In article, under investigation are the legal bases of repatriation (homecoming) in the Republic of Azerbaijan, the analysis of the normative legal acts adopted in connection with its application, the legal nature of the concept of repatriation (homecomings). The author has also carried out comparisons of similar and distinctive features of legislations of Israel, Germany and Poland in the sphere of repatriation (homecoming) and makes a number of scientific proposals for the purpose of improvement of the national legislation.
Müəllif :
Rasim Aghasiyev
Nəşr tarixi : 2018
The article is devoted to the contradiction in the measurement of human capital. Different approaches to the measurement of human capital are analyzed. Basic methods of measuring and estimating human capital are shown. The author indicates some contradictions and problems: 1. There are different views concerning the costs of investments in human capital and consumer expenditures that ensure the current reproduction of labor or the needs of a person; 2. The production of the HC presumes not only money, but also a significant contribution of its own labor to those to whom these investments are directed; 3. Most calculations of investments in the HC do not take into account costs that do not have a monetary equivalent. Accordingly, some controversies are revealed and the ways of solution of such controversies are proposed by author
Müəllif :
Mansur Madatov
Nəşr tarixi : 2018
The article is devoted to the contradiction in the measurement of human capital. Different approaches to the measurement of human capital are analyzed. Basic methods of measuring and estimating human capital are shown. The author indicates some contradictions and problems: 1. There are different views concerning the costs of investments in human capital and consumer expenditures that ensure the current reproduction of labor or the needs of a person; 2. The production of the HC presumes not only money, but also a significant contribution of its own labor to those to whom these investments are directed; 3. Most calculations of investments in the HC do not take into account costs that do not have a monetary equivalent. Accordingly, some controversies are revealed and the ways of solution of such controversies are proposed by author
Müəllif :
Mansur Madatov
Nəşr tarixi : 2018
The present publication is focused on the comparative analysis of adoption laws in Ukraine and the Republic of Azerbaijan. Particular attention is paid to the history of establishment of the adoption procedure in these counties. The analysis of historical development of adoption laws at different periods of the establishment of Ukraine and the Republic of Azerbaijan as sovereign states, indicates transformation of the adoption procedure and the tendency to the reinforcement of legal regulation of the adoption at the present stage of social development. Characteristics of individual requirements for adoption in Ukraine and the Republic of Azerbaijan, as well as the procedural order of consideration of this type of cases, are analysed. The author admits that processing of adoption cases by the court has been proven over time and provides an opportunity to respect the best child interests. Attention is paid to the fact that the mutual exchange of knowledge and experiences in solving problems arising during processing of adoption cases, will guarantee further development of the legislation of the countries.
Müəllif :
Yaroslava Tubolceva
Nəşr tarixi : 2018
The current article explains and throws light upon factors that caused to emergence of concept of legal aid as constitutional right; reveals what the main stages it has passed within its progress and how it has been improved; describes peculiarities and types of the legal aid depending on certain historical epochs; forecasts trend of future improvement of the right to legal aid.
Müəllif :
Anar Baghirov
Nəşr tarixi : 2018
This article focuses on the modernization of national economic models in the context of globalization. In this article, the tendencies of the world economy development are considered, including the struggle for a new trade and economic division of the world, the countercyclical and debt nature of the world economy movement. In fact, the political economic approach presupposes the interrelation of economic development with national interests. This is very important for achieving the optimal balance between national and supranational mechanisms of progress in the economic and social fields. The article substantiates the need to use a nationally oriented approach in the political economy, which is a national economic system of market relations in unison with the national factors characteristic of the country. Each national economy can be defined as an institutional model, open to external relations in various degrees, but adhering to evolutionary claims that have evolved over the centuries under the influence of economic, political and cultural factors. In addition, the article shows that progress in the global economic space will reflect a fuller manifestation of interests in those countries where national economic interests are fully integrated into the network of economic processes of a sovereign country that has an institutional system for ensuring national security and citizens' rights, as well as a more complete manifestation these interests. In the context of these trends, the article discusses the impact of global economic trends on the national economy.
Müəllif :
Kaysin Khubiyev, Amil Maharramov, Hadjiagha Rustambekov, Emin Garibli
Nəşr tarixi : 2018
The article reveals the process of formation of the intellectual property rights as a separate branch of jurisprudence and analyzes the modern interpretation of these rights. The concept of intellectual property is not static, it has changed and continues to change and therefore this branch of law is characterized by complex terminology and it needs constantly evolving legislation. The first laws concerning intellectual property rights and the very origin of this branch of law should be attributed to Western Europe of the IV century. However, these laws had the character of privileges and were not generally valid. Nevertheless, those did not take long to wait. The article notes four approaches to the definition of the essence of the term intellectual property. Further, in the article modern problems of the international intellectual rights and their relevance in the conditions of globalization are analyzed. An important feature of intellectual property rights is a significant role in their trans-territorial settlement of international treaties and organizations. The last part of the article analyzes current trends in the international regulation of intellectual law. The notion of territoriality and its influence on the development of private international law and international economic turnover in the field of intellectual property are disclosed.
Müəllif :
Amir Aliyev, Aydan Mammadova
Nəşr tarixi : 2018
In contemporary criminological science, a unified and consistent theoretical approach to criminal omission has yet to be established. This is primarily due to the fact that the question of whether criminal omission that is, the failure to fulfill a legal duty constitutes a legal and social reality remains a subject of academic debate. The normative, social, and philosophical aspects of this category are interpreted differently across various legal schools and criminological approaches. Scholars and authors hold divergent views regarding the essence of this concept. Some authors emphasize that criminal omission, understood as the non-performance of a specific legal obligation, lacks material expression in objective reality and therefore hesitate to recognize it as an independent form of conduct in the legal sense. According to their perspective, the foundation of legal wrongdoing lies solely in active conduct namely, a volitional act that can be observed in the external world. Passivity, in contrast, is not a form of conduct in the material sense, but merely the absence of such conduct. This viewpoint is largely rooted in formalist and positivist theories of law. Nevertheless, according to the prevailing position in criminology, denying the existence of passive conduct i.e., the failure to fulfill a legal obligation as a valid legal category is scientifically unfounded. In some instances, the consequences of omission may pose a greater threat to public safety than those resulting from active conduct, thereby providing sufficient grounds for the imposition of legal liability. Such an approach allows for a broader interpretation of criminal behavior, particularly within the frameworks of social functionalism and normative legal theory.In this regard, omission as it reflects the breach of a certain duty to act both legally and socially has evolved into an independent object of criminal law and criminological analysis. On this basis, the present article will examine the criminological characteristics of criminal omission from multiple perspectives.
Müəllif :
Vuqar Gadimov
Nəşr tarixi : 2025
The rapid expansion of the digital environment has significantly impacted the protection of personal non-property rights, leading to new legal challenges related to privacy, online defamation, and identity theft. Unlike material damages, moral damage resulting from such violations is difficult to quantify, making compensation mechanisms complex and inconsistent across jurisdictions. This article examines the legal frameworks governing the protection and compensation of moral damage in digital violations, focusing on Azerbaijan, the European Union (EU), and the United States (US). A comparative analysis highlights the differences in legal approaches, including statutory regulations, judicial precedents, and the role of international courts such as the European Court of Human Rights (ECtHR). In Azerbaijan, the protection of personal non-property rights is primarily based on constitutional and civil law provisions, with increasing reliance on ECtHR jurisprudence. However, national courts face challenges in ensuring consistency in moral damage compensation, particularly in digital violations. In the EU, the General Data Protection Regulation (GDPR) provides a structured mechanism for addressing moral damage, reinforced by ECtHR case law on privacy rights and data protection. The US, in contrast, follows a common-law approach, where compensation largely depends on judicial discretion and constitutional principles such as the First Amendment. The study emphasizes the need for harmonization of legal standards to enhance the effectiveness of digital rights protection. The growing influence of ECtHR rulings and international legal instruments suggests a trend toward stronger safeguards for individuals affected by digital rights violations. The findings underscore the importance of developing clear and enforceable guidelines for compensating moral damage in the digital space.
Müəllif :
Gozal Huseynzade
Nəşr tarixi : 2025
Administrative proceedings are understood as activities carried out by the relevant administrative bodies within the framework of the procedural rules established by this Law on the adoption, execution, amendment or cancellation of an administrative act, as well as consideration of administrative complaints, upon the application of individuals or legal entities or on the initiative of administrative bodies. As can be seen from the definition, the main activity of an administrative body is related to the adoption of an administrative act. When interested persons against whom an administrative act has been adopted apply to the court to protect their rights and interests, first of all, whether an administrative act has been adopted in this regard is investigated. From this it is clear that the activities of administrative bodies and their regulation are related to administrative acts. In this regard, the legal force of administrative acts, as well as the validity of administrative acts, are checked in the courts based on the principles of legality and protection of the right to trust. In addition to conducting research on the legal force of administrative acts in theory and legislation, the practice of administrative bodies and court cases were also studied.
Müəllif :
Zarifa Mammadova
Nəşr tarixi : 2025
