Legal Issues of Using Alternative Sources in Energy Sector: Implementation Methods and Challenges

2021 ◽  
Author(s):  
Liubov V. Zharova ◽  
Natalia V. Eremeeva ◽  
Aleksander Sapiński ◽  
Sabina Sanetra-Półgrabi
Keyword(s):  
Main Idea ◽  
Legal Regulation ◽  
Energy Sector ◽  
Economic Feasibility ◽  
Legal Issues ◽  
Secondary Sources ◽  
Model Of Management ◽  
Methodological Problems ◽  
Alternative Sources ◽  
Legal Mechanism

The paper focused on legal issues of using secondary sources in energy sector and implementation methods and challenges. The main idea of the proposed research is to substantiate the proposals and recommendations aimed at solving scientific and methodological problems of forming an effective economic and legal mechanism of secondary resource use based on a comprehensive approach to legal support for it. The paper underlined that secondary sources as an economic phenomenon occurs in conditions of growing demand for limited natural resources, including energy, increasing consumption, increasing the burden on the environment due to the accumulation of waste that cannot be recycled in natural conditions. The research stated that use of secondary resources is the basis of a circular economy, a new model of management based on the idea of green growth. Formulated prerequisites for involvement in economic circulation are the technological feasibility and economic feasibility of energy generation, which determined by the profitability of each type of production using secondary sources. The authors stressed that there is the urgent need to outline appropriate tools for legal regulation of outsourcing relations at the microeconomic level, the definition and essential characteristics of the most appropriate legal means in the mechanism of economic and legal regulation of outsourcing relations in the energy sector; economic and legal means that provide the optimization effect of outsourcing. Summarizing the research, the five steps methodology for assessing the implementation methods and challenges are formulated.

scholarly journals Topical Legal Issues of Competition Development in the Energy Sector of the European Union

2017 ◽  
pp. 113-118
Author(s):  
Иван Гудков ◽  
Ivan Gudkov
Keyword(s):  
Legal Regulation ◽  
Energy Sector ◽  
Legal Issues ◽  
General Interest ◽  
The European Union ◽  
Eu Member States ◽  
Competition Rules ◽  
Energy Relations ◽  
Energy Law ◽  
The Eu

This article is devoted to analysis of some topical legal issues of competition development in the EU energy sector. It addressed the sources of competitive legal regulation of energy relations in the EU, the trends of the realization of general and specific competition rules in the context of energy relations, the issues of some exceptions in the context of the competition law regime of the EU and features of application of EU competition rules to import and export energy relations. Present work proves the following theses: 1) liberalization of the EU energy market through the progressive strengthening and expansion of the regulation concerned; 2) development of special secondary EU energy law has an impact on the practice of application of the general antitrust provisions of primary EU law; 3) the regime established by the special EU secondary energy law makes more harder the process of invest in a new energy infrastructure, and this fact demonstrates the need for exceptions in respect of new major infrastructure projects, but such rules of exceptions leave too much space for the subjective discretion of law enforcement agencies and consequently pose a risk of uneven and inconsistent practices; 4) the necessary investments in a new EU infrastructure require not only some exceptions at the level of EU Member States but also introduce compulsory network planning and EU-level support for projects of “general interest”; 5) in the framework of the Energy Union Strategy it can be seen the EU’s desire to disseminate internal rules on import-export relations, but in relations with third countries not intending to join the EU, this desire has an objective political and legal constraints limits which are leading, inter alia, from the doctrine of “international comity”, “state actions” and “state coercion”.

PROSPECTS FOR THE DEVELOPMENT OF THE LEGAL MECHANISM FOR THE FUNCTIONING OF PAYMENT SYSTEMS

2020 ◽  
Vol 13 (3) ◽  
pp. 079-084
Author(s):  
ELIZAVETA SALINA ◽  
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Payment System ◽  
State University ◽  
Payment Systems ◽  
Proper Functioning ◽  
Money Transfer ◽  
Level Of Significance ◽  
Transfer Services ◽  
Legal Mechanism

1 Lomonosov Moscow State University, Moscow, Russia The presented research reveals an approach to the construction of a legal mechanism for the functioning of payment systems. The proposed approach is based on the application of the principles of legal regulation. The purpose of a work is to determine the existing legal mechanism for the functioning of payment systems, identify its drawbacks and propose a new approach to legal regulation to ensure the proper functioning of payment systems. The proposed approach to legal regulation takes into account the specifics of the functioning of payment systems, which consists in the presence of three elements in its activities: institutional, procedural and organizational. These elements reflect the subject structure of the payment system, the process of providing money transfer services by them, and the ways in which payment system entities interact during providing payment services. Each of the elements must be defined within the legal framework of the payment system to ensure its proper functioning. The proposed principles of legal regulation take into account the features of these elements, in particular, the principles are classified into three groups, depending on the element they affect. The paper describes ways to implement the principles in the legal mechanism: the possibility of their direct application, depending on the type of significance of the payment system, is analyzed. It is also concluded that the implementation of the principles in the legal mechanism will reduce the regulatory burden on payment systems by using an approach depending on the level of significance of the payment system. The paper defines the role of the principles, which is that the principles allow to eliminate the legal gaps in the legislation on the national payment system, and prevent the emergence of new gaps.

Some Issues in the Work of Probation Inspectorates Related to the Execution of Sentences in the Form of Correctional Labor

2021 ◽  
Vol 15 (1) ◽  
pp. 185-193
Author(s):  
LEONID N. TARABUEV
Keyword(s):  
Current Practice ◽  
Legal Regulation ◽  
Expert Assessment ◽  
Work Related ◽  
Legal Method ◽  
Knowledge Questionnaire ◽  
Regional State ◽  
Tax Benefits ◽  
Legal Mechanism ◽  
Official Data

Introduction: we usethe analysis of official data and the results of our own research to identifymajor issues in the work ofprobation inspectorates aimed at executing penalties in the form of correctional labor. Aim: taking into account current practice of execution of punishment in the form of correctional labor, we formulate some organizational and legal proposals for supporting the activities of probation inspetorates, aimed at improving the effectiveness of execution of this type of punishment. Methods: generalization, comparison, dialectical-materialistic theory of knowledge, questionnaire survey, expert assessment, statistical analysis, comparative-legal method. Results: our proposals for changing the current legislation will help to enhance the performance of probation inspectoratesin their work related to the execution of sentences in the form of correctional labor as a real and in-demand alternative to incarceration. Conclusions: main reasons for insufficient labor involvement of convicts sentenced to correctional worksare as follows: probation inspectorates and territorial bodies of the Federal Penitentiary Service of Russia do not conduct effective preliminary work that wouldhelp to create favorableworkingconditions for the convicts in this category; cooperation of probation inspectorates with municipal authorities at various levels and with regional state authorities is at a low level; as a result, convicts cannot be brought to work in full; there is no legal mechanism to encourage employers to provide jobs to convicts; regional state authorities have yet to introduce appropriate changes to regional legislation so as to reduce the tax on profits of enterprises and organizations that provide jobs for those sentenced to correctional labor; probation inspectorates staff lack initiative with regard to employment quotas in institutions where prisoners work; the personality of a convicted person who is prone to committing crimes and other offenses has not been studied thoroughly. It is obvious that there is a need to develop a mechanism for legal regulation of the functioning of probation inspectorates in the field of execution of sentences in the form of correctional labor. Keywords: probation inspectorate; correctional labor; convict; engagement in labor; quotas; tax benefits; interaction.

The Term «Computer Game»: The Experience of an Interdisciplinary Analysis

2021 ◽  
Author(s):  
A.A. Vasiliev ◽  
◽  
Yu.V. Pechatnova ◽  
Keyword(s):  
Video Game ◽  
Computer Games ◽  
Social Evolution ◽  
Computer Game ◽  
Interdisciplinary Approach ◽  
Legal Regulation ◽  
Economic Feasibility ◽  
Point Of View ◽  
Legal Analysis ◽  
New Variety

The article is devoted to a comprehensive interdisciplinary study of the term «game» and its relatively new variety – computer game. The need to use an interdisciplinary approach to the study of the term is explained by the versatility and multi-aspect nature of the phenomenon under study. The article reveals the meaning of the concept «game» in the philosophical, aesthetic, historical, cultural, linguistic, psychological, technological and legal dimensions. The research methodology includes historical, systematic methods, as well as the method of formal legal analysis. The author emphasizes the influence of the development of forms of game activity on the development of social evolution, as well as the interaction of the game and the achievements of scientific and technological progress. The relevance of studying the term «computer game» lies in the fact that computer games have become the most popular type of gaming activity and the most profitable commercial product on the modern market. In this regard, terminological certainty is necessary due to the economic feasibility and effective legal regulation of the development, implementation and use of computer games. The authors propose to identify the main features of the concept «game», in general, and the specific features of the term «computer game», in particular. Based on the set of features, the author's definition of the concept «computer game» is proposed. In order to distinguish the studied concept from related categories, the analysis of the terms «electronic game» and «video game» is carried out. In conclusion, the authors assess the approaches to the legal regulation of computer games from the point of view of domestic legislation. As a result of the analysis of the possibility of attributing a computer game to a variety of programs for electronic computers or a variety of multimedia products, the choice was made in favor of the latter. Thus, at present, in order to solve legal problems related to the development and use of a computer game, the authors propose the application of the law analogy.

scholarly journals International Legal Regulation of Military Outer Space Activities

2012 ◽  
pp. 190-197
Author(s):  
A. I. Antonov
Keyword(s):  
Outer Space ◽  
Legal Regulation ◽  
Legal Issues ◽  
Arms Race ◽  
International Level ◽  
Legal Basis ◽  
Legal Provisions ◽  
Space Activities

The publication is devoted to legal issues and prospects of banning weapons in outer space. The international legal basis currently existing in this field governs only certain aspects of use of outer space for military purposes, and it is obviously not enough to prevent the emergence of weapons in outer space. Attempts on the international level in recent years to put legal provisions in place that would establish barriers to an arms race in outer space so far have not been successful. The time is ripe to implement initiatives contributing to the institutionalization of verification activities on non-weaponization of outer space

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 The mechanism of regulatory sandboxes for introducing digital innovations: the practice of implementing experimental legal regimes at national and supranational levels

2020 ◽  
Vol 15 (4) ◽  
pp. 130-138
Author(s):  
E. B. Zavyalova ◽  
D. D. Krykanov ◽  
K. A. Patrunina
Keyword(s):  
Economic Development ◽  
Descriptive Analysis ◽  
Legal Regulation ◽  
Digital Economy ◽  
Successful Implementation ◽  
Economic Activities ◽  
Digital Development ◽  
Effective Instrument ◽  
Pass Through ◽  
Legal Mechanism

Introduction. The legal mechanism of regulatory sandboxes is implemented in a number of countries to foster the development of the digital economy. Regulatory sandboxes act as a legal mechanism that allows introducing a special legal regime for new products and services and conducting experiments (with certain restrictions) with their practical usage without violating the national law. The national program “The Digital Economy of the Russian Federation” sets the goal of the development of digital innovations and the corresponding legal regulation. The implementation of transnational strategies of digital development for the EAEU, the CIS, BRICS is considered as a new challenge to the common economic development.Materials and methods. The research is based on the national and international legal acts as well as on national and international strategies of economic development. Among the methods used are comparison, generalization, qualitative and descriptive analysis and case-study method.Results. The study has identified the main forms of regulatory experiments that are implemented in the modern practice of public regulation. The paper proves that the various forms of regulatory experiments (including regulatory sandboxes) are an effective instrument of regulation of the digital innovations. The authors have found the main pass through technologies that are the object of experimental regulation in international practice. The paper sets the criteria for a successful implementation of the concept of supranational regulatory sandboxes that are implemented in several jurisdictions simultaneously.Discussion and conclusion. The study described the main patterns of implementation of regulatory sandboxes for digital innovations; the main characteristics of the regulatory sandboxes’ design were revealed; the general economic activities that can be enhanced by the instrument of regulatory sandboxes for digital innovations were defined.

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 PARADIGM OF ECONOMIC ENERGY SECURITY BY ORIENTATION ON RENEWABLE ENERGY SOURCES

2020 ◽  
pp. 114-125
Author(s):  
Tetyana DERKACH ◽  
Denys CHEBANENKO
Keyword(s):  
Renewable Energy ◽  
National Economy ◽  
Energy Security ◽  
Renewable Energy Sources ◽  
Energy Sector ◽  
Economic Feasibility ◽  
Energy Sources ◽  
Energy Prices ◽  
Equal Distribution ◽  
The Impact

Introduction. The topic of renewable energy today is one of the most relevant and requires consideration from the point of view of all components of this process, namely economic, financial, environmental, technological, and others. The transition to renewable energy is already irreversible today since natural resources are depleted, fuel prices are the subject to significant fluctuations, and the stable growth of the national economy is ensured by energy security. The purpose. The purpose of the article is to analyze the volume of global energy consumption, to analyze the impact of the introduction of renewable energy sources on the development of the national economy, to ensure energy security with the depletion of hydrocarbon resources and a slight diversification of their suppliers. Results. Today the Ukrainian economy is the most energy-intensive. Unstable energy prices are a threat both to the global economy and to each country separately. Therefore, in the event of a decrease in the supply of traditional energy resources, the importing countries experience the greatest difficulties. The existing tendency in Ukraine to increase the consumption of traditional energy sources, combined with the absence of a targeted policy aimed at reducing the volume of environmental pollution, will lead to an increase in negative economic consequences. The advantage of renewable energy sources is their equal distribution throughout the country (with the exception of water resources). This feature leads to the formation of one of the main characteristics of power systems based on renewable energy sources, namely, their decentralization. It should be borne in mind that the world energy market is made up of state and non-state participants. Non-state participants are showing an upward trend. However, the state should have the greatest influence on the national energy sector. Renewable energy is an area that, in the Ukrainian context, depends on state support, namely economic and administrative incentives. The dynamics of the development of renewable energy should be combined with the balanced development of the fuel and energy sector in Ukraine. Conclusions. The process of development and transition to renewable energy needs a systematic approach. Both qualitative and quantitative approaches are needed to assess the transition to renewable energy. An effective strategy for the transition to the introduction of renewable energy technologies should be justified by economic feasibility. The transition from traditional energy to renewable sources should lead to energy security, which contributes to stable economic growth, political independence, and improving the quality of the environmental component.

scholarly journals Nehemiah Fundraising Strategy: A Model for the Ghanaian Church

2021 ◽  
pp. 30-36
Author(s):  
Iddrissu A. Shaibu
Keyword(s):  
Religious Practices ◽  
Traditional System ◽  
Secondary Sources ◽  
Fundraising Strategies ◽  
Sustainable System ◽  
Alternative Sources ◽  
The Church

Even though fundraising has been part of the religious practices of the Church since its inception, its development over the centuries has led to the adoption of several fundraising strategies, which has led to overdependence on the congregation as the main source of funding. This situation has created fatigue in giving among a section of the congregation and its attendant complaints. Consequently, calls have been made for the Church in Ghana to wean itself from the traditional sources of generating funds and look for alternative sources of funding its activities. It is against this backdrop that this paper provides an alternative mean that the Church can use to wean itself from the traditional system of generating funds and thus be receptive to a more sustainable system of funds generation, which is the Nehemiah fundraising model. This research was done through primary and secondary sources and it became known that the adoption of Nehemiah’s fundraising model must be guided by certain principles. The application of Nehemiah’s model would aid the Church not only generate funds to meet its ever-increasing demands, but it would also reduce, to some extent, the Church’s dependence syndrome on the traditional system. Keywords: Fundraising, Model, Traditional Fundraising system, Church and Strategies

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