scholarly journals Legal instruments for stimulating environmentally friendly behavior: successful practices in Russia and abroad

2020 ◽  
Vol 164 ◽  
pp. 11039 ◽  
Author(s):  
Alexsei Malinovsky ◽  
Dina Osina ◽  
Elena Trikoz

This paper presents an analysis of the most successful legal tools to stimulate environmentally friendly behavior of the population. The relevance of studying this issue follows from the disappointing data of the official statistics of the Organization for Economic Cooperation and Development, according to which air pollution can lead to premature death of 6-9 million people by 2060. Using the example of Russia, the EU countries, the USA, India and Japan, the specifics of state influence are revealed with the aim of stimulating “green” behavior of the population, the advantages and disadvantages of various approaches to state regulation in the environmental sphere are considered. Foreign experience is analyzed through the prism of the potential for its further reception in Russia - for example, it is proposed to turn to the practice of India, expressed in the functioning of a separate environmental court; special attention is paid to foreign experience in providing benefits and state assistance in the acquisition of electric cars. Despite the fact that achieving socially desirable behavior is possible through the imposition of sanctions, measures to stimulate environmentally friendly behavior can also be an effective way of influencing public relations, as they can lead to the formation of environmental legal awareness, lead to conscious and responsible, socially active behavior in relation to the environment. In the process of preparing the paper, an extensive regulatory and scientific material was studied (including using the legal research services such as Consultant Plus, Garant and Westlaw Academics), and the research methodology was both special legal (rather-legal, technical) and general scientific methods (analysis, synthesis, deduction, induction, etc.).

Author(s):  
Artur Zhavoronok

Introduction. The country's economy is still in a state where its development is hampered by the absence of clearly defined, priority programs to stimulate business and economic sectors, including through credit. Bank lending to business entities is an effective way of getting out of the crisis. Strengthening the role of credit relations as a means of stimulating the development of production is manifested in various aspects. Methods. Fundamental economic theories, lending theories, financial studies, as well as research by scholars and foreign scientists are investigated in the research. They used the generally accepted principles of scientific research to make their decision. A number of general scientific methods were used in the process of research, in particular: analogies and logical generalization (to study the prospects of bank lending); systematic analysis (to study the organization of the process of bank lending in the market of credit services), etc. Results. Based on the isolated problems, the foreign experience of countries such as the USA, Germany, Argentina, Mexico, Poland, Canada and Italy was explored, on the basis of which the prospects for improvement of the bank lending mechanism in Ukraine and credit monitoring of the borrower in particular were outlined. Discussion. Given the overseas experience of developed countries, it is possible to distinguish: a combination of different methods of restructuring problem loans; when assessing the potential risk of default on a loan, use different methods of determining it ("SAMRARI", "PARSEL" or "Rule 5 C"); when making class calculations, make corrective adjustments to the credit score of the borrower. Prospects for further studies of the credit services market may be the intensification of bank lending, which certainly implies further liberalization of refinancing policy, taking into account foreign experience. Keywords: credit, credit relations, credit policy, credit services market, bank lending.


2019 ◽  
pp. 65-69
Author(s):  
V. E. Komov ◽  
A. E. Sibiryaev

The issues of development and regulation of transport infrastructure of Moscow from the point of view of the experience of the world’s megacities have been considered. The advantages and disadvantages of the city transport system of Moscow have been adduced, and the necessity of its improvement has been substantiated. The importance of state regulation in this sphere has been emphasized. Successful foreign experience of the European Union, Japan, New Zealand, China, Singapore, the USA and others megacities in the context of its application in large cities of Russia has been examined.


Eduweb ◽  
2021 ◽  
Vol 15 (2) ◽  
pp. 181-193
Author(s):  
Vira Mizetska ◽  
Olena Sierykh ◽  
Hanna Savchuk ◽  
Diana Yevtimova ◽  
Oleh Synieokyi

The aim of the study is to characterize the impact of the COVID-19 pandemic on the administration of the educational process on the examples of legal and linguistic-didactic aspects. The object of the study is systemic and functional changes in science and education under the influence of the COVID-19 pandemic. The subject of the study is public relations in the field of education and science in their legal and linguistic-didactic aspect under the influence of the COVID-19 pandemic. Research methods are general scientific and special scientific methods, in particular, system-structural, formal-legal, hermeneutic; methods of analysis, synthesis. As a result of the research, the peculiarities of administration of educational processes in the conditions of COVID-19 in the aspect of mechanisms of legal support of activity of bodies of education and science, linguodidactics were formulated; the characteristic of systemic changes in the sphere of education which have occurred under the influence of the distribution of a coronavirus is carried out; describe the main approaches contained in the current scientific literature to solve the above problems.


Author(s):  
Elena A. Larina

The study reveals some of the phenomenon of legal force features, which is an integral element of regulatory legal acts, as well as contracts, electronic documents that act as regulators of public relations. The purpose is to determine the methodological approaches with the help of which it is pos-sible to study this phenomenon more fully, as well as to identify the short-comings of the existing approaches. The dialectical-materialistic method, general scientific methods, special legal methods are used as methods. In the course of the research, we turn to such methodological approaches as histori-cal, logical, hermeneutic, comparative, systemic, synergistic, humanistic, cy-bernetic, structural, functional. A brief description of them is given (the fea-tures are determined, the views of legal scholars on these methodological ap-proaches and the applicability of such approaches in relation to the study of the phenomenon of legal force are reflected). We come to the conclusion about the insufficiency of the currently existing research methodological ap-proaches in relation to the category of “legal force” and determine some prospects for the development of this topic. We prove that methodological approaches allow us to study not only the features of the category of “legal force” (classification, purpose, etc.), but also the specifics of acts, documents, the process of their adoption, application.


2015 ◽  
Vol 1 (4) ◽  
pp. 0-0 ◽  
Author(s):  
Ольга Муратова ◽  
Olga Muratova

The article covers the question of the enforcement of acts of “soft” law — unformal sources of regulation of public relations. It is pointed in the article, that though acts of “soft” law are not the sources of law in traditional understanding, such acts are important practical regulators of private-law relations. The author gives the common characteristic of acts of “soft” law, makes comparative analyses with legal acts. Although the most attention in the article is paid to the legal effect of the enforcement of acts of “soft” law, first of all, from the view of regulation of private-law relations. While preparing the article the complex of methods was used, which lay on the basis of systematical and dialectical concepts. The main conclusion of the issue is the acknowledgement of the fact of the exercising of influence by the acts of “soft” law on regulation of private-law relations. This article is based on a combination of methods of cognition, which amounted to a systematic and dialectical approach. The author appeals to the general scientific methods (analysis, synthesis, induction, deduction) and to the specially-legal methods of learning: formal-legal, comparative legal, structural and functional.


2020 ◽  
Vol 24 (3) ◽  
pp. 547-571
Author(s):  
Andrey V. Skorobogatov ◽  
Alexandr V. Krasnov

The article explores the legal nature of law principles from the perspective of philosophical and legal analysis. The purpose of the article is to form scientifically based knowledge on the philosophical and legal nature of the category law principle using postclassical methodological tools. Research Methods: The methodology of the article is based on the postclassical scientific rationality. The authors use an integrative approach to the study of legal reality in combination with a phenomenological and synergetic methodology, thereby using a number of general scientific and special scientific methods in a particular logical system, which makes it possible to study law principles both ontologically, in terms of their role in law in general, and epistemologically as well as axiologically. Moreover, the content, functioning and development of law principles are considered phenomenologically, as well as in the context of law communication. Results: The law principle in the ontological aspect is a fundamental form of law, reflecting the most significant ideas concerning regulation of public relations; the law principle is used as a direct regulator along with the rule of law. The epistemological law principle can be interpreted as a generalizing category, reflecting interpretation and assessment of legal reality from the standpoint of postclassical methodology. From an axiological point of view, the law principle embodies the law and social values and traditions that are dominant within the framework of a given socio-cultural chronotope, and is also used as one of the fundamental tools for constructing legal reality and its development. Conclusions: the law nature of law principles is determined with the account of postclassical methodology onto-logically, epistemologically and axiologically, in terms of their dual role in formation, development and construction of legal reality at all of its levels, in the context of both objective and subjective factors. The findings can be applied in drawing up concepts of legal and judicial reforms in terms of targeted construction of legal reality, as well as in the process of predicting the development of the Russian legal system.


2021 ◽  
pp. 54-61
Author(s):  
S. G. Trifonov ◽  
◽  
K. V. Trifonova

Currently, the Ombudsman is a traditional component of democratic legal systems. The creation of such a body, as noted in the Council of Europe Resolution «On the role of commissioners/ombudsmen in the protection of citizens’ rights», which would try to ensure justice, respect for the foundations of the rule of law and at the same time be able to establish a dialogue with citizens, is necessary in many States. The purpose and objectives of this article are to consider the issues of the emergence and development of the constitutional-legal institution as an Ombudsman in General, and the evolution of this institution, in which there were various models and types of ombudsmen. It is also necessary to describe the existing models of the Ombudsman applied in different States. The article examines the functional specialization of ombudsmen, which occurs through the introduction of ombudsmen in certain areas of public relations or to protect the rights and interests of the most legally vulnerable categories and groups of the population, and specifically the emergence of the institution of migration ombudsmen. The methodology of the article is based on a set of philosophical and worldview, General scientific principles and approaches and special scientific methods of cognition of constitutional and legal phenomena. When writing, a number of General scientific and special scientific methods were used, including: system and structural-functional methods, sociological method, formal-logical method, comparative-legal method. As a result of the research, we can conclude that the essential characteristics of the Ombudsman institution have changed from the institution of supervision of the administration and the court to the most important human rights mechanism that it represents at the present stage. Within the framework of the functioning of the institution of the Ombudsman, different models have been identified in different States and specialized ombudsmen have appeared, including those dealing with the protection of the legal rights and interests of migrant workers.


2018 ◽  
Vol 2 (3) ◽  
pp. 72-77
Author(s):  
A. Algazina

The subject. The paper is devoted to the main trends of the Russian customs law at the present stage.The purpose of the paper is to determine the place of customs law in the system of Russian law and to identify the features of its impact on the development of integration within the EAEU.The methodological basis for the study: general scientific methods (analysis, synthesis, com-parison, description); private and academic (interpretation, formal-legal).Results, scope. Despite all the variety of social relations that make up the subject of customs law, their core is the relationship associated with the management of customs authorities, regulated by the rules of administrative law. In this regard, the allocation of customs law as an independent branch of law, in our opinion, is premature.Further development of integration within the EAEU has necessitated the development and adoption of a new codified legal act regulating public relations in the field of customs.Analysis of the provisions of the customs code of the EAEU revealed the following innovations, confirming the thesis on the simplification of regulation in the sphere of customs affairs:– reduction of terms of performance of separate customs operations;– priority of electronic Declaration form;– improvement of the Institute of customs control;– further development of the Institute of authorized economic operators.Conclusions. Customs law is a sub-branch of administrative law at present. A natural con-sequence of the integration processes is the transformation of the domestic customs law into an alloy of international law, integration law (acts of the EAEU) and national law.


Author(s):  
Оганес Акопян ◽  
Oganes Akopyan

The subject of the research is the issues and trends of state regulation of the industrial sector of the USA economy. Particular attention is paid to the changes and trends of financial regulation, the establishment of new institutions, promoting industrial development. This article describes a number of new programs and approaches to the regulation of the named sphere. It describes the practice of limited access of foreign investors to the USA strategic industrial sector in order to ensure national security. The methodological basis of the study is the dialectical method of scientific knowledge as well as the general scientific and special methods: system-structural, comparative law, logic, observation, description, statistics. Also documentary method of analysis, abstraction and generalization method are used. An important trend in the regulation of the industrial sector in the USA is to move from the period of progressive liberalization, based on the theory of self-regulating markets that can come into equilibrium and provide exceptionally efficient allocation of resources with minimal interference from the state, to the realization of the need of restrictions of market freedom due to the expansion of powers regulatory authorities.


2019 ◽  
Vol 4 (5) ◽  
pp. 240
Author(s):  
Nataliia Ortynska ◽  
Liudmyla Savranchuk ◽  
Svitlana Matchuk

The aim of the article is to study the foreign experience of electronic tax administration on the basis of the analysis of scientific literature, and as well as to determine the possibilities for its use with further improvements of domestic legislation in this field in Ukraine. The subject of the study is the foreign experience of electronic tax administration and the possibility of its use in Ukraine. Methodology. The research is based on the dialectical method of scientific knowledge and on general scientific methods, which are based on it, such as: analysis, comparison, analogy, induction, and others. Results of the conducted study have shown that today there is a large number of countries where the digital tax format functions effectively and constantly develop. It is substantiated that the use of the experience provided in the article will give an opportunity to build a simple and effective system of electronic tax administration in Ukraine. And this fact, of course, will influence positively on the financial sphere in Ukraine. Practical impact. The positive experience of establishing a legal framework for the provision of electronic tax administration in foreign countries proves that the digital tax format functions effectively and is constantly developing. Besides, some practices of these countries in the field of electronic tax administration can be rather positive for implementation in the territory of Ukraine. Correlation/originality. Conducting a comparative analysis of the legislation and legal doctrine of Ukraine, and the countries of the European Union and the USA regarding the legal provision of electronic tax administration is the basis for developing the most promising directions of development of domestic legislation in the financial sector of the entire Ukrainian state.


Sign in / Sign up

Export Citation Format

Share Document