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.
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.
This article reveals problematic issues related to the study of both the essence of the conflict of interests in the aspect of practicing law, and in particular, the identification of possible types of such conflicts and the criteria for their classification. This article is primarily devoted to the study of various positions of scientists regarding the identification of possible types of such conflicts. The position is argued, according to which the most common cases of conflict of interests in the professional activity of a lawyer are the representation of two clients whose interests are conflicting. At the same time, one of the most difficult in terms of determining the essence of this kind of conflict is the relationship between a lawyer and a client - a legal entity. First of all, VKDKA significantly expands the understanding of conflicts of interest in advocacy and law enforcement practice. Within the framework of this study, the positions of domestic and foreign scientists regarding the allocation of various criteria for the classification of conflicts of interest in the professional activity of a lawyer were disclosed. The study focused on the fact that a significant number of potentially possible conflicts of interest in the professional activity of a lawyer led to the existence of various criteria for their classification (that is: in the legal literature, in particular, the following are distinguished: overt and hidden; real and imaginary; primary and indirect, as well as vertical, horizontal and mixed). In this article, general scientific methods of analysis and synthesis are widely used. To achieve the goal stipulated by the author, the methods characteristic of legal science was also applied. The research itself was carried out using, first of all, a formal-dogmatic method, which made it possible to distinguish the types and analyze the criteria for the classification of possible conflicts of interest in the professional activity of a lawyer.
This article is devoted to the disclosure of questions regarding the expediency of introducing into the national legislation a provision on the insurance of the civil liability of the lawyer, in particular, through the prism of voluntariness or obligation to establish it. Within the scope of this article, different approaches of domestic and foreign scientists regarding the advantages and disadvantages of the lawyer's civil liability insurance institute were investigated. The points of view of legislators of foreign countries regarding the necessity of voluntary or mandatory nature of its consolidation are also analyzed. The position is argued, according to which, first of all, taking into account the fact that for most foreign countries civil liability insurance of lawyers is actually an everyday norm that ensures the proper functioning of the legal profession as a whole, we consider it expedient to enshrine provisions on this type of insurance at the legislative level in Ukraine as well. Attention is focused on the fact that the introduction of the lawyer's civil liability insurance institute is directly aimed at protecting his interests, but this institute also plays an important role in defending the interests of the lawyer's clients, who constantly need professional legal assistance in the implementation of their rights and legitimate interests. To achieve the goal, the author used methods characteristic of legal science. The research was conducted primarily using the system-structural and comparative-legal method, as well as the dialectical method of learning legal reality. Based on the conducted research, the author concludes that the introduction of this institute should establish additional guarantees of providing professional legal assistance by a lawyer at the appropriate level in order to ensure the realization of the rights and legitimate interests of his clients.
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