Predictions and Risks in the Legal Sphere

10.12737/2575 ◽  
2014 ◽  
Vol 2 (3) ◽  
pp. 5-17 ◽  
Author(s):  
Юрий Тихомиров ◽  
YUriy Tikhomirov
Keyword(s):  
System Dynamics ◽  
Social Development ◽  
International Law ◽  
Legal System ◽  
Legal Regulation ◽  
Legal Regulations ◽  
Negative Consequences ◽  
Legal Risks ◽  
Legal Effect ◽  
Development Processes

The article is devoted to the concept of advanced legal effect, targets of legal prognosis, such as scientific prognostication of dynamics of legal conditions, optimal legal effect on social and politic processes, avoidance of possible deviations. Elements of juridical prognosis are determined: borders and contents of perspective legal regulation, means of correlation of social development processes and their legal reverberation. Theses correlation could help to ascertain cause-and-effect relations in the legal system, dynamics of legal regulations in national and international law, dynamics of statutes and functions of subjects of law, legal risks. All these elements would stimulate minimizing of negative consequences. Methods of prognostication and a range of criteria for an estimation of results are also considered in the article.

scholarly journals Russian legislation on public control

2021 ◽  
Vol 7 (1) ◽  
pp. 374-382
Author(s):  
Vitaly Viktorovich Goncharov ◽  
Tatiana N. Mikhaleva ◽  
Grigory A. Vasilevich ◽  
Evgeny Sergeevich Streltsov ◽  
Aleksandra Alekseevna Milkova ◽  
...  
Keyword(s):  
Civil Society ◽  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Public Control ◽  
The Russian Federation ◽  
Legal Mechanism

This article is devoted to constitutional legal analysis of international legal bases of the legislation of the Russian Federation on public control. The work substantiates the position that to understand the constitutional legal mechanism of public control in Russia it is necessary to study the international legal framework of control of civil society over public authority in connection with the implementation of generally recognized principles and norms of international law in the legal system of the Russian Federation as a priority the rules of the legal regulation under Part 4 of Article 15 of the Constitution.

Ethical adaptation and legal regulation of modern technology

2021 ◽  
pp. 209660832110530
Author(s):  
Jie Song
Keyword(s):  
Research And Development ◽  
Legal System ◽  
Ethical Issues ◽  
Chinese Philosophy ◽  
Legal Regulation ◽  
Modern Technology ◽  
Academic Community ◽  
Responsible Innovation ◽  
Negative Consequences ◽  
Ethical Norms

The efficiency and convenience afforded by modern technology have increased its importance to society in recent years. However, the risks and ethical issues associated with it can lead to many social problems. There is consensus in the academic community that standardizing the research and development of modern technology can help solve those problems. Although different in scope, ethical adaptation and legal regulation are both effective ways to regulate modern technology. Ethical adaptation is mainly used to optimize the environment of research and development on modern technology. The coordination of Dao (the ‘way’ in classical Chinese philosophy) and technology is a means of constructing a rational technical ethic. The social construction of technology provides the possibility for Dao–technology coordination, and responsible innovation is a responsibility that should be shouldered by technical workers. The ethical adaptation of modern technology has a significant influence but limited restraints. When ethical adaptation cannot function, it is necessary to consider technical behaviour within the scope of legal regulations and restrain modern technology by formulating and implementing a legal system for it. The relevant laws are grounded in the coercive force of the state and are far more effective than ethical norms. Moreover, a lack of ethics for technological actors has caused some negative consequences in the application of technology. When formulating laws regarding technology, it is important to include science and technology policies and ethical norms to complete the legal system for technology. The derivative effect of modern technology requires the joint action of ethics and law. Only when they coordinate with and promote each other can the benign development of modern technology and the orderly development of modern society be realized.

scholarly journals Legalizacja samowoli budowlanych w polskim systemie prawnym

2020 ◽  
pp. 103-115
Author(s):  
Sybilla Stotko
Keyword(s):  
Legal System ◽  
Legal Status ◽  
Historical Review ◽  
Legal Regulation ◽  
Final Part ◽  
Final Decision ◽  
Legal Regulations ◽  
Construction Supervision

Niniejszy artykuł przedstawia regulację prawną dotyczącą instytucji legalizacji samowoli budowlanej w Polsce w ujęciu historycznym oraz jej ewaluację. Zaprezentowano złożoność zagadnienia oraz trudność właściwego uregulowania prawnego tej materii. Od 19 września 2020 roku w Polsce obowiązują znowelizowane przepisy w zakresie procedury legalizacji samowoli budowlanych. Po zmianie prawa to w dalszym ciągu do organów nadzoru budowlanego należy ostateczna decyzja co do możliwości legalizacji samowolnej budowy. Jednakże odmiennie niż w poprzednim stanie prawnym wszczęcie procedury legalizacyjnej jest możliwe jedynie na wniosek inwestora. Ponadto ustawodawca wprowadził możliwość legalizacji samowoli budowlanych zrealizowanych ponad 20 lat temu w uproszczonym postępowaniu legalizacyjnym. W końcowej części opracowania przedstawiono wszystkie procedury legalizacji samowoli obowiązujące od 19 września 2020 roku oraz zawarto ogólne wnioski w zakresie opisywanej instytucji. Legalisation of unlawful building work in the Polish legal system This paper presents a legal regulation regarding the institution of unlawful building work legalisation in Poland combining its historical review and evaluation. The paper shows the complexity of the problem and the difficulty of providing a legal regulation of the matter. The updated regulations on the procedure of unlawful building work legalisation came into force in Poland on 19 September 2020. After changing the legal regulations, the final decision on the legalisation of unlawful building work still remains in the hands of construction supervision authorities. However, in contrast to the previous legal status, a legalisation procedure can be initiated only upon developer’s request. In addition, the lawmaker has introduced an option to legalise unlawful building work completed over 20 years ago in a simplified legalisation procedure. The final part of the paper presents all procedures for unlawful building work legalisation effective from 19 September 2020 as well as general conclusions regarding the institution under scrutiny.

scholarly journals Working as a physiotherapist before and after the signing of the Physiotherapists Act of September 25th 2015 into law: selected aspects

2017 ◽  
Vol 11 (2) ◽  
pp. 26-30
Author(s):  
Karolina Wyszyńska ◽  
Sylwia Stiler ◽  
Szymon Wyszyński
Keyword(s):  
Western Europe ◽  
Legal Status ◽  
Legal Regulation ◽  
Right To Health ◽  
Legal Regulations ◽  
Negative Consequences ◽  
Right To Health Care ◽  
Professional Environment ◽  
Before And After ◽  
Better Than

Article 68 of the Constitution establishes a universal right to health care. However, when considering the legal regulation of the profession of a physiotherapist, the security provided by the constitution is not guaranteed. There is no single, strict act, which would regulate the rights and obligations of patients and physiotherapists. What constituted working as a professional physiotherapist raised many doubts. The Physiotherapists Act of September 25th 2015 has long been awaited by physiotherapists. Its entry into force has a lot of positive aspects. Adopted with the consensus of the professional environment, it provides an opportunity to guarantee the patients’ safety better than ever, and also to develop treatment and cooperation with the countries of Western Europe. The previous lack of legal regulations for the profession of a physiotherapist still carries negative consequences for both the patients and physiotherapists, as it creates a gap that can be exploited by non-physiotherapists who offer their services. The aim of the study was to present the current legal status of the physiotherapist’s profession and to compare it after the Physiotherapists Act entered into force.

scholarly journals Legal Regulations of Production Plans: Are They Unproductive?

2016 ◽  
Vol 64 (6) ◽  
pp. 2039-2046
Author(s):  
Marek Litzman ◽  
Martin Machay
Keyword(s):  
Decision Making ◽  
Legal System ◽  
Legal Regulation ◽  
Theoretical Background ◽  
Economic Agent ◽  
Legal Regulations ◽  
Economic Literature ◽  
Individual Subject ◽  
Level Of Satisfaction ◽  
Production Plans

Legal system forces every economic agent operating on the market to fulfil some amount of duties and it alternates their decision making. This regulation moves the equilibria of each individual subject including firms, which have to adjust their production plans in a way prescribed by the law. We develop a theoretical background of production under the legal regulation and compare alternate equilibria with different degrees of legal regulation, which is described as unproductive in economic literature. The model shows that regulated production plans and all used inputs are still productive but the level of satisfaction within the society is decreased.

scholarly journals Law in the face of the problem of land take

2020 ◽  
pp. 105-124
Author(s):  
Justyna Goździewicz-Biechońska
Keyword(s):  
Legal System ◽  
Positive Impact ◽  
Legal Regulation ◽  
Legal Regulations ◽  
European Union Law ◽  
Protection Measures ◽  
Land Protection ◽  
The Face ◽  
The Law ◽  
Made In

The aim of the considerations is to determine how the concept of land take and the related EU target of no net land take by 2050 function in the law (especially in Poland), and then to assess to what extent the perception of this formula in the law is relevant to the model of land protection and whether it has the potential to increase the effectiveness of the legal regulation in this respect. Land take is a concept that describes one of the main threats to the protection of land as an environmental resource. First attempts to incorporate this formula into the legal system of land protection have already been made. In European Union law, this was done by setting the goal of no net land take target by 2050. This objective, however, is neither binding nor specified in secondary legislation. The concept of land take and the target related to it may have a positive impact on the effectiveness of the land protection system. However, it is essential that the legal instruments are integrated and are of a binding character. The Polish legal system has reiterated the concept of indirect land take, and no national target in this respect has been adopted. This model is an example confirming the thesis that special and extensive legal regulations do not always guarantee that the protection measures are effective. Also, while it illustrates the importance of integrating individual legal regulations, it shows as well that the weaknesses of one of them (in Poland the inefficiency of spatial planning) cannot be compensated for by developed instruments in another area of law.

Beijing Convention and Beijing Protocol. Changes in the International and Legal Model for Combatting Aviation Terrorism

2020 ◽  
Vol 12 (2) ◽  
pp. 34-35
Author(s):  
Tomasz Aleksandrowicz
Keyword(s):  
United Nations ◽  
International Law ◽  
Legal System ◽  
International Criminal ◽  
Civil Aviation ◽  
Legal Regulations ◽  
Counter Terrorism ◽  
International Civil Aviation Organisation ◽  
Legal Model ◽  
International Legal System

The article deals with the issue of the Beijing reform of international criminal aviation law. The author analyses the relevant applicable international law and confronts it with the new legal regulations adopted at the International Civil Aviation Organisation (ICAO) conference in Beijing in 2010. As a result, the author states that the basic change involves the expansion of the catalogue of acts subject to criminalisation as well as the expansion of the circle of persons participating in or supporting actions involving the commission of acts that pose a threat to the safety of civil aviation; the system also specifies the responsibility of collective entities (the so-called ‘Al Qaeda’ clause). The author is deeply convinced that the development of the Tokyo-Hague-Montreal-Beijing system, which is part of the whole international legal system of combatting terrorism, including its financing, is fully justified. The new regulations also make this system more coherent. It is also worth adding that the adoption of the Beijing Convention and the Beijing Protocol is part of the implementation of the Global Counter-Terrorism Strategy adopted by the United Nations.

scholarly journals ANALYSIST OF CYBER ESPIONAGE IN INTERNATIONAL LAW AND INDONESIAN LAW

2019 ◽  
Vol 7 (3) ◽  
pp. 38-44
Author(s):  
Satria Unggul Wicaksana Prakasa ◽  
Noviandi Nur P.E.
Keyword(s):  
International Law ◽  
Legal System ◽  
Legal Regulation ◽  
Legal Issues ◽  
Legal Research ◽  
Conceptual Approach ◽  
Confidential Data ◽  
The World ◽  
Cyber Espionage ◽  
International Legal System

Purpose of Study: A conception of cyber espionage today is extremely vulnerable since the crime has evolved from conventional wiretapping into cyber-based spy activities. This issue becomes complicated when faced with the principle of sovereignty and how the challenge of countries around the world to respond in maintaining the honor, security, and peace of their own countries. The legal issues raised in this legal research are: (1) cyber espionage is one kind of cybercrime (2) Legal mechanisms to crack down on the international legal system and national law again Cyber espionage crime. Methodology: Research methods used statute approach and conceptual approach. Results: The result of this research showed that it could use computing devices and internet network by means of spies, destroying computer system in order to securely obtain state confidential data or by spreading internet virus which is sporadic to government-owned domains and corporation it is clear that cyber espionage id either part of the cybercrime. Implications/Applications: The lack of legal regulation, both international and national which directly refers to cyber espionage because they alluded to illegal access and illegal interception related only.

scholarly journals Counterterrorism meassures: application of international law and the law of the Russian Federation

2020 ◽  
pp. 79-90
Author(s):  
V. V. Aleshin
Keyword(s):  
International Law ◽  
Criminal Liability ◽  
Legal Framework ◽  
Legal Regulation ◽  
Negative Consequences ◽  
International Treaties ◽  
Interstate Cooperation ◽  
Counter Terrorism ◽  
Political Interests ◽  
The Usa

INTRODUCTION. Effective implementation of antiterrorist interstate cooperation is impossible without the creation of an appropriate legal framework. By concluding international treaties, States agree to accept obligations that define the scope of their activities in the areas of cooperation. Moreover, sometimes the necessity arises for emergency antiterrorist response which brings about the application of other than treaty mechanisms like bilateral and multilateral commitments. It seems necessary to pay attention to certain legal mechanisms provided by the UN anti-terrorist treaties, in particular, in the context of the situation in Syria, and some conceptual changes in Russian counter-terrorism legislation.MATERIALS AND METHODS. The article uses treaties, national legislation and doctrinal research. The authors rely on various methods to reach their conclusions, among which treaty interpretation is most frequently used.RESEARCH RESULTS. In the article the author shows different mechanisms and spheres of modern cooperation in counter-terrorism and their ineffectiveness owing to political interests of some states. Special attention is paid to legality of actions of the USA and allies in Syria and criminal liability of members of international terrorist organizations.DISCUSSION AND CONCLUSIONS. In this article the authors draw attention to disadvantages of international legal regulation of anti-terrorist cooperation. The article concludes that refusal of compliance with international law in the sphere of counter-terrorism brings about negative consequences for maintenance of international peace and security. 

Tourism as a Tool for the Fulfilment of the Rights to Rest and Leisure Enshrined in Article No. 24 of the Universal Declaration of Human Rights

2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Universal Declaration ◽  
Title V ◽  
Negative Consequences ◽  
Real Right ◽  
Right To Work ◽  
The Individual ◽  
The Right ◽  
Italian Constitution

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.

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