We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.
The article deals with an outline history of development of the right to privacy in the legal system of the United Kingdom. It is also to serve as a critical analysis of existing in this legal system contemporary model of privacy protection formed by the mutual relation between jurisdiction, statute law norms and the correlation between the right to privacy and the right to information and freedom of speech.
More...
This article investigates the norms of the leading European charter for fixing the principle of publicity, which makes it possible to bring closer municipal authorities and population of a municipal formation. The work reveals that the principle of publicity serves as a basis that unites local government and population for solving common issues of local importance. The public is given a key position in this process.
More...
Despite its central position in the system of civil institutions, civil liability is a subject of debate in the Russian science of civil law. Russian law is most closely connected with German law due to geopolitical proximity and common traditions of Roman law. German law is a leader in defining liability and may have a significant impact on the improvement of the Russian institute of civil liability. The Russian legal system ought to take into consideration the experience of German law, where liability goes beyond obligation and includes the stage of its implementation.
More...
The article investigates the features of implementation of the civil rules of international treaties in the sphere of copyright in the legislation of the Russian Federation. It is concluded that the above implementation has a proactive nature. The influence of the provisions of international treaties on the development of national legal systems is considered. The main trends in the development of the legal regulation of relations in the field of intellectual property usage are analyzed.
More...
Human rights have become one of the most pressing and intractable matters of political life, and perhaps even of life as such. We might even say that there could be no life without human rights, without, at the very least, the right to live. This is why, from their very beginnings, human rights have always been a way to think about what it means to be human, and what it means to have the right both to live and to be human. Why do governments abuse human rights and what can be done to deter and reverse abusive practices? The technology offers important health and nonhealth benefits, but raises ethical concerns, including privacy and the potential for coercive implantation of RFID tags in humans before their use becomes widespread and it becomes too late to prevent misuse of this usefull but ethically probematic technology.There is a benefit of an implanable RFID chip but also the erosion of our privacy and a right to bodily integrity might be a problem. Implanting humans with RFID tags is leading to some difficult questions as well as cameras all over the world and eavesdropping. They are definitively threats to humans privacy and the experts must consider how to balance between securitiy and liberty.
More...
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.
More...
The state is the largest customer, or supplier of works, goods and services. That fact has a major influence on public procurement procedures and access to relevant provisions of the Public Procurement Act, which is often characterized as formal, strict, rigid, and inflexible. No doubt there are situations when a formal approach to public procurement procedure does not need to have an alternative. However, are not only cases but also objective arguments when formally acting contrary to the object and purpose of public procurement procedure. Through practical examples, the author argues the view that a formal approach and narrow interpretation of provisions, are not always appropriate, and in some situations indicate a noneconomic-efficiency, which is against the goals and purpose of public procurement. Particularly since the theory and practice of law give the possibility of flexible approach. In this paper author underlines the importance of a new procurement Directive, which opens a new path in procurement regulation in Croatia, bringing the EU›s main features of the area. In a future, transposition of these Directive in national legislation opens up new opportunities, new challenges, but also the possibility of joint regulation of public procurement.
More...
The article discusses the current issues of the discrete functioning of fundamental social institutions such as law and economics. The logical outcome of this situation is a significant social differentiation of the Russian population, the negative effects of which alter the quality of legal relations, studied, among other things, by the general legal theory of marginality.
More...
The paper is devoted to the topical problems in modern migration policy, including the issues of preventing violations of the rights of Russian citizens by migrants. The author proves the necessity to develop the social adaptation area of migration policy. The experience of the Republic of Tatarstan in providing social and medical assistance to individuals who do not have Russian citizenship reflects positive trends in the regional legislation. This experience can be used in other regions of the country.
More...
The problem of adequacy of epistemological forms of perception of the category of norm of law to its actual content is urgent in the context of the current situation with the uncertain content of some legal phenomena. The epistemological nature and logical certainty of the category of regulatory prescription are considered. In order to reveal correlation between the categories of norm of law and regulatory prescription, it is suggested that the latter should be treated as an expression of the comprehensive content of norms of law. The norm of law, as an epistemological tool and the result of scientific knowledge within the legal institutional framework, is an integrated form of textual expression of the content of articles of laws and other normative legal acts. The norm of law is not a rule of conduct, thereby being rather the rule in general, i.e., having the universal nature, which is expressed as an authoritative order. It defines the socially meaningful model of prospects and dues in the regulation of social relations, as well as the legal status of their participants for the purpose of smooth development of the society and state.
More...
The problem of retention of the rights of economic and operational management in civil legislation is discussed. A special feature of this study is that it is performed from the perspective of the concept of defects in the mechanism of legal regulation of corporeal relations. To prevent the defective phenomenon, detailed consolidation of the legal regulation of the rights under consideration is suggested.
More...
Based on the historical analysis of the doctrine of legal personality of citizens who are incapacitated and limited in capacity, the study of changes that have come into force in the current legislation relative to the above categories of natural persons is performed. The relative reception of Roman private law and civil law of the Russian Empire in the formation of norms regulating the legal status of citizens who are incapacitated and limited in capacity is revealed. The effectiveness of changes that have come into force and aim to protect the rights of these citizens, as well as the necessity to include the category of spendthrifting in the grounds for limiting the civil capacity, are proved.
More...
The paper analyzes civil legal ways to protect the violated intellectual property rights of both property and non-property character and their jurisdiction. The main features of protection of the rights to know-how and problems arising from their procedural protection are considered.
More...
The paper reveals the legal nature and priority of agreement between the parties as the basis of change or termination of the contract. The possibility of mutually agreed change and termination of the contract by the parties is analyzed based on implementation of the principle of freedom of contract. The subject of the study is also the sources of centralized and decentralized regulation of the restrictions on freedom of modification and termination of the contract. Inconsistency of the legislation in this sphere (particularly, between the provisions of articles 450 and 450.1 of the Civil Code of the Russian Federation) is revealed. Special attention is paid to the possibility of change and termination of the contract by agreement of the majority of its participants. Therefore, convergence of the legal regimes of such individual legal acts as transaction and assembly decisions is emphasized. Practical issues associated with interpretation of the restriction to change and terminate the contract by mutual agreement of the majority of its participants are considered.
More...
Formulation of the problem. The development of constitutional law although not as fast, but subordinate to the universal processes that affect any other area of law and legislation. One of these processes should include further specialization legislation deterministic deepening and expansion of social life, activities and interests. Analysis of recent publications. In the works of local scientists in the field of environmental law contains a number of works doctrinal nature, which are based on the development of legal regulation of environmental relations and issues of codification of environmental law. First and foremost among these scientists should be called Y.S. Shemshuchenko, A.P. Getman [3], V.I. Andreytseva [4] A.G. Bobkov [5], M.V. Krasnov, G.I. Baluk [6], V.V. Karakash and others. However, issues of completeness and consistency constitutional and legal principles to ensure legislative regulation of environmental relations in a comprehensive institution of the Basic Law was not implemented. Formulation purposes. The purpose of this article is to define the modern practice of constitutional rule-making in foreign countries institutionalization of ecological relations in the Basic Law, to create an adequate legal framework for the state, society and individuals in terms of deployment of the environmental crisis. Presenting main material. Analysis of texts of constitutions of a number of countries in Europe, Asia, Africa and Latin America on the constitutional and legal provision of environmental relations allows to make a number of findings that indicate no single «standard» technique of constitutional settlement. First, should separately identify the range of countries whose constitutions do not contain environmentally-law. This category include the US, Japan, Italy, Argentina and a particular exception – Germany. Secondly, one can identify a number of constitutions in which environmental problems given one article, which however may contain several provisions. This category can be subjected to internal differentiation depending on the application object opulent set criteria. This refers to the overall differentiation of environmental law in blocks, natural resource, environmental protection and ecological safety. On the other hand a number of constitutional documents is limited to the use of single or complex legal means for forming the rules of the Basic Law, such as the subjective right, a legal obligation, purpose of legal regulation and so on. However, in some countries there was a constructive constitutional and legal updating of environmental issues that led to its practical implementation in the form of implementation of the Basic Law of the relevant constitutional institution. In this context, first of all, should be called the Constitution of the Federal Restpubliky Brazil, adopted 5 zhovtyan 1988, ie in the wake of the aggravation of the ecological crisis and the Constitution of the French Republic of 4 October 1958, part of which in the broadest sense is also considered and adopted in 2004 Charter of the environment. Conclusions. The content of the constitutional and legal provision of ecological spheres of social relations in the national constitutions of most countries in modern conditions makes a very disappointing experience, as you can kvalifikovaty dysfunction constitutional rule-making in the environmental field. However, in some countries there was a constructive constitutional and legal updating of environmental issues that led to its practical implementation in the form of implementation of the Basic Law of the relevant constitutional institution. It is important to go well with the fact that the Basic Law should secure not just linked environmental objects that integrate the concept of «environment» but «ecological system» as a system of ecological relationships which are an active part of man, society, state forms of management, institutions of environmental protection and ecological safety and more. In the constitutional and legal terms, the problem is the need to create a separate constitutional institution – «Ecological systems».
More...
Problem Setting. The development of information technology, e-commerce caused the appearance of such phenomena as electronic money. In order to ensure the stability of currency in Ukraine, as well as the protection of the rights of users of electronic money need effective legislative base. That’s why, the research of electronic money in private law relations is very important.The purpose of the article. The research of the nature, the role and functioning of the electronic money in Ukraine are engaged by researchers as Y. Grytsiuk, I. Trubin, A. Isaev, M. Savluk, SA Derevyanko, A. Chepur, etc.The article studies features of the legal regulation of electronic money in Ukraine. Analyzed the concept of means of payment, legal payment’s instrument, electronic payment instrument and their relationship with the concept of electronic money. It was found civilistic nature of electronic moneyConclusions. The conclusion is that electronic money is a monetary obligation payable to bearer in electronic form, as the basis for their issuance is a civil contract. In addition, after the exchange of cash or non-cash money to the electronic money they keep their traditional cost of money and can serve as payment instrument.
More...
The Authors in the article analyze the influence of labour migration on the stability of family in Lithuania. The word “emigration” means the departure to another country with an intention to reside in it permanently or no shorter than 12 months. The International Organization for Migration notes that in Lithuania 36.6 thousand people declared their departure in 2014 and 38 thousand people in 2015. People emigrate due to economic reasons, lack of social security, no trust in the state, demeaning attitude of employers toward employees and better work opportunities abroad.
More...
In 1954, after almost sixty years of tolerating the separate-but-equal doctrine shaped in Plessy v. Ferguson, the U.S. Supreme Court decided to reject the unequal policy of the government in educational system, and thus to initiate changes in the status of racial segregation. Brown v. Board of Education of Topeka decision ignited both positive and negative feelings and emotions of Americans, who began to show two types of civil disobedience. The first type of disobedience was addressed against the Court and its controversial precedent, and could be visible mainly in Southern states among white citizens and some state authorities. Despite the fact that the Court’s decision was binding, Southern judges, politicians as well as ordinary people showed their disobedience towards the highest judicial institution in the country and its notion of desegregation. The second type of civil disobedience was addressed towards these institutions which neglected the necessity of social change and promotion of equality, and could be observed in actions undertaken by various individuals and organizations aiming at broadening the constitutional protection of black Americans. The purpose of the article is to analyze both types of civil disobedience which were initiated by the same source – a judicial precedent, and had an enormous impact on American society of the late 1950s and early 1960s, leading to final change in the perception of the equality principle as well as the status of civil rights. The article proposes a thesis that the scope and character of civil disobedience may depend on the ideology of certain social groups and therefore influence their attitude to the direction of changes in law.
More...
The article examines a new tendency in the Polish system of local spatial planning and development, i.e. the micro-plan of spatial development. The aim of the work is to verify whether the above-mentioned tendency is entirely compliant with the rules expressed by the lawgiver in the Act on spatial planning and development, as well as the basic principle of the planning activities – spatial order. Furthermore, the author focuses on the theoretical views on the construction of a local spatial development plan in the context of a micro-plan. The analysis also includes the relation between the above-mentioned tendency and the rules governing the planning of self-governance as the entitlement exercised by the municipality.
More...
Modern history of Muslim countries may be traced as of beginning of 19th century. The changes that occurred at that time originated from various sources and are directly caused by intrusion of Napoleon Bonaparte into Egypt. The need for resistance to an ongoing invasion forced the government to accept the reform of the military in the first place although it shall later be revealed that there are weaknesses of the whole system that governed the state. In order to make the military reform successful, changes had to be made to the economic system of the country, industrialization, banking system, public works. All of that required changes to the legal system and adaptation to new conditions and new institutions. Ultimately, it led to a conclusion that the state must be given a new role in management of businesses in order to protect society and preserve independence. Egypt, like other countries as well, initiated reforms that had an effect on legal system and codification of civil law. The purpose of this work is to discuss causes and results of the reform conducted by the Egyptian government during the 19th century.
More...
