in the manner prescribed by law has received status of the lawyer, and the right, in accordance with this status, to carry out lawyer for the protection, representation and provision of other types of legal assistance to the client.
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The article is devoted to the problems of increasing the efficiency of production for the review of judicial decisions by the Supreme Court of Ukraine in the system of civil justice. In particular, the questions of application of the doctrinal sources in civil cases by the highest judicial body become the subject of scientific analysis. Modern approaches to defining the nature of the legal doctrine and its significance for the process of the court application, as well as the prospects for the immediate application of the doctrinal sources of the administration of justice in the national legal system are analyzed. Based on the special nature of the judicial review of decisions by the Supreme Court of Ukraine, several areas of use of legal doctrine in civil cases by the Supreme Court of Ukraine are highlighted. In particular, the following are seen: the use of the findings of the Scientific Advisory Board of the Supreme Court of Ukraine; obtaining individual advice and legal opinions from scholars in law; direct use in solving doctrinal sources of the Supreme Court of Ukraine.
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Problem setting. Social and environmental issues of waste management facing society relatively recently, but showed a tendency to expand and deepen, which in turn caused the necessity of formation of effective policy in this area.Recent research and publications analysis. Some aspects of the present stage of the formation of environmental law and its relationship to nature and resources law, structural and systemic connections was studied by various researchers in the context of environmental policy and legislation analysis, regulation of wildlife relationships, expanding the scope of regulation of resource. In particular, they can mark out V. Andreytsev, A. Getman, M. Krasnova, N. Malisheva and others. However, comprehensive studies of this policy is currently not available.Paper objective. The purpose of the article is a theoretical analysis of the current state of environmental law, the formation of the next stage of development of natural resource relationships, their expansion and transformation into a resource (ecologic and resource) in order to adequately respond to the differentiation and complexity of structural and systemic linkages.Paper main body. The development and dynamics of the environmental, natural resources legislation is largely driven by global and European processes and requires constant updating in order to overcome gaps, timely and adequate response to contemporary challenges, changes in value paradigms and so forth. One of these problems is the development of traditional branches of law and directions research that, in turn, raises the question of substantive content, structural and systemic links of these areas of law. Any delay in the establishment of the theoretical and methodological and scientific and legal framework for a new legal phenomena in the framework of ecological and legal science creates the preconditions for the expansion of research not only to them but also in relation to the already well-established system of law and the separation of the industry.A promising seems the further transformation of natural resource rights in the resource, whose task will be to not only relations concerning those or other natural objects, but also the products of their use, and natural phenomena, the establishment of resource-saving requirements, the introduction of specific indicators of resource costs and the like. Such a situation we are seeing now in soil legislation, which regulates the use of man-made mineral deposits, which, in fact, lost the status of a natural object, but are important for their conservation. A similar situation arises in the field of waste management, which are increasingly seen it as a potential source of resources and nature conservation.It is proved that with the current approach, when the subject and its activity are taken as a basis for regulation in isolation from the goals of legal regulation, the values and ideological component of the legal regulation, which had a negative impact on its quality are lost. It should be pointed out that in many cases such restrictions are connected with artificial internal limits of innovations of eco-legal science, caused by the use of the traditional concepts of “nature”, “natural resources”, “natural objects”. This causes an urgent need to review the use of these terms, the expansion of concepts. One way to become more active use of the terms “resource use, “eco use”, “resources”, “environmental resources”, “environmental objects” and so forth.Conclusions of the research. Stage of relatively independent existence of natural resource law, its autonomy outside the complex ecological and legal science has already passed and now destructively affects both its development in general and on the development of its constituent elements, slows its methodological development, creates the prerequisites for scientific expansion of specialists in other sectors of law that use internal scientific debate and controversy as a confirmation of their own conclusions about the artificial synthesized nature of environmental law, artificiality of scientific problems and so on. One of the ways to integrate and harmonize the natural resource component within the environmental law is to change its focus from solely having binding traditional natural objects in favor of a more progressive and promising theory of the resource or the ecological and resource rights that can harmoniously incorporate both traditional (established), and innovative approaches to the maintenance of ecological and legal relations, their expansion and diffusion within a single methodological approach and legal doctrine, which is the fundamental goal of ecological and legal science, defined as the environment, the use of environmental resources and ecological security of humanity.
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The article is devoted to the coverage of defined frames of references, developed under the influenc eof legal application features of warning information in the form of suggestion which are forwarded to customs houses of State Fiscal Service of Ukraine by law enforcement authorities of Ukraine for the purpose of carrying out the custom examination of goods on their custom registration by officers of customhouses; goods which are moved across the customs border of Ukraine and along customs territory of Ukraine by tax payers carrying out international economic activity.The present article provides the legal analysis of definitions «suggestion», «risk indicator», «riskprofile». Based on analysis of current legislation of Ukraine on state customs affair it is found that the suggestion – it is the information about people and/or vehicles, with the aid of which offenses of the legislation of Ukraine on state customs affair may be committed, and the information about goods that may be objects of an offense, which was created independently by customs authorities as a result of analytical work or was received by the customs authorities. It is found that a goal of the suggestion is detection, prevention and suspension of offences of the legislation of Ukraine on state customs affair, and no allowance of release for free circulation of goods in the customs territory of Ukraine with offenses of the legislation of Ukraine on state customs affair.It is also proved that directing by law enforcement authorities to authorities of incomes and fees,which are the customs houses of State Fiscal Service of Ukraine, information about offenses of order of foreign goods transference with the subsequent requirement of customs examination of these goods by customs houses of State Fiscal Service of Ukraine is one of the forms of cooperation between law enforcement authorities and authorities of incomes and fees.Taking the results of the research into account, the author notes that the decision on the use of certain customs formalities (forms of control) is realized only on the grounds of actualizing lists of risk indicators– criteria with in advance specified parameters, using of which gives an opportunity to choose the object of control which is a risk.The author concludes that the suggestion directed by law enforcement authorities of Ukraine to the customs houses of State Fiscal Service of Ukraine does not always have reasonable grounds for the customs examination of goods which are transporting through the customs border of Ukraine. It leads to less effective decision-makings by officials of customs houses of State Fiscal Service of Ukraine that usually end with a zero result during a customs examination of goods initiated by law enforcement authorities. Herewith, the resources of customs houses of State Fiscal Service of Ukraine are spent,the customs houses of State Fiscal Service of Ukraine staff is personally responsible for the violation of legality during the determination of forms and volume of customs control, time norms introduced by legislation of Ukraine on state customs affair for realization of customs formalities are groundlessly violated and a certain negative public outcry is formed.In addition, the attention is focused on the fact that the customs officer of State Fiscal Service of Ukraine, deciding on the application of additional customs formalities on the base of lists of risk indicators,should take into account commitments of the Government of Ukraine within the framework of the EU Sector Budget Support Program of customs examinations not more than 5 % of customs declarations.
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In the article the author attempts to determine court fee legal nature He comes from that court fee is included in the composition of court costs. Consequently these concepts are correlated as part ЕКОЛОГІЧНЕ ТА АДМІНІСТРАТИВНЕ ПРАВО 146 © Сакара Н. Ю., 2016and unit. Thus part adopts signs characteristic from unit, saving the feature. Court costs are statutory expenses (monetary resources) of parties, other persons participating in the case, born by them in connection with it consideration and permission, and in case of their exemption are expenses of the state that it carries in connection with permission of certain case. They perform two functions: compensation to the participants of process their expenses related to consideration of the case, and stopping from illegal and unconscientious judicial behavior. The author comes from that court fee is not the type of state duty, as these payments have different purviews. Court fee is paid only at an appeal to the court, and state duties - to another unjudicial organs. In addition, in the national legislation since 1 January 2006 both payments are examined as national taxes and collections. Legal nature of court fee it is suggested to determine taking into account those functions that it executes. Firstly, due to court fee the special fund of the state budget is filled up. Its facilities go to financing the functioning of the judicial system. A person, paying it, executes his public obligation. Secondly, the payment of court fee prevents illegal judicial behavior, stimulates parties to the extra-judicial settlement of dispute. Paying court fee a person discharges duties, envisaged by a procedural legislation. It is suggested to understand court fee as a payment to the budget that is realized for specific public and procedural obligations fulfillment due to person’s realization of his access to court for the legal defense right or due to person’s court decree according to Law of Ukraine “About Court fee”, the payment of which should entail some legally significant actions on this person as a receipt of “special benefit”. The last mentioned should appear during writ, application, claim examination and appropriate court decision taking by results, that is in judicature for the purpose of person’s rights, interests and freedoms protection
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In today’s world property is the material basis and a means to meet the material and spiritual needs of the population, so it needs protection against criminal attacks. Robbery and robbery are among the most serious crimes in which criminals infringe not only on human life and health, but also on wealth. Actuality is that the sharp increase in robberies and looting in need of improvement and continuous improvement of methods of investigating these crimes. The problem features in the study of theoretical problems of investigating robberies and robberies involved scientists, criminologists, Y.P. Alenin, L.I. Arkusha, V.D. Basay, V.P. Bahin, V.D. Bernа, R.S.Belkin, V.А. Zhuravel, V.A. Konovalova, M.V. Saltevskiy, V.Y. Shepitko. The investigation of these crimes depends on circumstances which were at the time of their commission. This is a crime scene, or his commission, the subject of attack, attack method, a way of obtaining property or cash, the presence of criminal groups, especially the characteristics of the crime. Looting and robbery are specific inherent properties and characteristics that distinguish them from other crimes. Starting from these crimes forensic point of view have much in common that allows them to give a generalized description. The investigation of robberies and armed assaults characterized investigating the situation and circumstances that characterize them. This makes it possible to develop the main directions of the preliminary investigation, that is, to determine a set of investigative actions and operational activities.Thus, establishing the conditions and reasons for the implementation of looting and robbery is one of the components of the investigative process. Most of these conditions can be set when questioning victims and witnesses (c. 224-226 Code of Ukraine), during the inspection of the scene (art. 237 Code of Ukraine), questioning of defendants and other actions. Unfortunately, some employees of pre-trial investigation underestimate the importance of these investigations, which results in the future to incomplete pre-trial investigation and the improper collection of information about the crimes committed. The successful investigation of robberies and looting must use every opportunity to obtain the necessary information, its processing and implementation of the norms of current legislation and features provided as criminology and other precise legal sciences.
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Law, like any social phenomenon, can be the object of cognition only if legal norms that is its components, will come into connection with other legal norms, not only to form separate elements of the law.Without a comprehensive study of the interaction between legal norms, their role in the regulation of social relations will be impossible to develop effective legal measures of influence on various spheres of public life. Unfortunately, proper attention to this issue in Ukraine is not given. Examined, in fact, a certain set of interconnected rules of law, but each of them, representing this population, is investigated separately, without necessary connection with other laws. However, as presented in the legal literature, the research results confirmed the existence in law of such legal norms, which are involved in the regulation of certain social relations, being in its totality as an integrated whole. Such laws called legal institutions. Legal institutions, subinstitutes and interdisciplinary subinstitutes of penal law, both from the point of view of legal terminology and from the point of view of defining the content, in domestic science remains thoroughly unexplored and only mentioned in some scientific works of foreign authors. The term “legal institution” is used by scholars more as a term authoritative sound. In this article, we first provide a definition of the legal Institute, subinstitute and cross-subinstitute of penal law, interpret the normative contents of the allocated inherent characteristics, focusing on the absence in domestic science studies on this issue.
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The article highlights the lack of uniformity in the scientific approach to the definitions of motive and purpose of crime as elements of a subjective aspect of crime, their procedural and substantive significance in the law doctrine and the law enforcement practice. A clear legal definition and significance of motive and purpose or forming a clear position on these issues in the court of the highest resort are to eliminate the contradictions that currently considerably affect certain criminal proceedings. It is specified that definition of the motive and purpose of the crime charged as a mandatory element of proof on the stage of arraignment and trial can take place only if the disposition of those crimes contain these elements or they clearly result from the nature of the act. Also this definition of motive and purpose of crime may, at a will of prosecution, be taken into account in sentencing. It is noted that the motive of crime may occur only in premeditated crimes, whereas motivation is found in all acts, including socially dangerous. It is specified that absence of motive or purpose of crime in the indictment cannot result in returning one to the prosecutor, and should be considered by the court as proof or lack of proof of constituent element of crime in the act of the accused or taken into account in sentencing.
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International standards of the right for the freedom of thought, conscience and religion as well as the corresponding case law of the European Court of Human Rights have not been sufficiently studied in the Ukrainian science of international public law. Contemporary researchers should have a clear understanding of what exactly comprises the catalog of international standards of this right, and how such standards are interpreted by the European Court. The Court in its 2014 decision S. A. S. v. France drew such a catalogue in a unique way. It is therefore important to analyze it for understanding and implementing this right. The understanding of standards of the right for the freedom of conscience and religion is not static. It is constantly developed by the case law of the European Court of Human Rights. The Court’s decision S. A. S. v. France is one of the most recent and, perhaps, most controversial decisions on Article 9 of the European Convention on Human Rights, in which the Court drew a catalogue of such standards and gave its interpretation. The analysis of the most recent case law of the Court determines the actuality of this study. The purpose of the article is to make an analysis of the main standards of the right for the freedom of thought, conscience and religion in their interpretation by the European Court in its 2014 decision S. A. S. v. France. The article analyzes nine key standards of the right for the freedom of thought, conscience and religion as outlined in S. A. S. v. France decision. These are the principles that the Court examines each time while considering applications for violations of Article 9. From a researcher’s point of view S. A. S. v. France decision is both interesting and helpful, because here the Court dedicated a special section to the key principles which it had drawn in its previous case law. The difficulty and a controversial character of the decision prompted the Court to make a compilation of its former case law in order to justify its position. This make the decision extremely helpful to the researcher because it became a certain general commentary created by the Court, and which will be referred to as to the main list of rules and principles used by the Court in many years to come.
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We study the basic scientific approaches to the definition of «quality of law». The attention is paid to the need of establishing quality criteria regulations and in particular the law. Analyzes the proposed quality criteria of law. Disclosed property law, characterizing its internal and external form. The legal technique is aimed at the formation of a perfect legal act and its content. This should ensure a high quality of both statute and bylaw, that is, its compliance with all meaningful criteria and formal legal requirements. Indeed, the concept of «quality of law» is characterized by a set of properties and relationships that should have any qualitatively perfect law and, accordingly, to be provided to it at the design stage. Therefore, the term "quality of law" is central to the legal technique. In deciding the ratio «quality of law - the effectiveness of law», may be denoted that, the quality of the law acts as a measure and performance criterion of the developed legislation.
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Article 1 of the First Additional Protocol to the European Convention on Human Rights (hereinafter – Art. P1-1) states that every natural or legal person is entitled to the peaceful enjoyment of his possessions. Thus in order for this article to be applicable, the applicant has to show that the right, which he alleges to be violated by the respondent state, constitutes his possession. The concept of “possessions” within Art. P1-1 was analyzed by foreign scholars, such as S. Drooghenbroeck, U. Kriebaum, C. Schreurer, L. Sermet and others. The problem was also addressed by the Judge of Constitutional Court of Ukraine – S. Shevchuk. The main objective of the paper is to provide general criteria of what should be deemed as possession in the context of Art. P1-1. The case law of European Court of Human Rights allows to conclude that in order to be deemed as a possession, the subjective right in question should meet three following requirements: (1) it must have pecuniary value, which can be measured in money; (2) it must be civil in nature (as distinct from rights based on public law); (3) it must be certain enough to be enforced by the court (in contrast to the mere hope of some advantages). Conclusions of the research. As a conclusion it should be noted that in its pursuit to protect fundamental rights of a person European Court of Human Rights tends to equate legal notion of possessions with economic concept of welfare.
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The problem of the projects method usge and its integration into information communicationtechnologies in foreign languages learning united with the traditional process as well as the use of theInternet and Web-technologies in increasing of foreign languages knowledge quality have been consideredin the article
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