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As the U.S. presidential election hits high gear, the candidates and U.S. government won’t let the infiltrations earlier this year fade away.
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The article shows the contribution of the spiritual intelligentsia to the formation and development of justice on the territory of Ancient Russia. The analysis of legal sources indicates considerable influence of Byzantium on the formation of regulatory base and justice of Russia. Raised are the questions of judicial powers of the Old Russian episcopate in relation to judicial disputes of laymen and clergy. The empirical material is presented by quotes from the legal documents of Byzantium and Ancient Russia confirming theoretical views of the author.
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The article demonstrates how references to Nazi and Soviet past are perceived and evaluated by the European Court of Human Rights. Individual cases concerning Holocaust and Nazism, which the Court has examined so far, are compared here to judgments rendered with regard to Communist regime. The article proves that the Court treats more leniently state interference with freedom of expression when memory about Nazism and Holocaust is protected than when a post–Communist state wants to preserve a critical memory about the regime. The authors of the article agree with the attitude of the Court which offers a wide margin of appreciation to states restrictively treating references to Nazism and Holocaust, including comparisons to the Holocaust, Nazism or fascism used as rhetorical devices. At the same time they postulate that other totalitarian systems should be treated by the Court equally.
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This paper analyzes the main approaches to the institutional method of studying legal phenomena in Russian legal science. The attention is focused on the problem of understanding the essence of legal institution. It is established that treating laws and legal institutions as interchangeable concepts is currently an archaism in legal science, which impedes the development of the idea of institutions as the basic legal categories.
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The rules of the legislative (representative) body of state authority in the subjects of the Russian Federation form a relatively independent group of normative legal acts, the nature of which is controversial. The theory of normative legal acts is focused, as a rule, on problems concerning their development, practice, and implementation. The practice of constitutional (statutory) courts complements the scientific view of nature, content, and characteristics of parliamentary rules.
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The paper is devoted to the study of issues on definition of the legal capacity of the state as a participant of civil-law relations, an area that needs improvement of the legal regulation. The aim of the paper is to determine the legal capacity of the state with regard to the threetiered system of its involvement in civil relations, as well as to consider problems concerning the responsibility of officials for actions of the state and its bodies. The conclusion is made about the need to ensure accountability of officials for harm caused by the state.
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The paper analyzes the current legal doctrine of natural and entity persons in civil and family laws in terms of their comparative analysis and sectoral characteristics. Discussion on the suggestion to waive the mainly civil approach to definition of the legal and active capacity is encouraged. This led to the suggestion that the sectoral theoretical conclusions can be brought in line with the general theory of law. The modern scientific material on the theory of law is used. Innovative suggestions in this area of knowledge are presented. An attempt is made to extend particular suggestions to the area of family law. We introduce our own definition of such sectoral concepts as legal capacity and active capacity. The necessity of their determination based on a thorough analysis of research works of both Soviet and current periods in the development of legal thought is proved.
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The paper is devoted to the study of urgent problems which appear as courts apply the rules on responsibility for improper fulfillment of alimony obligations. In order to secure the judicial practice uniformity, it is suggested to improve the legal regulations on application of material sanctions for the delay or failure to fulfill alimony obligations.
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Adoption of suspensive regulations when introducing new penal sanctions is subjected to criticism. The legal status of persons sentenced to imprisonment and penal labor is considered from the point of legal comparativistics. Similarities are found between serving the imprisonment sentence as penal labor and in penal colonies. Therefore, it is suggested to introduce a new denomination – custodial restraint with compulsory assignment of the sentenced person to labor instead of penal labor.
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It is universally accepted that an arbitral award can be challenged if the arbitrator did comply with the agreement of the parties (cf. Art. V of New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958). However, theory and practice do not always meet. Many jurisdictions seem to allow the arbitrator to deviate from such agreement without effect to the award. The article focuses on the question as to which extent the arbitrator is bound by the state/national law chosen by the parties or applicable but by virtue of international private law. Common wisdom has it that an arbitral award cannot be annulled or denied recognition because the arbitrator erred in the interpretation of the substantive law. Author accepts that in a motion to challenge an arbitral award the state court shall not act as some kind of court of appeal. Therefore, arbitrator must not apply the substantive law in the same way the courts of the respective country do, but he is obliged and the state court is competent to review, whether the award has been made in accordance with the agreement of the parties. To this end, the arbitration clause must be carefully interpreted to find out what the parties by choosing, e.g., Swiss law really meant: namely, “law” and not a paralegal regime like ex aequo et bono, as well as “Swiss” – and not German, English etc. Unless this is shown in the reasons of the award, it may be annulled or denied recognition for not being in accordance with the agreement of the parties.
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The paper considers the main problems of state-private partnership agreements and public-private partnership agreements as civil law contracts, as well as their inherent characteristics distinguishing them from other civil law contracts. The legal nature of partnership agreements, their material terms, as well as the main rights and obligations of the parties are revealed. The relevance of this research is determined by the fact that the Federal Law no. 224-FL “On sate-private partnership, public-private partnership in the Russian Federation and amendments to certain legislative acts of the Russian Federation” of July 13, 2015 entered into force on January 1, 2016. This federal law aims to create a legal environment for attraction of investment in the economy of the Russian Federation and increasing the quality of goods, works, and services, the availability of which is ensured by the state and local public authorities. The federal law determines the main principles of legal regulation of relations arising from formulation of the project of state-private and public-private partnership, as well as conclusion, execution, and termination of state-private and public-private partnership agreements, including the corresponding competences of state and local public authorities, establishes the security of rights and legal interests of the parties of state-private and public-private partnership agreements. Based on the results of the study, the conclusion is made that state-private and public-private partnership agreements are complex in nature. They can be regarded as mixed contracts that sometimes contain claims from unidentified sources.
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The research on district (county) administration in 1816–66 requires aggregation of archivalmaterials. There are digital databases and traditional educational inventories availableto researchers. Researches are also welcome to make use of digital libraries that containmany printed sources. The main sources database for the research on the intermediate level of administrationare district and county files kept in State Archives. The operation of commission ersdelegated to districts (1816–42) and counties (1843–1866) is sufficiently documented in 32 sets of files. The query can by extended to cover regional (voivodship, and aft er 1837– governorship) and governmental files. As the volume and variety of archival material isimpressive, it is worthwhile to stage the queries. Any conclusions and detailed evaluationwill only be possible after a large share of the files have been investigated.
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In recent years in the Republic of Bulgaria the question on educational qualification for voting has more and more been raised. The topic is quite relevant, especially when the results of the 2019 elections for representatives of the European Parliament and those for local governments report: 1) high number of invalid ballots when choosing a preference without specifying a party, 2) the refusal of voters to vote using machines, 3) the so called "election tourism” from Turkey, and 4) the vote buying. These problems raise the relevance of the role of literacy and education of voters when exercising their constitutional rights.
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The document discusses the transformation of state ownership in the Czech Republic, focusing on the shift from state socialism to a more diversified ownership structure. It highlights the legal and societal changes that occurred during the late 1980s and 1990s, emphasizing the complexities and challenges of this transition. The text examines the adaptation of legal frameworks to accommodate new forms of ownership and the impact of these changes on property rights and economic development. It also addresses the ideological shifts that influenced the perception and implementation of state ownership, noting the gradual move towards privatization and the integration of private property into the legal system. The document underscores the importance of understanding historical context and legal continuity in evaluating the transformation process.
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One of the objectives of the Common Agricultural Policy is to improve competition in the agri-food sector. Modifications to this policy have focused on food quality, environmental protection and improving trade relations. Similarly, the regulatory proposals of the European Commission between 2021 and 2027 aim to achieve a sustainable agricultural sector that promotes competitiveness. In this article, the commercial practices of traders in the agrifood market and the actors that are part of the distribution chain of these products are examined. Particular attention is given to unfair behaviour that affects the interests of competitors, consumers and other participating actors.
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Administrative contracts are also known in Slovenian law, where they are mainly used as an instrument to regulate in more detail the (previously issued) administrative act, and generally cannot replace the issuance of an administrative act. Namely, the General Administrative Procedure Act only provides for settlement between parties with opposing (private law) interests. However, the elements of administrative contracts as an ADR mechanism can be found in other (sectoral) legislation, but are often very deficiently regulated, leading to the application of private law rules that govern contractual relations and which are not adapted to administrative law relations. Given all the advantages of alternative dispute resolution and shortcomings of the current legal framework, Slovenian law should also – while respecting all the specific features of administrative decision-making and following the example of selected comparative-law regimes – systematically regulate subordinate administrative contracts (replacing administrative acts), at least for some administrative matters. They should be limited only to those areas of administrative functioning where the administration has a certain margin of discretion in determining the content of the decision on the administrative matter. This means, on the other hand, that the possibility of a subordinate administrative contract should normally be excluded in the case of legally binding decision-making since the content of such a decision is predetermined and the administrative authority is bound by it (principle of legality). However, the administrative authority must have a specific power to conclude such a contract in a (sectoral) law – a general power to conclude subordinate administrative contracts is not sufficient due to the risk of infringing the principle of equality and legality.
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The aim of the article is to analyze how liberal political and legal doctrines and the transnational paradigm favor the development and influence of transnational corpora- tions (TNCs). By promoting free markets and minimal state intervention, liberalism and neoliberalism create a globalized environment in which TNCs can thrive. The transna- tional paradigm emphasizes the interpenetration of economies and societies, which highlights the farreaching effects of TNC activities. The article explores the theoretical foundations of these concepts and shows the relationship between these ideologies and the expansion of TNCs. The article discusses the following issues: the theoretical foundations of liberalism and neoliberalism. The research question was asked: What are the key assumptions of these doctrines and how do they influence the shaping of the global economy? The transnational paradigm was analyzed by posing the research question: what does the transnational paradigm mean and what are its implications for the activities of TNCs? On this basis, the impact of liberalism, neoliberalism and the tran- snational paradigm on the activities of TNCs was analyzed. The question was answered: how do liberal doctrines and the transnational paradigm create favorable conditions for the development and expansion of TNCs? Using the analysis of domestic and for- eign literature, the article provides a comprehensive picture of how changes in the global economic order affect the activities of the world’s largest corporations.
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