Provisions Of Paragraph Research Articles

Несовершеннолетние участники корпораций

Children, in accordance with the provisions of Article 60 of the Family Code of the Russian Federation, may have property on the right of ownership, as well as have other rights, in the implementation of which they are assisted by their parents as legal representatives. The child may also be the owner of corporate rights. Traditionally, the right to a share (shares) and rights from a share (shares) are distinguished, and if the issue is clarified with the former, then the latter are practically not covered by Russian legislation in relation to underage participants in Goal corporations. Purpose. The purpose of the study is to identify the features of the implementation of the corporate rights of the child arising from the share (shares). Methodology. In the course of the study, methods of generalization, description, analysis, synthesis, formal legal method were used. Results. It is concluded that the provisions on representation are ignored in terms of compliance of the transaction with the interests of the represented person, as well as the provisions of paragraph 2 of Article 64 of the Family Code of the Russian Federation on the consequences of the existence of a conflict of interests of parents and children, but in the latter case, the intervention of the guardianship and guardianship authority, which is declarative. Corporate legislation does not contain special mechanisms for controlling the exercise of corporate rights in the interests of a minor participant. The use of conventional means of control (consent of the guardianship authority) is clearly inappropriate and may block the activities of the corporation.

THE WILL OF THE TESTATOR: THE LIMITS OF REFLECTION IN THE WILL

Considering in this article civil procedural relations related to the limits of reflecting the will of the testator in a perfect will, as well as notarial and judicial practice on this issue, we have established a relatively conservative trend in the absence of motives in perfect wills for making a decision on the disposal of property based on the provisions of paragraph 1 of Article 1119 and paragraph 1 of Article 1130 of the Civil Code of the Russian Federation, allowing (but not prohibiting) not to specify such, as well as the related problem of conducting postmortem psychological and psychiatric examinations and, as a result, the courts making decisions on invalidation of wills. Based on the studied theoretical provisions and analyzed judicial acts, the article provides recommendations for their application in notarial activities regarding the issue of reflecting the motive of the testator’s decision to dispose of property when making a will.

Conceptual series - virtual actives

The article conducts a study of the terminology apparatus, which is applied to the latest technologies that are currently actively used on the Internet as elements of «e-commerce», and have a common generalizing name – cryptocurrency. In order to comply with the provisions of paragraph 1 of Section VI of the Law 2074 and to implement the Law of Ukraine No. 2074-IX, the Supreme Rada of Ukraine on 13.03.2022 registered draft law No. 7150 with amendments to the Tax Code of Ukraine. Currently, in Ukraine, the virtual asset market is actually already formed and exists for about five years, but is completely outside the legal framework of the state. primary financial monitoring of measures to combat the legalization of funds obtained by criminal means, terrorist financing and proliferation of weapons of mass destruction. The newest terminology apparatus is considered, in that case in the legal field of Ukraine, from the point of view of etymology and the content of their concept - thereby defining their suitability as a modern legal definition. According to the results of the study, it was concluded that in Law 2074 the leading legal definition of a «virtual asset», firstly, does not express the field of its application, as to a greater extent – financial; secondly, it does not correspond to the well-appointed definitions of the component word «asset»; Thirdly, in its natural essence has features inherent in the term – technology. In this regard, we consider it more expedient in Law 2074 to adopt the name of the main legal definition as virtual financial technologies or digital financial technologies.

A Case Study on the Reasons for Refusing to Recognize or Enforce a Foreign Arbitral Award

Firstly, this paper discusses the legal basis for refusing or recognizing a foreign arbitral award or a judgment in our country, that is, the New York Convention. Our country is a signatory to the New York Convention. Paragraph 2 of Article 5 of the New York Convention exhaustively sets out the grounds on which a Contracting State refuses to recognize and enforce a foreign arbitral award. Secondly, this paper analyzes the reasons for rejecting the application for enforcement based on two cases tried in Taiyuan and Wuxi in recent years, and finds that the courts in our country did not strictly follow the provisions of Paragraph 2 of Article V of the New York Convention when they ruled to reject the application, and neither the applicant nor the respondent mentioned the New York Convention in their application or defense. In the process of our country's judicial assistance system being gradually improved, this problem is also gradually solved. We should adhere to the seven reasons for refusing to recognize and enforce a foreign arbitral award in Article V of the New York Convention as the only source to refuse to recognize and enforce a foreign arbitral award.

Противодействие организации незаконной миграции в Российской Федерации: новый вектор развития уголовного законодательства

The aim of the research is to address the problem of regulation and implementation of criminal responsibility for illegal migration organisation and to determine, on this basis, the course of action to enhance Article 3221 of the Criminal Code of the Russian Federation containing the corpus delicti and its application in practice. The problem is the absence of the necessary coherence of Article 3221 of the Criminal Code of the Russian Federation with the international law provisions aimed at illegal migration organisation countering. Alongside this challenge, there is another one: of inadequate legal certainty of this criminal legal norm disposition, which complicates its uniform interpretation and further practical application in allowing for competition with the articles of the Code of Administrative Offences of the Russian Federation, establishing liability for related criminal acts. The general dialectical method of enquiry, general scientific and specific scientific methods, including the comparative legal method, the method of statistical analysis and the method of legal modelling are used in this article to address the issue. As a result of the conducted research, the authors conclude that the existing approach to improving the legislative framework and practice of countering the organisation of illegal migration in the Russian Federation needs to be changed. More specifically, given the need to harmonise Russian and international legislation in this field, the authors propose to complement the mental element of the corpus delicti of the irregular migration organisation with an indication of the mandatory aim in the form of the perpetrator's desire to obtain, directly or indirectly, financial or other material benefit. As a result, this criminal law prohibition will be aligned with the provisions of Paragraph 1 and Article 6 (2)(c) of the Protocol against the Smuggling of Migrants by Land, Sea and Air. Furthermore, this research substantiates the need to specify the disposition of Article 3221 of the Criminal Code of the Russian Federation in terms of the content of actions that comprise the illegal migration organisation actus reus and to mark which specific types of migration legislation violations constitute the crime, as well as to explicitly indicate that this criminal law norm shall be applied, if the act is not covered by Art. 322, Art. 3222 or Art. 3223 of the RF Criminal Code. Based on administrative and criminal legislation analysis, the authors argue for the deletion of criminal liability for a single violation of migration legislation, including for organizing a foreign citizen's or a stateless person's irregular migration committed by a person who is not subject to an administrative penalty for a misdemeanor in the migration field. Thus, the authors underline the need of systematic cross-sectoral changes in the current migration legislation.

ПОДАТКОВІ РІЗНИЦІ ПІДПРИЄМСТВА: ДОКУМЕНТУВАННЯ, ОБЛІК ТА ЗВІТНІСТЬ

The purpose of the article is to disclose the procedure for the application of tax differences by enterprises in the calculation of tax liabilities, for income tax, taking into account the electronic documentation of tax calculations. The actual rate of income tax of transport companies in 2015-2020 differs from the base rate of income tax to the adjustment of the pre-tax financial result on differences (tax differences). It is proved that the procedure for applying the differences involves the implementation of four interrelated stages in the calculation of tax liabilities for income tax. The first stage of accrual of income tax liabilities is to determine the annual income of the enterprise for the last reporting year in accordance with the provisions of paragraph 134.1.1. of the Tax Code of Ukraine. The second stage is the comparison of the annual income of the enterprise for the last reporting year with the critical value (UAH 40 million), including electronic documentation of the decision to apply the adjustment or refusal to adjust the financial result before tax on the difference. The third stage is to determine the differences of the enterprise from the list of differences from articles 138–140 of the Tax Code of Ukraine. The fourth stage is the calculation of four indicators (the amount of the difference by which the pre-tax financial result increases, the amount of the difference by which the pre-tax financial result reduced, the amount of the difference between the two previous indicators, income tax). The company makes electronic documentation of differences through the submission of the Tax return for corporate income tax and Annex DI to line 03 of the Tax return for corporate income tax. Submission is carried out through service «Electronic office of the payer» (E-cabinet, State Tax Service of Ukraine).

Conventional and constitutional regulations of lawful detention of a person without a court decision: criminal procedure aspect

The article compares the requirements for the lawful application of detention without a court decision as a criminal procedure established in Article 5 § 1 (c) of the Convention for the Protection of Human Rights and Fundamental Freedoms and in the second sentence of Article 29 part 3 of the Constitution of Ukraine. In particular, the content of the concept of "detention" of a person is studied, the list of subjects who have the right to detain a person without a court decision and the legal content and list of legitimate grounds for detention of a person without a court decision as a criminal procedure are studied and compared. Conventional, constitutional and criminal-procedural norms are also studied, as well as the necessity of mandatory further judicial review of the legality of the detention of a person, including the terms of such review.
 Based on a detailed analysis of these provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Constitution of Ukraine, relevant decisions of the European Court of Human Rights and the Criminal Procedure Code of Ukraine, it is established that the grounds for the detention of a person by a general entity, defined by paragraph 2 of Article 207 of the Criminal Procedure Code of Ukraine, and a special entity, defined by subparagraphs 1 and 2 (except subparagraph 3) of paragraph 1 of Article 208 of the Criminal Procedure Code of Ukraine, in general, correspond to the grounds for lawful detention of a person enshrined in Article 5 § 1 (c) of the Convention for the Protection of Human Rights and Fundamental Freedoms. Therefore, it cannot be qualified as unlawful interference with the human right to liberty and security of person. At the same time, proposals are formulated to make changes and additions to subparagraph 3 of paragraph 1 of Article 208 of the Criminal Procedure Code of Ukraine.
 It is also proved that the provisions of paragraph 2 of Article 12 and Articles 209 and 211 of the Criminal Procedure Code of Ukraine are critical provisions of the current legislation of Ukraine regarding the lawful application of detention of a person without a court decision. These provisions actually eliminate some shortcomings and establish the necessary legal and procedural grounds for the clarified application of the provision of the second sentence of part 3 of Article 29 of the Constitution of Ukraine, in accordance with the provisions of paragraph 3 of Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the practice of their application developed by the European Court of Human Rights.

Removal of military servants and members of their families from the registration of needs of improvement of housing conditions in the event of departure to a permanent local location

Problem setting. The relevance of this study is, first of all, to cover issues related to the protection of the right to housing of a serviceman when deregistering him, in order to improve the legal framework, which, in turn, is one of the legal means to ensure the practical implementation of the right to housing serviceman and members of his family. The issue of protection of housing rights of those servicemen who did not receive living space in the settlement where they were registered as in need of better living conditions, moved to another settlement for permanent residence, and as a result were removed from this registration. Target of research. Since the right to housing is one of the constitutional rights of citizens, we will carry out a critical scientific analysis of the constitutionality of the provisions of paragraph 2 of Part 2 of Art. 40 of the Housing Code of the Ukrainian SSR and the “modernity” of the requirements of the Housing Code of the Ukrainian SSR and other regulations on the provision of housing for servicemen and members of their families, if they are removed from the list of those in need of better living conditions. and became the purpose of this article. Аnalysis of recent researches and publications. A.R. Melnyk drew attention to the problematic aspects of providing servicemen and members of their families with housing according to the housing legislation of Ukraine, which established what housing is. L. O. Moses considered such a social value as the provision of housing for a serviceman. A.V. Minaev points to the need to solve the problem of housing for servicemen. L.P. Bear analyzes the implementation of social rights and freedoms of servicemen for housing. Article’s main body. As the issue of providing housing for servicemen registered as in need of better housing conditions has not been resolved by the Government before January 1, 2005, there is reason to believe that paragraph 19 of the Regulation on Privileges for Conscripts applies to this issue, persons discharged from military service and their families, approved by the resolution of the Council of Ministers of the USSR of February 17, 1981 № 193. But for paragraph 2 of Part 2 of Art. 40 Housing Code of the Ukrainian SSR, citizens are removed from the housing register and excluded from the lists of persons who enjoy the right of first refusal of housing, if they moved to a permanent place of residence in another locality and, therefore, lost this right. Conclusions and prospects for the development. In summary, we outline the following points. First, the provisions of the Housing Code of the Ukrainian SSR meet the requirements of clarity, clarity, unambiguity of law, are provided for the legal consequences of their application, so do not contradict Part 1 of Art. 8 of the Constitution of Ukraine, Part 2 of Article 24 of the Constitution of Ukraine and Part 2 of Art. 47 of the Constitution of Ukraine. Secondly, substantiating compliance with paragraph 2 of Part 2 of Art. 40 of the Housing Code of the Ukrainian SSR, we argue that these provisions comply with the provisions of Part 2 of Article 24 of the Constitution of Ukraine because the rights and freedoms of citizens enshrined in laws and regulations are equal. Compliance with paragraph 2 of Part 2 of Art. 40 of the Housing Code of the Ukrainian SSR and indicate in relation to Part 2 of Art. 47 of the Constitution of Ukraine, a former serviceman who could be provided with living space in accordance with paragraph 19 of Regulation № 193. Third, if we consider the “modernity” of the Housing Code of the Ukrainian SSR in 1983, it certainly needs updating through the adoption of the draft Housing Code of Ukraine at the legislative level. In addition, the failure of the Government of Ukraine to resolve the issue of providing servicemen with living space requires the application of paragraph 19 of Regulation № 193, and Art. 40 of the Housing Code of the Ukrainian SSR, item 2 part 2 of which it is determined that citizens are removed from the register of those in need of better living conditions in case of departure to a permanent place of residence to another locality. It should be acknowledged that the mechanism of providing ex-servicemen with housing registered with citizens in need of better housing conditions by January 1, 2005 is imperfect.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

The state of Ukraine as a subject of civil liability for losses caused to entrepreneurs during the Ukrainian Anti-Terrorist Operation/Joint Forces Operation (analysis of current legislation and practice)

In order to repel external aggression and stabilize the economic and socio-political situation in the country in 2014, the legal regime of the anti-terrorist operation (ATO) was enacted. Subsequently, the Anti-Terrorist Operation in Eastern Ukraine in April 2018 was renamed the Expanded Anti-Terrorist Operation within the Joint Forces (JFO) Operation. The issue of the responsibility of Ukraine for the damage caused to businesses by public authorities or their officials during the ATO/JFO has become relevant. Today in this above mentioned area there are serious deficiencies of the regulatory and legal support, as well as practical implementation, which complicates the mechanisms of compensation to entrepreneurs affected by the ATO/JFO. The paper shows the results of research on the compensation for damage caused to entrepreneurs by the state of Ukraine during the hostilities and/or other measures related to the law enforcement, as well as the defense of subjective civil rights of the participants in civil relations. The provisions of articles 1166 and 1167 of the Civil Code of Ukraine are analyzed in determination of grounds for liability and other provisions of paragraph 1, chapter 82 of the Civil Code of Ukraine depending on the circumstances under which the damage was caused. The civil liability of military servants during the service and combat missions is discussed and considered. It is proved that the structural subdivision of the Military Forces of Ukraine is responsible for causing damages during the service and combat missions. The particular attention is paid to the consideration of the practice of application of the current legislation of Ukraine in the area of compensation for damage caused by Ukraine to entrepreneurs. As a result of the study, the following conclusions were made. Under present conditions, the responsibility of Ukraine for damage caused to entrepreneurs by the delict of public authorities or their officials remains clearly unresolved at the regulatory level. The need to supplement the articles 1173 and 1174 of the Civil Code of Ukraine by the provision that clearly defines that the damage is reimbursed by the state of Ukraine is claimed. Key words: rights, guarantee, legal liability, institute of responsibility, reparation, state.

Normative Provision of the Right to Liberty and Integrity of the Person in the Light of International and National Legislation

The normative provision of the right to liberty and integrity of the person in the light of international and national legislation has been studied. The provisions of generally recognized international legal acts guaranteeing the right to liberty and integrity of the person have been provided. At the same time, there are also convention regulations, which provide cases of possible restriction of the researched right, and we note that such a right is not absolute in this regard. It has been determined that the norms of the Constitution of Ukraine, which regulate the right to liberty and integrity of the person, comply with international legal acts.
 Particular attention has been paid to the analysis of the decisions of the European Court of Human Rights, which emphasize the importance of this right, especially in the context of interpreting the requirements of the Art.. 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950. In this regard, it has been emphasized that any restriction of the right to liberty and integrity of the person must comply with the provisions of paragraph 1 of the Art. 5 of the said Convention and in no case go beyond its limits, i.e. to be consistent with its purposes (objective). In case of the violation of this right, a person can apply for the protection of his violated rights to the European Court of Human Rights.
 Taking into account scientific points of view, analysis of the relevant provisions of international and legal acts and national legislation, the author has clarified that the right to liberty and integrity of the person is a natural, inalienable and fundamental right of every human being. In this regard, each Member State, having ratified an international treaty guaranteeing the right to liberty and integrity of the person, is obliged to establish an effective legal mechanism for the protection of such a right in national law.

LEGAL STANDARDS OF THE EUROPEAN COURT OF HUMAN RIGHTS REGARDING REQUIREMENTS FOR ADMISSIBILITY OF EVIDENCE IN CRIMINFL PROCEEDINGS

The article deals with the requirements of the European Court of Human Rights regarding evidence and evidence, which are disclosed in the provision of paragraph 3 of Article 6 “The right to a fair trial” of the Convention for the Protection of Human Rights and Fundamental Freedoms, the latest practice of the Supreme Court regarding the criteria for admissibility of evidence and analysis of the current criminal procedural law. As you know, the attitude of the state towards the protection of human rights and freedoms is one of the indicators of its democracy. Ukraine has chosen the European Community as the main strategic vector of development. Such a vector provides for the unification of the regulatory framework in accordance with European legislation, as well as compliance by law enforcement agencies with international standards for the protection of the rights and freedoms of citizens. That is why, the corresponding rule is enshrined in the Criminal Procedure Code of Ukraine, providing that the rule of law in criminal proceedings is applied taking into account the practice of the European Court of Human Rights (part 2 of article 8). A detailed analysis of the provisions of the Criminal Procedure Code of Ukraine regarding the admissibility of evidence in criminal proceedings and the relationship of these norms with the legal positions of the European Court of Human Rights is carried out. They also examined the requirements of the European Court of Human Rights regarding the admissibility of evidence in decisions in which a violation by the state of the norms of the Convention was found, and in decisions in which such a violation was not found. So, summarizing and analyzing the practice of the ECHR, we saw that the Court emphasizes that a guilty verdict cannot be generally based only on inadmissible evidence, and if such a sentence is pronounced, then this is a violation of Article 1 6 of the Convention in respect of an unfair trial. Therefore, the investigator, prosecutor, investigating judge and judge should take into account the relevant practice of the ECHR and the norms of the Convention in their procedural activities in order to avoid these violations and to submit complaints to the European Court of Human Rights in the future.

THE BANKS ASSOCIATION OF TURKEY CUSTOMER COMPLAINTS ARBITRATION PANEL

5411 sayılı Bankacılık Kanunu’nun 80’inci maddesinin j bendine dayanılarak, Türkiye Bankalar Birliği nezdinde Bireysel Müşteri Hakem Heyeti kurulmuştur. Bireysel Müşteri Hakem Heyetinin amacı, Türkiye Bankalar Birliği üyeleri ile bireysel müşteriler arasındaki uyuşmazlıkların değerlendirilmesi ve çözüme kavuşturulmasını temin etmektir. Tüketici Hakem Heyetine, Sigorta Tahkim Komisyonuna veya yargıya intikal etmiş olan uyuşmazlıklarla ilgili Bireysel Müşteri Hakem Heyeti inceleme yapamaz. Ayrıca bireysel nitelik taşımayan ticarî, ziraî ve benzeri faaliyet konularıyla ilgili bankacılık işlemlerinden kaynaklananlar ile tüzel kişiler tarafından yapılan başvurular da Bireysel Müşteri Hakem Heyetince incelenemez. Bireysel Müşteri Hakem Heyetinin kararları bağlayıcı olmadığından, uyuşmazlık hakkında yargı yoluna başvurulabilir. Ancak Bireysel Müşteri Hakem Heyetinin tutarı işlem başına 2019 yılı için 3.692 TL’ye kadar olan uyuşmazlıklarla ilgili kararları yargı yolu açık olmak üzere bankalar tarafından uygulanmak zorundadır. Bireysel Müşteri Hakem Heyetinin hukukî niteliği, bir çeşit alternatif uyuşmazlık çözüm yöntemidir. Bu sayede yargının iş yükünün azaltılması ile uyuşmazlıkların daha az masraf ve emekle daha hızlı çözüme kavuşturulması amaçlanmaktadır.

Доступ адвоката до персональних даних свого клієнта у сфері надання медичної допомоги

Regulatory competition between the Law of Ukraine "On Personal Data Protection" and the Law of Ukraine "On Advocacy and Advocacy" has given rise to misinterpretations about a lawyer's access to information about the health of his client, his medical records and other confidential personal data. The analysis of law enforcement practice shows that the subjects of law have different understanding of the provisions of the Law of Ukraine "On Advocacy and Advocacy" and the Law of Ukraine "On Personal Data Protection" in terms of access to personal data of the client in the field of medical care. The essence of the problem is that today in the legal environment there are two opposing legal positions on the implementation of the right of a lawyer to access confidential information about the client. The lack of consensus on this issue, in our opinion, is due to the different understanding of law enforcement agencies of the concept of "restricted information", which is mentioned in the provisions of paragraph 3 of Part 1 of Art. 20 and Part 2 of Art. 24 of the Law of Ukraine "On Advocacy and Advocacy". According to Part 2 of Art. 21 of the Law of Ukraine "On Information" states that confidential information is about an individual, as well as information to which access is restricted by a natural or legal person, except for subjects of power. Clause 3, Part 4 of the same article of the Law of Ukraine “On Information” stipulates that information on medical care cannot be included in information with limited access. According to Art. 59 of the Constitution of Ukraine: “Everyone has the right to professional legal assistance. In cases provided by law, this assistance is provided free of charge. Everyone is free to choose a defender of their rights. " A lawyer is one of the key figures in jurisprudence, which stands for the protection of the rights, freedoms and legitimate interests of citizens. In order for a lawyer to be able to act confidently and effectively within the scope of his or her powers, the law confers on him or her rights that correspond to his or her functions. In accordance with Part 1 of Art. 20 of the Law of Ukraine "On Advocacy and Advocacy" a lawyer has the right to perform any actions not prohibited by law, rules of ethics and legal aid agreement, necessary for the proper implementation of the legal aid agreement, in particular: to make legal inquiries, including the receipt of copies of documents. However, as noted earlier, in practice, it is not uncommon for a lawyer to refuse to receive confidential information about his or her client. Judicial practice is dominated by decisions to bring to administrative responsibility for violations of legislation on personal data protection. The Constitutional Submission on the Conformity of the Constitution of Ukraine (constitutionality) with the provisions of Part 2 of Article 26 of the Law of Ukraine “On the National Police” [1] stipulates that the Law of Ukraine “On Personal Data Protection” is a framework law establishing general principles and requirements for personal data processing. While special laws should establish the rules of personal data processing in the relevant areas, taking into account the principles of the Law of Ukraine "On Personal Data Protection", taking into account the peculiarities of regulated relations, as well as provide appropriate mechanisms for protection against arbitrary restriction of privacy. It is obvious that one law cannot regulate the peculiarities of personal data processing for all spheres of activity of both public bodies and subjects of private law. The Law of Ukraine "On Advocacy and Advocacy" defines the legal basis for the organization and activities of advocacy and advocacy in Ukraine. Thus, all the features of the activity of lawyers, the legal limits of such, are established in a special law, the Law of Ukraine "On Advocacy and Advocacy". Therefore, in competition with the Law of Ukraine "On Advocacy and Advocacy" and the Law of Ukraine "On Personal Data Protection", in the activities of a lawyer when requesting copies of medical documents and information with limited access special rules are the Law of Ukraine "On Advocacy and Advocacy". The constitutional right of a person to professional legal assistance guarantees proper legal protection of his rights and interests in a manner prescribed by law. A lawyer has an unconditional right given to him by the client to receive information about his state of health, but we must not forget that the client's right to legal aid is not unlimited and ends where confidential information about another person begins.

헌법상 재산권보장조항의 공법적 쟁점 및 개헌방향

This paper tries to seek legal issues and revision directions of the constitutional provisions on the protection of property rights. The economic freedom of individuals and corporations secured through constitutional freedom of contract, private autonomy, protection of private property, etc. is an indispensable condition of democracy, and in particular, property rights form the basis of socio-economic activities. This paper does not understand the constitutional property rights as relative fundamental rights but considers them as supernational natural rights. The Korean constitutional academy tends to commonly accept that the provisions of Paragraph 1 of Article 23 of the Constitution declaring protection of property rights finally recognizes property rights as personal rights at the highest normative level of the Constitution, and it does not mean recognition of supernational or natural rights but embodiment of personal rights in the actual law named the Constitution. However, property is as important as freedom because it is a prerequisite for realizing other fundamental rights. Therefore, this paper does not understand property rights as the actual rights that can be restricted by the state, but consider property rights from the viewpoint of the natural rights given to human beings even before foundation of the state. The protection of property rights includes the protection of value and the guarantee of sustainability, but it cannot adhere to the guarantee of sustainability in need of the public interest, but needs to be expanded even to the protection of value for compensation of loss. The recognition of the Constitution as a union of loss compensation is due to the failure in recognizing the difference between the German and the Korean Constitutional norms. In addition, in connection with discussions on amendment of the provisions for constitutional property rights, this paper also reexamines the property rights as the natural rights in order to prevent the harms caused by excessive intervention of the state power in the economic areas under the imperial presidential system.BR Korea has undergone rapid domestic and international changes since 1987. Faced with today`s multifaceted social environments, Korea is also requested to revise its Constitution, the highest standard of community. Such amendment of the Constitution needs to advance towards the unification of social realities and norms overcoming the partisan interests in order to develop a new Korean society in the 21st century by realizing the integration of both industrialization and democratization forces and establishing new rules in the fields of fundamental rights.

The Implications of Monetary Policy in the Reform of the Iraqi Banking Sector

The financial and banking reform in the creation of capable financial system to mobilize financial resources (local and even international) and reallocation and efficiency of the service of economic activity in order to achieve high and sustained rates of economic growth, and go out that reform in the modernization and deepening and strengthening of all units of the financial sector, as well as bring about changes large in the nature of the banking industry and restructuring in Iraq for the purpose of mobilizing domestic savings and reduce the phenomenon of migrant capital in addition to the possibility of attracting part of the foreign investment flows. . . And it embodied the reform process in the process of liberalization of the sector, so as to cope with the financial and banking world development which are mainly based on freedom from restrictions and obstacles, and increasing competition between banks, and the use of technology advanced communications and information, as well as the decisions of the Basel Committee in order to work within international standards for banks, raising its capacity international competitiveness in international action. It came the idea of ​​research that theoretically made a presentation to the march of the Iraqi banking system and visions of the financial and banking reform with a statement of justification for reform, and the most important conclusions of the research:
 
 The first strike on the Iraqi monetary and fiscal policy when Iraq agreed to the provisions of paragraph (25 (of the memorandum of understanding, paragraph (7) of the action plan and thus the order of the debts owed by Iraq hundreds of billions of dollars from various countries of the world. 2. Inflation led to a continuous rise in the currency of 23 billion dinars in 1991 to about 30 trillion dinars at the beginning of 2015.
 

The Non-Market Economy Methodology Shall Be Terminated After 2016

Subparagraph 15(a)(ii) of China’s Accession Protocol (AP) permits the importing World Trade Organization (WTO) Members to use the nonmarket economy (NME) methodology to determine the normal value of Chinese imports under certain condition. This subparagraph will expire 15 years after China’s accession, i.e. 11 December 2016. The legal effect of the said expiration is under a heated debate. This article first clarifies why the market economy status (MES) and the NME methodology are separate issues. Then it examines the legal meaning and effect of provisions of paragraph 15 of the AP that will expire and those that will remain after 2016. This article concludes that the expiration of subparagraph 15(a)(ii) will terminate the NME methodology as well as Chinese producers’ burden of proof.

The Implementation of the Takeovers Directive in Germany

An important law was enacted in Germany in 2006 implementing the requirement of the Takeovers Directive in Germany this should have been implemented by 20 May 2006, in accordance with Article 21 of the Directive, but full implementation in Germany did not take place until 1 January 2007. The new German provisions do not include the compulsory adoption of the breakthrough rule contained in Article 11 of the Takeovers Directive; the existing provisions of paragraph 33 of the German Takeovers Act of 2001 do not seem entirely in conformity with those contained in Article 9 of the Directive. Companies may adopt the new provisions of paragraph 33a (Europäisches Verhinderungs–verbot) and/or those of paragraph 33b (Europäische–Durchbrechungsregel) in their statutes, but are not bound to do so. Paragraph 33c, which like the aforementioned paragraph has been incorporated in the Takeovesr Act of 2001 by the amending statute of 2006, makes provision for the application of the reciprocity rule contained in Article 12(3) of the Takeovers Directive. The 2006 Act makes a number of alterations to the 2001 Act; a brief account of some of the more important of them is attempted below.