Energy and Law. A Critical Approach to the Cuban Context

Global Jurist ◽  
2021 ◽  
Vol 0 (0) ◽  
Author(s):  
José Grabiel Luis Cordova ◽  
Ailín Dueñas Rodríguez ◽  
Koen Byttebier ◽  
Yanelys Delgado Triana
Keyword(s):  
Sustainable Development ◽  
Theoretical Analysis ◽  
Legal System ◽  
Critical Analysis ◽  
Legal Framework ◽  
Legal Regulation ◽  
Critical Approach ◽  
Starting Point ◽  
Legal Nature ◽  
Current Energy

Abstract This research is aimed at studying the main deficiencies of the legal framework for energy in Cuba. Throughout this article, theoretical, legal and practical foundations are sought that make it possible to demonstrate the need for a legal system that is adapted to the Cuban reality and that regulates the most important elements related to the generation, distribution and commercialisation of energy. The theoretical analysis finds its starting point in the analysis of the energy as an object of legal regulation and its legal nature is dealt with. This constitutes a platform for the study of the energy legal framework in Cuba, where topics such as the current energy situation in Cuba, its commitment to sustainable development and the main institutions that govern energy in the country are presented. Finally, the article presents a comprehensive and critical analysis regarding the main deficiencies of energy legal regulation in Cuba. The exhaustive analysis of energy legislation in this area will make it possible to address the objectives set out at the beginning of the research.

scholarly journals Industrial and scientific-technological integration of the EAEU member-states in the area of remote sensing of the Earth: legal and program framework

2021 ◽  
pp. 1-42
Author(s):  
Mark Vladimirovich Shugurov
Keyword(s):  
Remote Sensing ◽  
Legal Framework ◽  
Legal Regulation ◽  
Successful Implementation ◽  
Member States ◽  
Strategic Integration ◽  
Leading Role ◽  
The Earth ◽  
Legal Nature ◽  
Legal Model

The subject of this research is the legal framework for scientific-technological and industrial cooperation of the EAEU member-states in the area of remote sensing of the Earth, reflected in the provisions of international agreements and acts of the Union bodies. Emphasis is placed on the analysis of the legal nature of the EAEU transnational program for the creation of an integrated remote sensing system, characterized by the author as a promising organizational legal instrument for cooperation and integration. Special attention is given to the factors of its successful implementation. The research is conducted in the context of theoretical and practical aspects of strategic integration of the EAEU in the space sector. The novelty consists in substantiation of the fact that in the conditions of specific state of legal regulation of cooperation of the EAEU member-states in the space sector, the leading role in the mid-term perspective would be played by program control. In turn, it would contribute to the systematic development of general, as well as special legal framework for cooperation in the space sector. The author’s main contribution consists in pursuing correlation between the system of legal and program framework for cooperation in the area of remote sensing of the Earth and the legal model of EAEU, as well as the legal model of scientific-technological and industrial integration.

scholarly journals LEGAL NATURE OF THE TERM OF PRECIOUS STONES IN FORENSIC EXAMINATION: PROBLEMS AND WAYS FOR THEIR RESOLUTION

2020 ◽  
Vol 22 (2) ◽  
Author(s):  
P. Baranov ◽  
R. Kirin ◽  
S. Shevchenko
Keyword(s):  
Forensic Science ◽  
Practical Interest ◽  
Legal Framework ◽  
Legal Regulation ◽  
Rights Protection ◽  
Forensic Examination ◽  
Legal Nature ◽  
Regulation Of Activity ◽  
And Control ◽  
Precious Stones

The article addresses general issues of applying the regulatory adopted term “precious stones” regarding forensic examination practice in Ukraine, including in the field of subsurface resources management and gemological evaluation of jewelery. It is shown that domestic legal framework requires to introduce a separate law on gemstones circulation taking into account general principles of property valuation and consumer rights protection. The Article Purpose is to formulate an author’s contribution to the analysis of problems connected with disclosure of gemstones legal nature in the field of forensic science and the development of proposals for their possible overcoming. The necessity in special legal regulation of activity on mining, production, use, storage of gemstones and manufactures thereof, forensic examination and control over operations with it, is defined by intensity of its circulation as well as by the character of legal objects: their rarity in nature, high cost, easy falsification, and, consequently, by increased attention from fraudsters and criminals. The current situation demands to adopt corresponding regulatory measures aimed at ensuring valuables economic use, protecting gemstone consumers from fraud, preventing the use of valuables while legalizing acquired illegally funds. According to the authors, the article outlines three components of which legal nature of a stone is formed in forensic science: 1) the meaning content in which the term “precious stones” is used in gemological legislation; 2) criteria which are the basis of gemstones classification; 3) unambiguity and clarity of definitions associated with gemstones in forensic legislation. The term “gemstones” in forensic science has subsidiary meaning, since in this case the stone cost should possess a dominant meaning as an object of forensic gemological analysis. Existing gemological classifications are not of modern scientific and practical interest, as the lack of a gemstone cost indicator makes them declarative in terms of forensic science. Forensic gemological analysis should be guided by the requirements of gemological, forensic and procedural branches of legislation, and precious stones acting as its object should be considered as property (goods) which is characterized by specific signs of a physical, economic and legal nature as well as an identifier.

scholarly journals New challenges in the problem of combating human trafficking in Ukraine

2021 ◽  
Vol 10 (44) ◽  
pp. 28-37
Author(s):  
Larysa Danylchuk ◽  
Danylo Yosyfovych ◽  
Yaroslav Kohut ◽  
Yuliia Todortseva ◽  
Petro Kozyra
Keyword(s):  
Theoretical Analysis ◽  
Human Trafficking ◽  
Empirical Analysis ◽  
Genetic Material ◽  
Legal Framework ◽  
Legal Regulation ◽  
Human Beings ◽  
New Challenges ◽  
Trafficking In Human Beings ◽  
Scientific Fields

The article presents the author’s results of theoretical and empirical analyzes of challenges in combating human trafficking in Ukraine. Theoretical analysis showed that human trafficking is an interdisciplinary problem and is represented by a number of studies by scientists in various scientific fields in the domestic and foreign scientific space. It has been established that currently there is no research on new challenges in combating human trafficking in Ukraine. Empirical analysis of new challenges in combating trafficking in human beings in Ukraine was carried out through the implementation of a polygon study and interpretation of the results. The obtained data outline new challenges in the problem of combating human trafficking in Ukraine, such as: use for selfish purposes, forced donation, trade in biological/genetic material, reproductive programs/surrogacy. The results suggest that the new challenges in combating human trafficking in Ukraine are a real platform for transnational crime. It was stated that such circumstances require strengthening of international cooperation in combating transnational human trafficking, legal regulation and improving the domestic legal framework with systematic and full informing of Ukrainian people about consequences and new challenges in combating human trafficking.

scholarly journals The Securing a Claim in the Context of Sustainable Development: An Evaluation of the Latvian Experience

2021 ◽  
Vol 10 (4) ◽  
pp. 281
Author(s):  
Andrejs Gvozdevičs
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Legal Framework ◽  
Legal Regulation ◽  
Theory And Practice ◽  
The Sustainable Development ◽  
Legal Norms ◽  
Inductive Methods ◽  
Protection Of Human Rights ◽  
The Right

Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms provides for the right of everyone to a fair and public hearing by an independent and impartial tribunal established by law. An important guarantee, such as the enforcement of a court judgment, is also enshrined in human rights theory and practice, as unenforced judgments pose a threat to legal stability, which is one of the fundamental basis for the sustainable development of society. The institute of law of the securing a claim serves in cases where execution of the future judgment may be impossible or made substantially more difficult. The aim of the research is to study the legal framework, which determines the regulations of the securing a claim in Latvia in order to make proposals for enhancement of the legal framework. The research deployed descriptive, analytical and deductive-inductive methods as well as the methods of interpretation of legal norms. Using these methods, legal acts, views of legal scientists and case law were reviewed and analyzed, and subsequently conclusions and recommendations were made. Analyzing the development of the securing a claim it can be admitted that this institute of law in Latvia has problems as the application of the securing a claim in court practice within the framework of limited adversarial and dispositivity principles, as well as shortcomings in the theoretical foundations of the securing a claim which are based on the findings of legal scientists of the last century. As a result of the research, the author drew the conclusions, that Latvia does not make sufficient use of the long-standing successful procedural solutions for securing a claim in others states, such as court mortgages, bank guarantee or mortgage of the plaintiff to secure the defendant's losses, defendant's protection letter to protect against unjustified securing a claim, a possibility to secure a claims which are not financial in nature and many more that can make legal regulation of the securing a claim more modern and effective.

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.

scholarly journals LEGAL REGULATION OF THE HEALTH MEDIATOR AND ITS IMPACT ON THE SUSTAINABLE DEVELOPMENT OF SOCIAL CAPITAL

2021 ◽  
Author(s):  
Daniela Petrova ◽  
Keyword(s):  
Economic Growth ◽  
Social Capital ◽  
Sustainable Development ◽  
Legal Framework ◽  
Legal Regulation ◽  
Community Groups ◽  
The Sustainable Development ◽  
Professional Requirements ◽  
The Republic ◽  
The Individual

The activity of the health mediator has a sustainable impact on people's lives, both in the smaller community groups and on the overall educational, health and economic growth of the society. During the Kovid 19 pandemic, the practice of the profession of health mediator is of utmost importance and significance, with a view to informing and preventing health. The author of this article presents the legal framework of the health mediator in the national and European legislation. The aim of the author is to present the legal and professional requirements for the health mediator. The health mediator is already an established and legally regulated profession, which operates in the individual municipalities in the Republic of Bulgaria.

scholarly journals CONCEPTUAL ASPECTS OF THE FORMATION OF THE LEGAL MODEL OF SUSTAINABLE DEVELOPMENT OF UKRAINE

2021 ◽  
pp. 3-17
Author(s):  
V.A. Ustymenko ◽  
◽  
R.A. Dzhabrailov ◽  
V.K. Malolitneva ◽  
T.S. Hudima ◽  
...  
Keyword(s):  
Sustainable Development ◽  
Rule Of Law ◽  
Legal System ◽  
Legal Regulation ◽  
The State ◽  
Specific Content ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Legal Model ◽  
The Eu

It has been found that the methodological principles of building a legal model of sustainable development of Ukraine remain imperfect. In this regard, it is argued that the basis of the legal model, first of all, shall be assigned general and sectoral legal principles that will create the theoretical base of normative activity. In particular, it has to be that the Rule of Law principle has a particularly specific content and acquires signs of a particular legal instrument in the process of law-making and law enforcement. Accordingly, the use of the Rule of Law principle in the process of assessing the efficiency of legal norms is proposed, which will talk about promoting the legal act of the ideology of justice. It is necessary to unacceptable laying into the legal model of sustainable development of the false concept of legal regulation of economic relations, which provides for the exclusion from the legal system of the state of certain branches of legislation, in particular economic legislation. It is substantiated that the Economic Code of Ukraine is the basis for achieving the goals of sustainable development on the economic component and synergistic associated with other acts of Ukrainian legislation in the environmental and social spheres. In this regard, it is argued that the effectiveness of the legal model of sustainable development will be significantly higher, subject to preservation in the legal system of the Economic Code of Ukraine, which will additionally testify to compliance with the Rule of Law principle. It is emphasized that in the light of the adaptation of Ukrainian legislation, including economic, to the EU Law and the signing of the Association Agreement between Ukraine and the EU, the influence of international legal norms on the state and directions of development of individual institutions of Economic law, which contributes to the universalization of the legal model of the steady the state's development.

TRANSFORMATION OF TRADITIONAL MECHANISMS FOR PROTECTING THE COMPETITIVE ENVIRONMENT UNDER THE INFLUENCE OF NETWORK ECONOMY: THE PLACE OF BLOCKCHAIN IN THE REGULATORY SYSTEM AND NEW COMPETITIVE TOOLS (AGGREGATORS AND PRICE ALGORITHMS)

2020 ◽  
Vol 10 (5) ◽  
pp. 76-88
Author(s):  
KSENIA BELIKOVA ◽  
Keyword(s):  
Regulatory System ◽  
Legal Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Practical Significance ◽  
Competitive Environment ◽  
Blockchain Technology ◽  
Foreign Countries ◽  
Starting Point ◽  
Market Factors

This article is aimed at understanding the current state and necessity of transformation of traditional mechanisms for protecting the competitive environment under the influence of networking and the place of blockchain in the regulatory system in the context of applying new competitive tools (aggregators price algorithms) based on the experience of foreign countries, including the perspective and approaches of newest law enforcement (judicial) practice, taking into account the fact that its knowledge allowed and allows to successfully solve current problems of legal regulation in our country. The starting point of the research is network communication as a non-market type of communication. Based on analytical reflections on the information gathered from sources and literature from the list of references the author analyzes legal framework of competition protection developed in the new technological reality, takes into account the approaches of foreign countries and the Russian Federation that determine the acceptability of the application of blockchain in the field of legal protection of competition. The relevance, theoretical and practical significance of this research is due to the emergence of new tools (aggregators and price algorithms) of competitive market struggle in the light of application of a blockchain technology that might influence the competition. The author's results are presented, among others, in the idea of the possibility of “transfer” of anti-competitive actions (price manipulation and collusion, unequal sale / distribution of information / advertising, etc. conditions) to the niche occupied by price algorithms and aggregators of information, and the need to establish a new legal framework of these new market factors.

A Conceptual Framework for Regulating Customary Law within Pluralistic African States: Reassessing Justice Sector Reforms for Reconciling Legal Traditions

2020 ◽  
Vol 9 (2) ◽  
pp. 245-270
Author(s):  
Julie Ynès Ada Tchoukou
Keyword(s):  
Legal System ◽  
Structural Changes ◽  
Wide Spectrum ◽  
Legal Framework ◽  
Legal Regulation ◽  
Customary Law ◽  
Legal Traditions ◽  
Independent States ◽  
Traditional Institutions ◽  
Customary Laws

Customary law and traditional institutions once constituted the comprehensive legal system regulating a wide spectrum of activities within African states. However, colonialism created a framework for the politics of legal dualism, which led to a process of transformation and shift in the nature of structures and practices of states. As such, now independent states are constantly trying to identify ways to sustain the cultural heritage reflected in customary laws and institutions, as they attempt to also function as modern democratic states. Scholars have highlighted the practical and structural changes that need to be made to ensure effective regulation of customary law. To this work, my paper provides a framework to supplement current judicial reforms within African states. I argue that for customary law to be effectively used as a mechanism for legal regulation within cultural communities, the current legal framework within African states needs to move beyond the idea of legal recognition and tolerance, to one that reconciles the complexities of different legal traditions.

scholarly journals Overview of Slovenian Legal Regulation for Possible Transformation of Public Institutions into Commercial Companies

2018 ◽  
Vol 8 (1) ◽  
Author(s):  
Dr.Sc. Bojan TIČAR
Keyword(s):  
Present Article ◽  
Legal System ◽  
Limited Liability ◽  
Legal Framework ◽  
Legal Regulation ◽  
Public Institutions ◽  
Public Private Partnerships ◽  
Public Companies ◽  
Private Partnership ◽  
Open Issues

In the present article, the author defines and analyses the legal framework of the transformation of public institutions into commercial companies with an emphasis on the procedures for transforming public institutions into limited liability companies (ltd.). The author first presents the Slovenian legal framework and the new legislation on public-private partnerships (PPP), which was adopted last year. In the second part of the article, the author analyses the new rules, which primarily refer to public companies. These rules apply, mutatis mutandis, to public institutions. The procedures for transforming public institutions into limited liability companies are particularly demanding, as not only the transitional provisions of public-private-partnership legislation regarding public companies apply mutatis mutandis, but also the procedures for the corporate transformation of public limited companies into limited liability companies. The author concludes the article with some open issues regarding such procedures in the Slovenian legal system and the consequences of such transformations for the founders and employees of such transformed public institutions.

Sign in / Sign up

Export Citation Format

Share Document