Participation Rights Research Articles

Determining the amounts of membership interests in the charter capital of a limited liability company as an appropriate way to protect the rights of the member through legal proceedings

In the modern context of corporate law, the study of the effectiveness of the protection of corporate rights of participants in limited liability companies (hereinafter – LLC) is an extremely relevant topic for research. Limited liability companies are the most common organisational and legal form among legal entities for conducting business activities in Ukraine, especially at the levels of small and medium- sized businesses. In this regard, the legislative regulation should be based on accessible and reliable mechanisms for protecting the rights and interests of participants, and quick and fair resolution of internal conflicts that may threaten the viability of the business. The processes of state registration of information about limited liability companies are defining components of the transparency of business activities of this type of legal entity. The article focuses on the importance of the unity of law enforcement practice and legal positions of commercial courts in consideration of corporate disputes, which is an important factor for the protection of property rights, stimulation of investments, and ensuring the stability of the corporate sector of the economy. The legal positions of the Supreme Court regarding the exhaustive list of ways to protect the rights of an LLC member have been explored. It is noted that to protect the rights of members of limited liability companies in cases where their corporate rights have been violated, it is important to consider the provisions of part 5 of article 17 of the Law of Ukraine “On State Registration of Legal Entities, Individual Entrepreneurs and Public Organisations”. An analysis of judicial decisions reveals controversial issues regarding the application of the provisions of this Law. Within this article, an assessment of the effectiveness of current mechanisms for protecting corporate rights is provided, opportunities for their improvement are identified, and recommendations for improving legislative regulation and judicial practice are developed. Special attention is paid to the analysis of ways to protect the rights and interests of participants in the context of state registration of changes to the charter capital and the amounts of membership interests, as well as the assessment of the proportionality and adequacy of the applied measures.

Beyond liberal justice? Decolonising Colombian transitional justice through victims’ participation and indigenous rights

ABSTRACT Transitional justice is a particular approach to justice for periods of transition to peace and democracy. It has been standardised in handbooks by profiling experts, often from the Global North, with meagre local participation in practice. It is criticised for having a liberal conception of justice that reproduces forms of structural discrimination against ethnic peoples. The Peace Agreement between Colombia and the FARC-EP signed in November 2016 addresses this criticism through a System for Truth, Reparation, and Guarantees of No-Repetition that includes a Special Jurisdiction for Peace (JEP) that must impose sanctions following a dialogical process with victims. The tribunal requires their participation to determine how perpetrators must repair the damages caused during the armed conflict. When victims belong to ethnic groups, their participation has influenced the tribunal to make decolonising decisions. In a ground-breaking process, the JEP incorporated indigenous perspectives into its justice procedures, acknowledging the role of the Territory to ethnic groups and officially recognising it as a living being that is a right-bearer that deserves reparations. This article analyses the achievements of such a process and underlines some challenges. From a practical perspective, it contributes to broader debates regarding indigenous rights and victims’ participation in transitional justice.

On the issue of the introduction of information and telecommunication technologies in criminal proceedings

Assessing the development of Russian criminal procedure science in modern conditions of digitalization, the author seeks to understand what impact the use of information and telecommunication technologies can have on the development of criminal proceedings, ensuring human and civil rights and freedoms. Discussing the threats of the rapid implementation of IT technologies by the criminal community, it is concluded that it is necessary not only to counter criminal encroachments, but also to digitalize criminal procedures through the introduction of electronic criminal proceedings, electronic interaction of subjects of criminal prosecution with individuals and legal entities using cyberspace (messengers, information platforms), and the use of video conferencing. Attention is focused on an integrated approach to the formation of an information society and scientific and technological development, and some aspects of this approach are presented, implemented in the educational and scientific activities of the Moscow Academy of the Investigative Committee named after A.Y. Sukharev. Using the example of the investigator’s exercise of the right to appeal against the prosecutor’s decisions using information and telecommunication technologies, the author’s position on optimizing the timing of the preliminary investigation, procedural control, prosecutorial supervision and taking response measures aimed at protecting the rights of participants in criminal proceedings is argued. Considering legislative measures for the digital transformation of criminal procedure law, the author comes to the conclusion that they are aimed at improving criminal proceedings by introducing a new form of proceedings, simplifying the work of subjects of criminal prosecution, and providing additional guarantees to «non-professional» participants in criminal proceedings by ensuring their access to justice .

Small Opposition Parties in a Westminster System: How Did the COVID-19 Pandemic Affect Participation, Decision-Making and Oversight in the UK House of Commons?

Opposition parties are a key feature of parliamentary democracies, but their participation rights differ markedly. In the UK House of Commons, the institutional operation of the Westminster model facilitates a marked distinction between the rights afforded to the Official Opposition party compared to smaller opposition parties. During times of crisis, these Westminster model dynamics can shift, impacting opposition rights. This article uses a case study of the COVID-19 pandemic to assess institutional inequalities across opposition party groups. Drawing on an analysis of over 4000 contributions to parliamentary debates and interviews with MPs, we examine the pandemic’s impact on the roles of opposition parties beyond the Official Opposition. We find that the pandemic initially generated unprecedented cooperation between the government and small opposition parties but that this was short-lived. In the long term, the pandemic exacerbated existing institutional barriers and the size and geographical concentration of small opposition parties in the devolved nations brought disproportionate participation and oversight barriers. This suggests the need to guarantee formal opposition rights within Westminster systems beyond the Official Opposition party to ensure that all political parties have the capacity to carry out their functions during times of crisis.

The format of public events in modern Russia

The subject of the study is the analysis of legal norms in the organization and conduct of public events. When preparing for meetings, rallies, demonstrations, marches and picketing, the legislation provides for restrictions in order to maintain public order, preserve moral values and protect the interests of citizens. In this regard, the organizers coordinate the permissible number of participants, time, place, purpose of the event with the executive authorities of the subjects or local governments, from which reasonable proposals may be received, about any change, in order to ensure public order and protect the rights of participants in the event. At the same time, it is important to take into account the trend of recent years aimed at holding public events in an online format, in this regard, the main purpose of the study is to substantiate the need for regulatory consolidation of events in a digital format. The research methods are based on a wide application of general methods (generalization, observation), general scientific (systemic and logical), private scientific (sociological and historical) and special (comparative legal and formal legal). Special research methods were mainly used in studying the limits of restrictions during public events. The authors conclude that serious complex restrictions, initially caused by the COVID-19 pandemic, and then by the beginning of a special military operation, led to the use of an online format for public events. This entails amendments to the Federal Law "On Assemblies, Rallies, Demonstrations, Marches and Picketing" and the consolidation of a number of conditions: firstly, to provide for an online format for holding public events using digital technologies; secondly, to consolidate the requirements for holding digital events (including the choice of an online platform) and mandatory early coordination of the actions of the organizers with the executive authorities of the subject or local governments; thirdly, to introduce administrative liability for violation of the established procedure for organizing or holding a digital public event.

Illusions of labor law: delusion or reality?

In modern legislation there are many legal illusions, arising both systematically, for the development of society and the state, and spontaneously as reactionary measures to certain social circumstances (pandemic, sanctions). There are also legal illusions in labor law. Identification and classification of legal illusions will improve labor legislation. The article defines the role of legal illusion as an element that constitutes a new social reality. The key doctrinal approaches to the understanding of legal illusion are analyzed. It is proposed to distinguish target illusions, which in turn are divided into illusions and simulacra. Legal simulacra in the process of implementation entail distortion of legal reality, conflicts and violations of the rights of participants of social relations. The implementation of certain provisions of the Labor Code of the Russian Federation is considered as examples of legal illusions and simulacra.

The Adultcentrism Scale: A Potential Contributor to Advancing Children’s Participation Rights in Nordic Contexts

The question that the authors of this article are collectively concerned with is as follows: how is it possible to protect children without disempowering them? To this end, the authors work to change adultcentric scholarly and social norms that justify rationales that marginalize children. The article begins with a theoretical overview of childism, in its transformative sense, with special attention to how childism relates to intersectional analyses. In doing so, age is highlighted as an axis of marginalization with reference to adultcentrism. After that, the centrality of analyzing and problematizing adultism in educational research and practice is discussed. The discussion is followed by a presentation of the published results of ‘The Adultcentrism Scale’ research tool developed at the University of Bergamo and the University of LUMSA-Rome. The research tool is used to evaluate the presence of adultcentric bias in adults in relation to children and can be helpful to understanding the psychological dimensions of educational relationships. Finally, the conclusion offers suggestions for how the research tool might be a useful example to raise awareness of adultcentric bias, promoting reflections that can lead to age-inclusive transformations. Overall, then, the article initiates a pertinent dialogue for advancing children’s participation rights in Nordic research and society.

Юридические гарантии реализации принципа равенства граждан перед законом и судом в уголовном судопроизводстве Российской Федерации

The article delves into the analysis of the constitutional principle of equality of all before the law and the court. The relevance of this topic is due to the problem of contradictions that have arisen between the normative and law enforcement position in implementing the principle of equality. In this regard, the author considers it para-mount to address the issue of creating special guarantees that ensure the foundational idea of equality for all before the law and court. It seems that the development of a system of guarantees for the implementation of the analyzed constitutional principle in the provisions of the current Criminal Procedural Legislation of the Rus-sian Federation will serve as a support for ensuring access to justice in criminal cases. It’s worth mentioning that the principle under consideration was reflected and actively applied in ensuring the rights of participants in criminal proceedings, according to the edition of the Criminal Procedure Code of the RSFSR. The author exam-ines various approaches to formulating the definition of “guarantees” in terms of implementing the researched principle and provides recommendations to eliminate the existing contradiction between legislation and prac-tice.

Інтелектуальна власність та індустрія моди: особливості правового регулювання

The article examines the issues of development of legal regulation of intellectual property through the prism of the use of intellectual property in the fashion industry. The author identifies the main body of legal acts regulating the enforcement of intellectual property rights. Attention is paid to the issues of intellectual property rights enforcement in the fashion industry, as well as to the specifics of international legal protection of the rights of fashion industry entities. It is emphasized that harmonization of EU and Ukrainian legislation is a key step towards the regulation of intellectual property rights in the fashion industry. The issue of bringing both Ukrainian fashion industry legislation and intellectual property legislation in line with EU legislation is relevant. The author analyzes the retrospective of the development of legislation and relations in the fashion industry, as well as the system of regulations in the field of intellectual property. The author makes a comparative legal analysis of these areas with due regard for changes in the legislator's position. The protection of intellectual property rights in the industry is undoubtedly related to historical, political, economic, legal, social and cultural factors. Applying a retrospective approach to this issue, it is possible to characterize the history of the formation and development of intellectual property rights protection in the fashion industry. The rather active development of the fashion industry after Ukraine gained independence led to a corresponding change in the legislative field. Relations in the fashion industry developed particularly rapidly after the 2000s. This necessitated the legalization of a number of legal relations. Today, this area is changing dramatically, gaining momentum not only in Ukraine but also in the world as a whole. This situation requires the development of more and more effective mechanisms for the legal regulation of intellectual property in the fashion industry. The current state of the copyright system differs from country to country, but there are certain general principles that are ensured in all countries. In particular, the main feature of copyright in all countries is that copyright arises from the moment of creation of a work and does not depend on the fact of registration of intellectual property rights to a work (in our case, a fashion product) or any other special registration thereof, as well as on the fulfillment of any other formalities. The author identifies the main legal acts that affect the development and distribution of the fashion industry. The author also analyzes in detail certain court cases in the fashion industry. A comparative legal analysis of Ukrainian legislation and European regulations in the field of protection of the rights of fashion market participants is made. The author also identifies the main challenges and obstacles to the development of the fashion industry in Ukraine.

Regulation of the institute of concepts in the active criminal procedure code of Ukraine

The article examines the issues related to the procedural institute of participation of concepts in criminal proceedings, its appearance, development and legislative regulation at different historical stages. It is noted that since its origin, this institution of procedural law has been observed as a guarantee of ensuring the rights and interests of participants of investigative actions against harassment by the investigating authorities. A number of procedural rules which contain information on the participation of concepts in pre-trial proceedings allow us to conclude that the institute of witnesses is present in the current Code of Criminal Procedure.
 The authors analyse the opinions of scientists on the viability of keeping the institute of concepts in the current CPC, due to the modern technical opportunities for objective and complete fixation of the course and results of the investigative action. The authors conclude that the legislator has a reasonable attitude to the use of the traditional institute of concepts and the use of modern technical devices for recording investigative actions. The authors note that keeping the institute of concepts in the current CPC of Ukraine requires further regulation. The classification of a concept as a participant in criminal proceedings requires appropriate modifications to the CPC and an independent article among other participants in criminal proceedings. It is proposed to define this participant in the process in the relevant provision, indicating his procedural status (list of rights and obligations), the range of persons who cannot be involved as witnesses, and the right of participants to the investigative action to challenge the concept.
 Based on the analysis of scientists’ opinions, doubts are expressed about the ability of concepts to create conditions for an objective and, moreover, proper proceeding of the investigative action, to ensure the legality of its performance. In most cases, witnesses are random persons who are not interested in the case. The author analyses the proposals of scientists regarding the competitive recruitment by local self- government authorities of individuals who are trustworthy and passing their lists to law enforcement authorities for the purpose of engaging concepts. The authors justify the proposals for further regulation of the institute of concepts.

Динамика обязательства вследствие его оспаривания одной из сторон

The dynamics of the obligation as a result of its contestation by one of the parties. The article is devoted to the study of the legal consequences of challenging an obligation. In order to designate the considered basis for changing the binding relationship, the terminology «violation of the implicit imperative» should be used, thereby emphasizing the threat of violation of the rights (legally protected interests) of participants in civil turnover. As a legal fact, a challenge entails the appearance of: in the content of a subjective right or legitimate interest — establishing (ascertaining) and transformative (constitutive) protective powers, in the content of a duty — protective debtor powers to object.

Interdisciplinary Aspects of the Introduction of Virtual Reality Technologies in Court Proceedings

Modern law is closely interrelated with the active development of high technologies. Judges, prosecutors, lawyers, as well as other participants of court proceedings are gradually introducing elements of digitalization into their activities. In some countries, neural networks are already being used to help the judge in making a decision in the case under consideration, and also consider court cases in the metaverse. However, any high-tech tools that are easy enough to integrate, for example, into the business sphere, are introduced into law with certain restrictions. They include normative and legal regulation, technological solutions, and digital literacy of the population. However, even all these conditions being provided, the consideration of civil and criminal cases in virtual reality is quite a difficult task. Jurisprudence traditionally remains one of the most conservative institutions, extremely reluctant to introduce high technologies. This paper, taking into account the experience of the courts of Colombia in the consideration of cases in the metaverse, elucidates technical and legal aspects of the introduction of virtual reality technologies in the consideration of civil and criminal cases by Russian courts. The authors analyze the implementation of the principles of legal proceedings, the rights of participants, identity verification and the flow of information.

Возмещение расходов на оплату услуг представителя: трансформация подходов

The article is devoted to changing approaches to reimbursement of court costs for the services of a representative in arbitration proceedings. Analyzing the changes in civil legislation and law enforcement practice, the authors come to the conclusion that the introduction of future requirements into civil circulation makes it possible to strengthen the guarantees of judicial protection of the rights of participants in the arbitration process and contribute to the development of a system of qualified legal assistance in this area.

Declaration of Helsinki: ethical norm in pursuit of common global goals.

The World Medical Association's Declaration of Helsinki is in the process of being revised. The following amendments are recommended to be incorporated in pursuit of the common goal of promoting health for all. 1. Data-driven research that facilitates broad informed consent and dynamic consent, assuring participant's rights, and the sharing of individual participant data (IPD) and research results to promote open science and generate social value. 2. Risk minimisation in a placebo-controlled study and post-trial access to the best-proven interventions for all who need them. 3. A future-oriented research framework for co-creation with all the relevant stakeholders.

Злоупотребление процессуальными правами и реализация дискреционных прав властными субъектами в досудебном производстве: понятие и соотношение

In the course of pre-trial proceedings, government entities are authorised to carry out procedural actions and make decisions, most of which are determined as a result of an assessment of the sufficiency of the grounds and conditions for this, based on internal conviction. Sometimes the discretionary rights of such participants are difficult to assess from the point of view of the validity and sufficiency of the information (evidence) available in the audit materials or the criminal case. This leads to appeals against the actions and decisions of officials as having been carried out with abuse of procedural authority. But can this right be abused? To answer this question, it is necessary to clarify the essence of abuse of procedural rights and determine their relationship with discretionary ones. In the course of the study, by analysing the available approaches and practices of applying the norms of the Criminal Procedure Code, it is concluded that an intentional dishonest act under the guise of the exercise of one’s procedural rights by a government entity, excluding the subsequent proper exercise by other participants in criminal proceedings of their procedural rights or their procedural duties within a reasonable time, should entail procedural, disciplinary or criminal liability depending on the consequences and be regarded as abuse. Abuses of the right by the prosecutor and the person in charge of the criminal case to timely grant the status of a participant, to charge, to cancel procedural decisions, during investigative actions, and when choosing measures of criminal procedural coercion have been identified and considered in relation to discrete powers. Some ways to overcome such abuses are presented.

Complicating ‘Voice’ and ‘Choice’: The Role of Child Life Specialists in Shaping Children’s Health Care Participation Rights in the Netherlands

Despite a growing trend towards the recognition of children’s participation rights, many children are not provided with adequate opportunities to participate in decision-making regarding their health and healthcare. Child life professionals, as members of the pediatric team, are often poised to promote children’s rights - in particular, the participation rights of hospitalized children. However, a lack of research exists on the role of child life professionals in shaping children’s participation rights. This paper reports on central findings from a qualitative study exploring the experiences of child life professionals with children’s participation in decision-making in pediatric hospitals in the Netherlands. Semi-structured interviews were conducted with two groups of participants, child life professionals (n = 12) and hospital directors (n = 5), and 17 pertinent legal, institutional, and professional documents were analyzed. The findings shed light on various complexities in shaping children’s participation rights. While child life professionals and directors associated value and importance to children’s participation, children’s involvement in decision-making were shaped by adult-dominated and (age-based) developmental discourses. Implications for the field of child life and broader pediatric healthcare policy developments are discussed.

International protection of the rights of participants in hostilities.

International protection of the rights of participants in hostilities.

A rights-based exploration of children’s pedagogic voice in the classroom

ABSTRACT The concept of ‘pedagogic voice’ emphasises the capacity of children to express their views on matters related to teaching, learning and curriculum. ‘Pedagogic voice’ aligns with children’s rights to be listened to and the extent to which their views are fully considered and acted upon. Combined, these rights based approaches positively shape children’s learning experiences. This paper draws on quantitative and qualitative data from the longitudinal mixed methods cohort study Children’s School Lives to explore children’s voice. Grounded in the sociology of pedagogic voice literature and building upon research on children’s participatory rights, the paper explores children’s experiences of being heard and actively participating in decision-making processes in diverse primary school settings in Ireland. It analyses children's voice by looking at their capacity to influence their own learning, contrasting their experiences and perspectives, to those of their teachers. Findings illustrate the interplay between children’s and teachers’ narratives regarding children’s voice and their pedagogical encounters to explore the impact on teaching and learning processes, highlighting structural challenges to the realisation of children’s voice in primary classrooms in Ireland.

Information Placement in Notarial Registries: Issues with Evaluating the Actions of Participants

Within the framework of improving legislation, the Federal Notary Chamber has been entrusted with the responsibility of maintaining a registry of notifications regarding the pledge of movable property and the cancellation of powers of attorney executed in simple written form. It should be noted that these changes have a positive impact on civil transactions. However, there are specific questions regarding the procedure for their implementation. The main issue is that neither the notary nor the person posting the relevant information about the pledge or cancellation of powers of attorney is held responsible for the accuracy of the information, which allows for the possibility of abuse. In defining the purpose of this research, attention should be paid to the evaluation and analysis of the procedural and legal aspects of maintaining the aforementioned registries, identifying specific cases of abuse of rights by individuals posting information in the respective registries. This necessitates finding a solution to the stated problem, namely: clarifying the procedure and limits of actions for the parties involved in the relevant legal relationships in order to prevent the possibility of their misconduct. The research is based on general scientific methods of cognition and legal hermeneutics. During the analysis of current legislation and legal practices, it has been determined that in the existing reality, there is a possibility of abuse by individuals posting information in notarial registries regarding the cancellation of powers of attorney and the registry of notifications about pledges. The legislation does not provide indications of sanctions against individuals who violate the prescribed registry procedure. The presumption of notification from the moment the information is posted in the registry by an interested party, despite possible errors that compromise the accuracy of electronic search or distortions in the information, which prevent proper identification of the sought-after object, leads to violations of property rights of participants in civil transactions.

How interpreting influences defendants’ participation: a discursive study of zero renditions and non-renditions in court interpreting

Abstract The inquisitorial feature of Chinese criminal trials requires active participation from defendants in courtroom interaction. To fully participate in the trial proceedings, defendants who cannot speak the language of the court have to rely on the language support offered by interpreters. Court interpreters are expected to facilitate language minorities’ participation and communication in the proceedings, but their mediation changes the dynamics of courtroom interaction. This paper aims to explore how the use of interpreting impacts the participation status of English-speaking defendants in Chinese criminal trials. Adopting participation framework as the primary analytical tool, drawing upon discourse analysis of seven authentic recordings of bilingual trials and fieldwork observations, this study empirically shows that as a result of zero renditions and non-renditions in the triadic communication, the participation role of the defendant changes from being a direct addressee to the position of a non-participant, which results in them a marginalised status. The role alteration, which is associated with the court interpreting practice, including the sole use of consecutive interpreting, puts the defendant at a disadvantage, undermining their participation rights in the trial proceedings. In a way, the defendant becomes a de facto stand-by participant in the interpreter-mediated courtroom interaction.