Suchergebnisse

In this first full-length study of legal monism, Paul Gragl advocates for the revival of legal monism as a solution to normative conflicts between different bodies of law. Using comprehensive and inter-disciplinary arguments, this book defends the theory against dualism and pluralism.

The article is devoted to analysis of international law and norms of the operating civil legislation of Ukraine, which regulates the order of removal of a child from the country of permanent residence. The content of the principle of the best interests of a child identified a number of issues, which in practice can lead to the adoption of unreasonable decisions to return a child from abroad. Separately stated that the child should grow up in conditions of care and responsible parenting in an atmosphere of love, moral and material security; juvenile children, except when there are exceptional circumstances, should not part with their parents. The article analyzes the issues that arise, when the court is considering the cases of "the return of the children", when some courts mistakenly determine the jurisdiction of the following categories of cases, not paying attention to the fact that the court may consider the case both at the location of the defendant and the child, and at the location of the Ministry or its territorial bodies (alternative jurisdiction). The attention is paid to the fact that an important issue in the consideration of this category of cases about the return of a child is too long, in accordance with international law. These things are subject to quick consideration, in practice, there is a violation of the reasonable time of proceedings. Ukraine became party to the Convention on the civil aspects of international child abduction, has made a commitment to take all necessary measures to join the international cooperation mechanism that allows to solve questions of the organization in an orderly and rapid return of illegally removed or retained children, who have suffered from the consequences of wrongful conduct of one of parents or other family members, actions, which violated the rights of parents regarding child care, because the immediate return of the child allows to protect his\her rights and to prevent the infliction of moral harm and suffering

The paper intends to highlight the main ideological pillars of the work in progress in EU criminal repression, as expressed in: (a) the founding treaties, (b) their promotion via EU-introduced criminal law, and (c) the case-law produced by the ECJ in its competence to interpret EU criminal law throughout its implementation. To serve this purpose, the presentation focuses on two key fields of EU interventions: penalizing fraud against the Union's financial interests and terrorism. The research confirms both the supremacy of an EU ideology of aggressive self-protection by means of criminal law, which promotes a purely economistic policy without limits outlined by the rule of law, and an ideology of security endorsing a contemporary pre-preemptive criminal law which leads to the penalizing of thought and mass-monitors EU citizens. ECJ's reactions against this endeavor are sometimes detectable, albeit not a solid given. However, an essential monitoring of the Union law's punitive ideological deviations requires support from both member states and their judiciaries. ; The paper intends to highlight the main ideological pillars of the work in progress in EU criminal repression, as expressed in: (a) the founding treaties, (b) their promotion via EU-introduced criminal law, and (c) the case-law produced by the ECJ in its competence to interpret EU criminal law throughout its implementation. To serve this purpose, the presentation focuses on two key fields of EU interventions: penalizing fraud against the Union's financial interests and terrorism. The research confirms both the supremacy of an EU ideology of aggressive self-protection by means of criminal law, which promotes a purely economistic policy without limits outlined by the rule of law, and an ideology of security endorsing a contemporary pre-preemptive criminal law which leads to the penalizing of thought and mass-monitors EU citizens. ECJ's reactions against this endeavor are sometimes detectable, albeit not a solid given. However, an essential monitoring of ...

The aspect of criminal law in intellectual property rights, especially Industrial Design, is one of the legal aspects that is less well known in the community and among business people. This problem occurs because there is still a lack of socialization about the existence of Law No.31 of 2000 concerning Industrial Design. The lack of understanding of business people on industrial design rights, improper treatment of industrial design by industrial design owners in this case business people in Indonesia, which causes the design information to be transformed into public domain, which on the contrary is detrimental to industrial design owners. The absence of an effective mechanism to socialize industrial design laws carried out by the government, even though the Law has been effectively implemented. Keywords: Criminal Law, Protection, Industrial Design