Participation Rights Research Articles

ЭКСТРАОРДИНАРНОЕ ОБЖАЛОВАНИЕ ОШИБОЧНОГО ВЗЫСКАНИЯ ПРИ БАНКРОТСТВЕ. НОВЕЛЛЫ ЗАКОНОДАТЕЛЬСТВА

The purpose of the work is to analyze the novelties of legislation in the field of extraordinary appeal of erroneous recovery in bankruptcy.The objectives of the study include reviewing changes in bankruptcy legislation, determining the range of subjects entitled to extraordinary appeal, studying the specifics of restoring the appeal period and evaluating the effectiveness of this institution as a tool for protecting creditors' rights.Currently, there is an increasing importance of mechanisms for protecting the rights of participants in bankruptcy proceedings, due to the complexity and versatility of bankruptcy cases. Federal Law No. 107-FZ of 29.05.2024 introduced significant changes to the bankruptcy legislation, which legislated the institution of extraordinary appeal.The principal conclusion of the article is that an extraordinary appeal against an erroneous recovery in bankruptcy is an effective tool for protecting creditors' rights and ensuring the stability of civil turnover. The author proves that this mechanism makes it possible to exclude fictitious debts from the register of creditors' claims and prevent the devaluation of their mandatory claims.

Порядок и пределы возмещения сумм, затраченных на обращение за квалифицированной юридической помощью в уголовном процессе

Introduction: the constitutional right of citizens to receive professional legal assistance can be secured if there is an effective and affordable mechanism for reimbursing expenses related to legal assistance from an attorney. The insufficient scientific research on the topic as well as not always effective reforms of the institutions of reimbursing expenses for the attorney’s assistance to rehabilitated persons and to victims, the collection from the convict of procedural costs related to the renumeration of the appointed attorney, result in judicial errors when resolving issues of reimbursement of such expenses, which, in turn, leads to violation of the rights of participants in the criminal process. The purpose of the study is, first, to identify the legal nature, the most effective procedural form, and fair limits of reimbursement for legal assistance received by: a rehabilitated person, a person unreasonably prosecuted in a criminal case of private prosecution, a victim – on a reimbursable basis (under an agreement with an attorney) as well as by the suspect or the accused having no possibility to hire an attorney – on a non-reimbursable basis (with funding from the federal budget); second, to formulate proposals for further improvement of the institution of procedural costs reimbursement. Results: we analyzed the development dynamics of criminal procedure legislation and the impact that the positions of the Constitutional Court of the Russian Federation and law application practice have on this development. The analysis revealed some shortcomings in law and the practice of its application, solutions to these problems are proposed. Conclusions: we defined the criteria for determining the limits of reimbursement of expenses incurred by a person subjected to unlawful or unfounded criminal prosecution; formulated a list of grounds for exempting the accused from procedural costs being collected from him for an appointed attorney in cases where such expenses were unreasonable and (or) irrational; described the way to further improve the procedure for reimbursing the victim for the assistance of an attorney that would allow ensuring equal procedural opportunities for victims in terms of reimbursement of expenses incurred both in pre-trial proceedings and in trial.

ОБСТОЯТЕЛЬСТВА, ПОДЛЕЖАЩИЕ ДОКАЗЫВАНИЮ, УСТАНОВЛЕНИЮ, ВЫЯВЛЕНИЮ - КАК САМОСТОЯТЕЛЬНЫЕ КАТЕГОРИИ ОТЕЧЕСТВЕННОГО УГОЛОВНО-ПРОЦЕССУАЛЬНОГО ПРАВА

According to the concept established in the science of criminal procedure, evidence forms the basis of the entire process, and facts are the basis for making all significant procedural decisions. It is with solutions that such important problems as legality, validity, motivation, as well as, in some cases, the fairness of the involvement of participants in criminal proceedings and the use of various forms of restriction of their rights of participants, including measures of procedural coercion, investigative actions, etc. are associated. The facts that become the material grounds for making procedural decisions are of fundamental importance, as well as the ways in which they are involved in criminal proceedings. The methods of obtaining facts have a significant impact on them, which in certain circumstances (due to the instructions of the criminal procedure law) may affect the scope of the use of facts in criminal proceedings (for example, to use them to substantiate an investigator's petition to the court for the application of a preventive measure, for an accusation or for a court order, etc.).Despite the high importance, both the facts and the ways of their involvement in criminal proceedings have theoretical and practical problems, the resolution of which can change the perception of established and familiar concepts. In the Criminal Procedure Law, various terms are used in relation to the methods of obtaining facts. Among them, we note the main ones - this is proof, identification (both appear, in particular, in Article 73, identification, in addition, is used in part 4 of Article 29, paragraph 2 of part 2 of Article 37, part 1.1 of Article 110, etc. The Criminal Procedure Code of the Russian Federation), the establishment (presented in many articles of the Criminal Procedure Code of the Russian Federation). Differences in semantic load, instability in contextual use creates the risk of making a mistake in the possibility of using certain facts, given the way they are obtained. Accordingly, the resolution of the problem of uniformity of the terminology used and the definition of the legal meaning and meaning of each concept becomes relevant. The purpose of this work is to form a uniform approach to the use of terminology and to define a common legal meaning for each of these terms - proof, establishment, identification. To achieve this goal, several tasks were solved, including comparing the content of each of the mentioned terms, as well as offering recommendations necessary for uniform legislative regulation in terms of determining ways to involve facts and their use in various areas of criminal procedural activity. Research methods: descriptive, comparative, system-structural analysis, isolation, synthesis. Results: 1) conclusions are drawn about the semantic difference between the concepts of «proof», «establishment», «identification», which allows us to talk about the need for independent legal regulation of each of the specified methods of obtaining and criminal procedural involvement of facts; 2) the assessment of facts and the degree of their reliability and scope depend on the method of obtaining 3) proposals have been formulated to improve the provisions of the domestic criminal procedure law in order to establish uniformity in the terminological apparatus; 4) recommendations have been developed on the use of the terms «proof», «establishment», «identification» in various contexts of law enforcement criminal procedural activities.

Inheritance of the rights of permanent use of a land plot : peculiarities of judicial protection of the civil rights of participants in hereditary legal relations

Inheritance of the rights of permanent use of a land plot : peculiarities of judicial protection of the civil rights of participants in hereditary legal relations

The current state of tort law in Ukraine and its development in the context of European integration

In today's market economy and evolving society, it is essential to update legal mechanisms to protect the rights of participants in civil transactions. Tort law plays a vital role in regulating compensation for damage caused by rights violations. It is aimed at assisting victims, establishing liability, and preventing harmful acts, usually resulting in monetary compensation as a form of redress. This article aims to study the current state of tort law in Ukraine, identify problematic aspects in this area, and determine the prospects for its development and improvement in the context of European integration. To achieve the goals and objectives of the study, the author uses a combination of general theoretical and unique scientific methods and techniques of scientific knowledge. The methodological basis of the study is the dialectical method.

Некоторые вопросы практики возмещения убытков

A prerequisite for a stable turnover cycle is the possibility of full and fair compensation for losses incurred in connection with the execution of contracts. The idea of damages as a universal legal instrument does not change the relevance throughout the world of the continuous development of the principle of legal regulation, causing the complication of cyclical turnover. However, when applying the requirements for regulating the property status of participants in a circular flow, the measure of liability - penalties, losses and unjust enrichment - continues to raise questions. Using the example of resolving disputes under construction contracts, the authors of this article show that the potential of the protective mechanism for compensation for losses has not been fully disclosed; in particular, it is an effective legal means of bringing the parties into a position of proper fulfillment of the obligation. Purpose. The purpose of this article is to determine the potential for a more complete application of the civil remedy for the recovery of damages. Methodology. Achieving this goal was ensured by the use of general scientific and specific scientific research methods: dialectical, formal-logical, comparative legal, and the method of scientific analysis. Results. When considering the possibility of compensation for losses under a current contract, it is concluded that the main idea of compensation for losses, in addition to compensation for property damage (expenses), is to bring the parties to the contract into a position of proper fulfillment of the obligation. It is this understanding of this protective mechanism that meets the goals of effective protection of the rights of participants in property transactions. Conclusion. Current legislation reflects the universal nature of such a legal remedy as compensation for damages. However, in many cases it continues to be applied by courts with extreme caution. To avoid unjustified narrowing of the use of this protective mechanism in contractual obligations, based on modern trends in the development of law, compensation for damages should be considered as a result of bringing the parties to the position of proper performance of the obligation.

Children's body mass index and associated factors in Riyadh, Saudi Arabia.

Twenty million children under 5 years old are estimated to suffer from malnutrition worldwide. The objective of this study is to determine factors associated with Riyadh children's nutritional status. An institutional-based cross-sectional study was conducted among children aged 6-12, excluding mentally ill children. The sample size was 200. Data were collected through interview-administered questionnaires developed for this study's purpose after consulting relevant literature and epidemiologists. Data analysis was via SPSS version-23; a p-value of 0.05 or less is considered significant. Consent was obtained before data collection, emphasizing confidentiality and the participant's rights to withdraw from the study at any time. Most of the study respondents in the age group (6-12 years) were 12 years (22%), and the predominant gender were girls (55.5%). No significant statistical relationship existed between the mother's education and the children's body mass index (BMI, p = 0.168). Many respondents had a normal BMI (40.5%), while a minority were underweight (28.5%) among all groups. There was a significant statistical relationship between the BMI of the children and with mother's BMI (p = 0.016). There was no significant statistical relationship between the food source and children's BMI (p = 0.710). There was no significant statistical relationship between the average meal and the children's BMI (p = 0.098). There is a significant relationship between the BMI of the respondents and the mother's BMI under the underweight group.

PRAVO DJETETA NA IZRAŽAVANJE MIŠLJENJA U PRAVU I SOCIJALNOM RADU

The right of the child, pursuant to Art. 12 of the Convention on the Rights of the Child, guarantees every child capable of forming her or his own opinion the right to be heard in matters that concern them. It is actualized in all areas of the child’s life, in the family, school, health system, different types of procedures (family, criminal, civil, legal), in the community, as well as on the national and international level. The European Court of Human Rights also protects the child’s right to be heard by continuously developing case law that protects the child’s participatory rights. The child’s right to be heard is directly incorporated into social work as a profession based on the principles of respect for human rights, including children’s rights, as well as the principle of user participation. The aim of this paper is to provide an overview of the international and national legal framework that guarantees the right of the child to be heard in court proceedings and social work, based on the content analysis of regulations, court practice, domestic and foreign literature, so as to point out practical problems in realizing the child’s right to be heard, detected in domestic and foreign research.

Assessment of Stakeholder Options to Participate in Disputes Over Seabed Mining

Exploitative mining in the deep seas is coming, and with it will arrive a new wave of international disputes. Numerous stakeholders will be interested in these disputes, such as those seeking to profit from exploitative mining activity; developing states seeking to benefit from equitable sharing of wealth and lessons learned; and environmentalists all over the world worried about environmental catastrophes that could result from such activity. Stakeholders include the mining contractor, the sponsoring state of the contractor, the International Seabed Authority (ISA) created by the UN Convention on the Law of the Sea (UNCLOS) to control mining activity in the deep seas, states (both states parties to UNCLOS and those that are not) and affected communities, which includes Indigenous peoples and climate activists. However, the dispute settlement system of UNCLOS treats these different stakeholders unequally in terms of whether they may be parties to a dispute proceeding and, if so, what claims they may bring. Unsurprisingly, the system excludes non-states parties and non-state entities (apart from the International Seabed Authority and the contractor), such as Indigenous peoples and climate activists, from serving as parties (claimant or respondent) to a dispute. This essay explores the limited ways in which excluded stakeholders nonetheless may be able to participate in a dispute initiated under UNCLOS. Specifically, they may serve as witnesses, experts, or amicus curiae in proceedings before the International Tribunal for the Law of the Sea (ITLOS), the Seabed Disputes Chamber, or a commercial arbitral tribunal. This essay also advocates for the ISA to establish administrative processes for ongoing monitoring and whistleblower complaints. Such processes would allow excluded stakeholders to submit relevant evidence and information that could—and should—be used in any formal dispute settlement processes initiated by those stakeholders who enjoy direct participatory rights.

PROTECTION OF THE EMPLOYMENT RELATIONSHIP OF EMPLOYEE REPRESENTATIVES IN THE ACT ON CROSS-BORDER TRANSFORMATIONS, MERGERS AND DIVISIONS OF COMPANIES

The mechanisms of employee participation in companies established as a result of trans-border transformation, merger or split of companies are one of the dimensions of the empowerment of employees as part of the European participation model. Exercising their participation rights by the employee community poses a threat of the emergence of conflict between the employer and employee representatives. Their consequences may affect the existence of the employment relationship of employee representatives, especially those who show dedication and are uncompromising in performing their participation-related functions. The principles of protecting employee representatives are regulated by Art. 51 of the Act. This provision establishes various planes of protection, starting from the subjective one, through objective, to the temporal plane. This article presents all those planes in the dogmatic aspect.

서울시 건축시설물의 인권영향평가 분석 연구

It can be judged that related research, including this study, is showing a relatively expanding trend in the area of universal design, including facility accessibility from the user's perspective, universality of guidance information, as well as guaranteeing participation rights in the increasingly active construction process, but it is still It started from the point that consideration of human rights, such as safety management of workers and employees, and labor and rest environments, was insufficient. Accordingly, the purpose is to quantitatively evaluate this situation and provide basic data so that spatial composition can be considered from the perspective of human rights from the initial stage in the construction of buildings and facilities in the public area. In this study, an on-site evaluation was conducted on 24 facilities in 6 areas, including welfare facilities, educational facilities, cultural facilities, park facilities, sports facilities, and youth facilities, among the assets owned by Seoul City, to determine the right to access, right to travel, right to environment, right to safety, right to rest, Analysis results were presented in a total of 7 areas, including the right to access information and the right to privacy, and it was confirmed that there was a need to improve the function of architectural space in terms of internal workers, such as workers in overall poor environments.

Special negotiations team as a temporary participating entity in the Act on companies established as a result of cross-border transformation, merger or division

ObjectivesThe article is devoted to the analysis of the legal status of a special negotiations team as a temporary participating entity in the Act on companies established as a result of cross-border transformation, merger or division.Material and methodsThe article uses the legal dogmatic method.ResultsBased on the directive of contractual freedom, I am of the opinion that there are no legal barriers that might prevent the parties from including other important issues in the agreement, for example those related to the legal mechanisms of maintaining the negotiations confidential. The special negotiations team may also include in the agreement a consent for limiting the employees’ participation rights in a company created as a result of trans-border transformation, merger or division of companies.ConclusionsThe special negotiations team as an entity of a participatory nature has a temporary status, because its main task is to enter in the participatory agreement with the competent body of the company. Upon concluding the agreement, the team is dissolved ex lege.

ПРАВА ЧЕЛОВЕКА В КЫРГЫЗСТАНЕ - УГОЛОВНО-ПРАВОВОЙ АСПЕКТ

The article “Human Rights in Kyrgyzstan - Criminal Legal Aspect” analyzes the problems of ensuring human and civil rights in modern Kyrgyzstan, focusing on the criminal legal context and the impact of globalization. The main objectives of criminal legislation, the protection of the rights and freedoms of citizens in the context of social values, as well as changes in criminal legislation aimed at humanizing criminal policy are highlighted. The article emphasizes the importance of observing the principles of legality, equality before the law and the presumption of innocence in criminal proceedings. Changes made to the Criminal Procedure Code of Kyrgyzstan in 2023 are seen as a step towards improving criminal proceedings and protecting the rights of participants. However, the article also highlights different points of view in the scientific community, presenting discussions regarding the priorities of public and state interests compared to the rights of the individual.

A human rights‐based approach to climate injustices at the local, national, and international levels: Program and policy recommendations

AbstractThe climate crisis threatens and violates human rights to development, education, food, health, housing, life, meaningful and informed participation, self‐determination, and water. Climate injustices refer to how some communities are shouldering the disproportionate brunt of the negative effects of climate change while being the least responsible. With a human rights‐based approach focused on protection and participation rights, this paper reviews climate injustices based on age, disability, ethnicity, gender identity, geography, income, Indigenous identity, migratory status, race, refugee and internally displaced status, and their intersections. Policy recommendations include increasing climate education, utilizing disaggregated data, and expanding mental health services. Cross‐cutting themes throughout the paper are that climate change is interconnected with other crises, thereby compounding inequalities, and that a diversity of interdisciplinary and international perspectives and knowledge centered on the voices of frontline communities are essential for addressing the climate crisis.

Disclosure of confidential information about a person's state of health during court proceedings and pronouncement of a court decision: problematic issues

At the current stage of the development of society, information is a value that is created and used in all spheres of life to fulfill the tasks of subjects of various legal relationships. Confidential information about a person needs special importance and legal protection in the process of creating and publishing information, and therefore these issues are under the constant watchful eye of scientists and practitioners. It is extremely important for the sustainable and successful development of this area to ensure the preservation of confidential information and the right to protect a person's personal data about his state of health. At the same time, the protection of such personal data becomes especially relevant in the field of justice by the bodies of the judicial system, whose institutions, in the course of their daily activities, process and use a large array of information and personal data of participants in court proceedings. We can immediately note that this issue is currently not researched in Ukraine, where the vector of scientific developments is more directed towards the analysis of the protection of confidential information and personal data in the field of health care in general. The special relevance of this issue is also due to the fact that the consideration of all categories of cases by courts is inextricably linked to the acquisition of information about a person, including his state of health, during the resolution of the case, with the subsequent consolidation of such information in the adopted court decisions, and therefore for the proper regulation of this process and the prevention of violations of the rights of participants in court proceedings, the first priority is to study existing gaps in the legislative regulation of the process of obtaining documents and materials by courts, publishing court decisions, where there is confidential information about a person's state of health. Key words: information, confidential information, confidential information in the field of health care, disclosure of confidential information, confidential information about a person's health, consideration of court cases, announcement of a court decision.

ФУНКЦИИ НОТАРИАТА В СОВРЕМЕННОМ ПРАВОВОМ ГОСУДАРСТВЕ

"This scientific article examines the various functions of the notary and their application in practice in a modern rule-of-law state. The author revealed the content and target orientation of notarial functions in relation to the legal system of the state. The relevance of the study is to consider the functions of the notary from the point of view of the development of the modern information society, since it ensures the protection of the rights and legitimate interests of citizens and legal entities, implements mechanisms for protecting the rights of participants in civil transactions, is constantly updated and improved. The purpose of the research in the scientific article is to reveal the main functions of the notary and their features in a modern rule-of-law state. The result of the study is the statement that in the conditions of digitalization of civil circulation, the implementation of the notary function occurs with the involvement of digital tools and the electronic infrastructure created for this purpose, which together make it possible to quickly obtain the necessary information and perform notarial actions in conditions that guarantee the legal security of the parties to the transaction. The study made it possible to come to the conclusion that it is necessary to continue work to create additional conditions for the effective implementation of the functions of the notary in the context of the digitalization of civil circulation, given the high importance of the notary. "

Митний режим тимчасового ввезення: аналіз законодавства та подальші перспективи розвитку

This study is devoted to the analysis of the customs regime of temporary importation, which is defined as the temporary importation of goods into the customs territory without payment of taxes and duties. The authors analyze the legal regulation of this regime in the context of international trade relations and national legislation. The legislation reveals many key aspects of Ukraine's customs regime for temporary importation, such as the obligations and rights of participants in the process, and interaction with other customs regimes. Ukrainian scientists are actively studying the practice of applying this customs system, investigating cases of successful integration and identifying problematic situations. Their scientific approach takes into account the effectiveness of using temporary importation to stimulate foreign economic activity and attract foreign investment. The mechanisms for regulating the use of temporary imports and their impact on economic development are analyzed. Particular attention is paid to the prospects for the development of the tariff regime of temporary importation in the modern world economy. The author considers the possibilities of improving the regulatory framework and interaction between states in order to promote the effective use of this system to facilitate international trade and stimulate economic growth. The study highlights all gaps and ambiguities in the current legislation and identifies opportunities for improvement. The main focus is on changes in the legislation. In addition, the importance of bringing the customs legislation in line with the standards and requirements of the World Trade Organization to increase the economic growth of our country was emphasized. The results of the study will be useful not only for the development of strategies and policies aimed at improving the management of temporary importation, but also for scholars interested in international trade and customs regulation.

Cultural Heritage Rights and Rights Related to Cultural Heritage: A Review of the Cultural Heritage Rights System

Previous decades have witnessed the widespread use of human rights discourses in explaining cultural heritage issues. The content of the cultural heritage right (a term used interchangeably with “right to cultural heritage” in this text), and the relationship between cultural heritage and human rights are diversely demonstrated in international cultural heritage instruments and previous studies. Some of them may overlap or even contradict each other, causing confusion about the relevant concepts. This article aims to answer the twin question: What is the relationship between the “right to cultural heritage” and “rights related to cultural heritage”, which together comprise the cultural heritage rights system? The main feature of cultural heritage is its spiritual significance, which constitutes the basis of the human right to cultural heritage. The core content of the right to cultural heritage is the right to enjoy the intangible value of; meaning of; and interests inherent in cultural heritage. The holder of the right to cultural heritage is “everyone” – a concept so vague that it results in the intractable tension between the right and the rights of states, communities, individuals, Indigenous peoples, humanity as a whole, and so on. “Rights related to cultural heritage”, which are not cultural heritage rights per se, include public participation rights, the right to education, ownership rights, the rights to a livelihood, development, human dignity, equality, and other basic human rights. Some of them may promote the right to cultural heritage, while some may conflict with or limit the same right.

Family Business in the United Arab Emirates: Legal Experience

Relevance. Family entrepreneurship is one of the main trends in the modern development of entrepreneurial activity. Over the past five years civilistic science has achieved significant results in the study of this multidimensional complex phenomenon. Being at an intersectoral junction (civil, family, entrepreneurial, labor, administrative law), family entrepreneurial activity is designed to solve many government tasks, which allows us to talk about the entry of this type of entrepreneurial activity into Russian entrepreneurship ecosystem on a permanent basis. At the same time, Russian legislator does not react to large-scale development of family business in any way, which creates insoluble difficulties in its implementation, protection of participants rights. Under such circumstances, the experience of legal regulation of relations arising from family entrepreneurship in foreign countries that have followed the path of adopting a special law seems relevant. The United Arab Emirates is one of such states.The purpose is to set the content of a special law on family business in the United Arab Emirates.The objectives of the study: to determine the state of family entrepreneurship development abroad; establish the need to study the experience of legal regulation of family business in the UAE; disclose the content of the UAE family business law.Methodology. The article is based on analysis methods, deduction, description, generalization, formal-legal, comparative-legal methods.Results. The study found that the UAE's approach to legal regulation of family business relations is based on an internally consistent special legislative act based on a symbiosis of family values and advanced business achievements.Conclusion. The experience of legal regulation of family entrepreneurial activities of the UAE is one of the progressive at present. It seems that it is necessary to consider the achievements of the Arab legislator when creating the concept of Russian law on family entrepreneurship, its structure, laying down the principles.

Most of the Time we are Taking Decisions for Children

Abstract It is imperative that children’s participatory rights are supported and therefore it is incumbent upon adults genuinely to listen to them and take their views seriously. However, 28 years into a democratic South Africa and children’s participatory rights are not fully actualised and implementation seems to be problematic in early childhood education. The purpose of this article was to explore 13 final-year student teachers’ understandings about children’s participatory rights in the Reception Year (Grade R) and how these understandings influence their practice using Lundy’s model of participation and Honneth’s theory of recognition. A qualitative approach was applied, and data was collected through a focus group interview that was undertaken online. The data revealed that student teachers had a limited understanding of children’s participatory rights but aligned more towards children’s protection rights. Additionally, whilst the participants related the concepts of Lundy’s model of participation to mainly pedagogical scenarios that lacked children’s genuine participation, the participants gave children the recognition to building their self-confidence, self-respect and self-esteem.