Implementation of the Law on Responsible Treatment of Animals: from the quality of norms to effective law enforcement

2021 ◽  
Author(s):  
V. Avhadeev ◽  
L. Bitkova ◽  
C. Bogolyubov ◽  
I. Bondarchuk ◽  
A. Vinokurov ◽  
...  
Keyword(s):  
Social Relations ◽  
Animal Rights ◽  
Legal Regulation ◽  
Federal Law ◽  
Law Schools ◽  
Animal Shelters ◽  
State Supervision ◽  
Wide Range ◽  
The Law

The collection contains articles on the quality of the conceptual apparatus and terminology of Federal Law No. 498-FZ of December 27, 2018 "On Responsible Treatment of Animals and on Amendments to Certain Legislative Acts of the Russian Federation", the subject of its legal regulation, the effectiveness of the mechanism for its implementation laid down in the law, state supervision and public control in the field of animal treatment. The problems of organizing the activities of animal shelters without owners, protecting animals from abuse and responsibility for such offenses, directions and ways to improve Federal Law No. 498-FZ and the practice of its application are also highlighted. Attention is paid not only to modern, but also to historical, international and foreign experience of legal regulation of the considered social relations, norms-requirements, restrictions and prohibitions in the field of keeping and using animals, moral and ethical aspects of interaction between people and animals, which emphasizes the complex and interdisciplinary nature of the presented research. The publication is addressed to lawyers-scientists and practitioners, subjects of the law of legislative initiative, employees of state authorities and local self-government bodies directly involved in the application of the norms of Federal Law No. 498-FZ, employees of various organizations engaged in the maintenance, use and protection of animals, animal rights activists, students and postgraduates of law schools, as well as a wide range of readers interested in this issue.

General theory of law in connection with the axiology of values

2021 ◽  
Author(s):  
Aleksandr Chernyavskiy
Keyword(s):  
General Theory ◽  
Point Of View ◽  
Legal Issues ◽  
Human Values ◽  
Law Schools ◽  
Wide Range ◽  
The Law ◽  
Theory Of Law

The monograph presents the author's view on the legal quality of law from the point of view of the theory of law as the norms of coordinating interests about values. The author gives an assessment of the norms of law as the norms of differentiation and coordination of relations regarding values. The article analyzes what is the driving principle of law: the convergence of state values and human values. The author believes that any attempts to assign priority to certain values without taking into account their real correlation in society are doomed to failure in advance. The attitude of a person to the law is the defining embodiment of legal values as the socio-cultural basis of law. The law regulates the procedure for the realization of interests in relation to values. For a wide range of readers interested in legal issues. It will be useful for students, postgraduates and teachers of law schools.

Typologization of security regulation

2020 ◽  
pp. 20-27
Author(s):  
Denis Tikhomirov
Keyword(s):  
Social Relations ◽  
Scientific Literature ◽  
Legal Regulation ◽  
Procedural Understanding ◽  
Limited Ability ◽  
Methodological Basis ◽  
Wide Range ◽  
The Subject ◽  
Definition Of ◽  
Legal Understanding

The purpose of the article is to typologize terminological definitions of security, to find out the general, to identify the originality of their interpretations depending on the subject of legal regulation. The methodological basis of the study is the methods that made it possible to obtain valid conclusions, in particular, the method of comparison, through which it became possible to correlate different interpretations of the term "security"; method of hermeneutics, which allowed to elaborate texts of normative legal acts of Ukraine, method of typologization, which made it possible to create typologization groups of variants of understanding of the term "security". Scientific novelty. The article analyzes the understanding of the term "security" in various regulatory acts in force in Ukraine. Typological groups were understood to understand the term "security". Conclusions. The analysis of the legal material makes it possible to confirm that the issues of security are within the scope of both legislative regulation and various specialized by-laws. However, today there is no single conception on how to interpret security terminology. This is due both to the wide range of social relations that are the subject of legal regulation and to the relativity of the notion of security itself and the lack of coherence of views on its definition in legal acts and in the scientific literature. The multiplicity of definitions is explained by combinations of material and procedural understanding, static - dynamic, and conditioned by the peculiarities of a particular branch of legal regulation, limited ability to use methods of one or another branch, the inter-branch nature of some variations of security, etc. Separation, common and different in the definition of "security" can be used to further standardize, in fact, the regulatory legal understanding of security to more effectively implement the legal regulation of the security direction.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

scholarly journals ADMINISTRATIVE AND LEGAL REGULATION OF THE FUNCTIONING OF JUVENILE JUSTICE IN THE ENSURING OF CHILD RIGHTS

2020 ◽  
Vol 33 (20) ◽  
pp. 77-81
Author(s):  
N. Yu. Veselov
Keyword(s):  
Juvenile Justice ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Main Body ◽  
Criminal Proceedings ◽  
Rights Of The Child ◽  
The Law ◽  
Keywords Child ◽  
Legal Mechanism

Problem setting. Legal regulation is an integral component of the administrative and legal mechanism for ensuring the functioning of juvenile justice, through which the state regulates relevant social relations through law and the totality of legal means. Recent research and publications analysis. The following Ukrainian scientists tried to conceptually solve these issues: Ya. Kvitka, V. Levchenko, O. Maksimenko, N. Lesko, I. Ishchenko, O. Navrotsky. Paper objective. The purpose of the study is to obtain scientific and applied results on the presentation of options for legislative support of juvenile justice in other countries and to formulate proposals for improving the administrative and legal regulation of juvenile justice in Ukraine. Paper main body. The analysis of the legislation of other countries indicates that there are several conditional models of legal regulation of the peculiarities of ensuring the rights of the child in the exercise of juvenile justice. This division is based on the following criteria, such as the existence of a law in the country that establishes the general principles of the judicial and extrajudicial, administrative and legal protection of children’s rights; the existence of a separate law on juvenile justice, which codifies all the rules of law that determine the peculiarities of criminal proceedings against children; the existence of a separate law on juvenile justice, but which establishes the general principles of the operation of juvenile justice, public administration in this area, prevention of offenses, etc. Conclusions of the research. The expediency of adopting the Law on Juvenile Justice in Ukraine, which, in its content, will mainly be an act of administrative and legal nature, the Law «On Ensuring the Rights of the Child in Ukraine», the Law «On the Ombudsman of Ukraine» is substantiated. Keywords: child, minor, legal regulation, administrative law, juvenile justice, justice.

scholarly journals Implementation of the Provisions of the European Convention for the Protection of Pet Animals into Ukrainian Legislation: Some Theoretical and Applied Aspects

2021 ◽  
Vol 30 (3) ◽  
pp. 29-45
Author(s):  
Nadiia Kobetska ◽  
Lesia Danyliuk
Keyword(s):  
Animal Welfare ◽  
Animal Rights ◽  
Legal Regulation ◽  
European Convention ◽  
General Nature ◽  
Legislative Process ◽  
Legal Representation ◽  
The Law ◽  
European Standards ◽  
Legal Mechanism

European integration processes in Ukraine have led to the approximation of national legislation to European standards, including pet handling. The first and currently the only ratified European convention in Ukraine on protection and ensuring animal welfare is the European Convention for the Protection of Pet Animals. The article describes the major doctrinal, legislative and practical aspects of implementing this Convention into Ukrainian law. The legal regulation of the humane treatment of domestic animals in Ukraine is based on the Law of Ukraine on the protection of animals from cruel treatment, its provisions being of a general nature, and detailed solutions are found in other laws and regulations. Detailed rules for dealing with pets are determined by municipalities and they are implemented in the relevant administrative and territorial units. The concept of “animal rights”, despite its proclamation in the preamble to the Law of Ukraine on the protection of animals from cruel treatment, has no formal legal representation and reflection in Ukrainian legislation. Nevertheless, Ukrainian legal academic doctrine, legislative process and law enforcement practice are currently embodying the concept of animal welfare. The development and implementation of a coherent legal mechanism for pet handling is the major contributing factor in achieving pet welfare, therefore Ukraine needs a clear strategy to improve its legal regulation.

scholarly journals The positive legal uncertainty as a technical and legal method of exposition of law

2021 ◽  
Vol 21 (4) ◽  
pp. 437-444
Author(s):  
Ekaterina Yu. Arkhipova ◽  
Keyword(s):  
Social Relations ◽  
Self Regulation ◽  
Historical Analysis ◽  
Legal Regulation ◽  
Russian Society ◽  
Legal Method ◽  
Legal Uncertainty ◽  
The Law ◽  
Market Relations ◽  
Law Making

Introduction. In modern Russian society with high rates of development of market relations, digitalization of the main spheres of life, popularization of the ideas of self-organization and self-regulation, legal uncertainty acts as a bipolar phenomenon, which is not only a consequence of law-making errors, but an effective technical and legal way of presenting regulations. Theoretical analysis. The historical analysis of the formation and development of ideas of certainty and uncertainty in jurisprudence showed that these categories are considered as universal phenomena characteristic of any matter. It was established that absolute certainty is unattainable and not always in demand, while legal uncertainty is inherent in the very nature of law. Еmpirical analysis. It was revealed that the need to ensure mobility and flexibility of legal regulation imposes the task of a reasonable use of legal uncertainty as a technical and legal way of presenting law on the law-making subject, which is reflected in the current legislation. Results. Legal uncertainty is an objective and inevitable phenomenon, and the total regulation of social relations is not always justified. The law is being improved on the basis of the principle of transition from the casuistic to the abstract, which proves its universality.

scholarly journals THE CORRELATION OF THE CATEGORIES OF “QUALITY” AND “SAFETY” OF PRODUCTS

2019 ◽  
pp. 74-78
Author(s):  
T.V. Malanchuk ◽  
E.A. Zaitsev
Keyword(s):  
Civil Rights ◽  
Legal Regulation ◽  
Poor Quality ◽  
Product Safety ◽  
Legal Rights ◽  
Safety Issues ◽  
State Supervision ◽  
Safety Features ◽  
And Control

The article analyzes the complex state of the modern legislative regulation of quality and product safety issues in the context of ensuring consumers’ rights to the proper quality of goods (works, services). It is stated that in view of the variety of different properties that make up the notion of quality, the most important are the defects, which are capable of damaging the life, health, or property of the consumer, that is, the defects, which indicate that the goods are dangerous. The safety of goods works, and services as a legal category are of particular importance and is one of the functions of the state to ensure public safety. State measures of influence on manufacturers and sellers of goods, persons who perform work and provide services should be aimed at ensuring the protection of fundamental civil rights. In most cases, these are imperative requirements for safety, which are approved by special legal acts, as well as measures of state supervision and control to ensure the safety of manufactured goods, works, and services. The legislator, when defining security, uses the term “safety of goods (works, services)”, but it would be advisable to carry out graduation of these concepts since the safety of goods is a state of goods that allows it to be sold, used, stored, transported, disposed of without harm for life, health, the property of the consumer and the environment in normal conditions, and the safety of works and services is the quality of protection of the legal rights of the consumer in carrying out the activities of persons who perform work and provide services, danger to life, health, the property should not manifest itself either in their implementation and providing or later. It is noted that quality requirements should be made mandatory when designing production specifications. It is stated that in order to ensure the effectiveness of legal regulation, the safety of a product, work, or service must be considered as a full-fledged property within the legal notion of quality. It is concluded that product safety is an integral feature of any product, work, and service, acting as an integral element of the quality category. Lack of safety features indicates that the product is of poor quality. Keywords: quality, safety, proper quality, improper quality, specifications, consumers.

The international legal framework for cooperation between States on countering illicit trafficking in medical products

2021 ◽  
Author(s):  
Kristina Zimina
Keyword(s):  
Russian Federation ◽  
Legal Framework ◽  
Legal Regulation ◽  
Law Schools ◽  
Legal Norms ◽  
Medical Products ◽  
Wide Range ◽  
The Russian Federation ◽  
Illicit Trafficking

The monograph is devoted to the study of the international foundations of cooperation between states in the field of combating illicit trafficking in medical products (NOM), as well as to the study of the functioning of modern international legal mechanisms of such interaction. The author's proposals for improving the legal regulation in the field of countering the NOM in the process of implementing international legal norms regulating these legal relations into the legislation of the Russian Federation and foreign states are presented. For a wide range of readers interested in countering illegal trafficking of goods, works and services. It will be useful for students, postgraduates and teachers of law schools.

scholarly journals The gathering momentum for animal rights

2014 ◽  
Vol 1 (1) ◽  
Author(s):  
David FAVRE
Keyword(s):  
United States ◽  
Animal Rights ◽  
The United States ◽  
Legal Institutions ◽  
Law Schools ◽  
The Past ◽  
Substantial Progress ◽  
The Law ◽  
Law Professors ◽  
Made In

The focus of this article is to track the progress that has been made on behalf of<br />animals within the legal institutions of the United States. While there is an obvious focus on<br />the adoption of new laws, there are many steps or changes that are necessary within broader<br />legal intuitions if substantial progress is to be made in the changing and enforcing of the<br />laws. For example, at the same time that legislatures must be convinced of the need for<br />change, so must the judges believe in the new laws, otherwise enforcement of the law will be<br />not forthcoming.<br />Besides the court and the legislature, legal institutions include law schools, legal publications,<br />and the various associations of lawyers and law professors. What is the visibility and<br />credibility of animal issues within these institutions? Without progress within all aspects of<br />the legal community, success on behalf of animals is not possible. We in the United States<br />have made progress, particularly in the past ten years, but we have much yet that needs to be<br />done. By charting the progress and lack of progress in the United States, the readers in<br />Brazil and other countries will have some landmarks by which to judge the progress of the<br />issue of animal rights/welfare within their own country.

scholarly journals Exceptions to Law as a Means of Ensuring Its Legitimacy

2018 ◽  
Vol 5 (2) ◽  
pp. 33-39
Author(s):  
S Yu Sumenkov
Keyword(s):  
Social Relations ◽  
Legal Regulation ◽  
Main Role ◽  
General Version ◽  
Regulatory Impact ◽  
The Law ◽  
The Right

The article reveals the relations between two phenomena of legal reality: the legitimacy of law and exceptions to the law. The author agrees that the legitimacy is the most important feature of the right, indicating the recognition of both the right itself and its regulatory impact by the majority of the population. The legitimacy of the law is achieved through its effectiveness, especially speed and differentiation. But the main quality that contributes to the legitimacy of law is the possibility of coordination of different-vector interests of numerous and heterogeneous subjects of social relations. The main role in solving this problem is played by exceptions to the law, which offer a different, compared with the General version of regulation, without destroying the standardizing effect of legal regulation.

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