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The article carries out a scientific analysis of the concept, characteristic features, types and mechanisms of providing administrative services in the field of social protection. The current state of the mechanism for the provision of social services in Ukraine and the prospects for reforming this sphere in the future are considered. It is noted that the legal provision of social services in Ukraine is based on several key legal acts and strategic documents. This is, in particular, the Law of Ukraine «On Social Services», which defines the basic principles, types, procedure of providing social services and is aimed at creating a competitive market of social services and ensuring their availability for all citizens. The strategy for the development of the social services system for the period until 2025 defines strategic directions and tasks for improving the quality of social services, including decentralization, standardization and quality monitoring. The legal provision of social services also includes a number of state social standards and guarantees established by laws and other normative legal acts, which standards determine the minimum amounts of social benefits, pensions and other types of social assistance. Social protection is characterized as a system of economic, social, legal, and organizational measures that provides able-bodied people and citizens with appropriate conditions for improving their well-being at the expense of personal labor contributions, and the disabled and socially vulnerable strata of the able-bodied population - guarantees in the use of public consumption funds, material support, tax reduction. Various approaches to the classification of administrative services of a social nature based on legislative and scientific-theoretical principles are highlighted. The mechanism for providing administrative services of a social nature is revealed. It has been established that administrative services are provided by subjects of administrative service provision directly and through centers for the provision of administrative services or through the Unified State Portal of Administrative Services. It is emphasized that reforming social services in Ukraine is an important direction of state policy aimed at improving the quality and availability of social services for c itizens. [ABSTRACT FROM AUTHOR]

The article is dedicated to characterisation of the specifics of exercising the constitutional right to education under the legal regime of martial law. The right to education has its own distinctive features: firstly, it is a constitutional (fundamental) right, since it is established and guaranteed by the Fundamental Law of the state. This leads to its other features, such as direct effect, increased stability and protection by the state. Secondly, the constitutional right to education should be classified as a cultural right, as it provides a person with opportunities to receive educational services, acquire knowledge and skills, and that ultimately enhances his or her cultural development. Thirdly, it is a positive right, as its realization requires certain positive actions, such as creation of a network of state and municipal educational institutions. Fourthly, it is a relative right, as it may be subject to certain restrictions imposed under special legal regimes introduced according to the law. Fifthly, the constitutional right to education is of a material nature, as it ensures that a person receives educational services and obtains education in order to become competitive in the labour market and receive decent remuneration. Sixthly, the right to education is a guarantee of other rights realization, for example, the right of all people to free development of their personalities (Article 23 of the Constitution of Ukraine). However, despite the existence of international, constitutional and legislative guarantees for realisation of everyone’s right to high-quality, accessible and free education, full realisation of this right is hindered by certain restrictive measures established through regulatory acts that contradict the Constitution of Ukraine, laws and international acts and violate the principles of equality, nondiscrimination and proportionality. As a result of the ban on concluding agreements for contractual education, our state loses a large amount of financial revenues to replenish state/local budgets. All of this negatively affects the overall image of Ukraine making many Ukrainian citizens, including men, move abroad and obtain their education there, therefore replenishing the budget of foreign countries. [ABSTRACT FROM AUTHOR]

The scientific article identifies the peculiarities of improving the service activity of administrative courts in Ukraine. Special guarantees include legal (legal) guarantees of legality of service activities of administrative courts in Ukraine, which represent specific legal means and internal legal mechanisms, which are a real embodiment of legality in the legal sphere. Legal guarantees of the legality of service activities of administrative courts in Ukraine include: completeness and effectiveness of legal norms; a high level of control and supervision over the implementation of legality; quality activity of competent authorities to ensure legality; improvement and improvement of legal practice; effectiveness of measures of legal responsibility. The author has highlighted the areas of effectiveness of the implementation of legal guarantees of the service activity of administrative courts in Ukraine, namely: to improve the administrative and legal regulation and the mechanism of control on the part of public administration subjects through the delimitation of their competence; the procedure for exercising the powers of state authorities and local self-government bodies regarding control in service activities; to develop and adopt the Law of Ukraine «On Judicial Services», in which to define an exhaustive list of government entities that would carry out control in this area, their powers, forms and procedures of such activity, methods, methods of implementation and responsibility in case of abuse of control, etc. ; strengthening public control and creating effective feedback with civil society organizations through the development and implementation of the project «Proliferation of non-state monitoring of service activities of administrative courts in Ukraine», which will improve the quality of the provision of court services by relevant entities of public administration, etc. [ABSTRACT FROM AUTHOR]

The institution of advocacy in any democratic society is called to play an important role in ensuring principles of the legality and the supremacy of law. The importance of this has been confirmed by the constitutional prescription of the Art. 131-2 of the Constitution of Ukraine, according to which the advocacy operates in Ukraine to provide professional legal assistance. At the same time, only an advocate has the right to represents another person in court, as well as defense against criminal charges, with the exception of certain cases. The relevance of the study of the guarantees of advocatory activity in Ukraine has been determined by the existing problems of their violation. In particular, there is a need both to solve the existing practical aspects and to take into account the prospects of regulating the specified relations in the conditions of European integration, including in the future post-war period. At the same time, it is important to develop ways to ensure compliance with the guarantees of advocatory activity in Ukraine on the basis of taking into account the experience of the countries of the European Union and the best global standards. The peculiarity of the Ukrainian advocacy is that in the society it plays the role of a non-state self-governing institution, which takes care of ensuring the protection of the professional rights of advocates, compliance with guarantees and the proper implementation of legal activities, ensuring a high professional level of advocates and resolving issues of their disciplinary responsibility. Advocatory activity is impossible without the adequate guarantees of legal independence. The actual identification of advocates with their clients, attempts to hinder the practice of law by means of groundless appeals to bring advocates to various types of liability, etc., are extremely common violations of the guarantees of advocatory practice as of today. The existence of an independent institute of advocacy has a positive meaning for the state as well, because it balances forces, a clear system of checks and balances appears, which minimizes the possibility of various types of abuse. At the same time, the real guarantee of compliance with the guarantees of advocatory activity will be not only their consolidation in a declarative order, but effective enforcement of compliance, including by applying to guilty persons the measures of legal responsibility defined by law. [ABSTRACT FROM AUTHOR]

Security rights play a vital role in creditor risk management, serving to mitigate the risk of borrower default. Indonesian law recognises several types of security rights commonly used in the market, which are periodically updated to accommodate evolving market demands. This article provides a concise overview of the types of security rights under Indonesian law and their characteristics. It also explains key highlights and practical challenges associated with these rights. [ABSTRACT FROM AUTHOR]

The aim of the study is to analyze the substantive and value-oriented guidelines of modern Ukrainian constitutionalism in the post-war period. The relevance of the research is driven by the need to restore and reform Ukraine's legal system in the post-war period. Rebuilding the country requires not only physical reconstruction but also a rethinking and strengthening of the constitutional foundations upon which the state is built. The research methodology includes doctrinal research, comparative analysis, and empirical research methods. The study analyzed the shift in the values of Ukrainian constitutionalism in the post-war period. Key directions for the restoration and development of Ukraine's legal system were identified, including ensuring sovereignty, protecting citizens' rights and freedoms, developing democratic institutions, economic stability, national identity, international cooperation and integration, humanitarian support for war victims, and environmental sustainability. Challenges and opportunities facing Ukrainian society in the context of post-war recovery were analyzed, and measures to strengthen the legal order and democratic values were proposed. [ABSTRACT FROM AUTHOR]

It is noted that in the conditions of rapid development of society, scientific and technical progress and the emergence of new diseases, the issue of the realization of the right to health care acquires special significance. The growth of the planet's population, increasing man-made load on the environment, deterioration of the ecological situation and armed conflicts significantly affect the exercise of this right. The lack of a minimum level of health makes it impossible for a person to fully participate in state and social life, limits the realization of his rights, which, in turn, threatens economic development, stability and security of society. This scientific article defines the content and types of guarantees for the realization of the right of individuals to health care and medical assistance. The subject of the application of guarantees is the state in the person of authorized competent bodies that act to promote the realization of the specified right and its protection. Various approaches of scientists to the definition of the concept of «guarantee» and their classification have been analyzed. The main role in the system of guarantees for the realization of the human right to health care and medical care belongs to legal guarantees, which are enshrined in law and ensure the implementation of its norms. Legal guarantees include all legal means by which human and citizen rights and freedoms are implemented and protected, as they provide legal responsibility for authorized subjects for failure to fulfill or violate the rights and legitimate interests of citizens, as well as contribute to increasing the guarantees of the realization of rights. It is proposed to consider the guarantees of the right to health care and medical care as a system consisting of two groups - general and legal (special) guarantees, which in turn contain a certain set of elements. The group of general guarantees includes political, economic, social, cultural and informational guarantees; legal (special) guarantees include regulatory, institutional (organizational) and international legal guarantees. The author proposed an author's definition of the concept and content of the relevant components of both general guarantees and legal (special) guarantees. The author actualizes the issue of wider use of stimulating constitutional guarantees of the human right to health care and medical care. [ABSTRACT FROM AUTHOR]

Copyright of Oeconomicus is the property of Znanstvena Rijec d.o. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Middle East Journal of Legal & Jurisprudence Studies / Mağallaẗ al-Šarq al-Awsaṭ li-l-ʿulūm al-Qānūniyyaẗ wa-al-Fiqhiyyaẗ is the property of Manar Elsharq for Studies & Research and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The existence of the constitution is so important to human rights in providing a fundamental foundation. This is because it substantially includes human rights protection arrangements for all people. Various countries or almost the entire world declare their constitutions through the basic material content of human rights rules and levels with the highest position and become the core of state administration. The dominance of the constitution in output will provide new legislation or changes in accordance with the change of regime in a special chapter, as stated in the provisions of Indonesian state legislation through amendment II of the 1945 Constitution. There is also a constitution that does not regulate in a special chapter related to the realm of human rights, but is spread sectorally in several parts of the article. The results showed that the conception of a state that meets the elements of human rights and the constitution is likened to having 2 sides of the coin, which means some differences are opposite but complement each other. In the transformation of pre- and post-amendment Human Rights (HAM) arrangements, they are divided into three classifications, namely related to the generation of human rights, first which contains aspects of problematic aspects of political and civil rights, then related to socio-cultural and economic rights, and finally regarding equal rights between citizens. There are doubts that Indonesia's human rights draft is obtained from the adaptation of the Indonesian nation so far stealing from western thinking which is closed by an amendment to Article 28J of the 1945 Constitution which regulates the restriction of human rights. Therefore, understanding the context of Article 28J, which at that time was known as the content of human rights restrictions that absolutely have freedom of individualism along with regard to human rights obligations in the Indonesian constitution. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Social Affairs is the property of Journal of Social Affairs and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Provision of People's Business Credit (KUR) to MSMEs facilitates business development. However, in providing KUR, banks must not ignore KUR distribution because banks are very careful in this regard to avoid unwanted things such as default or bad credit. Several factors must be considered by banks when offering KUR. This study aims to identify the determinants of KUR granting to MSMEs in the city of Malang. Respondents in this study were business entities or MSME owners in Malang City. This study uses the variables income, age of business, security, education, financial reports and cultural characteristics. The type of research used is mixed methods. Logistic regression analysis was used to test the hypothesis of this study. Based on the results of the study it is known that income has a positive and significant effect on the decision to grant KUR. Business age has a negative and significant effect on the decision to grant KUR. insurance and education do not affect the decision to grant KUR. Financial statements have a positive and significant effect on the decision to grant KUR. Cultural characteristics have a positive and significant effect on the decision to grant KUR.

When someone exercises his right of action and the proceedings begin, any interruption and obstruction in this work has a negative effect and is prohibited. Despite this, the reasons for recuse the judge, which is rooted in the two principles of the impartiality of the judge and the independence of the court, in some way create an obstacle in the process of proceedings, so the incorrect implementation of that can affect the right to action by sending the case to other judges or courts in which the litigants to be felt upset about the proceedings that he does not consider himself recused. These recuse causes, which are contained in the law, if they are implemented in accordance with that principles, there will be a kind of balance in the implementation of the principles, which will not interfere with litigation, nor invalidate the proceedings and the judgment. With this definition, not including a direction in the form of recuse to the judge does not prevent it from being presented as a defense in the process of complaining about the reviewing of the decision, which is a new point of view in this article. Also, the six unification decisions of the Supreme Court, which have been issued regarding the clarification of hard cases of recuse and the effect of refusal to adjudication, although it has been able to solve the ambiguities of the laws to a large extent, it does not answer all the questions surrounding these aspects and shortcomings remain. Some unification decisions of the Supreme Court, while important, do not have a solution regarding the implementation of the principles of neutrality and independence, and others have been issued due to the misuse of the judge's recuse, while comparative studies can provide useful approaches to reform laws and regulations.

The article examines the general theoretical characteristics of universal human rights. It is noted that human rights are an integral part of human dignity, they define the essence of humanity, and represent the limits of state power in relation to the individual. It is emphasised that today there is no single approach to substantiating the theory of human rights. The article emphasises that every person is endowed with universal, inalienable and inalienable rights, which are called human rights. It is established that the universality of human rights is clearly enshrined and recognised in numerous international legislative acts. The author emphasises that the universal nature of human rights and freedoms enshrined in the Universal Declaration of Human Rights is beyond doubt. A number of approaches to the understanding of human rights are investigated. It is determined that the universality and full observance of human rights is an ongoing process that requires constant attention and global cooperation. It is noted that human rights are an integral part of human dignity; they are the fundamental principles which define the essence of humanity and apply to every individual. These rights are conditioned by the universal principles of justice and dignity, which must be protected and guaranteed by the State. The author establishes that universal rights are inalienable, since a person cannot be deprived of them without violating the basic principles of justice. These rights create the limits of state power, emphasising that the state must protect and respect the rights of every individual. In essence, human rights cover a wide range of aspects, such as the right to life, liberty and security of the person, freedom of thought and expression, the right to education, work and an adequate standard of living. These rights are the basis for the development of a just and humane society. It is noted that human rights are universal and inalienable in any cultural or geographical context. Ensuring their respect and observance is the responsibility of both the individual state and the international community. Violations of human rights not only violate the basic principles of justice, but can also lead to serious social and political consequences.

The aim of the article is to thoroughly characterize the rights of all health care workers in accordance with the current legislation of Ukraine, as well as to identify problems that arise in the process of protecting the rights of health care workers and to propose ways to eliminate them. Materials and methods. In the course of the research 1,000 healthcare workers were interviewed and surveyed regarding the violation of their fundamental rights in the city of Kyiv and medical and preventive institutions of the Kyiv region. Evaluating the violation of the rights of health care workers, it was found that every fifth medical worker notes the violation of his rights by patients, which is 70%, and by health care institutions – 25%; from colleagues – 3%; the other 2% refrained from answering. The results. As of January 1, 2024, according to the statistical data of the National Health Service of Ukraine, it is stated that from January 1, 2022 to December 31, 2023 in Ukraine: the number of specialist doctors increased by 5.2% (+4667), by 4.9% (+1280) – primary care physicians (PHC), by 6.7% (+9961) – secondary medical personnel [1]. Thus, the number of medical workers (doctors, middle and junior staff (without pharmacists)) in the Electronic Health Care System as of January 1, 2022 was more than 288000, as of January 1, 2024 – 345000, and medical institutions – 7,393. In July 2023, the number of medical workers was already 396000, and the number of medical institutions was 6559. Whereas in December, the number of medical workers increased to almost 520000, and medical institutions – to 8444 [2]. Conclusions. In order to improve the protection of the rights of healthcare workers, it is necessary to implement at the legislative level the concept of medical neutrality, which should apply in all democratic countries, regardless of the situations that arise in society. The authors formulated the main principles of medical neutrality, in particular: protection of medical workers, patients, health care institutions and other medical formations, medical vehicles from attacks or from illegal interference; free access to medical care, in particular treatment, as well as necessary medicines and medical devices; humane treatment of the entire civilian population; lack of discrimination in the treatment of the sick or injured; observance of the rights of patients, in particular, to keep a secret about the state of health, to refuse treatment.

Article 2(10) of Regulation (EU) 2017/2402 of the European Parliament and of the Council of 12 December 2017 laying down a general legal framework for securitisation, states that "'synthetic securitisation' means a securitisation where the transfer of risk is achieved by the use of credit derivatives or guarantees, and the exposures being securitised remain exposures of the originator." This article explores the structuring of synthetic securitisations where risk is transferred by using guarantees that enable the originator to obtain the necessary credit protection. We analyse the most common structures that players in the European market use and the interest and benefits deriving from them for banking institutions acting as originators, as well as how they are implemented and organised in the Portuguese legal system. [ABSTRACT FROM AUTHOR]

Under Next Generation EU (NGEU), the European Commission has issued bonded loans to finance an ambitious programme of modernisation in its Member States. These bonded loans are backed by a general guarantee from the EU budget enhanced by an increase in the contribution of the Member States to the EU's GNl-based own resources. This choice marks a discontinuity with the practice to issue unconditional and irrevocable guarantees arranged, at different degrees, under the EFSF and SURE bond issuances. The reasons for this choice can be found in the need to avoid setting a precedent justifying the issuance of joint debt instruments, variously backed by a guarantee of EU Member States. Nevertheless, the need to raise resources for the green and digital transition and the common defence might change this picture. [ABSTRACT FROM AUTHOR]

The article is devoted to the analysis of the historical development of legislation on advocacy, its organizational structure, in particular, advocacy self-governance, the requirements imposed on the advocate in the comparative aspect of Art. 2 of the Law of Ukraine «On Advocacy» and part 2 of Art. 6 of the Law «On Advocacy and Advocacy Activities». The issue of the role of the legal profession and the individual lawyer in society is analyzed. It is well-founded that the self-government of the bar should provide lawyers with a system of guarantees that will allow them to work competently and legally, to perform their functions properly and impartially. Therefore, the internal organizational structure of the bar must be perceived in the context of the functions performed by the bar self-government, and this is the business of the lawyers themselves. It is proposed to create a special arbitration court of advocates, with appropriate powers to consider appeals by persons and advocates for offenses that took place in the activities of the advocate, his powers and methods of their implementation. it is expedient to introduce the arbitration court of advocates instead of disciplinary chambers of qualification and disciplinary commissions of the bar and The Higher Qualification and Disciplinary Commission of the Bar with the transfer of powers to such a court not only regarding the application of appropriate disciplinary sanctions to lawyers, but also the resolution of other disputed issues and compensation for the damage caused, which will require amendments to the Law. In another way of introducing an arbitration court of lawyers, it is proposed, along with the relevant commissions, to make changes to the Statute of the National Association of Lawyers of Ukraine (hereinafter – NAAU) also on the authority of the court to apply appropriate sanctions to lawyers and establish other duties of a lawyer, and the right to choose the body to which a specific person, leave for the complainant. The structure of NAAU was analyzed and an opinion was expressed about the expediency of the existence of certain committees in it. There is a well-founded opinion about the need to carry out relevant reforms in the bar in order to self-purify it, but it is better to initiate this process by the lawyers themselves. [ABSTRACT FROM AUTHOR]

Objective The issue of financing is a significant management topic for entities, with objectives including investment, profitability, risk reduction, and meeting the company's financial needs. Debt contracts are crucial financial resources for companies. Iranian companies typically use bank facilities or issue debt securities to outsource financing. Since financial statements are an important source of information for providers of financial resources, this research aims to examine the relationship between earnings quality and financing through bank facilities and debt securities and to compare these methods. Additionally, the research investigates the effect of the type of guarantee (bank guarantees compared to other types of guarantees) on the extent of companies' access to resources from issuing debt securities in the capital market. Methods The statistical population of this research is the companies listed on the Tehran Securities Exchange and Iran Fara Bourse from 2011 to 2022. To test the first, second, and fourth hypotheses of the research, multiple linear regression was used, and Kramer's Z test was used to test the third hypothesis. Results The results of the research showed that there is a significant positive relationship between the earnings quality and receiving bank facilities and issuing debt securities in the capital market. As a result, by increasing the quality of accounting information and especially earnings quality, the company's access to financial resources from the providers of financial resources increases. Conclusion Therefore, company managers are advised to improve the quality of financial reporting and earnings quality to enhance their access to bank financial resources and the issuance of debt securities. Also, the results of Kramer's Z test showed that the relationship between earnings quality and issuing debt securities is stronger than the relationship between earnings quality and receiving bank facilities. Therefore, it is recommended that the managers of companies who plan to finance through debt securities should focus on improving their financial reporting and earnings quality. This is because the Securities and Exchange Organization places considerable importance on the audited financial statements and the earnings quality at the time of granting the license to issue debt securities. In addition, the results showed that the type of guarantee (use of bank guarantees compared to other guarantees) enhances companies' access to financial resources by issuing debt securities. Therefore, it is recommended that the companies use bank guarantees when issuing debt securities if they have access to banks as guarantors, taking into account the final cost of the debt under these conditions. This is because, based on the results of this research, if bank guarantees are used, the possibility of companies accessing resources from the issuance of debt securities increases. [ABSTRACT FROM AUTHOR]

Copyright of Revista de Estudios de la Administración Local y Autonómica is the property of Instituto Nacional de Administracion Publica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Journal of Anbar University for Law & Political Sciences is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of International Journal of Specialized Islamic Studies (SIS) is the property of Refaad for Studies, Research & Development and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Product guarantees are known to the manufacturing industry, however warranties have been rare in Orthopaedic surgery. Over the last 10 years, select manufacturers of implants have instituted warranties of varying scope, length, and reimbursement. This phenomenon prompted us to investigate the landscape of warranties in Orthopaedics and compare that to other medical industries to better inform their impact on patient care. We conducted a systematic review of patient access material of over 120 Orthopaedic manufacturers including that of the Top 25 grossing companies of 2022 to identify the prevalence and scope of these warranties. We identified eight companies that offer a warranty on implants. The expiration time for the implant warranties ranged from one year to lifetime. The scope of the warranties ranged from coverage of a one-time component replacement to outcome-based guarantees that cover any complications and revisions that may result from the surgery. While the use of warranties remains uncommon in orthopaedics, their utility is expanding and evolving. Contemporary warranties appear to have a focus on enhancing product-marketability and improving quality-control. [ABSTRACT FROM AUTHOR]

The Constitution of the Bolivarian Republic of Venezuela establishes the State-society relationship as a transversal axis, made possible through the presence of greater spaces for citizen participation that act in the defense and guarantee of social, civil and political rights. This article identifies these spaces in the field of housing through the actions managed since the 1960s and, particularly, those carried out through the "Great Housing Mission in Venezuela". This article identifies these spaces in the field of housing through the actions managed since the sixties and, particularly, those carried out through the "Great Housing Mission Venezuela" which, without a doubt, has become a social program that promotes the emergence of new leaderships through organizational figures and the involvement of citizens in addressing collective issues that interfere and provide a better quality of life. Through a qualitative approach, with the objective of understanding the role of the citizen in this social program, an approach is presented in the identified spaces for citizen participation. This is analyzed with the understanding that participation seeks to give prominence and co-responsibility to the individual, organized communities and associative entities in the management of public affairs. [ABSTRACT FROM AUTHOR]

Copyright of Nuevo Foro Penal is the property of Universidad EAFIT and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The scientific article examines the formation of constitutional and legal foundations and guarantees of the right to a safe environment in Ukraine. It is substantiated that the importance of environmental protection as a key issue arose immediately with the active use of natural resources by man. A thorough historical tour and comparative analysis of the development of legal regulation of the protection of the right to a safe environment made it possible to single out six main periods on the territory of Ukraine. It was revealed that the key historical legal monument of Ukraine - «Russian Truth» is the act with which we associate the beginning of the first historical period of development of legal regulation of the protection of the right to a safe environment. The first historical period is characterized mainly by customary regulation of environmental protection, fragmentation and limitation of legal instruments of protection. Existing regulations mainly protected the rights of land owners and animals. It is proved that during the development of the Cossack statehood on Ukrainian lands, the approach to the customary regulation of the protection of individual natural resources was preserved. At the same time, in practice, extensive use of nature was widespread, in particular cattle breeding and agriculture, which rather quickly exhausted ecosystems, even leading to their destruction. It is proven that the third stage of historical development began in 1917 and is associated with changes in the political organization and restructuring of state institutions, the appearance of the first acts of the constitutional level and the guarantee of certain instruments in the field of environmental protection. It is substantiated that the fourth historical stage began in 1960 and lasted until 1990, characterized by the transition from the regulation of the use of natural resources to the adoption of environmental norms and the establishment of constitutional guarantees for environmental protection. The fifth stage (1991-2022) began with the independence of our state, the introduction of significant changes to the regulation of the processes of using natural resources, environmental protection, taking into account European and international approaches. During this period, a modern environm ental policy was formed, which aimed to guarantee the implementation of constitutional guarantees for environmental protection. It has been proven that the sixth period of development (modern, which began on February 24, 2022 and continues to this day) is caused by a full-scale invasion, the task of irreparable damage to the environment due to war crimes and the need to change environmental legislation to respond to modern challenges and threats, restore and preserve natural resources. [ABSTRACT FROM AUTHOR]

Copyright of Tesla Revista Científica is the property of Puerto Madero Editorial Academica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Teoría & Derecho. Revista de Pensamiento Jurídico is the property of Editorial Tirant Lo Blanch SL and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de Derecho UNED is the property of Editorial UNED and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista CIENCIA UNEMI is the property of Universidad Estatal de Milagro (UNEMI) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Independent guarantees, including other similar instruments, such as letters of credit (LCs) and standby letters of credit (standbys), are essential financial instruments in international commerce. This article provides an in-depth analysis for the rules of the instrument of independent guarantees in mainland China. Several key provisions of the rules are examined with illustration of relevant court cases. Where appropriate. a comparative analysis with ICC international customary rules, US law and English law regarding these comparable instruments is also made. Havingfocused to a large degree on a comparative analysis in the body of the article, the article argues that, although Chinese miles are a significant development in international trade finance as compared to other developing countries, they are still imperfect and vague in some aspects, and to some extent jail short of the international practice (and laws/rules) that apply to comparable instruments (LCs, standbys and independent guarantees). Thus, they must be complementary to international customary rules in order to resolve related disputes properly and to provide certainty and predictability to international commercial parties in independent guarantees transactions. [ABSTRACT FROM AUTHOR]

International transfers of personal data have been challenging for companies in recent years, in particular, from Europe to the US. The lack of legal certainty that decisions on the matter have caused, has increased the regulatory risks inherent to international transfers of data to third countries that have no adequacy decision. [ABSTRACT FROM AUTHOR]

This article presents how Chapter 2 of Directive (EU) 2019/1 of the European Parliament and of the Council (the ECN+ Directive) has been transposed into Polish law. This Chapter refers to the fundamental rights of undertakings in proceedings concerning infringements of Articles 101 and 102 TFEU. The article discusses selected issues related to the correctness of the transposing legislation. It formulates a critical assessment of the content of the Polish legislation and proposes how these provisions could be amended. The authors conclude that even in areas where Chapter 2 is quite self-explanatory, the legislation, being excessively restrained, needed a different approach from the legislature. Next, the scope of the transposing provisions related to the right to be heard, legal professional privilege and privilege against self-incrimination is too narrow, and in the case of the statement of objections, what was done is 'false' implementation. [ABSTRACT FROM AUTHOR]

It is emphasised that ensuring the independence of the prosecutor’s office in Ukraine is a necessary step to increase trust in justice, fight corruption and ensure justice in society. This will contribute to building a strong rule-of-law state where every citizen has equal rights and can count on a fair and objective consideration of their cases. It is established that the independence of the prosecutor’s office is a principle and, at the same time, a state in which the prosecutor's system functions independently of the influence of external factors, including political and economic factors, as well as other persons, ensuring freedom to perform its functions and powers on the basis of the law and the principles of justice. This includes impartiality, objectivity, integrity, absence of corruption and the ability of prosecutors to act in the public interest, ensuring the protection of the rights and freedoms of citizens. It is determined that the importance of ensuring the independence of the prosecutor's office is due to the following factors: prevention of political influence on the investigation process, which ensures the objectivity and integrity of justice; improves the effectiveness of the fight against corruption and crime; acts as an additional guarantee of protection of the rights and freedoms of citizens, since an important task of the prosecutor's office is to ensure legal equality, combat human rights violations and protect the interests of society as a whole; ensures increased public confidence in justice and the system of law enforcement.

The scientific study is devoted to the problems of administrative responsibility for violating the requirements of the by-laws of local self-government bodies. Legislative acts and the list of administrative offenses regulating the powers of local self-government bodies are studied. The article examines the works of scholars who have studied the peculiarities of administrative liability for violation of parking rules, ensuring silence in cities, and waste management.It is stated that the binding nature of decisions of local councils and their executive committees is one of the guarantees of local self-government. Guarantees of local self-government are defined as a system of conditions that provide territorial communities with the exercise of the right to local self-government. Attention is drawn to the fact that local councils make decisions on the budget, housing, communal services, land relations, improvement, education, and health care, and regulate other legal ties. Failure to comply with many by-laws of local self-government bodies may entail administrative liability. Administrative offenses in budgetary, land, environmental relations, and settlement improvement are analyzed. Cases of qualification of by-laws violations of local self-government as administrative misdemeanors are determined. The objective side of the composition of these administrative offenses is described. The authority of local self-government bodies to bring offenders to administrative responsibility is clarified. Proposals for expanding the competence of administrative commissions and executive committees in bringing administrative responsibility are made. It is proposed to establish a list of violations of by-laws of local self-government bodies in the Law of Ukraine On Local Self-Government in Ukraine, for which administrative responsibility is provided for citizens and legal entities.

The relevance of the topic is due to the fact that the problems of the procedural position of a witness today need some addition and adjustment, while this particular issue requires special attention in connection with the expansion of the information space and the simplification of access to information contained in the materials of the criminal case of all participants in criminal proceedings. The question of the participation of a lawyer in criminal proceedings in order to provide qualified legal assistance to a witness remains important. In particular, the procedure for involving a lawyer in a criminal case has not been established, his procedural status has not been clearly regulated, and the issue of the possibility and limits of participation of a lawyer in investigative actions conducted with a witness has not been resolved. The purpose of the study is to analyze the legal problems related to the realization by the witness of his rights, the performance of his duties. The article deals with problematic issues related to the procedural status of a witness, analyzes the relevant norms of domestic criminal procedure legislation and the legislation of a number of foreign countries. The methodological basis of the work was the position of the general scientific dialectical method of cognition and the general theory of law, which made it possible to reveal the essence and features of the procedural status of a witness in pretrial criminal proceedings. The work widely uses the comparative legal method, which made it possible to identify the relationship between domestic and foreign legislation in the field of witness immunity. As a result, the following conclusions were made. It seems that it is necessary to provide a witness who has not formally received the status of a suspect or accused with qualified legal assistance on a mandatory basis, in order to protect his legal rights and interests. In addition, part 3 of Art. 56 of the Criminal Procedure Code of the Russian Federation, supplementing it with a ban on taking evidence from all persons who, by virtue of their official duties, are its bearers and must keep it.

It is indicated that the guarantees of protection of personal data of conscripts are a system of conditions, principles, legal and organizational means established by law, which ensure the protection of information or a set of information about a person-conscript, who is identified or can be specifically identified for the purpose of implementation by such persons constitutional rights and freedoms in legal relations arising during mobilization training and/or mobilization. The author emphasized that the need to make operational and immediate decisions significantly reduces the potential of the principle of scientificity, the observance and consideration of which is important on the way to the development of the most optimal solution. In particular, in such a difficult situation, in which vital decisions have to be made, quite natural questions arise in the area of timeliness, adequacy of such decisions, their compliance with the Constitution and laws of Ukraine. In the author's opinion, one of the similar issues is the search for ways to ensure the protection of personal data of conscripts during their use in state registers for military registration. Legal and organizational ways aimed at ensuring the protection of personal data of conscripts and other persons during their receipt, processing and use by electronic register tools are proposed, in particular: amend the draft law aimed at avoiding the exchange of data between state registers and their owners and administrators as such, which contradicts the Constitution and laws of Ukraine; clearly define the list of persons (as well as the professional requirements for them) with the right of access to the electronic register in order to reduce the negative impact of the so-called human factor of illegal use or "negligent leakage" of personal data from the register's information bases; by analogy with positive foreign experience, publish certificates and detailed technical information (including the source code) of the corresponding software product, which should confirm the high technical level of protection of the electronic information and telecommunications system; provide for administrative and criminal liability for illegal receipt, distribution and use of personal data of conscripts and other persons, illegal interference in the work of the electronic register, etc. [ABSTRACT FROM AUTHOR]

Three financial institutions granted separate loans to refinance unpaid debt owed by almost the same insolvent debtor. The new financing was guaranteed by the Spanish state, drawing to a line of credit exceptionally open in times of Covid-19. The financial lenders had old debts paid off with the new money. Upon subsequent insolvency proceedings of the debtor, a Companies Court has held that the payments made with the money from the new finance must be void, because the money received by the debtor and guaranteed by the state would have to have been distributed pari passu among the rest of the argues why this is so. [ABSTRACT FROM AUTHOR]

The legal state means that all state authorities are subject to the provisions of the law in force, where there is no authority above the law. desires or whims because its rulers see themselves as above the law. In the legal state, we note that the executive authority can only deal with its own members through legal rules that were previously enacted and known to all, the rights of individuals were determined and the legal means used by the administration is used in order to achieve the legal state goals, in addition to that, the administration is restricted in its activity that must be achieved for The common good of individuals the administration is restricting in the activities that must be achieved, because it depends on legitimate means to reach its end, Therefore, the administration in the state of law is obliged to have its behavior based on the law, so it must be a role model for others in respecting the legal rules, because in the absence of respect for them, this will expose them to legal accountability and ruins their image in front of public opinion. In addition to the above, the legislative and judicial authorities must also respect Legal rules and this is what distinguishes democratic systems from others. So, the legal state is the state's subordination in all aspects of its activity to the law, whether in terms of administration, judiciary or legislation, and this is the opposite of what we see in the police state in which the administrative authority is absolutely free, as it has the right to take many measures towards individuals that it deems very fulfilled. According to the circumstances and circumstances. [ABSTRACT FROM AUTHOR]

On 11 March 2021, amidst the lingering grip of the COVID-19 pandemic, the art world witnessed an extraordinary event. Christie's, the renowned auction house, hosted a groundbreaking auction counting just one lot: a Non-Fungible Token (NFT)—a digital asset that had been generating buzz in recent times. The astounding price fetched by the NFT sent shockwaves through the art world. While the 255-year-old auction house was known for selling unique assets, its auctioning of an NFT was surprising as Christie's online marketplace was not on the blockchain, contrarily to NFT platforms such as Opensea, Nifty Gateway, etc. The resounding success, however, of its historic auction was followed by a surge of NFT off-chain sales at Christie's, Sotheby's, and Phillips. While extensive research has been done on the trade of NFTs on the blockchain, little research exists on the trade of NFTs at public auction houses. Based on more than two years' tracking of NFTs auctioned at major auction houses, our research identifies three phases in the development of the trade and provides valuable insights into the unique factors that contributed to the growth of NFTs at public auctions between the springs of 2021 and 2023. [ABSTRACT FROM AUTHOR]

Copyright of Canadian Foreign Policy Journal (CFPJ) is the property of Routledge and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Uzhhorod National University Herald Series Law is the property of Uzhhorod National University, State Higher Educational Establishment and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The notion of lower bound on awards has been introduced in the literature to analyze the establishment of guarantees that ensure a minimum award to each agent involved in situations of conflicting claims, such as the rationing of a resource or the distribution of the assets of a bankrupt firm. Indeed, this concept has a core role in many approaches related to the problem of fair allocation (Thomson in Math Soc Sci 74:41–59, 2015) and a range of such lower bounds have been proposed: the minimal right (Curiel et al. in Z Oper Res 31:A143–A159, 1987), the fair bound (Moulin in Handb Soc Choice Welf 1:289–357, 2002), securement (Moreno-Ternero and Villar in Math Soc Sci 47(2):245–257, 2004) and the min bound (Dominguez in mimeo, 2006). In this context, the key contribution of the current paper is to show that there is a correspondence between lower bounds and rules; i.e., associated to each particular lower bound, we find a specific way of distributing the resources. In doing so, we provide new characterizations for two well known rules, the constrained equal awards and Ibn Ezra's rules. A dual analysis, by using upper bounds on awards will provide characterizations of the dual of the previously mentioned rules: the constrained equal losses rule and the dual of Ibn Ezra's rule. [ABSTRACT FROM AUTHOR]

The topical issues that arise when considering civil cases on the abolition of adoption, priority areas for protecting the rights and legitimate interests of minors are investigated. Children left without parental care are by far the most vulnerable socially and morally. The article presents a comprehensive view of this issue from both legal and psychological points of view. On the legal side, it is indicated that it is possible to transform a number of legal norms enshrined in the Family Code of the Russian Federation in order to apply them most effectively. From the psychological point of view, the necessity of mandatory use of special psychological knowledge in resolving disputes in this category is determined. In addition, the special role of the prosecutor and the guardianship and guardianship authorities in the judicial process in cases related to the abolition of the adoption of a child is described. Particular attention is directed to the fact that the adoption of a decision to cancel the adoption should primarily meet the interests of minors, contain an unconditional character. The corresponding consequences of the decisions made by the court to cancel the adoption are given. The object of the study is the totality of social relations that arise during the consideration of civil cases of this category. The subject is the norms of civil, family and civil procedural law governing the above relations, the system of their implementation and application. Judicial acts are analyzed: decisions (determinations) of courts to cancel adoption, statistical and reporting data are summarized, grounds for filing claims are determined. Aspects related to the need to apply preventive measures aimed at excluding formal grounds for filing applications for the cancellation of the adoption of children are highlighted. Emphasis is placed on the participation in the consideration of disputes of this category of specialized entities, endowed with appropriate powers and having special knowledge in the field of psychology, sociology, and pedagogy. Based on the results of the study, the author formulated certain conclusions, made practical proposals for a more effective application of the norms of the current legislation, primarily in order to respect the rights and interests of children. Certain options for adjusting a number of norms of the current legislation in this area are proposed.

One of the most pivotal and practical subjects of contract law is whether one may dispose of his or her contractual obligations through the issuance of negotiable documents. This article focuses on the issuance of such instruments as a cheque in the performance of monetary obligations when the issuance is dishonored. In fact, the question is whether the issuance and delivery of such instruments convert a civil law obligation into an obligation arising from the issuance of negotiable instruments or whether it is possible to rely upon the original obligation with all its guarantees and consequences. The statutes are silent on the matter. Scholars and jurisprudence are divided. This article comparatively examines various legal systems and international instruments like UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law, and by relying on the general principles enshrined in Article 3 of the Code of Civil Procedure, concludes that the better approach is the one that subscribes to the survival of the original obligations. It is hoped that this comparative study can set a model for our future legislative initiatives.

The purpose of this study was to determine and analyze effect of the debt-to-assets ratio, maturity, guarantee, and company size on construction company bond ratings. The population and sample of this research is construction companies that publish complete financial reports from 2014 to 2022. Data analysis uses logistic regression analysis. The results showed that: 1) Debt to assets ratio has no significant effect on the probability of bond ratings, because investors tend to buy bonds because they see the company's reputation not from the Debt to Assets Ratio obtained by the company; 2) Maturity has no significant effect on bond ratings, because investors tend to buy bonds with ages under 3 years, because companies with maturity under 3 years are able to pay off their obligations to pay the loan principal at maturity; 3) Guarantees have no significant effect on bond ratings, because investors tend to buy bonds because they look at the company's reputation, not from what is guaranteed and not guaranteed to the company; 4) Company size has no significant effect on bond ratings, because investors tend to buy bonds not in terms of company size but from the company's reputation; 5) The debt-to assets ratio, maturity, guarantee, and company size affect bond ratings.

The Ecuadorian criminal and criminal procedure system has been built under the mantle of the guarantee doctrine. However, we can question whether the fundamental precepts of this deontological ideal play a leading role in the practical resolution of specific cases or if they are rather part of a normative ideal, far removed from pragmatic reality. The a priori reality shows us that the guarantee proposal continues to be a goal, the fulfillment of which is immersed in perpetual tensions as a result of the momentum of efficiency and the expansion of authoritarian criminal law, protected by populist criminal proposals, far from the enlightened ideal. The objective of this work will be to highlight the origin of these contradictions and the problems to which it subjects the criminal process that prides itself on respecting fundamental rights, and within the fundamental conclusions we will find that the normative structure of Ecuador does not empirically ensure compliance with the postulates in each specific case. The research method will be legal exegesis, and through bibliographical exploration it will be possible to reveal the origin, nature and tension produced by this dichotomous model. [ABSTRACT FROM AUTHOR]