La codification du droit international
In: Revista de relaciones internacionales, Issue 88, p. 125-126
ISSN: 0185-0814
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In: Revista de relaciones internacionales, Issue 88, p. 125-126
ISSN: 0185-0814
In: Diálogo político: publicación trimestral de la Konrad-Adenauer-Stiftung AC, Volume 21, Issue 3, p. 11-139
ISSN: 1667-314X
World Affairs Online
In: Cuestiones Políticas, Volume 39, Issue 69, p. 547-563
ISSN: 2542-3185
Due to the development of the information society, countries face the task of effectively regulating the relevant social relations. The mechanisms of such regulation should correspond to the specifics of such relations. Digitization is one of the modern methods of legal regulation, which is the use of information technology at the state level. The existing scientific achievements on digitalization processes need constant improvement, which corresponds to the specifics of this field. The object of research is digitalization in law in the light of international experience. The article aims to study and analyze digitalization in law in the international legal aspect. The following methods were used during the study: systemic, systemic-functional, comparative, sociological, analysis, synthesis, analogy, observation, classification, and statistical analysis. The article analyzes the phenomenon of digitalization, identifies the main approaches to understanding it. On the example of international experience (such countries as France, Germany, Italy, Georgia, Greece, and Great Britain), the mechanisms of using digitalization in public administration are determined, the legal regulation of informatization is analyzed. Also, based on the study and analysis of doctrinal teachings of international information experience, it is proposed to improve the domestic legal mechanism to ensure the effective functioning of public relations.
In: Cuestiones políticas, Volume 39, Issue 70, p. 139-152
The article examines the special role of the Prosecutor of the International Criminal Court in strengthening the international legal order. This analysis was carried out through the prism of the study of certain issues: the concept of "Prosecutor of the International Criminal Court" and his place in the system of international criminal justice; the powers of the Prosecutor at certain stages of the proceedings in the International Criminal Court; the principles of strategy and priority in the activities of the Prosecutor. Historical, system-structural, analysis and synthesis, comparative legal, formal-legal, and formal dogmatic methods were used in the research. In the article was made conclution that that the Prosecutor of the International Criminal Court has a preventive effect on international crimes, because the work of the Prosecutor of the International Criminal Court is aimed not only at punishing perpetrators of international crimes, but also at preventing the commitment of such crimes in the future. It is emphasized that such activities of the Prosecutor ultimately have a positive effect on strengthening the international legal order.
In: Religación: revista de ciencias sociales y humanidades, Volume 4, Issue 22, p. 169-177
ISSN: 2477-9083
The present research focuses on arbitration, which seeks to examine the advantages and disadvantages of third party funding(TPF) and its differences with other forms of financial interference and determines who can act as an investor. The result of this research is that third party funding has disadvantages and advantages that in general, its advantages are dominated due to the difference in volume of funding, and investors in this area can be lawyers, insurance companies or any other person who is not prohibited by law and can be simulated and executed under the Article 10 of civil law.
In: Revista mexicana de política exterior: publicación cuatrimestral del Instituto Matías Romero de Estudios Diplomáticos, Issue 94, p. 217-221
ISSN: 0185-6022
In: Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, Issue 111, p. 25-31
The purpose of this article is to clarify the system and a thorough analysis of the sources of international legal regulation of working time. Dur- ing the study a number of methods have been used, namely: the formal-logical method has been used for the classification of sources of interna- tional legal regulation of working time and relevant international agreements; the system-structural method and the synthesis method – for the analysis of the provisions of the EU Directive 2003/88/EC on certain aspects of the organization of working time, as well as the formal-dogmatic and modeling method – for providing recommendations on the harmonization of national legislation with to the relevant Directive.
This study analyzes the system of international legal regulation of working time, which is a complex orderly set of international treaties, EU leg- islation and ECHR practices that underpin fundamental principles and international labour standards in the field of working time. The scientific work presents the classification of sources of international legal regulation of working time for: 1) international agreements; 2) EU legislation; 3) ECHR practice. Since most of the sources of international legal regulation of working time are international treaties, it is proposed to classify them accord- ing to the entities within which the following treaties are concluded: 1) treaties within the UN; 2) treaties within the Council of Europe; 3) treaties within the ILO; 4) treaties within the EU. ILO treaties are proven to be crucial in the area of international legal regulation of working time, as the ILO is an international organization, a specialized UN agency, established to support international cooperation in peacekeeping around the world and to reduce social injustice at the expense of improving workingconditions.
First of all, for the qualitative perception of the provisions relating to international legal regulation of working time, it is necessary to define the con- cept of "international labour standards", which is applied in the framework of the ILO activities. International labour standards are legal instruments developed by the ILO (taking into account the principle of tripartite representation – governments, workers and employers) that set out the fundamental principles and rights in the field of labour. The main forms of consolidation of such standards are ILO conventions and recommendations.
The provisions of sources of international legal regulation of working time are studied, attention is paid to their peculiarities and specificity. A number of recommendations have been made to further implement the provisions of Directive 2003/88/EC on certain aspects of the organization of working time in national labour law. In particular, it is established that this Directive establishes minimum safety and health requirements for the organization of working time and applies to: minimum periods of daily rest, weekly rest and annual leave, as well as breaks and maximum weekly working hours; some aspects of night work, shift work and workarrangements.
In: Cuestiones políticas, Volume 41, Issue 77, p. 324-334
The objective of the research was to consider the forms of protection of the rights of individuals in administrative proceedings. The methodological basis used is presented as: comparative-legal and systematic analysis, formal-legal method, hermeneutic method, as well as methods of analysis and synthesis. Everything allows to conclude that, in order to clarify the issue of compliance of methods for judicial protection of the rights of individuals, provided by the Code of Administrative Procedure of Ukraine, with the criteria of a rule of law and the needs of establishing at each moment the rule of law in concrete reality, the assessment of provisions of the legislation on administrative procedures of: Azerbaijan, Georgia, Estonia, Latvia, Poland, France and the Federal Republic of Germany. Finally, it has been established that administrative courts in Ukraine have significant human rights powers to make decisions on recovery of funds from an authority to compensate for the damage caused by its unlawful administrative act, if such a claim is filed simultaneously with the application for recognition of such act as unlawful.
In: Cuban studies: Estudios cubanos, Issue 23, p. 33-47
ISSN: 0361-4441
La desaparicion del campo socialista ha tenido efectos significativos sobre la economia cubana. La estrategia actual para enfrentar el desbalance financiero externo - desarrollo del turismo y fomento de las exportaciones tradicionales y de nuevos renglones - solo podra compensar parcialmente el impacto negativo de las cambiantes relaciones economicas con los paises socialistas. Sin embargo, Cuba tiene la capacidad para resistir la crisis economica actual y para reanimar la economia, siguiendo los acuerdos que fueron adoptados por el IV Congreso del Partido Comunista de Cuba. (Cuban Studies/DÜI)
World Affairs Online
In: Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, Issue 108, p. 26-31
Currently, in Ukraine there is increase of process of labour migration of Ukrainian citizens abroad. In connection with what there is necessity of proper regulation of labour activity of migrant workers, implementation of measures to comply with international legal standards in the field of labour, implementation of measures regarding increase of the level of social protection of Ukrainian citizens traveling abroad and in case of their return from abroad.
The methodology is based on the general scientific dialectical method of cognition. Also, number of scientific methods were used. Legal regulation of labor migrants from Ukraine abroad was considered due to methods of analysis and synthesis. The directions of improving legal regulation of labor and social protection of migrant workers were identified by using structural and logical methods. Forms and methods of formal logic were widely used in the work: concepts, definitions, proofs, judgments, analogy, comparisons, generalizations, et
The aim of the article is to explore the mechanism of legal regulation of labour of migrants workers and identify ways of increase the level of social protection of Ukrainian citizens who are migrants workers. To achieve the goal the author analyzed the most important international legal acts that regulate legal migration. In the article the concept of migrant worker was analyzed and identified what kind of migrants is included to migrant worker. Particular attention is paid to analyses of bilateral agreements concluded by Ukraine with other countries on the employment and social protection of migrants. Content was determined of the employment contract and its role in regulating the legal relations of migrant workers with foreign employers. The basic guarantees of social protection of migrant.
In the article the author determined the necessity Ukraine joins to the main international conventions that regulate labor migration issues, the provisions of which should be the basis for the legal regulation of labor migrants' activity and ensuring their rights are respected. The necessity to conclude bilateral interstate agreements on regulating the employment processes of Ukrainian citizens abroad, guarantees that arise in the course of labor activity of migrant workers and social security issues, was determined. First of all, such agreements should be concluded with the countries with the highest number of migrant workers.
In: Cuestiones Políticas; edición de julio de 2022, Volume 40, Issue 73, p. 364-376
ISSN: 2542-3185
Today, sport is one of the most developed and highly profitable industries. According to various sources, the annual revenue of industry participants is estimated at at least $145 billion. The article analyzes the relevant international anti-corruption legal acts. We would like to emphasize that the adoption of these documents and the ratification of most of them is an important step in the fight against corruption in sport. At the same time, most of these international standards are aimed at combating corruption, that is, they offer active and punitive measures to combat it. Instead, the authors insist on the priority of preventive measures against corruption. The author's classified approach to measures to combat corruption in sport is proposed. It is concluded that the first step should be to combat corruption in international sports organizations. The effectiveness of anti-corruption measures in this area depends mainly on the transparency of their activities. Another area of corruption in sport is determined to be grassroots corruption. The oldest form of corrupt sport is that which arises spontaneously during competitions between two participants or two teams.
In: Cuestiones Políticas; edicion enero-junio de 2022, Volume 40, Issue 72, p. 125-144
ISSN: 2542-3185
Based on the analysis of theoretical developments, provisions of current legislation, generalizations of police practice and through the scientific method and philosophical refelexion, the article reveals the essence of the legal regulation of the police at the international level. The experience of democracies developed in the field of legal regulation of police activities has been studied to improve the execution of law enforcement functions by the Ukrainian National Police. To harmonize national legislation in the field of management in police forces and units with international standards, proposals were made to improve the legal regulation of the activities of the Ukrainian National Police. The common characteristics of police structures in the countries of the Roman-Germanic legal family have been revealed. In conclusion, it is based on the desirability of adopting the Polish experience of structuring and legal regulation of the police forces, without giving them paramilitary features. It is argued about the advisability of defining in the Regulations of the National Police the main tasks related to the provision of police services.
In: Cuestiones Políticas, Volume 37, Issue 65, p. 217-229
ISSN: 2542-3185
The purpose of the article is to focus on the need to strengthen the interaction of the law enforcement agencies of various states, highlighting the role of financial institutions in this process, to find optimal ways to improve international cooperation. The study is based on the methods of systemic and critical analysis, as well as a formal logical method. The article confirms that the need to strengthen international cooperation is explained by the existence of certain factors that determine the possibility of money laundering. It has been established that without adequate cooperation between law enforcement agencies and financial institutions at the national level, it is quite difficult to detect crime and prevent money laundering at the initial stage. As a conclusion of the investigation, it is proposed to develop a methodology for the interaction of the law enforcement agencies of several states to counteract money laundering. The results obtained can also become the basis for developing legislative proposals to improve international cooperation in law enforcement and, at the same time, they can be used to increase the efficiency of their anti-money laundering activities.
In: RVAP 70; Revista Vasca de Administración Pública / Herri-Arduralaritzarako Euskal Aldizkaria, Issue 70, p. 439-446
ISSN: 2695-5407
In: Análisis político: revista del Instituto de Estudios Políticos y Relaciones Internacionales, Issue 39, p. 105-106
ISSN: 0121-4705