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.

scholarly journals GAPS IN THE LAW AND WAYS TO FILL THEM

2020 ◽  
Vol 30 (3) ◽  
pp. 396-405
Author(s):  
P.V. Lushnikov
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Negative Consequences ◽  
First Case ◽  
The Law ◽  
False Idea ◽  
Law Making ◽  
Made In ◽  
Communicative Processes

The article deals with the issues of gaps in law, it is stated that at present the problem of gaps is caused by the development of public relations. The negative consequences of gaps and their causes are determined. Several classifications of gaps that are made in science are considered. It is concluded that the deliberate creation of gaps by the subjects of law-making can be a corruption-induced factor. The classification of gaps depending on the truth (real and imaginary) is analyzed in detail. It is concluded that under the imaginary spaces can occur, both the addressees and the addressees of legal messages. In the first case, the addressees due to lack of necessary knowledge may have a false idea about the lack of legal regulation. When considering the second option, there is agreement with the scientific position that the addressees may, for subjective reasons, try to resolve gaps in the law, which do not really exist, thereby giving rise to excessive legitimization or real gaps. The article considers the options of filling the gaps in the law proposed in science. Further, it is proposed to apply to this problem the provisions of hermeneutics. The possibility of applying hermeneutic methodology to eliminate gaps is substantiated. It is concluded that preliminary modeling of communicative processes in the course of law-making can be used as a measure to counteract the gap in laws. The author suggests the need to limit the "arbitrariness of the reader" in the process of applying the analogy of law and law, as well as in the process of forming a legal precedent.

scholarly journals The Development of the Russian Legal System after the “Accession” of the Republic of Crimea to the Russian Federation

2017 ◽  
Vol 7 ◽  
pp. 175-197
Author(s):  
Natalia Cwicinskaja
Keyword(s):  
Russian Federation ◽  
Legal System ◽  
Transition Period ◽  
Legal Regulations ◽  
Federal Subject ◽  
The Russian Federation ◽  
Russian Law ◽  
The Law ◽  
The Republic

On March 18 2014, the Republic of Crimea became a federal subject of the Russian Federation and the Ukrainian legal system was changed to the Russian system. The transition period was set to end on January 1 2015. This transition period was characterized by the fact that the law was created on a day-to-day basis, and as the residents of Crimea were unfamiliar with Russian law they found themselves in a legal vacuum. Laws were adopted in an urgent manner to ensure that the unification was as smooth as possible. In practice it became apparent that the allocated time was not sufficient, and the transition period was extended in some areas. The Article presents a review of the accession procedure and the legal regulations established in the Republic of Crimea during the transition period, and identifies some issues which have arisen.

The Expanding, Lop-Sided Universe of Social Influence and Law Research

2016 ◽  
Author(s):  
Linda Demaine ◽  
Robert Cialdini
Keyword(s):  
Social Influence ◽  
Legal System ◽  
Psychological Research ◽  
Legal Regulation ◽  
Uneven Distribution ◽  
Everyday Lives ◽  
The Social ◽  
System 2 ◽  
The Law ◽  
The Many

This chapter explores “social influence and the law,” which we conceptualize as consisting of three parts: (1) social influence in the legal system, (2) the legal regulation of social influence in our everyday lives, and (3) law as an instrument of social influence. Within each part, we identify the primary topics that psychologists have studied empirically and review the existing research. The chapter thus highlights the many and varied contributions of psychologists related to social influence and the law. The chapter also reveals a marked imbalance in the social influence and law literature—the vast majority of psychological research falls within the first part, despite the fact that the second and third parts capture equally or more important topics from both legal and psychological viewpoints. We end the chapter by explaining this uneven distribution of effort and urging psychologists to take a broader approach to social influence and the law.

Odpowiedzialność dyscyplinarna nauczycieli akademickich

2019 ◽  
Vol 78 ◽  
pp. 497-516
Author(s):  
Krzysztof Wiliński ◽  
Aleksandra Szatkowska
Keyword(s):  
Higher Education ◽  
Legal System ◽  
Academic Staff ◽  
Legal Regulations ◽  
The Law ◽  
Academic Teachers

The purpose of this article is to analyze legal regulations pertaining to disciplinary liability of academic staff in Poland. It is composed of two integral parts: first, it describes questions connected with the basics of disciplinary liability of academic staff, including premise of liability and penalty and second, it centers around notions of legal system and disciplinary litigations initiated by university disciplinary committees for academic staff. Due to the vastness of the topic, this paper is confined to proceedings conducted by the authority of first instance exclusively. It also analyses disciplinary proceedings of academic teachers in a draft law amending the Law on Higher Education.

scholarly journals Revocation of will and judicial proceedings for declaring a will ineffective under the Law on Inheritance of Serbia with reference to other contemporary European legal systems

2021 ◽  
Vol 55 (1) ◽  
pp. 143-160
Author(s):  
Jelena Vidić-Trninić
Keyword(s):  
Legal Regulation ◽  
Court Decision ◽  
Legal Systems ◽  
Inheritance Law ◽  
Judicial Proceedings ◽  
The Will ◽  
The Law ◽  
The Right ◽  
Domestic Regulation ◽  
Made In

In Serbian law, a valid will can be revoked based on the will of the testator, more precisely through the revocation of the will or based on a court decision. This paper analyzes the solutions of the Law on Inheritance of Serbia, dedicated to the mentioned ways of revoking a last will, and at the same time examines the legal regulation of that issue in other legal systems in Europe. The author finds that in the realization of the right to revoke a will, the legislation of Serbia undoubtedly affirms the freedom of will, and that in that respect, it is in principle harmonized with the legal solutions observed on European legal soil. In the aspect of the purpose for which it is prescribed, a special advantage of domestic regulation is the possibility of declaring a will ineffective through a court decision. The author further considers that certain solutions that can be found in comparative law, such as the possibility to invalidate testamentary dispositions made in favour of former spouse, could be accepted in Serbian inheritance law as well. Finally, according to the author, some existing legal solutions dedicated to the revocation of wills, need to be specified and completed de lege ferenda, in order to achieve legal certainty.

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 A MEDICAL ERROR: DOES LAW HELP OR HINDER

2019 ◽  
Vol 72 (4) ◽  
pp. 697-701
Author(s):  
Nataliia V. Nikitchenko ◽  
Andrii M. Khankevych ◽  
Dmytro V. Slynko ◽  
Tetiana I. Savchuk ◽  
Viktor V. Lazariev
Keyword(s):  
Health Care ◽  
Health Care Quality ◽  
Legal Regulation ◽  
Care Quality ◽  
Synthesis Methods ◽  
The European Union ◽  
Protection Measures ◽  
Patients Rights ◽  
Legal Method ◽  
The Law

Introduction: Health systems and health policies across the European Union are becoming more and more interconnected and also more complex. This increased interconnection raises many health policy issues, including health care quality. Mistakes in medical care can occur anywhere in the health care system – at hospitals, doctor’s offices, nursing homes, pharmacies, or patients’ homes - and in any part of the treatment process involving wrong medication, improper treatment, or incorrect or delayed test results. The aim of the article is to develop adequate theoretical and scientific-practical proposals for the modernization of the legal regulation to protect patients’ rights aimed at observance of constitutional rights and freedoms. Materials and methods: In order to obtain the results the analysis of medical, labor and civil law norms are investigated. The article uses analysis and synthesis methods, as well as a comparative legal method. Review: A number of proposals are given for improving legislation in the area of eliminating obstacles to provision of qualitative primary care / medical-preventive care, prevention of formal attitude towards the patient, the implementation of preventive protection measures which should notify in advance about the violation of the law in the medical sphere. Conclusions: Ukraine urgently needs a legal mechanism to protect the rights of patients; it will become a systemic phenomenon and will consist of legal means, forms, ways by which the restoration of violated patients’ rights is provided, the support of protected interests by the law is maintained, legal disputes are resolved and other obstacles to realization of patients’ rights are overcome.

scholarly journals Os Reflexos do Novo Código de Processo Civil na Exceção de Pré-Executividade em Matéria Tributária

2021 ◽  
Vol 21 (2) ◽  
pp. 114-125
Author(s):  
Mickael Ferreira Alves
Keyword(s):  
Legal System ◽  
Academic Work ◽  
Civil Procedure ◽  
Tax Credits ◽  
Tax Enforcement ◽  
The Face ◽  
The Law

ResumoCom a publicação no ano de 2015 do Novo Código de Processo Civil serão analisados ao longo deste trabalho acadêmico seus reflexos no instituto da exceção de pré-executividade em matéria tributária. Sabe-se que ela é um importante incidente processual de defesa que o ordenamento jurídico do Brasil permite que seja manuseada quando determinada pessoa está sendo executada em face de uma cobrança equivocada quando existe uma Certidão de Dívida Ativa. Também serão analisadas algumas questões pontuais da execução fiscal que sofreram impactos devido a nova legislação processual civil, uma vez que esta é fonte complementar ou até mesmo pode ser invocada como norma principal para os procedimentos administrativos tributários. E por último serão debatidos aspectos relacionados a diferenciação entre a exceção de pré-executividade e os embargos, em que em ambas as situações estão sendo discutidos créditos tributários, em virtude das inúmeras ações tributárias movidas diariamente, inclusive em sede de execuções fiscais conforme disposições na Lei nº 6.830/1980. Palavras-chave: Novo Código de Processo Civil. Exceção de Pré-Executividade. Execução Fiscal. Embargos. AbstractWith the publication in 2015 of the New Code of Civil Procedure, its reflexes in the institute of the exception of pre-execution in tax matters will be analyzed throughout this academic work. It is known that it is an important procedural defense incident that the Brazilian legal system allows it to be handled when a certain person is being executed in the face of a mistaken collection when there is an Active Debt Certificate. Some specific issues of tax enforcement that have been impacted by the new civil procedural legislation will also be analyzed, since this is a complementary source or may even be invoked as the main rule for administrative tax procedures. Finally, aspects related to the differentiation between the pre-execution exception and the embargoes will be discussed, in which in both situations tax credits are being discussed, due to the numerous tax lawsuits filed daily, including in the case of tax foreclosures as provided in the Law No. 6,830 / 1980. Keywords: New Code of Civil Procedure. Pre-execution exception. Tax Enforcement. Embargoes.

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 Genesis of regulation of special forfeiture in Ukraine

2021 ◽  
pp. 18-23
Author(s):  
Vadym SAMOILOV
Keyword(s):  
Law Enforcement ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
Special Part ◽  
General Part ◽  
The Law ◽  
Second Period ◽  
Current Stage ◽  
Made In

Introduction. This paper analyzes the development of norms on the implementation of special forfeiture in Ukraine since its independence. The purpose of the paper is determining the main periods of development of legal regulation of special forfeiture in Ukraine and highlighting the main features of each period. Results. According to the criterion of development of features of structural placement of norms on special forfeiture in the Criminal Code of Ukraine, three main periods of regulation of the specified measure of criminal character are allocated. The main features of the first period of regulation of special forfeiture, which is the regulation of the implementation of the specified measure of criminal nature at the level of norms of the Special Parts of the Criminal Codes of Ukraine of 1960 and 2001, are characterized. The main problems concerning the law enforcement of the rules on special forfeiture, which arose in connection with the legislative approach to special forfeiture at this stage, are described. The peculiarities of the second period of development of regulation of special forfeiture are described, during which the latter was carried out at the level of both the General Part of the Criminal Code and its Special Part. The conflicts between the provisions of the General and Special Parts of the Criminal Code regarding special forfeiture that arose at this stage are described, as well as some inconsistent legislative steps to amend the provisions of the law on criminal liability relating to special forfeiture. The main features of the current stage of legal regulation of special forfeiture are described. The problems of making changes to the legislation related to the adoption of laws that do not take into account the peculiarities of the development of legal regulation of special forfeiture are described. Conclusion. Relevant conclusions have been made, in particular, that special forfeiture, contrary to stereotypical views, is not a fundamentally new (implemented over the last decade) measure of a criminal nature in the criminal law of Ukraine. The stages of development of norms on special forfeiture are singled out. The chronological boundaries of each of the stages are set.

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