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Francesco Becchetti wanted in connection with failed hydropower scheme.
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Francesco Becchetti wanted in connection with failed hydropower scheme.
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Thousands had demanded Victor Ponta’s ouster, saying culture of corruption had role in death of 32 people in nightclub blaze.
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Russian police say members of far-right Ukrainian group caught with cache of smuggled weapons.
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Georgian premier accuses former president of calling for ‘anti-state and violent actions.’
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Lawyer for Crimea native Oleg Sentsov, jailed for 20 years on terrorism charges, hopes for reduced sentence.
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The American vice-president carries a message to Kyiv that Washington wants to see more progress in fighting corruption.
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Tohtar Tuleshov also allegedly funded a shadowy, multinational crime syndicate whose existence is in doubt.
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The current laws govern the admissibility of the personal data processing in ICT systems and determine appropriate levels of protection of such information. Entrusted with the protection of personal data, in any organization processing personal data, is the administrator of personal data, who can determine the information security administrator to carry out these tasks.
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The concept of sovereign bankruptcy originated in the works of A. Smith, B. Miller, in which the need for the formation of the mechanism of bankruptcy of public law entities was anyhow pointed and justified in order to optimize the economic climates in the countries during the crisis, to keep the state competitiveness in the global stage and the overstability of economic processes at both the national and international levels. The concerned problematics is anxiously actual in light of the recent events: the escalation of military conflicts, geopolitical tensions in the international community, hyperinflation, raising US government debt, etc. The factual financial insolvency of a number of states becomes a major problem. The resolution of this issue requires not only formation of the institution of the state bankruptcy at a theoretical level, but also effective procedures which will be able to cope with a debt crisis of public legal entities in practice. An attempt to present the history of the idea of sovereign bankruptcy, to systematize the most appropriate mechanisms and suggested ways of overcoming the debt crisis in the area of sovereign insolvency was made by the author. The problem of bankruptcy of administrative-territorial units was indicated separately.
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But scandal-plagued Chisinau hears latest of many warnings that it must reform its banks and clean up corruption before it can access international money.
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Whether through death or court rulings, ex-Yugoslavs accused of gruesome crimes are slipping through legal cracks.
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Unverified accounts say Amiran Georgadze opened fire after officials rejected his demand for a giant bribe.
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The suspect’s name was on an official list of suspected ‘terrorists’ before her case went to trial.
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This article is devoted to problematic aspects of the interaction and activity coordination of territorial customs bodies of the State Fiscal Service (SFS) of Ukraine, with local state administrations and local self-government bodies.The article provides the author's definition of «interaction», which is «a pre-determined and agreed procedure of departmental, interdepartmental and supra-departmental relationships between the subjects of public law, which is carried out in certain areas of their activities and within their competence as regards the implementation of the tasks assigned to them in accordance with the legislation of Ukraine». In addition, the author draws legal parallels between the concepts of «interaction», «assistance» and «coordination» in the field of state customs affairs. In this connection it is proved that the interaction in the sphere of state customs business is the principle of Ukrainian SFS customs houses activities and their means of contact with other state bodies and those of local self-government for the purpose of the Ukrainian SFS customs interaction with other state authorities and local self-governments in the sphere of state customs business and the implementation of certain concerted actions aimed at a particular result. At the same time, coordination as measures of administrative-legal nature determining the ways to regulating the resolution of the issue of interoperability between the public law bodies in the field of state customs affairs is the function of the Ukrainian SFS customs, other state bodies and those of local self-government, which aims at creation of such a model of relations between the actors, which enables implementing the agreed objectives with the least expenditure of time and money.Based on the analysis of the current legislation of Ukraine on state customs affairs, the author discloses the main aspects of the Ukrainian SFS territorial customs bodies’ activities promotion, and coordination and interaction of the Ukrainian SFS territorial customs bodies with local state administrations and local self-government authorities.It is also established herein that the interaction acts as an integrating factor, through which abilities of the Ukrainian SFS territorial customs bodies, other bodies of state power and those of local self-government are conditionally joined in some coherent system based on a common objective, and therefore it is necessary to clearly define the concept of «interaction» in the sphere of state customs affairs securing it in the provisions of the Customs Code of Ukraine and clearly outlining the forms of such cooperation.The author focuses on the fact that despite the importance of interaction between the Ukrainian SFS customs houses and local state administrations and local self-government bodies in the sphere of state customs business, which activates the solution of a whole range of issues, namely arranging for the frontier, interregional and international cooperation, ensuring the rule of law and public order, fighting against corruption and organized crime, etc., an adequate legal regulating mechanism for such interaction has not yet been established. Besides, the issue of forms of the Ukrainian SFS customs interaction as the territorial bodies of SFS of Ukraine with other executive power bodies and the ones of local self-government is addressed.Based on the results of the study the author notes that the interaction of the Ukrainian SFS customs offices and local state administrations with local self-government bodies is an inherent quality, link and component of the Ukrainian SFS Customs offices functioning organization, which aims to improve the state customs service implementation standards by the Ukrainian SFS customs houses and to ensure the said implementation efficiency. However, in the course of interaction of the Ukrainian SFS customs with local state administrations and local self-government bodies each of the mentioned organizations specializes in solving their specific tasks in accordance with their subject expertise, and forms a clear organizational system. The complementarity of such kind helps to improve the state customs affairs conductance quality and is realized through the coordination of performance of the Ukrainian SFS customs offices, local state administrations and local self-government bodies as the interaction subjects through normative, informational and analytical provision for the interaction and concretization of the activities of each subject within the planned activities.
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The principle of the freedom of construction is limited by two legal forms of administrative regulation ex-ante which protect the public interest and the interests of third parties. In practice, there are also construction works not covered by any form of administrative regulation. The paper presents the problem of fit-out works in office buildings implemented in the development system, in particular their legal qualification as "reconstruction". Based on an analysis of the decisions of administrative courts it has been proven that fit-out works can be carried out without the obligation to obtain a building permit or notification, provided that the investor will organise the construction process and commercialisation in such a way that the fit-out works will not have impact on the functional and technical specifications of the office building.
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In the article an author pays attention to the exceptional importance of the Law on the State Budget and the need for a clear approach to the definition of its content. Law on the State Budget of Ukraine -is one of the most important laws, which the Verkhovna Rada of Ukraine adopted annually. In content,it differs significantly from other legal acts of such kind. According to para. 24 of part 1of Art. 2 of the Budget Code of Ukraine – it’s the law that approves the State Budget of Ukraine and includes provisions to ensure its implementation during the budget period. At the same time, the Budget Code of Ukraine does not give a definition of «State Budget». In additio14n, currently there is no clear answer to the question,what provisions should be considered such to ensure its implementation, as in Art. 40 named codified act contains no comprehensive list of those provisions, which are determined by the Law on State Budget of Ukraine. Do not add certainty in this matter and decisions of the Constitutional Court of Ukraine, which expressed the legal position on the subject of the law on the State Budget.Issues relating to the definition of the legal nature of the Law on the State Budget and its object was in view of these scientists-financiers as L.K. Voronova, I.B. Zaveruha, O.B. Zaveruha, S.T. Kadkalenko,O.A. Musica-Stefanchuk, A.A. Nechay, M.I. Piskotin, I.N. Yushchenko and others. At the same time, the lack of a clear approach regarding designated theme indicates the need for its further development. Thus,the purpose of this article is to analyze the decisions of the Constitutional Court of Ukraine, concerning the definition of the subject matter of the Law on the State Budget.Based on the analysis of the decisions of the Constitutional Court of Ukraine, concerning the definition of the subject matter of the Law on State Budget of Ukraine, stressed the existence of unjustified extension of the latter, which leads to a violation of the budget legislation and the formation of false legal practice. It was stated that any provisions relating to changes in the scope of social standards, the scope of rights and responsibilities, benefits, compensation and guarantees provided by other laws, must be made by amending it in such legal acts, rather than be defined by the Law on the State Budget.It is proved that taking into account the systemic connection Art. 95 of the Constitution of Ukraine and art. 40 of the Budget Code of Ukraine, the Law on the State Budget must contain a clearly defined position. The amount of expenses, their distribution, including those due to funded pensions and other social benefits provided in attachment № 3 to the Law on State Budget of Ukraine for 2016. Such attachments are an integral part of the Law on State Budget of Ukraine for the relevant year. They are approved only by the Verkhovna Rada of Ukraine, as stated in Art. 95 of the Constitution of Ukraine, so their size can not be changed by the Cabinet of Ministers of Ukraine. With regard to para. 11 of part 1of Art. 40 of the Budget Code of Ukraine, these additional provisions should regulate the process of budget execution in terms of implementation of the already approved budget for the relevant year. Thus, the Law on State Budget, which has its defined Budget Code of Ukraine, subject of regulation, could not contain provisions other than those which provided for in Art. 40 of this codified act, even those that would implement additional social guarantees and expand their volume. Prescriptions to change (as an extension or narrowing)the scope of social standards, cancel or change the scope of rights and responsibilities, benefits, compensation and guarantees provided by other laws, must be made by amending it in such legal acts.Only by following this approach, we are able to ensure proper implementation of the principle of legality in the budget and other areas.
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The dynamic expansion of the transnational copyright market on Internet changes the manner of distribution and use of intellectual property. This paper analyses the process of the development of the transnational and international copyright market. The author points out that the dynamic transformation process became a distinctive feature of the copyright trade. Therefore, a static determination of a given market needs to be complemented with an analysis focused on its development trends(economic, technological, socio-cultural) in terms of their impact on the barriers to access to the market. In this context, legal barriers need to be given special consideration. The market of copyright able intellectual property includes actions, goods and services that are subject to national law and have both economic and cultural relevance. They enjoy legal protection mainly because they convey identity, values and meanings rather than due to their mere market value. Hence, in the process of geographical market defi nition the rules for the protection of IP set out in the EU Treaty, in the constitutions of the individual Member States, in copyright laws and regulations and culture law in the broad sense of the term should be taken into consideration. At the same time, the individual and public interests in respect of the creative activity need to be balanced.
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The European integration raises hopes for the future of united Europe, but it does not solve all the current problems of individual Member States. One of them is to protect the rights and interests of the State Treasury of individual European Union’s countries. Therefore, each country has its own system of protection of these interests also towards the European Union’s countries. This situation is far from the perspective of unification of the European Union’s interests. In Poland, the State Treasury Solicitors’ Office deals with the legal protection of the rights and interests of the State Treasury.
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Administrative and legal interference in the sphere of the real property rights constitutes one of the most frequently occurring indemnity circumstances. Surcharge and compensation function as mechanisms established on the grounds of the real estate management act which compensate for a material damage caused by a takeover or division of a real estate. Despite the convergence of the compensating function, the two issues differ considerably in substantive bases, as well as in the mode of their establishment. The essence of the surcharge is a supplementary payment to the value of a real estate, when granting a real estate of equivalent area is impossible. However, the compensation functions as a tool of discharging a owner’s claims related to a material damage resulting from a takeover by a public administration body of a real estate necessary for construction site or a road broadening.
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Construction can be seen as a field that has undeniably important results for both present and future society. In terms of administrative law, it is also notable for intense and detailed legal regulation that is constantly being improved. But despite legislative efforts, the results of this activity often fail to meet the expectations of its participants and society. The article raises the hypothesis that the reason for this may be a political and social revolution in the state 25 years ago that was not fully realised. This hypothesis is suitable for the analysis of specific examples of legal regulation in construction, and comparing them to the features of social law examined in the law doctrine. The article provides only some of the examples collected during the study, but is sufficient to identify legal paternalism, actions of institutions based solely on their discretion, and disproportionate state intervention in relations of private persons. It can therefore be recognised that legal measures characteristic of the tradition of social law are still applicable in this field. Applied in conjunction with faster-developing public administration law, freedom of contract and other legal principles, they cannot give the results expected of them.
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