scholarly journals The Representation Of Interests In The Mechanism For The Legal Regulation Of Environmental Relations: Certain Aspects

2019 ◽  
pp. 88-99
Author(s):  
H.V. Moroz
Keyword(s):  
Environmental Law ◽  
Legal Regulation ◽  
Coherent System ◽  
Law And Order ◽  
Full Account ◽  
Environmental Rights ◽  
Economic Relations ◽  
Public Unions ◽  
Environmental Relations ◽  
Environmental Interests

The article is aimed at studying the legal means (ways) of representing (formalizing) interests in the mechanism for the legal regulation of environmental relations. The conclusion is reached that it deems reasonable to pose a question about an optimal correlation between interests, i.e. about their sound compromise, not a balance between them, since the latter requires balancing them out which is neither factually, nor legally possible. One characteristic feature of environmental law is its simultaneous use of a permit-based way of the legal regulation by granting the corresponding rights and introducing prohibitions. It contributes to developing a rigid model of the behaviour between the subjects of environmental relations. One of the criteria determining the degree of the efficiency of the mechanism for the legal regulation of a certain type of relations is, among others, taking a full account of the interests of the subjects of this type of relations by means of representing (formalizing) these interests in legislation, their juridization. There exist several ways aimed at formalizing environmental interests: 1) permits, concerning only citizens and public unions, i.e the powers provided for by the environmental rights of the subjects of environmental law; 2) obligations - prescriptions binding on persons to be fulfilled, designed for state authorities, subjects of economic relations, citizens and their unions; 3) proscriptions. All of the components of the environmental law mechanism described in the article are complex in terms of their procedure and, in fact, constitute the public law mechanism being aimed at ensuring mostly public environmental interests. Furthermore, its implementation will definitely involve influencing private, often nonenvironmental interests, which should also be taken into consideration. This is what constitutes the very purpose of the environmental law mechanism as a comprehensive coherent system of normatively established measures and requirements, actions and processes aimed at gradually and effectively achieving the objectives of environmental law. This objective lies in developing environmental law and order as a guarantee for the fulfillment of the constitutional environmental rights and nature conservation, including the objective of conserving biodiversity. Considering the dynamic nature of the development of environmental and other relations with regard to the possibility of the direction of the interests of the subjects of these relations being changed, it deems necessary to reconsider the nature and content of those legal means that constitute the environmental law mechanism.

scholarly journals The ecosystem approach under the Convention on Biological Diversity: a review of decisions of the Conference of the Parties

2021 ◽  
Author(s):  
Ye. P. Suietnov
Keyword(s):  
Biological Diversity ◽  
Environmental Law ◽  
Ecosystem Approach ◽  
Legal Regulation ◽  
Convention On Biological Diversity ◽  
International Environmental Law ◽  
Leading Role ◽  
Current State ◽  
Practical Guidelines ◽  
Environmental Relations

A comprehensive analysis of the process of formation and development of the ecosystem approach in international environmental law under the Convention on Biological Diversity has been undertaken. Based on a study of the provisions of the Convention and a review of decisions of the meetings of its governing body – the Conference of the Parties – the conclusion is made about the current state of development of the ecosystem approach. In particular, under the Convention on Biological Diversity, general framework of the ecosystem approach have been developed, including its description, principles and practical guidelines for its application, and its leading role in the conservation of biodiversity has been determined. Undoubtedly, the ecosystem approach generally and its principles particularly require thorough discussion at future meetings of the Conference of the Parties and implementation in appropriate decisions. At the same time, it is quite obvious that the effectiveness of this approach in the issue of biodiversity conservation will depend primarily on its implementation in the state environmental policy and legislation of all countries-participants of the Convention and its practical realization, which, according to the author, should become one of the priority and strategic directions in the field of legal regulation of environmental relations in Ukraine.

scholarly journals Complex ecological branch of law in terms of globalization

2021 ◽  
Vol 2 (2) ◽  
pp. 14-20
Author(s):  
Lydmyla Dobroboh
Keyword(s):  
European Union ◽  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
Legal Regulation ◽  
Green Economy ◽  
The European Union ◽  
National Legislation ◽  
Environmental Relations ◽  
The Impact

The article deals with study of the impact of globalization on the development of a complex branch of environmental law. A significant development of science and technology in the modern world, the relative "development of the planet" and globalization processes necessitate the solution of qualitatively new scientific and applied problems and, in particular, the need to take into account the intensive development of world industry, limited natural resources and environmental requirements. and social mobility. The author has analyzed the most important historical events, implementation of international norms on environmental protection to national legislation. A particular attention has been paid to the development of the idea of environmental protection in European law in the second half of XX century and the separation within it of European environmental law. Recently, such important issues as the management of genetically modified organisms, the management of waste and hazardous chemicals, the reduction of harmful emissions into the atmosphere and water pollution have been regulated. This state of legal regulation of environmental relations at the level of international law has a positive impact on the national legislation of the Member States of the European Union and other states that have taken the European direction of development, including Ukraine. One of the important areas of cooperation between the European Union and Ukraine is the joint solution of problems in the field of environmental management and environmental protection. It has been concluded that the international legal regulation of environmental relations is a system of purposeful actions of subjects of international law, aimed at the rational use of nature and environmental protection in order to preserve it for present and future generations. The green economy is a priority for the European Union.

Legal framework for improvement of agroecology by cultivating jerusalem artichoke

2020 ◽  
pp. 59-66
Author(s):  
Mykhailo Kosmii ◽  
Vasyl. Kasiianchuk ◽  
Ruslan Zhyrak ◽  
Ivan Krykhovetskyi
Keyword(s):  
Environmental Protection ◽  
Organic Farming ◽  
Alternative Energy ◽  
Building Materials ◽  
Environmental Law ◽  
Jerusalem Artichoke ◽  
Legal Framework ◽  
Legal Regulation ◽  
Practical Application ◽  
Scientific Cognition

The purpose of this paper is to analyze and research the legal mechanisms which make it possible to improve agroecology through the organization of cultivation of Jerusalem artichoke.Methodology. The methodology includes comprehensive analysis and generalization of available scientific, theoretical, practical and applied material and development of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, historical and legal, logical and normative, systemic and structural, functional, normative and dogmatic, generalization methods. Results. The process of analysis and research highlighted the possibilities of cultivating Jerusalem artichoke for improving agroecology, namely improving the ecological state of the atmosphere air and soil, preparing them for organic farming. The article contains examples of practical application of tubers of Jerusalem artichoke and herbage for the production of therapeutic and prophylactic products, alternative energy and highly efficient building materials. Scientific novelty. The study found that the authors summarized and systematized the levels of legal regulation in the field of using Jerusalem artichoke for improving agroecology, preparing soil for organic farming, in particular: the inter-sectoral level which covers the interaction of agricultural and environmental law in terms of cultivation and use of Jerusalem artichoke; the level of integrated environmental and legal regulation; level of individual resource (floristic) legal regulation; the level of environmental protection (anthropoprotection) legislation.Practical importance. The results of the study can be used in law-making and environmental protection activities related to issues of cultivating and using the Jerusalem artichoke as a means of improving agroecology.

scholarly journals Correlation of Law and Order in Society

2020 ◽  
Vol 37 (64) ◽  
pp. 53-61
Author(s):  
Gabdrakhman H. Valiev ◽  
Sergey V. Kondratyuk ◽  
Natalia A. Prodanova ◽  
Irina A. Babalikova ◽  
Kermen I. Makaeva ◽  
...  
Keyword(s):  
Rule Of Law ◽  
Justice System ◽  
Modern Society ◽  
Legal Regulation ◽  
Law And Order ◽  
The Rule Of Law ◽  
Human Rights Organizations ◽  
Relationship Of ◽  
The Relationship ◽  
Concrete Reality

The problem of the relationship of law and order is relevant to any modern society. The article tries to analyze this relationship, taking into account judicial, police and other activities. The named concepts are closely interconnected, but are not identical. They are correlated as cause and effect: there is a rule of law, there is no rule of law. One suggests the other. The rule of law as concrete reality logically precedes the rule of law as a doctrine, the connection here is hard, causal. The process is one. Law and order: a real indicator of the state of legality, reflects the degree of compliance with the laws, the requirements of all legal regulations. It is concluded that the rule of law is the end result of the implementation of legal requirements and, at the same time, the objective of legal regulation, since it is for the formation and maintenance of the rule of law that laws are issued, thus like other regulatory legal acts, various institutions and bodies and, above all, the justice system, the control system, various human rights organizations and social movements.

scholarly journals On the Form of Organizing the Institution of Condominium Ownership in Russia

Legal Concept ◽  
2019 ◽  
pp. 107-115
Author(s):  
Maxim Permyakov
Keyword(s):  
Legal Regulation ◽  
Law And Order ◽  
Real Form ◽  
Progressive Development ◽  
Root Cause ◽  
Foreign Countries ◽  
Domestic Legislation ◽  
Analysis And Synthesis ◽  
Long Time ◽  
Domestic Institution

Introduction: despite the fact that Russia is a country in which the majority of the population lives in apartment buildings, the institution of condominium ownership is one of the least developed, both in doctrinal and practical terms, in connection with which the theoretical and practical difficulties arise in the domestic legal order. The solution of such problems is impossible without the search for the root cause, which is the lack of choice of the form of organization of the legal institution, so that the legal regulation cannot be harmonious. Purpose: based on the study of the formation, evolution and unification of the institution of law in foreign countries, to address the problems of the domestic institution of condominium ownership. Methods: the methodological framework for this study is a set of methods of scientific knowledge, among which the main ones are the methods of specific historical, historical and comparative, social and legal, as well as the methods of analysis and synthesis. Results: the prerequisites for the emergence of condominium ownership in classical civil law were: the limitation of land as a natural resource, as well as capital for individual construction. The institution of condominium ownership is approved in the countries of continental law in two forms: “real” and “unreal”. In Russia, due to the lack of a long time of progressive development of property law, this institution was formed without taking into account its classical prerequisites, within the framework of privatization processes, which led to the emergence of the problems which are atypical for the European law and order. Conclusions: the domestic legislation tends to the organization of the institution of condominium ownership in the “real” form; however, the modern interpretation of this form entails many legal problems, which clearly indicates the need for its reform.

scholarly journals Synergy of Family Business and Social Entrepreneurship: Problems of Law, Economics and Technology Development

2021 ◽  
Vol 110 ◽  
pp. 01016
Author(s):  
Anatoly N. Levushkin ◽  
Yana S. Grishina ◽  
Olga G. Bartkova ◽  
Tatyana V. Savina
Keyword(s):  
Family Business ◽  
Social Entrepreneurship ◽  
New Technologies ◽  
Technology Development ◽  
Legal Regulation ◽  
Economic Activities ◽  
Scientific Methods ◽  
Economic Relations ◽  
Family Enterprise ◽  
General Scientific

During the economic instability, crisis processes in economic relations, and the growing prospects of a new “step” of the global economic crisis, theoretical and applied research in the field of legal support for strengthening and supporting economic development, small and medium-sized businesses, and digital technologies in the Russian Federation plays a great role. The purpose of the study: A legal study of the current legislation in order to apply the concept of synergy of family business and social entrepreneurship for the effective implementation of economic processes and solving technological problems, identify the problems of family business development in the new economic realities and propose some ways to solve them at the legislative level. The object of the study is a set of economic, entrepreneurial, civil-legal relations that arise in the implementation of family business and social entrepreneurship in modern economic realities based on new technologies. Methods: General scientific and private scientific methods of scientific cognition were used in the study: systematic, historical, logical, comparative-legal, formal-legal, and others. Novelty: It is proved that social entrepreneurship and family business should be a system-forming link in economic relations, linking the state with small and medium-sized businesses. The introduction of such form of business (social and family entrepreneurship) should eliminate many economic problems and gaps in the legal regulation of issues that arise while conducting economic activities by family members. The necessity of separating social entrepreneurship and family business into a separate economic and legal category is justified, and the expediency of consolidating the concept of social entrepreneurship and family enterprise at the federal level is proved.

scholarly journals THE RIGHT TO CLONE: SOME ASPECTS OF THE CONTEMPORARY DISCOURSE

2020 ◽  
Vol 73 (3) ◽  
pp. 597-602
Author(s):  
Anatoliy M. Potapchuk ◽  
Tereziia P. Popovych ◽  
Yevhen Ya. Kostenko ◽  
Yana O. Baryska ◽  
Vasyl V. Levkulych
Keyword(s):  
Legal Regulation ◽  
Therapeutic Cloning ◽  
Unresolved Issue ◽  
Therapeutic Activity ◽  
Law And Order ◽  
Reproductive Cloning ◽  
National Legislation ◽  
General Scientific ◽  
The Right

The aim: The paper aims to analyze some aspects of the contemporary discourse which concern the determination of the content and specificity of the right to clone. It also outlines the main trends in the development of legal regulation of cloning within international and national law and order. Materials and methods: Methodologically, this work is based on the system of methods, scientific approaches, techniques and principles with the help of which the realization of the research aim is carried out. There have been applied universal, general scientific and special legal methods. Conclusions: Regarding the findings of the study it is necessary to note the following. First, if there is a shared negative vision of the feasibility of reproductive cloning in general, which is enshrined in international and national legislation, the need for therapeutic cloning remains an unresolved issue. Secondly, medicine advances and accordingly sees new perspectives and innovative developments in the field of therapeutic activity, in particular, related to the results of therapeutic cloning, which can help in the fight against incurable diseases. Hence, there is the necessity of further research aimed at the improvement of the existing mechanisms for implementing therapeutic cloning, and determining its limits and procedural aspects.

scholarly journals INSTITUTIONAL PRECONDITIONS FOR DIVERSIFICATION ENSURING OF THE NATURAL RECREATIONAL RESOURCES AND TERRITORIES USE

2021 ◽  
Author(s):  
Olha Golikova ◽  
Keyword(s):  
Organizational Support ◽  
State Regulation ◽  
Territorial Development ◽  
Economic Interests ◽  
Economic Relations ◽  
Fixed Assets ◽  
State And Local ◽  
Business Entities ◽  
Recreational Resources ◽  
Environmental Interests

The need to diversify the use of natural recreational resources and territories is a national issue of environmental management at the national and regional entities. This is especially true for unique natural areas and objects. The paper analyzes the current state and identifies trends in the development of recreational and tourist sphere of Ukraine. The analysis of normative-legal and organizational support of processes of of natural resources and territories use is carried out. It is established that a separate part of the main factors of production (facilities and fixed assets involved in the provision of health services) are privately owned by business entities, as natural recreational resources are owned by the state and local executive authorities. This situation is due to the need to reconcile socio-economic and environmental interests. The need to improve the permitting system for assessing natural resource potential, in particular natural recreational resources, as a tool for state regulation of economic relations on forms and property rights to natural recreational and involvement of socio-economic interests of territorial development and recreational tourism.

scholarly journals Problems of improving conceptual apparatus in the field of protection and use of natural medicinal resources, medical and recreational areas and resorts

2019 ◽  
pp. 186-194
Author(s):  
N. G. Zhavoronkova ◽  
G. V. Vypkhanova
Keyword(s):  
Natural Resources ◽  
Legal Status ◽  
Legal Regulation ◽  
Complex Nature ◽  
Economic Relations ◽  
Conceptual Apparatus ◽  
Provision Of Services ◽  
Ecological Relations ◽  
Legal Concepts

The paper contains an analysis of theoretical problems associated with the conceptual apparatus in the sanatorium and resort sphere. They are largely due to the complex nature of the legal regulation of relations on the use and protection of natural medicinal resources, medical and recreational areas and resorts by the norms of legislation on public health, civil, urban planning, environmental, land and other branches of legislation. Accordingly, the assessment of legal concepts should cover the sphere of regulation of natural resource relations related to the use of natural resources for therapeutic and recreational purposes; the provision of services, the implementation of sanatorium-resort activities as an integral part of health and socio-economic relations; territorial (spatial) development of resort areas, medical and recreational areas; ecological relations due to the classification of such areas as specially protected. In the study of basic concepts — «health-improving terrain», «resort» — their characteristics such as «curative», «preventive», «wellness» are examined, contradictions in legislation are revealed, the necessity of expanding the criteria that are the basis for imparting with therapeutic natural resources, the corresponding legal status is justified. The necessity of expanding the terms and concepts related to the resort sphere — «resort infrastructure», «resort infrastructure user», «accommodation object», etc. is shown. The authors justify other proposals in the context of recent legislative initiatives in this area.

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