Suchergebnisse

Dissertation analyses the institution of professional self-government in Lithuanian public law. In Lithuanian legal system self-government organizations should be considered as the expression of civil society, where the state power is decentralized to a certain extent and the right to deal with a number of important issues is granted to citizens. Professional self-government organizations are among the most interesting forms of self- government, which, however, has been the least studied in the Lithuanian legal doctrine. Therefore, they do not have clearly defined (or reconstructed) legal traditions. Professional self-government organizations face new challenges, such as constant change in regulation of their activities, imposed obligations to respect the principle of responsible governance and to ensure freedom of fair competition, and initiatives to restrict and even abolish their right to self-government. The research covers the following aspects: relationship of professional self-government with other forms of self-government, constitutional status of professional self- government, properties defining professional self-government, bodies implementing professional self- government, organizational structure of professional self-government, functions exercised by professional self-government and its financing, the relationship between professional self-government and state institutions, as well as the elements specific to the legal status of professional self-government.

Dissertation analyses the institution of professional self-government in Lithuanian public law. In Lithuanian legal system self-government organizations should be considered as the expression of civil society, where the state power is decentralized to a certain extent and the right to deal with a number of important issues is granted to citizens. Professional self-government organizations are among the most interesting forms of self- government, which, however, has been the least studied in the Lithuanian legal doctrine. Therefore, they do not have clearly defined (or reconstructed) legal traditions. Professional self-government organizations face new challenges, such as constant change in regulation of their activities, imposed obligations to respect the principle of responsible governance and to ensure freedom of fair competition, and initiatives to restrict and even abolish their right to self-government. The research covers the following aspects: relationship of professional self-government with other forms of self-government, constitutional status of professional self- government, properties defining professional self-government, bodies implementing professional self- government, organizational structure of professional self-government, functions exercised by professional self-government and its financing, the relationship between professional self-government and state institutions, as well as the elements specific to the legal status of professional self-government.

Dissertation analyses the institution of professional self-government in Lithuanian public law. In Lithuanian legal system self-government organizations should be considered as the expression of civil society, where the state power is decentralized to a certain extent and the right to deal with a number of important issues is granted to citizens. Professional self-government organizations are among the most interesting forms of self- government, which, however, has been the least studied in the Lithuanian legal doctrine. Therefore, they do not have clearly defined (or reconstructed) legal traditions. Professional self-government organizations face new challenges, such as constant change in regulation of their activities, imposed obligations to respect the principle of responsible governance and to ensure freedom of fair competition, and initiatives to restrict and even abolish their right to self-government. The research covers the following aspects: relationship of professional self-government with other forms of self-government, constitutional status of professional self- government, properties defining professional self-government, bodies implementing professional self- government, organizational structure of professional self-government, functions exercised by professional self-government and its financing, the relationship between professional self-government and state institutions, as well as the elements specific to the legal status of professional self-government.

Dissertation analyses the institution of professional self-government in Lithuanian public law. In Lithuanian legal system self-government organizations should be considered as the expression of civil society, where the state power is decentralized to a certain extent and the right to deal with a number of important issues is granted to citizens. Professional self-government organizations are among the most interesting forms of self- government, which, however, has been the least studied in the Lithuanian legal doctrine. Therefore, they do not have clearly defined (or reconstructed) legal traditions. Professional self-government organizations face new challenges, such as constant change in regulation of their activities, imposed obligations to respect the principle of responsible governance and to ensure freedom of fair competition, and initiatives to restrict and even abolish their right to self-government. The research covers the following aspects: relationship of professional self-government with other forms of self-government, constitutional status of professional self- government, properties defining professional self-government, bodies implementing professional self- government, organizational structure of professional self-government, functions exercised by professional self-government and its financing, the relationship between professional self-government and state institutions, as well as the elements specific to the legal status of professional self-government.

Dissertation analyses the institution of professional self-government in Lithuanian public law. In Lithuanian legal system self-government organizations should be considered as the expression of civil society, where the state power is decentralized to a certain extent and the right to deal with a number of important issues is granted to citizens. Professional self-government organizations are among the most interesting forms of self- government, which, however, has been the least studied in the Lithuanian legal doctrine. Therefore, they do not have clearly defined (or reconstructed) legal traditions. Professional self-government organizations face new challenges, such as constant change in regulation of their activities, imposed obligations to respect the principle of responsible governance and to ensure freedom of fair competition, and initiatives to restrict and even abolish their right to self-government. The research covers the following aspects: relationship of professional self-government with other forms of self-government, constitutional status of professional self- government, properties defining professional self-government, bodies implementing professional self- government, organizational structure of professional self-government, functions exercised by professional self-government and its financing, the relationship between professional self-government and state institutions, as well as the elements specific to the legal status of professional self-government.

Dissertation analyses the institution of professional self-government in Lithuanian public law. In Lithuanian legal system self-government organizations should be considered as the expression of civil society, where the state power is decentralized to a certain extent and the right to deal with a number of important issues is granted to citizens. Professional self-government organizations are among the most interesting forms of self- government, which, however, has been the least studied in the Lithuanian legal doctrine. Therefore, they do not have clearly defined (or reconstructed) legal traditions. Professional self-government organizations face new challenges, such as constant change in regulation of their activities, imposed obligations to respect the principle of responsible governance and to ensure freedom of fair competition, and initiatives to restrict and even abolish their right to self-government. The research covers the following aspects: relationship of professional self-government with other forms of self-government, constitutional status of professional self- government, properties defining professional self-government, bodies implementing professional self- government, organizational structure of professional self-government, functions exercised by professional self-government and its financing, the relationship between professional self-government and state institutions, as well as the elements specific to the legal status of professional self-government.

Dissertation analyses the institution of professional self-government in Lithuanian public law. In Lithuanian legal system self-government organizations should be considered as the expression of civil society, where the state power is decentralized to a certain extent and the right to deal with a number of important issues is granted to citizens. Professional self-government organizations are among the most interesting forms of self- government, which, however, has been the least studied in the Lithuanian legal doctrine. Therefore, they do not have clearly defined (or reconstructed) legal traditions. Professional self-government organizations face new challenges, such as constant change in regulation of their activities, imposed obligations to respect the principle of responsible governance and to ensure freedom of fair competition, and initiatives to restrict and even abolish their right to self-government. The research covers the following aspects: relationship of professional self-government with other forms of self-government, constitutional status of professional self- government, properties defining professional self-government, bodies implementing professional self- government, organizational structure of professional self-government, functions exercised by professional self-government and its financing, the relationship between professional self-government and state institutions, as well as the elements specific to the legal status of professional self-government.

Dissertation analyses the institution of professional self-government in Lithuanian public law. In Lithuanian legal system self-government organizations should be considered as the expression of civil society, where the state power is decentralized to a certain extent and the right to deal with a number of important issues is granted to citizens. Professional self-government organizations are among the most interesting forms of self- government, which, however, has been the least studied in the Lithuanian legal doctrine. Therefore, they do not have clearly defined (or reconstructed) legal traditions. Professional self-government organizations face new challenges, such as constant change in regulation of their activities, imposed obligations to respect the principle of responsible governance and to ensure freedom of fair competition, and initiatives to restrict and even abolish their right to self-government. The research covers the following aspects: relationship of professional self-government with other forms of self-government, constitutional status of professional self- government, properties defining professional self-government, bodies implementing professional self- government, organizational structure of professional self-government, functions exercised by professional self-government and its financing, the relationship between professional self-government and state institutions, as well as the elements specific to the legal status of professional self-government.

Статья посвящена понятию обязательства в публичном праве. В ней рассмотрены различные виды обязательств, их эволюция, приводится классификация обязательств в публичном праве и соотношение понятий «обязательство» и «относительное имущественное правоотношение», особое внимание уделено расходным обязательствам бюджетов бюджетной системы Российской Федерации. Очевидной тенденцией последнего времени в юридической науке и законодательстве стало перенесение цивилистического понятийно-категориального аппарата в сферу публичного права. Одним из ее примеров стало обязательство. В целях научного осознание понятия «обязательство» в публично-правовой сфере рассматриваются вопросы: 1) что следует понимать под публичным правом; 2) являются ли «гражданско-правовое обязательство» и «публично-правовое обязательство» разновидностями единого понятия «обязательство» или их следует рассматривать в качестве самостоятельных понятий, имеющих собственное содержательное наполнение; 3) в чем состоит содержание понятия «обязательство» в публичном праве. Использование такой категории как обязательство в публичном праве не только допустимо, но и необходимо, поскольку общественные отношения, опосредуемые им, не могут обеспечиваться исключительно властными, императивными, конформистскими средствами. ; The article focuses on the concept of obligation in public law. It discusses the different types of obligations, their evolution, classification of obligations in public law and relations between the concepts and the relative commitment property relationship. Special attention is paid to budget expenditure obligations of the Russian Federation budget system. One of the latest trends in the legal science and legislation is the conveyance of the civil law concepts to the sphere of the public law, with the commitment being the example of it. To comprehend the concept of "commitment" in the public-legal sphere, the author considers two questions: 1) what exactly should be understood as the public law; 2) whether the "civil law obligation" and "public law obligation" are only the variants of a single concept – "obligation" or they are totally different with their own independent content; 3) what is the content of the notion "obligation" in the public law. The author considers that such category as "obligation" is necessary to be used in public law, since the public relations, mediated with it, can not be regulated only by authoritative, imperious, conformist means.

Every state may face a bid for protection in embassies or consulates from persons looking for a shelter in dangerous situations to their lives and safety. Even though diplomatic asylum is more peculiar to Latin America region, no State is prevented from such seekers. Practical examples show that diplomatic asylum helped to safe thousands of people in countries where instability of governments exist, during wars or in situations where no other alternative of protection was available. Grant of diplomatic asylum is a problematic issue because it raises question which value should prevail: inviolability of premises or non interference into internal affairs, protection of human rights or sovereignty of State. This master thesis attempts to find out what is the current position of diplomatic asylum in the context of public international law and on what grounds it could be granted in embassies and consulates. For this aim, the thesis is focused on the evolution and main features of diplomatic asylum, on its relation with regional and universal international law instruments, on dominating positions to diplomatic asylum in the case law. International treaties, state practice and various positions of legal writers were analyzed in order to reveal grounds for granting diplomatic asylum. In the States where diplomatic asylum is recognized, it is granted according to the existing legal regulation. In the States where diplomatic asylum is not considered as legal institute, it is granted on humanitarian considerations in order to protect people. The thesis concludes that different attitudes to diplomatic asylum exist regarding international law. For a group of State it is an institute of regional international law while other states tolerate it purely on humanitarian considerations. Despite different approaches of diplomatic asylum in the international law, it can be a means to protect life or safety of a person.

Every state may face a bid for protection in embassies or consulates from persons looking for a shelter in dangerous situations to their lives and safety. Even though diplomatic asylum is more peculiar to Latin America region, no State is prevented from such seekers. Practical examples show that diplomatic asylum helped to safe thousands of people in countries where instability of governments exist, during wars or in situations where no other alternative of protection was available. Grant of diplomatic asylum is a problematic issue because it raises question which value should prevail: inviolability of premises or non interference into internal affairs, protection of human rights or sovereignty of State. This master thesis attempts to find out what is the current position of diplomatic asylum in the context of public international law and on what grounds it could be granted in embassies and consulates. For this aim, the thesis is focused on the evolution and main features of diplomatic asylum, on its relation with regional and universal international law instruments, on dominating positions to diplomatic asylum in the case law. International treaties, state practice and various positions of legal writers were analyzed in order to reveal grounds for granting diplomatic asylum. In the States where diplomatic asylum is recognized, it is granted according to the existing legal regulation. In the States where diplomatic asylum is not considered as legal institute, it is granted on humanitarian considerations in order to protect people. The thesis concludes that different attitudes to diplomatic asylum exist regarding international law. For a group of State it is an institute of regional international law while other states tolerate it purely on humanitarian considerations. Despite different approaches of diplomatic asylum in the international law, it can be a means to protect life or safety of a person.

The present article is devoted to the category, rather new to the civil legislation, "public legal entities" for the first time enshrined in the Civil Code of the Russian Federation four years ago in 2014. The article consides contents filling of the studied category, analyzes the components of the term "public legal entities" and circumstances which have caused the need of its creation and legal fixing for the civil legislation making, carries out classification of public legal entities depending on standardly fixed system of powers of authority of public legal entities. The author gives an assessment to a ratio of terms "state", "municipal" and "public" in the structure of the term public legal entities and also terms "legal entities" and public legal entities. The author states a position that the plurality of the state entities enshrined in the civil legislation — territorial subjects of the Russian Federation and specific variety of municipal units, are of no legal value in civil legal relationship as the competence of separate kinds of municipal entities on to the solution of questions of local and other value which implementation requires the introduction in the civil relations is identical. Beyond the scope of work there were bases of participation of public legal entities in the civil relations regulated by the civil legislation which is caused, first of all, by an object of research. ; Работа посвящена относительно новой для гражданского законодательства категории «публичноправовые образования», впервые закрепленной в ГК РФ в 2014 г. Рассматривается содержательное наполнение исследуемой категории; анализируются составляющие термина «публично-правовые образования» и обстоятельства, обусловившие необходимость его создания и легального закрепления в гражданском законодательстве; осуществляется классификация публично-правовых образований в зависимости от нормативно закрепленной системы властных полномочий публично-правовых образований. Дана оценка соотношению терминов «государственные», «муниципальные» и «публичные» в составе наименовании термина «публично-правовые образования», а также терминов «правовое образование» и «публично-правовое образование». Высказывается позиция, что закрепленная в гражданском законодательстве множественность государственных образований — субъектов РФ и видовое многообразие муниципальных образований не имеет юридического значения в гражданских правоотношениях, поскольку компетенция отдельных видов муниципальных образований по решению вопросов местного и иного значения, для осуществления которых необходимо вступление в гражданско-правовые отношения, одинакова. За рамками работы остались регулируемые гражданским законодательством основы участия публично-правовых образований в гражданских отношениях, что обусловлено прежде всего предметом исследования.

The subject. The legal status of self-regulatory organizations based on the principle of mandatory membership was chosen as the subject of the research.The purpose of the article is to study the features of subjects of administrative law, vested with public powers, and substantiate the possibility of attribution of self-regulatory organizations with mandatory membership to legal entities of public law.The methodological basis for the study: general scientific methods (analysis, synthesis, comparison, description) as well as formal-legal interpretation of legislation and judicial acts.Results, scope of application. Two types of subjects can take part in administrative relations, as a rule: subjects performing public functions and endowed with authority for their implementation, and subjects not endowed with appropriate powers and representing an exclusively private interest. At the same time, the first group of subjects includes not only public-territorial entities, state authorities, but also organizations performing publicly significant functions.The legal definition of a legal entity does not reflect all the features of the legal status of these subjects, that is why the author refers to the concept of a legal entity of public law. Legal entities of public law have a special nature, different from legal entities of private law, since they have the right to make decisions affecting an indefinite range of persons.Conclusions. The analysis of the features of the legal entity of public law allocated in the literature (special legal nature; special social quality; special interests and will; connection with the public power; special way of creation; public-legal character of responsibility) allowed to justify that self-regulatory organizations are the kind of legal entities of public law - organizations performing publicly significant functions. ; Рассмотрены особенности субъектов административного права, наделенных публичными полномочиями. Отмечается, что в указанную группу входят не только публично-территориальные образования, органы государственной власти, но и организации, осуществляющие публично значимые функции, все особенности правового статуса которых не отражаются легальным определением юридического лица. Автор обращается к концепции юридического лица публичного права, обладающего особой сущностью, отличной от юридических лиц частного права, поскольку вправе принимать решения, затрагивающие неопределенный круг лиц. Посредством анализа выделяемых в литературе признаков юридического лица публичного права (особая правовая природа; особое социальное качество; особые интересы и воля; связь с публичной властью; особый способ создания; публично-правовой характер ответственности) обосновывается отнесение саморегулируемых организаций к их числу.

Throughout the XX–XXI centuries, the Russian criminal legislation, along with traditional provisions on instigation, contains norms that provide for independent (outside the framework of complicity) responsibility for public calls for the implementation of criminal activity. The article analyzes the views of the Russian theory of criminal law on the correlation of instigation with public incitement to commit specific criminal acts in the Criminal Code of 1903, counter-revolutionary and anti-Soviet agitation and propaganda provided for by Soviet criminal laws, as well as public calls for criminal activity in the current Criminal Code of the Russian Federation. The existence of these norms in different historical periods is explained primarily by the actual limits (to a greater or lesser extent) of complicity and inchoate crimes. The expansion of the range of punishable acts primarily pursues the goal to protect the existing state system, public order and security. At the same time, the limits of such criminalization and the distinction between incitement and public appeals cannot be determined by a simple technical opposition of their features, but must be established by understanding the very concept of public appeals to commit certain criminal acts. The difficulties observed today in their differentiation are not in the least connected with the changing legislative constructions throughout the century, which predetermines the interest in their historical analysis.

This master thesis analises the dynamics of interpretation of law and public values balanse. Interpretation of law is an important process, because it is the process, where natural law is identified from a legal text. Interpretation of law differs from formal logical actions, because the structure of law includes legal principles and legal norms. Legal principles express certain public values. It is hard to define relation between law and public values, because legal theory doesn't have homologous conception of public values. Interpretation of law appeals to public values, but the perception of it is subjective at the first look, and it is rather hard to deny that statement. It determines confrontation between positive and natural law and that sets a task to define borders of law. But the law cannot be defined as a closed system, because the size of law is constantly changing. It is determined by various categories beyond the law. Law allows identifying itself by using categories that are formally beyond positive law. Law regulates conception of these categories in the area of law by elimination of subjectivity in its interpretation. Commonly critique is pointed to indetermination of legal interpretation process. Public values are a common category, which arise from the society and are evaluated, balanced, objectivised by law as ultima ratio implement regulation of social life. Obligation to do social justice induces judges to evaluate positive law. Backwardness in legislation in the sense of constantly changing social life precludes judge to state the unity of law form and content. Balancing of public values allows protecting underlying public values, which are identified from Constitution. Balancing of public values allows to retain legitimacy of law. In the works of legal positivists the emphasized risk to change regulation of legislator intention is not fairly reasoned. Author emphasizes in this master thesis that the analysis of recent legal practice verificates that law cannot be defined only as a legal text and that a wide-ranging judicial discretion does not determine high risk to emerge manipuliation of legal interpretation methods on subjective purposes, which sometimes coincide with objective purposes of state and society.