scholarly journals THE MAIN APPROACHES TO THE LEGAL REGULATION OF GENDER VERIFICATION IN SPORT: A COMPARATIVE ANALYSIS

Issues of Law ◽  
2020 ◽  
Vol 20 (3) ◽  
pp. 27-34
Author(s):  
M.A. Borodina ◽  
◽  
G.N. Suvorov ◽  
K.V. Mashkova ◽  
◽  
...  
Keyword(s):  
Gender Identity ◽  
Legal Status ◽  
Gender Diversity ◽  
Sports Participation ◽  
Legal Regulation ◽  
Active Involvement ◽  
Fair Competition ◽  
Key Indicators ◽  
Genetically Determined ◽  
Sports Activities

Genetically determined differences in height, musculature and a number of other physiological parameters lead to a significant advantage for men over female in kind of sports where the key indicators depend on strength, speed and endurance. All above suggest the need to maintain the practice of holding separate competitions for different genders. However, the practical solution to this issue seems not that obvious, taking into consideration persons with an indeterminate gender identity and transgender person. Analysis of the current legislation of a significant number of States has allowed to identify some approaches:1) ignoring not only the problem of participation in sports activities of persons with an indeterminate gender identity and transgender person, but also the issue of their special legal status in general (Greece, Israel, Ireland, Cyprus, Latvia, etc.); 2) recognizing gender diversity and solving the problems of persons with an indeterminate gender identity and transgender personfrom the position of general provisions of non-discrimination legislation without defining the specifics of sports activities (Belgium, France, Germany, Hungary); 3) recognition of gender diversity but with strive to limit the opportunities for transgender personfor participation in sports in order to ensure fair competition (Brazil); 4) recognition of gender diversity with consequent regulation of sports participation of persons with an indeterminate gender identity and transgender person(Australia, great Britain, Canada, USA). Demonstrating the last example two patterns can be revealed: a possibility of developing different, sometimes diametrically opposite approaches to solving this problem due to the Federal structure of States, and the active involvement of national sports federations in this process

Organizer of Scientific Activity as a Subject of Intellectual Rights

2020 ◽  
pp. 42-53
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Research Teams ◽  
Legal Structure ◽  
The Status ◽  
Scientific Results ◽  
Exclusive Right ◽  
Academic Search ◽  
Scientific Team

The author analyzes the legal status of the organizers of artistic creation, enshrined in the Russian legislation de lege lata, and develops the legal status of the organizer of scientific activities de lege ferenda. It is proposed to consider the organizer of scientific activity as only the head of the temporary scientific team, the purpose of which is to solve a specific scientific problem. A set of elements of the legal structure is formulated, which may be fixed in a normative manner in order to ensure uniformity of legal regulation of the activities of temporary research teams. The status of the organizer of scientific activity is determined on the base of his organizational efforts to guide the creative activities of the team (a distinction is made between the creative and organizational contribution of the head of the scientific team to the overall result). Various options for modeling the legal status of the organizer of scientific activities are discussed: inclusion of the organizer among the co-authors the scientific results obtained by the team; inclusion of the organizer among the co-authors in case if he / she has a creative idea (topic) of academic search; granting the organizer related intellectual rights to the entire result obtained by the team. It is presumed that the organizer of scientific activity is the author of the idea of scientific search for solving the task set for the temporary team. It is concluded that the organizer of scientific activity (the head of the temporary scientific team) must be endowed with related intellectual rights: 1) the exclusive right to use the scientific result obtained by the team as a whole, and 2) the personal non-property right to indicate his name in any use of this result. The author substantiates the content, non-turnover and special validity period of the exclusive right of the organizer of scientific activity.

Electronic Communication in the Paradigm of Interaction of State and Society

2020 ◽  
pp. 11-17
Keyword(s):  
Electronic Communication ◽  
Legal Regulation ◽  
Digital Environment ◽  
Active Involvement ◽  
Communication Law ◽  
State And Society ◽  
Legal Communication ◽  
The Republic ◽  
The Government ◽  
The Right

In recent decades, the phenomenon of mass electronic communication has been studied by various sciences. The right also turned out to be included in a similar discourse. Communication in the digital environment is the reason for the interaction of previously distant segments of society. In modern law, the concept of electronic communication remains in a certain sense debatable, it is often identified with legal communication. At the same time, electronic communication has an additional «dimension». The globalization of the information space encourages legal scholars to study electronic communication as the action and interaction of various actors, based on Internet technologies using web services, portals, blogs, websites, social networks. There is a need for re- levant legal regulation of the informational interaction between the authorities and society in the Republic of Belarus, in connection with which a new «field» is opening up for activities in various areas of law. The meaning of electronic communication is constantly expanding and, depending on the specialization, even varies. For an adequate understanding of electronic communication, law must take into account the tools of other humanities. In contact with the digital environment, legal science is called upon to reformat research tasks to explain the new empirical and theoretical experience associated with the transformation of the paradigm of interaction between the state and society in the network structures. The author comprehends these issues in relation to the conditions of development of e-government in the Republic of Belarus and the need for more active involvement of the public in the government.

Ethical boundaries of the legal regulation of conditions of carrying out genetic screening in prenatal diagnosis in Russia and abroad

2020 ◽  
Author(s):  
M.V. Medvedev , G.N. Suvorov , S.S. Zenin et all
Keyword(s):  
Prenatal Diagnosis ◽  
Great Britain ◽  
Legal System ◽  
Genetic Screening ◽  
Legal Status ◽  
Legal Regulation ◽  
Ethical Problems ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific

Objectives. The purpose of this study is to study the essence of ethical problems that arise in the field of genetic screening for prenatal diagnosis (PND) and determine possible ways to overcome them by legal means, taking into account the existing foreign experience. Materials and methods. Normative legal acts and doctrinal sources of Great Britain, Germany, Ireland, France and Switzerland are studied. Methods used: General philosophical, General scientific, private scientific, special (structural-legal, comparative-legal, formal-legal). Results. Ways to resolve ethical problems that arise or may arise in the future as a result of genetic screening for PND, which can be applied within the Russian legal system, are proposed. Conclusions. It is stated that most of the identified ethical problems are related to the lack of normative consolidation of the legal status of the fetus. It is presumed that the beginning of ethics should serve as the guide for legislation in this area. At the same time, it is emphasized that the legal regulation of genetic screening in PND should be flexible enough to optimally ensure the interests of all participants in these relationships. In addition, in this direction, it seems appropriate to refer to the experience of a number of foreign countries, whose legislation provides for fairly strict requirements in the field of PND.

scholarly journals Do individual cognitions mediate the association of socio-cultural and physical environmental factors with adolescent sports participation?

2010 ◽  
Vol 13 (10A) ◽  
pp. 1746-1754 ◽  
Author(s):  
Klazine van der Horst ◽  
Anke Oenema ◽  
Saskia J te Velde ◽  
Johannes Brug
Keyword(s):  
Environmental Factors ◽  
Leisure Time ◽  
Sports Participation ◽  
Cross Sectional Study ◽  
Cross Sectional ◽  
Family Routine ◽  
Social Environmental ◽  
Physical Environmental Factors ◽  
Sports Activities ◽  
At Home

AbstractObjectiveTo examine the associations of perceived physical environmental factors (availability of physical activity (PA) attributes at home, PA facilities in the neighbourhood, neighbourhood pleasantness and safety) and social environmental factors (parental sports behaviour and parental rule regarding sports participation) with adolescent leisure-time sports participation, and to explore whether the associations found were mediated by individual cognitions as derived from the theory of planned behaviour (TPB).DesignCross-sectional study.SettingIn schoolyear 2005/2006 adolescents from seventeen schools in Rotterdam, the Netherlands, completed a questionnaire during school hours that included self-reported measures of leisure-time sports participation, perceived physical environmental factors and TPB variables. Information about parental sports behaviour and parental rule was obtained from a questionnaire that was completed by one parent of the adolescents.SubjectsData were collected from 584 adolescent–parent combinations.ResultsData were analysed with multi-level logistic regression analyses. Availability of PA attributes at home (OR = 1·26), parents’ sports behaviour (OR = 2·03) and parental rule (OR = 1·64) were associated with a higher likelihood of adolescents’ leisure-time sports participation. These associations were partly mediated by attitude and intention.ConclusionsAdolescents were more likely to engage in leisure-time sports when PA attributes were available at home, when parents participated in sports activities and had a rule about their offspring participation in sports activities. These associations were partly mediated by attitude and intention. These results suggest that parents can importantly promote sports participation among their offspring by making sports activities accessible and a family routine.

Vicinity of Schools, But Not of Residences, Seems to Regulate Physical and Sports Activities of 13-Year-Old Teenagers in a South European Setting

2017 ◽  
Vol 14 (1) ◽  
pp. 67-75 ◽  
Author(s):  
Alexandre Magalhães ◽  
Elisabete Ramos ◽  
Maria Fátima Pina
Keyword(s):  
Physical Activity ◽  
Odds Ratio ◽  
Parental Education ◽  
Sports Participation ◽  
Green Spaces ◽  
Chi Square ◽  
Physically Active ◽  
Urban Green Spaces ◽  
Chi Square Test ◽  
Sports Activities

Background:Proximity to urban green spaces (UGS) and open sports spaces (OSS) benefits health, promotes physical activity (PA) and sports practice (SP).Objective:Analyze the association between PA or SP according to distances between UGS or OSS and teenagers’ residences or schools.Methods:We evaluated 1333 (53.9% girls) teenagers (13 years old) living and studying in Porto, Portugal (EPITeen cohort). PA was classified as light or moderate/vigorous. Distances were the shortest routes from residences or schools to UGS/OSS, and classified in ≤250 m; >250 m to ≤500 m; >500 m to ≤750 m; >750 m. Chi-square test and chi-square for trends were used to compare proportions; associations were measured using logistic regression, through odds ratio and 95% confidence intervals, adjusting to BMI and parental education.Results:Regarding vicinity’ of schools, the prevalence of moderate/vigorous PA among boys, decreases as distances to OSS increases. For girls, the prevalence of sports decreases as distances to UGS increase. For boys, we found an association between moderate/vigorous PA and proximity to OSS in the vicinity of schools: considering ≤250 m as reference, the odds of moderate/vigorous PA is 0.20 (0.06–0.63) for >250 m to ≤500 m; 0.21 (0.07–0.61) for >500 m to ≤750 m and 0.19 (0.06–0.58) for >750 m.Conclusion:Vicinities of schools seem to influence teenagers to be more physically active and increase sports participation.

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

PATENT PROTECTION OF SCIENTIFIC RESULTS AND ARTIFICIAL INTELLIGENCE: PROBLEMS AND CHALLENGES

2020 ◽  
pp. 36-43
Author(s):  
Daria Ponomareva ◽  
◽  
Alexander Barabashev ◽  
Keyword(s):  
Artificial Intelligence ◽  
Patent Protection ◽  
Legal Status ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Foreign Law ◽  
Scientific Results ◽  
Will Force ◽  
Definition Of ◽  
Artificial Intelligence Systems

This article is devoted to the legal problems associated with the provision of patent protection for the results of scientific activities created by artificial intelligence systems. The authors explore the approaches formulated by doctrine and practice in relation to objects created by robotic systems, computer technology and AI. The problem of the relationship between patent protection of the results of scientific (scientific and technical) activities and artificial intelligence systems is becoming more and more urgent. Modern AI systems are quite capable of creating inventions that are the result of the application (use) of the cognitive (thinking) abilities of a person, that is, such inventions can be patentable. There is no doubt that the increasingly active introduction of AI systems will force national legislators to reconsider the definition of the term “inventor.” In Russian legislation, the issue of patent protection of inventions created by AI is currently not resolved. The review of the state of legal regulation of patent protection of the results of scientific activity (first of all, inventions) created by AI systems, presented in the article, indicates the absence of clear rules both in Russian and foreign law (using the example of individual jurisdictions) regarding the determination of the legal status of this kind. objects and the person who has exclusive rights in relation to them. The use of already existing legal constructions by analogy, as well as the borrowing of foreign experience, can only temporarily solve the issue of patent protection of the results of scientific activity created with the help of AI.

Comparative analysis of normative legal acts on the execution of criminal penalties in the initial stage of the formation of the Russian state for the implementation of equality principle before the law

2021 ◽  
pp. 752-765
Author(s):  
Nikolai S. Kovalev
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Equal Rights ◽  
Scientific Methods ◽  
Soviet State ◽  
Labor Legislation ◽  
Initial Stage ◽  
Russian State ◽  
General Scientific ◽  
The Law

The object of the study is the implementation of equality principle before the law by fixing equal rights and obligations of prisoners in the normative legal acts of the Soviet state. The subject of research: provisions of normative legal acts of the Provisional Government, departmental normative acts of the People’s Commissariat of Justice of the RSFSR and People’s Commissariat for Internal Affairs of the RSFSR. As a methodological basis for cognition, general scientific methods of analysis, synthesis, induction, de-duction are used, which allow us to investigate aspects of legal reality directly related to the implementation of the principles of penal enforcement (correctional labor) legislation, to formulate reasonable conclusions. Private scientific methods: formal-legal and comparative-legal – allow us to identify differences in the legal regulation of the legal status of prisoners in the pre-war period. As a result of the conducted research, we make a reasonable conclusion that the principle of equality before the law, although it was not enshrined in specific norms regulating the procedure for the execution and serving of imprisonment, however, was manifested in the provisions regulating the legal status of persons deprived of liberty. The notions of equality before the law of both citizens in general and prisoners in particular were not the fundamental basis of the legislation of the Soviet State. Prisoners were differentiated on the basis of social affiliation, due to: 1) the principle of class approach proclaimed by the Constitution of the RSFSR; 2) the functioning of two systems of places of deprivation of liberty for prisoners with different social status; 3) regulating the execution (serving) of sentences in the form of deprivation of liberty by various regulatory legal acts.

UNITY AND DIFFERENTIATION OF LEGAL REGULATION OF LABOR RIGHTS OF EMPLOYEES OF THE PROSECUTOR'S OFFICE

2017 ◽  
Author(s):  
Leonid Mohilevskyi ◽  
◽  
Olha Sіevidova ◽  
Keyword(s):  
Legal Status ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Work Activity ◽  
Theoretical Approaches ◽  
Labor Legislation ◽  
Protection Of Human Rights ◽  
Definition Of

The Public Prosecutor's Office in Ukraine plays a major role in the protection of human rights and freedom, of general interests of the society and the country, and in the strengthening of law and order, thus facilitating the establishment and development of the democratic constitutional state. The effectiveness of performing the duties put onto the prosecution of Ukraine is directly dependent on the prosecutor's offices' employees that are empowered to fulfill their professional responsibilities. The legal status of an employee of a prosecutor's office is specified in the Law of Ukraine “On Public Prosecutor’s Office”. Although, some aspects of these employees' work activity are normalised in the general labor law. This expresses the principle of unity and differentiation of the legal regulation of prosecutor's office's employee's labor relations. This article researches theoretical approaches to the definition of the concepts "unity" and "differentiation". The unity of the legal regulation of labor relations is manifested in the legally established equality of all employees. Differentiation is not opposed to the principle of unity, but takes into account the characteristics of different categories of workers and working conditions to ensure equality. The relationship between the general labor law and the special law on the prosecutor's office regarding the adjustment of the labor rights of the employees of Ukraine's prosecutor's offices had been analysed. The key to effective legal regulation of labor rights of employees of the prosecutor's office of Ukraine is compliance with unity and differentiation. It had been determined that the differentiation of the legal regulation of prosecutor's office's employee's labor rights determines the mandatory and priority application of the special legislation norms. In turn, the unity of the legal regulation of prosecutor's office's employee's labor rights determines the subsidiary usage of labor legislation norms in cases of an employee's individual labor rights not being determined in the special law on Public Prosecutor's Office. Unification of labor law norms governing the labor activity of this category of workers will make it possible to achieve an optimal balance of unity and differentiation.

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