Sphere Of Law Research Articles

Theoretical approaches to determining the principles of codification of legislation in the field of intellectual property

Keywords: law, intellectual property, codification and systematization of legislation,principles of codification, concepts, types and system of principles of codification
 The article revealstheoretical approaches to defining the system of principles of codification, theirplace in the legal system, which characterize the content of law in a concentratedform, its structure, the relationship between sources of law, law and justice, law andgovernment coercion and belief in legal regulation. It is proved that the system-formingcriterion of the principles of law and the principles of legislation are their functionaland purpose. The practical significance of the principles in the process of systematizationof legislation in the field of intellectual property, including its type suchas codification, is revealed. The correlation of principles of law and principles of legislationare investigated. It is established that there is a dialectical connection betweenlaw and law, which is manifested in the fact that: legislation is an external form of expressionof law, a way of expressing its content; most of the law is substantively includedin the legislation; the spheres of law and law do not coincide but intersect; inthat part, in which law and law coincide, the principles of law are the essence of theprinciples of law and vice versa — the principles of law are the principles of law. At the same time, since the legislation is an external form of expression of law and doesnot completely coincide with the law and does not contradict it, its creation and developmentare subject to certain specific rules and technologies. The main methodologicalprinciples that influence the separation of the system of principles, their place inthe theory of codification are determined; substantiates the need to include in the systemof general and special principles of codification and sectoral principles, which arethe theoretical basis and ensure those features are taken into account in the processof codification of individual branches of legislation. It is proved that there is a dialecticalrelationship between the purpose of codification, its tasks and the principles onwhich codification activity is based, the dependence of its result on the degree of consistencyof these elements of codification.

SOCIAL AND LABOR GUARANTEES FOR FAMILIES WITH CHILDREN AS THE BASIS OF THE STATE'S FAMILY POLICY

Task. The author of the article set himself the task of analyzing the social and labor guarantees provided by the state to families with children. Model. To solve this problem, it is necessary to investigate the social purpose of support measures in relation to children, families with children, to investigate the grounds for their provision. Conclusions. The system of social and labor measures is aimed at providing comprehensive support to families with children, helping to protect the labor and social rights of citizens. Research framework. Limited by relations in the sphere of social, labor and family law of the Russian Federation. Practical value. A systematic analysis of measures to help and support families with children, issues of protecting women - mothers allow us to systematize the prerequisites for the birth of children, to determine the incentives and obstacles to the birth of a child. Social implications. Determination of the purpose of support measures for families with children, analysis of individual types of assistance will determine the relationship and interdependence of social, labor and family-type norms, the effective interaction of which will ensure the basic needs of each family. Originality, value. The systematic study and research of social assistance measures, the study of labor guarantees for women with children makes it possible to assess the effectiveness of the state's family policy, to identify shortcomings and gaps in the country's social system. An analysis of the norms of the diverse legislation of the Russian Federation makes it possible to identify additional guarantees for children and families with children, for working women.

Immanuel Kant and the Question of Certainty in Politics

Researchers of Kant’s political philosophy have not paid enough attention to the problem of certainty in politics which is inseparable from the distinction between phenomenon and noumenon. The primacy of practical reason means that morality has a higher value than knowledge. This is a fundamental presupposition of Kant’s philosophy. However, this emphasis on the importance of morality leads to the problematic question of certainty in politics. The recognition of the primacy of morality seems to lead to a situation where politics loses the certainty that belongs to the sphere of noumenon. Such a situation seems to lead to an impossible situation when the distinction between phenomenon and noumenon reappears in the theory of practical reason. The paper puts forward a thesis that for Kant morality is the only ground that allows speaking about the certainty of politics. However, his understanding of certainty in politics has its drawbacks. Politics is dependent not only on the ontology of morality that was emphasized by Kant, but it is also dependent on the kind of certainty that one finds in the sphere of interpersonal relationships. Kant did not pay enough attention to this aspect which remains outside the sphere of the universal law of morality.

Legal aspects of cryptocurrency’s circulation: international experience and possibilities of its application in Ukraine

Based on documentary scientific methodology, the legal aspects of the circulation of cryptocurrencies in Ukraine and other countries of the world are analyzed. The relationship between the state's level of economic development and the level of its interest in cryptocurrencies is demonstrated. It was shown that almost all successful states can create and implement their own cryptocurrency. In addition, it was noted how important the issue of choosing the proper form of legal regulation of the cryptocurrency industry is today. For example, many researchers and experts have emphasized that a kind of compromise must be reached on issues related to the legal regulation of cryptocurrencies. It is therefore concluded that this applies to both the sphere of domestic and international law, where clarity, transparency and unambiguousness of legal norms must prevail. Regarding the latter, it is clarified that cryptocurrencies should no longer exist as a shadow source of income for unidentified individuals. Instead, they should be completely banned and eliminated in both the economic and legal fields, or they should be legalized and regulated by current legislation.

Overview of Some Borrowed Terms from Romance Languages in Legal Terminology in Albanian

Looking at the lexicon of today's Albanian, in the terminologies of different fields of knowledge, we have all the lexical wealth, consisting of two main layers: the local lexicon and the foreign lexicon, introduced through borrowings and different calques from various languages, where modern developed languages occupy an important place, especially Italian and French. One of the Albanian terminologies where this influence stands out is the legal terminology, which really has a late development, which explains the fact of its influence from developed languages, reaching to the words of general use in the field of culture and various spheres of law. It is known that foreign words spoil the language, when accepted and used unnecessarily. Foreign words should be used in those cases when they bring a new meaning, a new meaning nuance, etc., which we cannot express with the tools of Albanian language itself. Only for more concrete borrowings, such as names of newly imported tools, equipment and facilities can be spoken of as an addition to an existing vocabulary. Many borrowed words, which seemed unavoidable, have been adopted as calques, a large number of Romance borrowings today have either been replaced, or have become substituted by Albanian words. Realistically, in legal terminology there is not only a relatively large number of borrowings, but also a range of lexical overlaps with Romance languages.

Contractual Unpredictabiliy in the Context of Covid-19 Pandemic

The new realities require a revitalisation of the legal system to overcome the effects of the Covid-19 pandemic. The current health crisis is, at the same time, a challenge not only for public authorities, but also for the scientific community and legal practitioners, concerned with finding viable solutions for the adaptation of legal institutions. For the legal system, the contract is an essential factor from a theoretical and practical point of view, an indispensable element for the sphere of private law; it is an essential piece of evidence that lawyers will support in the face of new challenges posed by the current pandemic context. In this article we have in view an objective analysis of the contractual contingency, starting from the jurisprudential consecration that was conferred under the previous regulation and until the introduction of this institution in the national legislation with the entry into force of the new Romanian Civil Code in 2011. We intend to present a brief retrospective on the theory of unpredictabiliy and will discuss the regulation found in national law, as well as the existence of this institution in comparative law. In a dynamic social and economic context, it is essential to clarify the relationship between the binding force of contracts and the possibility of invoking unpredictabiliy, in situations where certain changes affecting the contractual balance occur in the performance of obligations. At the same time, as a case study, we will try to answer the question whether this institution finds its applicability in the most debated issue at legal, national and international level in the current period, namely the effects on contractual relations, generated by the Covid-19 pandemic and the measures taken by public authorities to limit the effects of the virus on human health. In the sphere of performance of contractual relations, in progress at the time of the pandemic, a multitude of controversies have been created, regarding the possibility of invoking, as the case may be, force majeure, fortuitous event or unpredictabiliy and in this article we will highlight to what extent the parties have these remedies at hand. Last but not least, the study will highlight the jurisprudential orientation due to the significant changes suffered in the current social and economic context amid the Covid-19 pandemic, respectively if the institution of unpredictabiliy comes to help the contracting parties to save the contracts concluded before the pandemic which have been affected in the context of the measures and restrictions taken by each state. Keywords: Unpredictabiliy; Covid-19 coronavirus pandemic; contractual relations; force majeure; fortuitous event; rebus sic stantibus; pacta sunt servanda.

SOCIAL PROTECTION FOR WORKERS POSTED TO AND FROM SOUTH AFRICA: A CRITICAL ASSESSMENT

Given the globalised nature of work in the twenty-first century, labour and social security law issues relating to worker-posting are sure to increase in the years to come. The purpose of this note is to assess critically the social protection of workers posted abroad from a South African perspective. The contribution addresses this topic by discussing various questions. It concludes by stressing the need for the adoption of a coherent approach as far as social protection for posted workers is concerned by, inter alia, promulgating an act of parliament to regulate the social security and labour law entitlements and obligations of these workers as well as their employers.In addition, it emphasises the need for and the importance of bilateral and multilateral social security and labour agreements between South Africa and other countries, particularly those where South African companies have established themselves. A sizeable number of South African companies (such as MTN, Vodacom, SABMiller, Sasol, Woolworths and Debonairs) have established, or are successfully establishing themselves, in African countries and beyond. At the same time, foreign companies (such as BMW, Levi Strauss, Barclays Bank and Vodafone) have registered, or are in the process of registering, in South Africa at an unprecedented rate. It is true that these companies do employ locals. However, situations do arise requiring a global company to send a worker for a limited period (usually not exceeding twelve months) to carry out work in the territory of a State other than the State in which he or she normally works. This scenario is commonly known as worker-posting and does yield some benefits (including international exposure) to the (posted) workers, their employers and the economy in general. Nevertheless, if not properly regulated, worker-posting may have an undesirable effect, particularly on workers. For example, posted workers may find themselves concurrently covered (ie, at home and abroad) by social insurance schemes or not covered at all. As will be explained later, this can yield undesirable results. For example, it unnecessarily raises the costs of doing business for transnational employers. Furthermore, the period of stay for posted workers is limited and, as a result often does not lead to any entitlement to benefits. In addition, in the labour law sphere, posted workers may fall victim to abuse as regards the basic conditions of employment (eg, relating to pay and working time). The purpose of this paper is to assess critically the social protection of workers posted abroad from a South African perspective. According to the Asian Development Bank (ADB), “social protection” consists of policies and programmes designed to reduce poverty and vulnerability by promoting efficient labour markets, diminishing people’s exposure to risks, enhancing their capacity to protect themselves against hazards and interruption/loss of income”. The aim of social protection for that reason, is to avert or minimise social risks – in that way preventing or minimising human damage – by increasing capabilities and opportunities. As noted by the UN Commission: “The ultimate purpose of social protection is to increase capabilities and opportunities and, thereby, human development. While by its very nature social protection aims at providing at least minimum standards of well-being to people in dire circumstances enabling them to live with dignity, one should not overlook that social protection should not simply be seen as a residual policy function of assuring the welfare of the poorest – but as a foundation at a societal level for promoting social justice and social cohesion, developing human capabilities and promoting economic dynamism and creativity”. This contribution addresses this topic by discussing the following questions: What is the social protection status, with reference to social security and labour law, of workers posted to and from South Africa? Is the present social security and labour law protection framework ideal for extending social security and labour law protection to posted workers? To the extent that it is not, where and what are the gaps and challenges that are likely to hinder efforts to extend or strengthen social security and labour law coverage to this category of workers? Finally, what are the alternatives for improving, in a worker-posting context, the current social protection framework?

ДОМ УЧЕНОСТИ, СЕМЕНА ЗНАНИЯ, СОКРОВИЩНИЦА НАУКИ: РИТОРИЧЕСКИЕ ОБРАЗЫ И СОЦИАЛЬНЫЕ МЕТАФОРЫ ЗАПАДНОЕВРОПЕЙСКИХ УНИВЕРСИТЕТСКИХ СООБЩЕСТВ В XIII–XIV ВВ.

The article scrutinizes the ideas about the academic communities typical for the Latin world of the 13th and 14th centuries. It focuses on the ‘metaphorical vocabulary’ of academic corporations that was formed at that time within the framework of the Ars Dictaminis and was widely used to substantiate the status of university communities. These metaphors significantly supplemented the vague legal concepts that described academic communities (studium/studium generale, universitas). The most widespread metaphors of higher education institutions included such images as house of scholarship, seeds of knowledge, and treasure. All of them had deep roots in the Holy Scripture, but became widespread thanks to ‘exemplary’ texts included in rhetorical manuals and summae. With their help, social reality was interpreted within the framework of rhetoric as an epistemic system, often overlapping with the spheres of law and theology. The paper considers these metaphors in the context of their distribution, within the networks of local political and cultural ties drawing on cases of two Iberian universities – those of Lisbon (founded between 1288 and 1290) and Lleida (founded in 1300).

The Development of Medical Criminal Law in Germany and in Russia

Negative consequences of the actions of medical professionals have always been subject to controversial assessment from the legal standpoint. There were periods in Russian history when doctors were prosecuted even without establishing their guilt first, and the periods when doctors were not held responsible at all for the violations that they committed. Currently, medical and pharmaceutical work is a complicated process of performing professional functions connected with the observance of established standards and requirements of its organization. Most medical tests and manipulations of prevention, research, diagnostic, treatment or rehabilitation character are regulated by formal protocols which could, in some cases, prevent a qualified doctor from saving a patient’s life and in others — inflict forced harm on their health. Both of these situations require a legal assessment of the actions, the mechanism of which has not yet been fully determined. This circumstance could lead to a criminal prosecution of a medical professional whose fault is absent (or non-obvious). On the other hand, a structurally complex professional activity, for which there are no recognized methods of legal assessment, creates preconditions for various violations and abuses on the part of medical professionals. Changing relationships between a doctor and a patient, as well as the commercialization of modern medical practices have made the healthcare system one of the most delicto- and even criminally-oriented. These factors act as causes for the growing complexity of legislation (in the wide sense of the word) on criminal liability of medical professionals and the controversial law enforcement practice which, in its turn, leads to the interest of researchers in these problems. The results of such research often remain unconnected with other achievements of the criminal law science; due to this, it is necessary to study the development of law, including the practice of law enforcement and the doctrine, on criminal liability of medical professionals – medical criminal law. Taking into consideration that such a sub-branch of law is not traditional for Russian science, the authors present the results of researching the development of medical criminal law not only in Russia, but also in Germany, where this sphere of law has long been established as independent.

Methodological bases of the three-link model criminal proceedings (based on materials of the r epublic of Kazakhstan)

In his address to the people of Kazakhstan “Kazakhstan in the New Reality: Time for Action” dated 1 September 2020, the President of the Republic of Kazakhstan K.-Zh. Tokayev charged all branches of the state power to introduce a three-link model of the criminal process with a clear division of powers, based on maintaining a balance in the system of checks and balances, and creating effective filters at each stage. The implementation of this instruction requires the authorized bodies to solve a set of tasks, which, taken together, should create the right conditions for the effective functioning of the system: “police officer – prosecutor – court”. The experience of the countries of the Organization for Economic Cooperation and Development (OECD) is seen as the basis for such a model. The main advantage of such model, as the President of RK K.-J.K. Tokayev states, is to weaken the prosecution and to prevent illegal interference in criminal proceedings. The purpose of the study is to establish methodological foundations for the introduction of the European model of criminal proceedings in the criminal process of Kazakhstan. The idea of the research: the national model of criminal proceedings should be close to the European model, but not be a copy of it.  Scientific Significance of the work: formulation of scientific prerequisites for legitimate adaptation of the Kazakhstani model of criminal proceedings to the European model. Practical significance: formulation of proposals for amendments and additions to the current Criminal Procedure Code of the RK. Methodology of research: a set of methods of logical-legal analysis of law norms, comparativism, dialectical approach to processes of transformation of legal phenomena into legal phenomena. Value of the conducted research: filling of certain gaps in the methodology of research of problems in the sphere of criminal procedural law. The results of the study has a practical orientation and can be used in the law-making activities related to the improvement of norms of the current Criminal Procedure Code of RK. Keywords: three-link model of criminal procedure, methodology, constitutional law, human rights protection in criminal proceedings.

The Road Not Taken

This article explores the position taken by the Herut party and its leader, Menachem Begin, on fundamental issues of democracy and regime type. It analyzes the democratic model that Begin and Herut sought to promote during Israel’s formative years: a presidential democracy with a clearly defined separation of powers preserved in a rigorous formal constitution that includes both judicial supremacy and a mechanism for judicial review. The article illuminates an important and unexplored chapter in Israeli historiography—the right wing’s position on the formation of Israel’s democratic regime—and addresses the ideological roots and foundations of the Likud movement in the spheres of government and law.

CURRENT TRENDS IN THE STUDY, DEVELOPMENT AND MANAGEMENT OF ETHNIC CONFLICTS

The purpose of this article is to try to identify and analyze problematic issues of the methodology and methodology for studying ethno-national conflict, to characterize political and legal novelties in the field of regulation of ethno-national conflict in Russia and to outline the boundaries and formulate the characteristic features and signs of a “new normality” in the course of the ongoing development of the coronavirus pandemic, will in the long term be a determining factor for the further evolution of ethno-national conflicts, their study and management. For this, a special methodology was formulated, which includes the principles of systemic, theoretical-cognitive, institutional, instrumental and interdisciplinary approaches, mediated by the accepted in social science ideas about the relationship and interaction of subjective and objective factors in social processes with the relative independence of the subject. She allowed to achieve the following results: With regard to the methodological problems of theoretical and applied study of the ethno-national, a complex paradigm for the study of ethno-national conflicts was formed and it was established that in the modern English-language discourse there is a transition from the study of conflicts as phenomena in the system of ethno-national relations to their qualification as inter-religious; political novelties in the system of national relations of the modern Russian state are analyzed and characteristics of the current law enforcement in the system of ethno-national relations in Russia are given; the characteristic of the “new normalcy”, which is forming today in the course of the development of the COVID-19 pandemic, is given, conclusions are drawn regarding the crisis and post-crisis transformation of ethno-national conflicts and approaches to their resolution in the post-pandemic era. The conclusions of the work are as follows: ethno-national conflicts are an objectively cognizable phenomenon; their scientific understanding and analysis require the formation of an integrated (polyparadigmatic) approach. Political novelties in the system of interethnic relations in modern Russia (National Security Strategy) indicate that the country's leadership pays great attention to these issues. At the same time, the law enforcement practice, being, on the one hand, established in the criminal and administrative spheres in the civil law sphere, shows us the ill-considered actions of some subjects. With regard to ethno-national conflicts in the course of a pandemic and post-pandemic new normalcy, it should be stated that they will not disappear anywhere and, on the contrary, may acquire new forms, which will have to be promptly and adequately responded to.

Arbitration, the World Trade Organization, and the Creation of a Multilateral Investment Court

Abstract The proliferation of international tribunals has reached the investment sphere. The European Union and its treaty partners have included an investment court system in the four individual investment agreements they have negotiated since the European Union took competence over foreign direct investment with the passage of the Lisbon Treaty. The United Nations Commission on International Trade Law (UNCITRAL), with the European Commission’s encouragement, is considering reform of investor-state arbitration with the front runner for reform the establishment of a multilateral investment court. Yet trade and investment law seem to be an oddly inverse relationship when it comes to preferred modes of dispute settlement. In the trade law realm, the survival of the ‘crown jewel’ of the World Trade Organisation (WTO)—its Dispute Settlement Body is uncertain. The appellate body has recently come in for special opprobrium. Arbitration is one of the suggested alternatives should existing dispute settlement procedures cease to function. Thus, in the investment law sphere, arbitration is apparently more and more disfavoured, and the preferred alternative is some kind of standing body with the pièce de résistance—an appellate body—at its apex. Why are these two regimes asynchronous? I hypothesize that states favour judicialization of disputes in the abstract but have reservations once judicialization becomes more concrete. Judicial or quasi-judicial decisions are hard for individual states to ignore or discredit, yet states have difficulty organizing multilateral responses to decisions they dislike.

Abuse of the Rights of the Taxpayer

Statement of a problem. The design of abuse of law, first developed for the sphere of private law, was further transferred to the sphere of public law. But this does not make it possible to equate abuse of law in private and public relations. There is a fundamental difference between them due to the nature of the regulated relations, the specificity of the methods of legal regulation. The process of shaping and developing perceptions of the possibility of abuse of rights in the field of taxation has gone through a complex, contradictory path of development. Initially, the Constitutional Court of the Russian Federation effectively recognized that the category «abuse of the right» did not apply to taxpayers. However, the need to find a balance between public and private interests required the development of fundamentally new approaches, naturally derived from the content of general and special principles of tax law. The aim and objectives of the study is to carry out a systematic analysis of the peculiarities of taxpayers» abuse of their subjective rights. Methods. Methods of knowledge of legal reality are used general (dialectic), general scientific (the analysis, synthesis, classification, generalization, the description) and private and scientific (legallistic, interpretation methods) when carrying out a research. Conclusions. Abuse of tax law is a particular form of tax offences. Unlike the offences of the classical kind, its wrongfulness, the public danger is veiled as the subject tries to take his behavior into legal form. Abuse of the law in the field of taxation is an illegal socially dangerous act of the taxpayer, in the sense that the person, based solely on his own interests, deliberately goes beyond the limits of a legally defined measure of possible behavior, while unduly reducing the measure of his proper behavior and the measure of possible behavior of other participants in tax legal relations. The courts, given the nature of the abuse committed, may deny a person the protection of his subjective right in whole or in part; Oblige a person to comply with his or her tax obligation; To decide on compensation for the damage caused to the public interest in the form of an accrual and recovery of penalties for late payment of fiscal payments and tax sanctions – fines for improper performance of public legal obligations in the field of taxation.

Comparative Analysis of the Structural and Semantic Features of Terminological Units of Professionally Oriented Discourse (on the Material of the English Language)

The article is devoted to the analysis of structural features of terms in the spheres of art, religion and law. The material of the research includes art-related texts from the journal The Artist, religion-related texts from the journal Faith and Philosophy published in the Internet, texts of the decisions of International Court of Justice presented in the official website of the Court. The authors speak about the existence of a universal classification of terms according to which terms can be classified into one-component, two-component and multi-component ones. The article presents a comparative analysis of terminological systems of art, religion and law. The results of the empirical research proved that the sphere of art is represented by one-component terms, verbalized by nouns, two-component terms expressed by a combination adjective + noun, multi-component terms consisting of three and more lexemes. The terminological system of religion is represented by one-component and two-component terms, expressed by analogous part-of-speech models. Terminological system of law also employs one-component terms expressed both by nouns and verbs, two-component terms represented by various structural models, multi-component terms.

Chimera of domestic antitrust: Institute of collective dominance in Russia

The paper defines the features of the collective dominance institute in Russia as well as the relation between collective dominance and oligopoly in the spheres of law and economic theory. The article evaluates the grounds and consequences of the collective dominance legal norm application; it suggests an approach to examining the relation between effects and expected results of this legal norm application and outlines the potential ways to harmonize the best international practices of the collective dominance norm application with the existing economic standards of product market analysis for the purpose of competition law enforcement. Results of the oligopoly theory and the Russian version of collective dominance institution key elements comparison show: the collective dominance institution concept is inadequately applied to identify individual abuse of dominant position due to possible law enforcement errors. The Russian version of collective dominance institution reflects one fundamental tendency intrinsic to Russian antitrust: examined more closely, law enforcement, which is de jure aimed at protecting competition, appears to be economic regulation, which de facto can lead to competition restriction. One of the possible structural alternatives for the collective dominance institution reforming is based on presumption of the need to analyze the joint impact exerted by a group of undertakings on the market.

An issue of legal personality of Kyivan Rus’ in Ukraininan law science

Problem setting. Legal personality of Kyivan Rus’ is very complex issue, which contains elements such as contract law, law of war, ambassadorial law, general position of the state in the international relations sphere. The condition of Kyivan Rus’ in medieval history can be determined only after analyzing researches of well-known scientists, who had different opinions on this subject. In spite of the fact that a lot of researches were made on this topic, there is no clear and unambiguous answer to the question: “was Kyivan Rus’ independent and equal subject of international law?” In our opinion, this topic is actual even nowadays, because without an analysis of the issue it is impossible to form a modern understanding of Ukrainian statehood and its features in different periods. Analysis of recent researches and publications. Valuable contribution to the research of Kyivan Rus’ position in international relations sphere were made by lots of scientists in areas of Ukrainian history and history of international law such as O. Zadoroznyi, P. Tolochko, O. Butkevich, A. Dmitriev, Y. Dmitriev, M. Kotlyar, V. Pashuto, D. Feldman, V. Butkevich, I. Shekera, O. Pavlenko etc. Target of research is to analyze and compare opinions of different authors on the issue of determining Kyivan Rus’ as legal entity of international law. To achieve this target these tasks have to be solved: to research and analyze modern scientists’ studies about the position of Kyivan Rus’ in international law sphere in medieval period; to compare scientists’ views on legal personality of the state and come to a certain conclusion on this issue. Article’s main body. In this article author analyzes different periods of Kyivan Rus’ existence, general position of the state in international relations sphere and opinions of different scientists on this subject. Also, the article provides a comparison of scientists’ views on the topic of legal personality of international law of Kyivan Rus’. Conclusions. Kyivan state in different periods of its existence was in various international legal positions. Despite of the fact, that features of international law of Kyivan Rus’ is a topic for controversy, Ukrainian and foreign scientists came to the conclusion that Rus’ was full-fledged subject of international law and after its collapse it revived in the Principality of Galicia-Volhynia, Zaporozhian Sich and the Cossack Hetmanate, Ukrainian People’s Republic, UkSSR (as independent UN member) and modern independent Ukraine.

Criminological and Criminal Law Signs of Mental Violence in Crimes Against Public Security Under the Criminal Law of Ukraine

The author examines topical aspects of specifying mental violence in the criminal legislation of Ukraine on the basis of Articles from the Section «Crimes against Public Security», namely «Banditry», «Terrorist Acts», «Intentionally False Report about a Threat to Public Security, or a Threat of Property Destruction or Damage». Special attention is paid to the empirical data collected on the basis of indicators of the Prosecutor General’s Office of Ukraine, the guilty verdicts of the courts of Ukraine under the above-mentioned Articles. On this basis, the author specifies objective attributes of the presence of mental violence in the above-mentioned crimes, analyzes their significance and, using the cases of court verdicts, proves the presence of mental violence. Mental violence is expressed through the use of the following terminology: coercion, compulsion, involvement, threats, recruitment, use of weapons, exerting psychological pressure against the victim, threat (of explosion, arson or other actions terrorizing the population, posing danger of human death, considerable damage to property or other grave consequences). The author has analyzed and presented the percentage ratio of all crimes under consideration and, using the conducted analysis, has developed recommendations on supplementing the formal components constituting these crimes with a compulsory object of the mental health of the population. Besides, having assessed the cumulative data from the survey of police officers whose work is connected with crime investigation, the author concludes that, within the framework of crimes against public security, such criminal means as involvement and coercion are varieties of mental violence which, through psychological influence, change a person’s mentality and behavior. To improve the professional competence of investigators in the spheres of psychology, criminal law and criminology, the author suggests developing for investigators an algorithm of actions for identifying mental violence in crimes against public security.

Security of assemblies in the Republic of Poland and the Czech Republic – administrative and legal conditions

The organization of assemblies in the Republic of Poland and in the Czech Republic is an increasingly common occurrence in public life. The freedom of peaceful assembly enables their participants to express their views, which in a democratic state under the rule of law is a desired expression of the constitutional rights and freedoms of individuals. Therefore the course of gatherings should be safe not only for its participants, but also for the attendees. The organizer, law enforcement and police officers are responsible for the safe conduct of the assembly. On the other hand, technical and logistical considerations are also important for the security of assemblies. The pandemic currently experienced by the majority of societies not only in Europe, but also on other continents, makes a significant impact on the sphere of law and civil liberties, including the right to organize assemblies. This paper addresses the issue of security of assemblies in Poland and the Czech Republic from the point of view of administrative solutions implemented during the COVID-19 pandemic. This paper constitutes the result of team research conducted as part of a scientific internship by the Authors in Fakulta bezpečnostního inženýrství, Bezpečnostních služeb – Vysoká škola báňská – Technická univerzita Ostrava in the Czech Republic.

THE STATUTE OF TRADE UNIONS AS A LIMIT OF ABUSES AGAINST EMPLOYERS – SELECTED ISSUES

The article attempts to answer the question whether the economic freedom of the employer is not blindly limited by the model of trade unions, which do not conform to the modern economic reality, which, in the light of the principle of self-governance, often abuse their dominant position in the labor market. The author points to selected problems in the self-government of trade unions at the level of non-employment, pointing to the importance of the trade union statute, which determines the scope of protection of trade union activists in the sphere of individual labor law. The author puts forward the thesis that the basis for the balance of social partners is the observance of internal regulations by trade unions.