The State and the Body: Legal Regulation of Bodily Autonomy, written by Elizabeth Wicks

2018 ◽  
Vol 25 (1) ◽  
pp. 113-117
Author(s):  
Rita D’Alton-Harrison
Keyword(s):  
Legal Regulation ◽  
The State ◽  
The Body

scholarly journals RECREATIONAL LANDS AS A COMPONENT OF HEALTH CARE: SOME ASPECTS OF LEGAL REGULATION

2020 ◽  
Vol 73 (12) ◽  
pp. 2860-2864
Author(s):  
Olena M. Batyhina ◽  
Bogdan V. Derevyanko ◽  
Vitalii V. Kadala
Keyword(s):  
Human Health ◽  
New Technologies ◽  
Legal Regulation ◽  
The State ◽  
The Body ◽  
Health Improvement ◽  
It Services ◽  
Agricultural Enterprises ◽  
The Impact ◽  
Special Protection

The aim: The purpose of the study is to assess the impact of recreational lands on human health and determine the priority forms of their use and protection. Materials and methods: International acts, data of international organizations and findings of scientists have been examined and used in the study. The article also summarizes information from scientific journals and monographs from a medical and legal point of view on the basis of scientific methods. This article is based on dialectical, comparative, analytic, synthetic, and comprehensive research methods. Conclusions: Recreational lands positively influence human health through a powerful effect of natural healing resources in combination with health-improving and therapeutic procedures on the body, which is becoming increasingly popular, and in some cases, it is the most effective treatment of all. Recreational lands are an independent category of land with a special legal regime of use, characterized by a developed or undeveloped natural area containing natural resources for treatment, recovery, rehabilitation, and prevention of diseases, which are under the special protection of the state and territorial communities. Special protection of the state in today's conditions is extremely important because there has been a negative trend in Ukraine regarding raider attacks. The objects of such attacks are exclusively those companies that are competitive in the market, have achieved significant profits, and continue to develop their activities by creating new branches and introducing new technologies. In particular, attacks on the property of agricultural enterprises and business entities that carry out activities in the field of IT services have become frequent in recent years [1, p. 172]. The main target of attacks by raiders on agricultural enterprises is their land. Similarly, without state support and protection, recreational land can be the object of raider attacks. The priority form of using recreational land is the placement of resorts and sanatoriums that provide recreational services. Recreational lands can also be used for health improvement in the “wellness” form or within the framework of health tourism.

scholarly journals Рeculiarities of legal regulation of tax authorities of public authorities in Ukraine

2021 ◽  
Vol 1 (1) ◽  
pp. 332-337
Author(s):  
Elvira Sydorova
Keyword(s):  
Local Governments ◽  
Direct Consequence ◽  
Legal Regulation ◽  
The State ◽  
The Body ◽  
Public Authorities ◽  
Legal Personality ◽  
General Competence ◽  
Ministry Of Finance ◽  
Functional Purpose

The article reveals the peculiarities of the legal regulation of tax powers of public authorities in Ukraine. It is noted that the tax legal personality of the state is a direct consequence of the implementation of the public territorial entity's own tax sovereignty. It is emphasized that one of the main classification criteria for the division of public authorities with tax powers is the functional purpose and nature of the body. On the grounds of functional purpose and the nature of powers in the field of taxation, the investigated bodies are divided into: 1) bodies of general competence (Verkhovna Rada of Ukraine, Cabinet of Ministers of Ukraine, local representative bodies); 2) bodies of special competence with the presence of part of the functions in the field of taxation (Ministry of Finance of Ukraine, State Treasury Service of Ukraine); 3) bodies of special tax competence (State Fiscal Service of Ukraine as a controlling body in the field of taxation). The content and structure of tax powers are considered. It is emphasized that the main distinguishing feature of the ratio of tax competence and tax powers is the possibility of delegating part of the powers, while the competence is not subject to delegation. Based on the analysis of the current legislation of Ukraine, the tax powers of public authorities and local governments are considered. The rights and responsibilities in the tax sphere of the Verkhovna Rada of Ukraine, the State Fiscal Service of Ukraine, the Cabinet of Ministers of Ukraine, the Ministry of Finance of Ukraine, the State Treasury Service of Ukraine, local councils are covered. In order to prevent violation of the principle of tax stability in the adoption of laws on taxes and fees, the Law of Ukraine "On the Rules of Procedure of the Verkhovna Rada of Ukraine" should provide for the implementation of laws defining taxes, fees and their elements. It is the direct duty of the parliament to strictly adhere to the requirement of stability in its interpretation, which is set out in the Tax Code of Ukraine. To bring the Regulation on the Ministry of Finance of Ukraine in terms of tax powers in accordance with the Tax Code of Ukraine, it is necessary to set out subparagraph 39 of paragraph 4 of the Regulation as follows: The Ministry of Finance of Ukraine fees for a period exceeding one budget year, if the amount declared for installment or deferral or the amount of deferred or deferred monetary obligations or tax debt in respect of which payment is deferred is 1 million hryvnias or more; makes a reasoned decision to grant installments or deferrals of monetary obligations or tax debt in respect of national and local taxes and fees, as well as to postpone the payment of deferred or deferred amounts, if the amount of previously granted installments or deferrals of monetary obligations or tax debt was not repaid».

COVID-19 pandemic as a challenge to constitutional legal order

2020 ◽  
Vol 29 (6) ◽  
pp. 17-30
Author(s):  
Nataliya Varlamova
Keyword(s):  
Human Rights ◽  
Emergency Situation ◽  
Time Frame ◽  
Legal Regulation ◽  
The State ◽  
The Body ◽  
State Of Emergency ◽  
Constitutional Order ◽  
Almost All ◽  
Regional Authorities

The COVID-19 pandemic is certainly an emergency, it has affected almost all countries in the world and has a serious impact on the functioning of their authorities. In the current state of emergency, states have two strategies of action: to overcome it within the framework of the existing constitutional order and the current legal regulation, or to introduce a special legal regime. Today, the choice of these options for responding to the COVID-19 pandemic is being actively discussed by politicians and experts. Each of them has its pros and cons. In the event of a refusal to declare a state of emergency, the usual rules and procedures are used, which also allow the establishment of additional restrictions on human rights necessary in connection with the pandemic. This approach is attractive because it prevents the spread of panic and demonstrates that the state does not intend to resort to “draconian” measures. At the same time, a formal declaration of a state of emergency fosters awareness of the gravity of the situation and mobilizes society to combat it. Furthermore, this forces the state to openly declare what restrictions it is going to introduce, substantiate the actual existence of an emergency situation and the need for the measures used, and also indicate the time frame for this regime. This creates certain guarantees that the additional restrictions imposed on human rights will not apply to normal conditions. A state of emergency usually presupposes the concentration of public authority in the body (bodies) of executive power, often specially created for a given period, which in their activities largely replaces the parliament and regional authorities. However, in a pandemic, the “level of emergency” manifests itself differently in different regions of the country, which requires decentralization of governance, the involvement of regional authorities and civil society institutions. But the establishment of the necessary restrictive measures at the regional level very often contradicts the constitutional guarantees of human rights and freedoms, which cannot be corrected by the regional authorities, which “erodes” the constitutional order. The greatest danger is the abuse of emergency powers and their use for political purposes, as well as the preservation of certain emergency measures and the introduced legal regulation after the end of the emergency situation (actually existing or officially declared).

scholarly journals THE CONSTITUTIONAL COURT IN THE MECHANISM OF DOMESTIC REMEDIES IN STATES WITH DIRECT ACCESS TO CONSTITUTIONAL JUSTICE: OPERATIONAL AND ECONOMIC ASPECTS

2020 ◽  
Vol 6 (1) ◽  
pp. 18
Author(s):  
Iryna Berestova ◽  
Galyna Yurovska
Keyword(s):  
Human Rights ◽  
National Level ◽  
Legal Regulation ◽  
The State ◽  
The Body ◽  
International Standards ◽  
Direct Access ◽  
Constitutional Court ◽  
Constitutional Review ◽  
Constitutional Justice

This article studies the legal status and the performance of the Constitutional Court (hereinafter referred to as the CC). The experience of States with direct access to a body of constitutional jurisdiction enables to distinguish the CC's position in the system of State jurisdictions (with particular economic justification of its activity) and to substantiate its role in the mechanism of domestic remedies. The aim of the article is to reveal the CC's place in the mechanism of domestic remedies of States with centralized constitutional review and direct access to constitutional justice on the part of effective protection of the applicants’ rights and the state budget in the formation of judicial remedies. Methodology. The leading methods of the article are correlation, comparativelegal, dialectical and technical logic methods of research, etc. They enable to compare and contrast international standards in the field of legislation of different European States, to reveal the nature of constitutional and legal conflicts and specifics of the constitutional procedure for the CC’s cases. These problems are also investigated using the method of synthesis of financial justification of the activities of the bodies of constitutional jurisdiction and the effectiveness of the results of their activities in the protection of rights and freedoms of an individual and a citizen. This enables to formulate further development and suggestions for improving the legal regulation of the CC’s activities in the States that have recently begun to implement this instrument of protecting constitutional human rights and freedoms. The key results of the study. It is proven that the CC is a specific body that is the last at the national level to exercise exceptional special powers aimed at protecting human rights and fundamental freedoms. The role of the CC in the system of domestic remedies is revealed. The CC is an autonomous body of constitutional jurisdiction with a constitutional status, independent of the executive and legislative branches. It is substantiated that the CC is factually affiliated to the judicial authorities engaged in jurisdiction. It is proven that the CC's activities are characterized by judicial independence, combined with the powers of the CC judges to decide legal matters within its constitutional jurisdiction. Cases are judicial in nature, and the CC considers them on the rule of law. The decisions adopted shall be mandatory (binding) and shall not be altered by other branches of government. The main functions of the body of constitutional jurisdiction are distinguished into quasi-judicial, cognitive and evaluative, harmonizing. The consistent universal approach of the European Court of Human Rights (hereinafter referred to as ECHR) states that the notion of "court" does not necessarily mean classical jurisdiction, integrated into the judicial system of the state. Finally, the article proves the requirement of recognizing the CC as a “court established by law” essentially and functionally. Consistent approaches and criteria for defining the notion of "court established by law" formulated by the UN Committee on Human Rights and the ECHR's case-law prove that the CC can be identified as the last mandatory domestic remedy before applying to international judicial institutions, subject to the criterion of an effective remedy, formulated by the ECHR's caselaw during proceedings in the CC.

La systémique: son apport à la sylviculture et son rapport au marché | Systemics: its contribution to silviculture and its connection to the market

2006 ◽  
Vol 157 (7) ◽  
pp. 283-286
Author(s):  
Guido Bernasconi
Keyword(s):  
Forest Management ◽  
Public Funding ◽  
Management Plan ◽  
Living System ◽  
The State ◽  
The Body ◽  
Systemic Approach ◽  
Forest Management Plan

The silvicultural principles of a forest management plan for Canton Neuchâtel reveals itself as steeped in a systemic approach that allows us to consider the forest as a truly living system. In this context, it seems judicious to the author to conceive of the body forest personnel as a group of responsible people who share certain common ethics and who, in their work, promote the emergence of collective services recognised as beneficial to the state and which would be supported by public funding for the good of the entire community.

FEATURES OF THE STRUCTURE AND SUBJECTIVE COMPOSITION OF CONTRACTUAL RELATIONS WITH THE PARTICIPATION OF JSC «SCIENTIFIC AND PRODUCTION CORPORATION «PRECISION INSTRUMENTATION SYSTEMS»

2020 ◽  
Vol 1 (6) ◽  
pp. 42-46
Author(s):  
S.V. DOROZHINSKY ◽  
Keyword(s):  
Public Procurement ◽  
Legal Regulation ◽  
The State ◽  
Regulatory Framework ◽  
Contractual Relations ◽  
Procurement System ◽  
State Defense

The article discusses the features of procurement in the framework of the state defense order by conducting trade procedures. The analysis shows that the regulatory framework for state defense orders includes both general acts for the entire public procurement system and special acts regulating relations specifically in the field of defense orders. The features of legal regulation in this sphere are determined, first of all, by the defense order specifics, but, primarily, this sphere as a whole is subject to the rules of legal regulation common to the sphere of public procurement.

A Litreary Review of Vishama Jwara and its principle of treatment

2016 ◽  
Vol 1 (2) ◽  
Author(s):  
Dr.Saurabh Parauha ◽  
Hullur M. A. ◽  
Prashanth A. S.
Keyword(s):  
High Temperature ◽  
Body Temperature ◽  
The State ◽  
The Body ◽  
Cardinal Symptoms

In Ayurveda, Jwara is not merely the concept of raised body temperature, but as is said in Charaka Samhita, 'Deha- Indriya- Manah- Santap' is the cardinal symptoms of Jwara. This can be defined as the state where the body, mind as well as sense oragans suffer due to the high temperature. Vishamajwara is a type of fever, which is described in all Ayurvedic texts. Charaka mentioned Vishamajwara and Chakrapani have commented on Vishamajwara as Bhutanubanda, Susruta affirmed that Aagantuchhanubhandohi praysho Vishamajware. Madhavakara has also recognised Vishamajwara as Bhutabhishangajanya (infected by microorganism). Vishamajwara is irregular (inconsistent) in it's Arambha (nature of onset commitment), Kriya (action production of symptoms) and Kala (time of appearance) and possesses Anushanga (persistence for long periods). The treatment of this disease depends upon Vegavastha and Avegavastha of Jwara. Various Shodhana and Shamana procedures are mentioned in classics to treat Visham Jwara.

Sign in / Sign up

Export Citation Format

Share Document