The UN Charter lists legitimate cases of use of force.
Literature:
1. The Criminal Code of Ukraine, adopted on December 28, 1960 and entered into force on April 1, 1961.
2. Law of Ukraine "On Advocacy" of December 19, 1992 No. 2887-XII.
3. Law of Ukraine "On Attestation Commission".
4. Criminal Procedure Code of Ukraine.
5. Civil Procedure Code of Ukraine.
6. Scientific and practical commentary on the Criminal Procedure Code of Ukraine. – K. – Yurinkom inter. – 1997.
7. S.V. Borodin "Procedural acts of preliminary investigation". – M. – "Legal literature". – 1978.
8. OV Efimenko, KV Manzhul "Fundamentals of sectoral legislation". – Kirovograd. – 1998.
9. "Moral bases of protection". – M.1978 "Ethics" No. 5
10. "A word to the lawyer". – M. "Legal Literature" 1968
11. Borshchevsky M.Yu. "Business lawyer in the USA, Germany" – M. 1995
12. Ermakova SV "Practical advice for lawyers." Simfiropol. 1997
13. "Legal encyclopedic dictionary" – M. 1987
14. Galchenko V. "Conversations of a lawyer" – K. 1976
15. A.D. Boyko "Ethics of professional protection in criminal cases" – M. 1978
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Principles and norms of international law
International law is influenced by the foreign policy pursued by states
On the other hand, international law, among other factors, directly affects the foreign policy of states in the sense that they must co-operate with their obligations under international law.
Today’s level of civilization and legal awareness allows us to speak about the primacy of international law among other factors influencing international relations.
International law has a coordinating and regulatory function. It also has mechanisms that protect the legitimate rights and interests of states, so we can talk about the protective function of international law.
The peculiarity of international law is that in international relations there are no supranational mechanisms of coercion. If necessary, states themselves collectively provide support for the international legal order.
Norm-making in international law occurs through the conclusion of international treaties and through the formation of customs. Resolutions and decisions of international organizations, first of all the UN, became very important.
The system of international law consists of:
generally accepted principles; norms of international law; decisions of international organizations; recommendation resolutions of international organizations; decisions of international judicial bodies; Institute of International Law.
A norm of international law is a rule of conduct that is recognized by states and other subjects of international law as legally binding. The most important rules of international law are called the principles of the IP. Violation by any state of the principle of international law is considered by other states as an encroachment on the international legal order.
The principles of international law perform two functions: they contribute to the stabilization of international relations, limiting them to certain regulatory frameworks, and consolidate everything new that appears in the practice of international relations, and thus contribute to their development.
The basic principles of international law are enshrined in the UN Charter. It is widely recognized that the principles of the UN Charter cannot be repealed by states unilaterally or by consent.
The principle of sovereign equality of states
Each state is obliged to respect the sovereignty of other participants in the system, i.e. their right to exercise legislative, executive, administrative and judicial power within its own territory without any interference from other states, as well as to pursue its own foreign policy.
the principle of sovereign equality of states includes the following elements: states are legally equal; each state enjoys the rights inherent in full sovereignty; each state is obliged to respect the legal personality of other states; territorial integrity and political independence of the state are inviolable; each state has the right to freely choose and develop its political, social, economic and cultural systems; each state is obliged to fulfill its international obligations fully and honestly and to live in peace with other states.
The principle of non-use of force and threat of force
According to the UN Charter, "all UN members refrain in their international relations from the threat or use of force against the territorial integrity and political independence of any state, or any other incompatible with the UN Charter."
The UN Charter lists legitimate cases of use of force.
The principle of inviolability of state borders
It was adopted by the OSCE in 1975. "Participating States shall regard as inviolable all the borders of each other, as well as the borders of all States in Europe, and shall therefore refrain from any encroachment on those territories."
the maintenance of the principle can be reduced to three elements: recognition of existing borders; waiver of any territorial claims now and in the future; refraining from any other encroachment on borders, including the threat or use of force.
The principle of territorial integrity of states
The UN Charter states that the state "must refrain from any action aimed at violating the national unity and territorial integrity of any other state." "The territory of a state should not be the object of acquisition by another state as a result of a threat of force or its use." In this connection, any territorial acquisition resulting from a threat or use of force shall not be recognized as lawful. "
The principle of peaceful settlement of international disputes
According to the UN Charter, "all members of the United Nations shall settle their international disputes by peaceful means in such a way as not to endanger the international peace, security and justice."
The principle of non-interference in internal affairs
According to the UN Charter, it has no right to interfere in matters, in fact, in the internal competence of any state. This prohibition applies to the actions of any other participant in international communication, not just the UN.
The principle of universal respect for human rights
The UN Charter sets out the obligations of states to respect human rights in the most general form, and states are still trying to specify the normative content of the principle of universal respect for human rights. But the direct regulation and protection of human rights and freedoms still remains an internal affair of every state.
The principle of self-determination of peoples and nations
The principle declares unconditional respect for the right of every people to freely choose the path and forms of its development. After the collapse of the colonial empires, the question of self-determination of nations, in the understanding of the formation of independent nation-states, was largely resolved.
The principle of cooperation
According to the UN Charter, states are obliged to "carry out international cooperation in solving international problems of economic, social, cultural and humanitarian nature", and are obliged to chapter 5 ethan frome summary "maintain international peace and security, and to this end take effective collective measures. "
The principle of conscientious fulfillment of international obligations
According to the UN Charter, "all members of the United Nations faithfully fulfill their obligations under the present Charter in order to provide them all with the rights and benefits arising from membership in the Members of the Organization."
Sources:
International law, textbook, M. ed. International relations, 1995 Fundamentals of political science, a course of lectures, M., Knowledge, 1992
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Origin, change and termination of civil law relations
Civil law relations – property and personal non-property relations regulated by the norms of civil law, the participants of which act as legally equal bearers of rights and obligations.
According to Articles 1 and 2 of the Civil Code of Ukraine, these relations arise in:
state, cooperative and other public organizations among themselves; citizens with state, cooperative and other public organizations; citizens among themselves.
Civil law relations are characterized by specific features that distinguish them from other "types of legal relations that arise in society. In particular, the following features should be noted:
civil law relations are property and personal non-property relations; participants in these relations are characterized by property separation and legal equality; legal rights and obligations of the subjects of civil law relations arise, change or terminate on the basis of legal facts.
Civil law relations consists of three main elements: subjects, objects and content.
Subjects of civil law relations can be individuals and legal entities.
Legal relations between individuals arise mainly over material, spiritual and other needs. Taking into account the specified objects of civil relations may be: things, actions, products of creative activity, personal intangible assets.
The content of civil relations is the civil rights and obligations of the subjects of such relations.
In this case, the subjective right – the law-based ability of a particular person to perform certain actions and demand satisfaction of its interest from the obligated person.
The content of subjective law finds its expression in the relevant capabilities of the participant of these relations:
take certain actions (for example, buy, sell, donate things, use works, etc.); demand proper behavior from obligated persons (say, do work, hand over things, etc.); the opportunity to resort to the use of coercive force of the state apparatus to exercise the right of claim.
Subjective civil duty is a measure of the necessary behavior of the obligated person, which is required of him by the authorized person in order to satisfy his interests.
Civil law relations are divided into the following types:
in content: property civil relations aimed at satisfying the property interests of individuals and legal entities (for example, property relations, transfer of property from one person to another by inheritance); non-property civil relations to satisfy the personal non-property interests of the participants in these relations (for example, copyright relations); according to the connection of the parties to the relationship, absolute, ie civil law relations, in which the authorized subject is opposed as an obligated subject by an indefinite number of persons (say, property relations, authorship); relative civil law relations, in which the authorized entity is opposed by a specific person who must perform certain actions for the authorized entity (for example, in the case of sale, storage, delivery); depending on the object of legal relations: real civil law relations, the object of which are things (for example, the relationship of possession and use of property); obligatory, ie legal relations, the object of which is the fulfillment of the relevant obligations (for example, relations arising from the contract, causing damage); depending on the structure: simple civil law relations, in which one party owns only the right, and the other – only the obligation (say, legal relations arising from the loan agreement); complex civil law relations, in which the two parties have both rights and obligations (for example, relations arising from the contract of sale); by the nature of the normative direction: regulatory civil law relations, which are based on the action of civil law norms aimed at regulating property and personal non-property relations between their participants; protective civil law relations arising from the violation of civil rights of one of the subjects of these relations and aimed at their restoration.
Civil law relations arise, change or terminate on the basis of legal facts, ie circumstances that have legal significance and give rise to certain legal consequences.