The article discloses the theoretical and applied provisions on the actual issues of combating doping in ofessional sports at the international and national levels, as well as a comparative analysis of combating doping by the World Anti-Doping Organization and the provisions of the national legislation of foreign countries, and offers a solution to effectively combating the use of doping in within the framework of domestic Ukrainian legislation.Among the many problems of modern professional sports, the problem of doping is gaining more and more relevance. It is extremely complex, as it includes closely interrelated medical, legal, political, moral, organizational, social and pedagogical aspects. The effectiveness of combating doping in sports largely depends on the system of its organization. However, it should be noted that the organizational foundations of the fight against doping were not seen by scientists. The main efforts of sports and medical science were aimed at studying the impact of doping on the body of a professional athlete, finding methods for its detection, biochemical components, as well as reducing the cost of doping control procedures and finding the simplest and most effective procedures. In this regard, the study of the organizational foundations of the fight against doping is relevant both from a theoretical and a practical point of view.Within the framework of this article, anti-doping legislation was investigated in order to determine a reasonable assessment of the existing system of combating doping in sports, identified the shortcomings and positive aspects of this system, its influence on the education of athletes, which allow to determine ways of increasing its effectiveness, forming an understanding of the role of combating doping in sports , the main trends of development and ways of increasing its effectiveness among athletes, trainers and specialists of the physical culture and sports movement.The relevance of the specified issue determines the need for its solution, as well as the application of research results in law enforcement practice and law-making activities.Based on the conducted research, the authors conclude that the humanistic mission of sports regarding anti-doping measures should be taken into account in the processes of combating doping. It is clear that the current fight against doping, which focuses on bans, is not working effectively. The new regulator of anti-doping measures must make decisions taking into account the specifics of each sport.
The article is devoted to the study of the concept of expropriation of property in accordance with the practice of the European Court of Human Rights. In particular, such concepts as control over the use of property and confiscation of property are considered. It was found that the provision of Article 1 of Protocol 1 to the 1950 European Convention on Human Rights consists of three separate prescriptions, in particular: the rule is of a general nature and establishes the principle of unhindered use of property; refers to deprivation of property and conditions it under certain conditions; it is recognized that the Contracting States have the right, inter alia, to control the use of property in accordance with the general interest, by applying such laws as they consider necessary for this purpose. A state party to the Convention has the right to enact such laws as it deems necessary to control the use of property in accordance with general interests. That is, it provides an opportunity to independently judge the need for such a law. At the same time, a minimum legal framework, including an appropriate forum, must be maintained to enable those who claim that their rights have been violated to effectively assert and enforce their rights. Any state interference with such a right must be lawful and a fair balance between private and public interests must be observed. Achieving a fair balance means that in every case involving an alleged violation of this norm, it must be established that the person does not bear an unreasonable and excessive burden because of such actions or inaction of the state. Legitimacy means that the state's intervention in property rights must be carried out by ensuring compliance with laws that must be sufficiently accessible, precise and predictable in their application. We have come to the conclusion that any interference by the state authorities in the right to peaceful possession of one's property can be justified only if it is not only legal (taking into account the instability, in particular, of domestic laws with their negative temporal property) but also corresponds to public interests by means reasonably proportionate to the goal to be achieved.
This article is devoted to the disclosure of issues related to certain specifics of the professional activity of a lawyer and the Ukrainian bar in martial law. To achieve this goal, the author used a set of general and special methods that are characteristic of legal science. The research was conducted using primarily statistical and sociological methods, system-structural and formal-dogmatic methods, as well as the dialectical method of knowledge of legal reality. This article analyzes the practical activities of bar associations, in particular the National Bar Association of Ukraine, in the context of armed aggression by russia. It is concluded that in order to improve the quality of advocacy, primarily on a free basis, the National Bar Association of Ukraine established a Center for Methodological Assistance and Coordination of Volunteer Assistance to Military Servicemen. Also, the National Association of Advocates of Ukraine and the Bar Councils of the respective regions took many different measures to address pressing issues of protection of the rights and interests of citizens, servicemen and lawyers themselves. Emphasis is also placed on the activities of the Board of Trustees of the National Bar Association of Ukraine and foreign partners in assisting Ukrainian lawyers. The position is argued that the number of national professional organizations (associations) of lawyers, law firms and law firms, as well as ordinary lawyers from all over the civilized world, united by the desire to support Ukrainian lawyers and Ukrainians in general and provide them with various assistance, is incredible. which they need in connection with russia's military aggression.
This article is devoted to the study of the essence and role of the principle of inviolability of property rights in the economic life of economic entities. In order to achieve the set goals, decisions of the European Court of Human Rights were analyzed: both key and current case law. The main principles of the proper implementation of property deprivation and control over the use of property at the national level by the participating states have been determined. A key role among such principles is played by the principle of the legitimate purpose of interference with property rights in the public interest and the principle of fair balance. Thus, any interference with the exercise of rights or freedoms recognized by the Convention must pursue a legitimate aim. And there must be a reasonable proportional relationship between the means used and the goal pursued by any measures taken by the state, including measures aimed at depriving a person of his property. Thus, in every case involving an alleged violation of this article, it must be established that the person does not bear an unreasonable and excessive burden because of such actions or inactions of the state. To ensure the reliability and completeness of the obtained results, authors used a complex of general scientific and special methods, which are characteristic primarily of legal science, in the scientific research. The complex use of such methods ensured the achievement of the goal and objectives of the research, as well as the persuasiveness of the formulated conclusions. The research was conducted primarily using the system-structural method and the dialectical method of learning legal reality. Based on the conducted research, authors came to the conclusion that, despite its long history, it should be recognized that the right of ownership, as before, remains almost the most controversial institution of private law. For Ukraine, the topic of property has always been one of the cornerstones in law, politics, and philosophy. Over the past two centuries, the attitude to property has changed radically several times: this legal institution reflected the feudal peculiarities of property relations regulation, then capitalist, socialist with a socio-economic orientation, and today its purpose is seen in ensuring reliable, stable relations in the conditions of a market economy.
The study is devoted to clarifying the main theoretical-legal and practical issues that arise when a person exercises the right to appeal a court decision. Issues such as the institution of appeals against court decisions, which are relevant for procedural law, are considered, such as the observance of reasonable proportionality between the right of a person to access the courts of higher instances and the observance of legal certainty in the state. As a result of the study, the legal nature of the institution of appeal against a court decision that has not entered into force, as well as one that has entered into force, is revealed. The latter is defined as an extraordinary form of judicial protection, its main features are analyzed. To ensure the reliability and completeness of the obtained results, a complex of general scientific and special methods was applied, the complex use of which ensured the achievement of the goals and objectives of the research, as well as the persuasiveness of the formulated conclusions. In particular, the dialectical method was used to study the legal nature of the right to appeal court decisions and private disputes. Methods of analysis and synthesis were used in the formulation of basic concepts, such as "appeal", "cassation review", "procedural filters", etc. The empirical basis of the research was made up of the materials of the judicial practice of the European Court of Human Rights, in particular, both modern legal positions of the international jurisdictional body and key cases were used. It was concluded that although access to the court of appeal is subject to indirect restrictions, access to the court of cassation is subject to so-called cassation filters. Such a definition is related both to the role of the cassation instance as a higher court and its definition as a "court of law", and to revised decisions that have entered into force and that shake the already defined legal position of the parties. Nevertheless, strict cassation filters cannot help against the influx of cassation appeals for those states whose citizens have a low level of trust in the courts of first instance.
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