scholarly journals Regulatory and legal framework for chemical safety in Ukraine

2017 ◽  
Vol 1 (1-2) ◽  
pp. 73-80
Author(s):  
O. S. Dvurechenska
Keyword(s):  
Legal Framework ◽  
The State ◽  
Regulatory Framework ◽  
Export Control ◽  
Chemical Weapon ◽  
State Control ◽  
International Treaties ◽  
Government Programs ◽  
Chemical Safety ◽  
Legal Norms

Ukraine has never manufactured, amassed or applied chemical weapon. However, on the territory of Ukraine, a significant amount of poisonous substances are used in the industry, in domestic life, in medical and scientific institutions, which may exert a detrimental influence on people and environment. Moreover, various substances may be involved in the production of chemical weapons.The article is aimed at investigating the legal and regulatory framework of Ukraine, which is necessary for the effective functioning of the chemical safety system.At the beginning of the XXI century, a powerful international legal framework has been established in order to prohibit the development, production, stockpiling, application and disposal of the chemical weapons. Particular attention is paid to dual-usage goods. Ukraine has joined the leading international regulatory instrument in the field of chemical safety regulation.The implementation of the international legal norms to the national legislation is in progress of establishment. Ukraine is a party to all international export control regimes. Taking into account international experience, the national export control system is being developed and is constantly being improved. Ukraine signed bilateral and multilateral international treaties in order to launch an effective legal framework for the national chemical safety system.In Ukraine, it has been laid the foundation of the national legal documents base in the field of chemical safety. The major documents include the laws of Ukraine “On Foreign Economic Activity” and “On the State Control over International Transfers of Military and Dual-Use Commodities”, the Concept for Increasing the Level of Chemical Safety, Action Plans and Government Programs, certain Articles of the Codes of Ukraine, a number of documents of the Cabinet of Ministers of Ukraine in the field of regulation of production, storage, transportation, use, disposal and destruction of hazardous chemicals. The national list of military and dual-usage goods has been drawn up and constantly updated in the state. Thus, the regulatory framework of Ukraine in the field of chemical safety is formed and enhanced taking into consideration the national peculiarities of state development and international legal norms.

scholarly journals CIVIL LAW REGIME OF DUAL-USE GOODS FROM THE POSITION OF ENSURING THE BALANCE OF PRIVATE AND PUBLIC INTERESTS: COMPARATIVE LEGAL ASPECT

2020 ◽  
pp. 196-207
Author(s):  
Mikhail G. Shcherbakov ◽  
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Export Control ◽  
Dual Use ◽  
Legal Regime ◽  
Public Interests ◽  
Legal Norms ◽  
The Status ◽  
Private And Public ◽  
Fair Balance

The article examines the dialectical relationship between the balance of private and public interests and the effectiveness of legal regulation of the dual-use goods. The concepts of dual-use goods and the legal regime of dual-use goods are examined and the conclusion is made that there is an interdependence between the categories «fair balance of private and public interests» and «the form and content of the dual-use goods regime». The structure of the legal regime system, consisting of interconnected subsystems that are in functional unity with each other, is analyzed. The dynamic property of the legal regime of dual-use goods to change the status of the goods and the status of the subject, depending on the state of the balance of private and public interests, is revealed. A special mechanism has been identified for regulating the system of the legal regime for dual-use goods, arising from the process of unification of legal norms, both at the international and national levels. The author proposed measures to improve the mechanism for regulating the legal regime of dual-use goods, based on the achievements of scientific and technological progress. Thus, increasing inter-industry relations through the unification of legal norms, as well as the use of modern technologies in the export control process, will ensure a fair balance between private and public interests. Meanwhile, state intervention in the property relations of individuals should be of an exceptional nature, providing for the existence of a mechanism for judicial protection of the weak side, for example, in the form of an institution for consumer protection. It is a focused approach based on the additional role of the state that will improve the effectiveness of the dual-use goods regime, as well as eliminate archaic methods of legal regulation of the turnover of dual-use goods based on the permissive type of regulation. In that way, the system measures that allow integrating advanced technologies into the mechanism of dual-use goods regime include: - introduction of a risk-based approach in the export control system; - transition to the notification procedure for export control; - transition to automatic identification of dual-use goods; - creation of a unified technological platform for controlling the turnover of dual-use goods; - creating a virtual image of dual-use goods with the function of saving the history of their use; - chipping of dual-use goods; - use of distribution registers in transactions with dual-use goods.

scholarly journals Legal Framework for Regulating Physical Education and Sports in Kuzbass (1985–2008)

2020 ◽  
Vol 2020 (2) ◽  
pp. 161-167
Author(s):  
Vladimir Kazmin ◽  
Margarita Kazmina ◽  
Evgeniya Yuzupkina
Keyword(s):  
Soviet Union ◽  
Physical Education ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Transitional Period ◽  
Soviet Period ◽  
Legal Norms ◽  
Legal Method ◽  
Wide Range

The paper features legislative regulation of physical education and sports in different historical periods. The research objective was to describe the legal framework of the Soviet and post-Soviet periods in order to use the experience in modern conditions. The study was based on the following scientific principles and methods. The principle of scientific research made it possible to use of a wide range of published and unpublished archival documents and scientific sources. The principle of historicism allowed the authors to identify the state of legal regulation in various historical epochs, as well as the nature of the changes they underwent. The comparative legal method helped identify the nature of the legal framework, its content in the Soviet period, and the qualitative changes that occurred after the collapse of the Soviet Union. As a result, the authors identified a number of stages in the development of the legal framework in question. The period of the Soviet legal norms lasted from the mid 1980s to early 1990s. During the transitional period of the 1990s, Russia was actively searching for legal regulation: the basic legislation was adopted in 1993, and the Law itself entered into force in 1999. The third period began when the state law on physical education and sport was adopted in 2008. Soon after that, a similar document was released in Kuzbass. In this regard, the development of sports law is a system of legal norms that regulate relations in the field of physical education and sports at the Federal and regional levels. The results of the research can be used in the development of the regulatory framework by Federal and regional legislative bodies, the scientific community, and lawyers involved in sports and physical education law.

MEDICAL LAW IN UKRAINE: PROBLEMS AND PROSPECTS OF DEVELOPMENT

2018 ◽  
Author(s):  
Irina Sukhodubova ◽  
◽  
Veronika Irzhavska ◽  
Keyword(s):  
Health Care ◽  
Public Relations ◽  
Health Care System ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Medical Law ◽  
Legal Norms ◽  
Separate Branch ◽  
Care System

The article considers the issue of branch affiliation of medical law. In particular, numerous studies conducted by recognized experts and scientists on the independence of the field of medical law are analyzed. The relevance of the allocation of medical law in a separate branch of law of Ukraine is highlighted. Since the sectoral affiliation of medical law remains uncertain, this indicates the relevance, feasibility and necessity of a comprehensive study of the sectoral affiliation of medical law of Ukraine. In general, it is determined that medical law is a complex branch of law that includes a set of legal norms that regulate public relations in the health care system. The review of literature sources summarizes the state of the legal framework for the regulation of medical activities in Ukraine. When considering various sources and scientific works, the state of the regulatory framework for the regulation of medical activities and the health care system in Ukraine is summarized. The relevance of the allocation of medical law in a separate branch of law of Ukraine is highlighted. For this purpose, state bodies face the task of creating a separate complex branch of medical law. And before scientists - the development of medical jurisprudence as a separate branch of legal science. It can be concluded that such a document as the Medical Code of Ukraine is one of the tools for implementing the state health policy. Methods of improving and overcoming problematic situations in the system of legal regulation of health care are considered. The general provisions of the Medical Code are defined and the important features which should be contained in the corresponding codified act are specified. It is noted that the creation and adoption of an appropriate code will contribute to the quality and effective legal regulation of legal relations in the field of health care, as well as in the field of medical care, should become a reliable foundation of medical law.

The project management in the system of the state control: problems of application

2016 ◽  
Vol 11 (4) ◽  
pp. 203-213 ◽  
Author(s):  
Грядунова ◽  
Alina Gryadunova ◽  
Леонова ◽  
Oksana Leonova ◽  
Крюкова ◽  
...  
Keyword(s):  
Project Management ◽  
Management System ◽  
Legal Framework ◽  
The State ◽  
Successful Implementation ◽  
State Control ◽  
Project Management System ◽  
Effective Use ◽  
Favorable Conditions ◽  
Management Reporting

The article deals with the process of modernization of public administration through the introduction of a project management system: defines its role, place and possible application prospects; the main barriers to the introduction and successful implementation of the project management system are identified, including the unwillingness to change and possible risks, the misconception about the system and the results of its application, the imperfection of the legal framework. Also, the problems that require solutions are training of specialists in the field of project management, implementation and use of the software, the complexity of determining the objectives of the project, the effectiveness of its implementation, incorrect distribution of responsibilities. The authors suggest ways to create favorable conditions for effective use of the system of project management in the state structure, including improving knowledge of employees, improvement of the legal framework and case management system, management reporting, formation of statistical base for further analysis of project performance and the use of information for more efficient building of further work.

scholarly journals PANORAMA ACTUAL DEL ARBITRAJE EN CONTRATACIONES CON EL ESTADO: ALGUNAS REFLEXIONES A PROPÓSITO DE LAS ÚLTIMAS MODIFICACIONES A LA LEY N.° 30225 Y SU REGLAMENTO

2019 ◽  
pp. 47-62
Author(s):  
DIEGO FERNANDO GARCÍA VIZCARRA
Keyword(s):  
Dispute Resolution ◽  
Legal Framework ◽  
Public Law ◽  
The State ◽  
Regulatory Framework ◽  
Legal Order ◽  
Unique Role ◽  
Regulatory Changes ◽  
Analytical Perspective

La importancia de las contrataciones con el Estado ha dado lugar, en los últimos veinte años, al desarrollo de un marco regulatorio cada vez más amplio y especializado, en el cual la figura del arbitraje ha cobrado un protagonismo singular, dado que el propio ordenamiento peruano abstrajo de este mecanismo de solución de controversias sus características originarias, dotándole una identidad propia en este ámbito de aplicación. Con los diversos cambios normativos que ha sufrido el régimen, el arbitraje en contrataciones con el Estado ha sido objeto de numerosos ajustes, tanto en lo sustantivo como en lo adjetivo, encontrándonos hoy en día ante una disciplina especializada que aún está en proceso de consolidación debido a que, si bien se han dado importantes pasos para la compatibilización del arbitraje con nociones e instituciones propias del Derecho Público, todavía incide significativamenteen su desarrollo la frágil estabilidad del marco legal que lo contempla y la presencia de deficiencias regulatorias que no han podido coadyuvar a superar problemas suscitados en la práctica arbitral relacionados a su propia aplicabilidad e, incluso, al rol de los árbitros. En ese sentido, el presente trabajo tiene por objetivo graficar —desde una perspectiva analítica— el actual panorama del arbitraje en contrataciones con el Estado, a partir de las principales reglasincorporadas en las recientes modificaciones a la Ley N.º 30225, Ley de Contrataciones del Estado, y a su Reglamento, cuya pertinencia y eficacia será objeto de reflexión en relación al contexto antes descrito, a partir de la ratio legis que se desprende de las mismas. The importance of contracting with the State has given rise to the development of an increasingly broad and specialized regulatory framework, in the last twenty years, in which the arbitration figure has taken on a unique role, as the Peruvian legal order abstract of this mechanism of dispute resolution its origin features, giving itself own identity in this field of application. With the various regulatory changes that the regime has gone through, arbitrationin contracting with the State has been object to numerous adjustments, as in the substantive as in the adjective, facing today a specialized discipline that is still in the process of consolidation due to, although important steps have been taken for the compatibility of arbitration with notions and institutions of Public Law, the fragile stability of the legal framework that contemplates it and the presence of regulatory deficiencies that have not been able to contributeto overcome problems raised in arbitration practice related to their own applicability, they still have a significant impact, and even to the role of arbitrators. In this sense, the present work aims to graph —from an analytical perspective— the current overview of arbitration in contracting with the State, based on the main rules incorporated in the recent amendments to Law N.° 30225, Law on State Contracting, and its Regulation, whose relevance and effectivenesswill be object to reflection in relation to the context described above, based on the ratio legis that emerges from them.

scholarly journals Ochrona biosfery na obszarach Natura 2000

2020 ◽  
Vol 29 (2) ◽  
pp. 151
Author(s):  
Adam Niewiadomski
Keyword(s):  
Nature Conservation ◽  
Environmental Conditions ◽  
Natura 2000 ◽  
Legal Framework ◽  
The State ◽  
Nature Protection ◽  
Legal Norms

<p>The article presents the main assumptions concerning the functioning of Natura 2000 sites in Europe, with particular emphasis on Polish regulations. These areas of high natural value directly influence the shape of nature conservation and the state of the climate. In this latter context, legal norms and legislators face the challenge of finding such a legal framework to prevent the progressive degradation of the climate. The functioning Natura 2000 sites in Poland as one of the forms of nature protection may be helpful in this respect, provided that the plans of protection tasks are adapted to the changing environmental conditions.</p>

scholarly journals Theoretical and legal characteristics of problem aspects of free secondary legal aid and prospects of their solution

2021 ◽  
pp. 4-8
Author(s):  
Larysa Nalyvaiko ◽  
Maryna Novikova
Keyword(s):  
Technical Assistance ◽  
Public Organizations ◽  
Legal Framework ◽  
The State ◽  
Legal Aid ◽  
Council Of Europe ◽  
Legal Norms ◽  
European Court ◽  
To Receive

The article analyzes problems of providing free secondary legal aid in Ukraine. Based on the studied statistical indicators, it is determined, that the most unresolved issues are the availability and quality of legal aid. It is stated, that in order to overcome these obstacles, the state, represented by the authorized bodies, cooperates with many international organizations, participates in international technical assistance projects and provides communication with international and national public organizations. Based on the study, it is noted, that today attention should be paid not only to highlight the possibility of obtaining free secondary legal aid, but also to the dissemination of mechanisms for obtaining such assistance and their features. It is determined, that today in Ukraine the state and public organizations are actively working to increase the level of availability of free legal aid in Ukraine. The Law of Ukraine «On Free Legal Aid» contains a detailed list of persons entitled, in particular, to receive free secondary legal aid, the rights and obligations of entities to provide such assistance. However due to the abstract nature of legal norms and the style of their presentation, there is a need in society to explain these regulations to the population. To this end, various activities are carried out, in particular, cooperation with the media, publishing brochures, distributing educational videos on the Internet, which has a positive character and, as a consequence, achieving the goal – increasing the availability of free legal aid in Ukraine. The participation of representatives of the international community in providing free legal aid is analyzed. It was stated, that the representatives of the Council of Europe recommended that the national institutions improve the legal framework for the provision of free legal aid in order to make the institution more accessible and understandable to those entitled to receive it. In addition, the Council of Europe recommended improving the area of ​​criminal justice in terms of coherence of efforts to provide each suspect or accused with affordable and quality legal assistance. It is noted, that the quality of free legal aid depends on many factors. In particular, lawyers discussed the thesis of incentives to provide quality assistance, as in a significant number of cases the lawyer interferes with concentration, and as a consequence, reduces the level of positive decisions. It is determined, that free legal aid does not provide support to citizens in applying to international judicial institutions, such as the European Court of Human Rights

scholarly journals Audiovisual Media Regulation during the COVID-19 Pandemic - Measures Undertaken by the Romanian Authorities during the State of Emergency

2021 ◽  
Vol 10 (1) ◽  
pp. 65-75
Author(s):  
Zsolt Kokoly
Keyword(s):  
Legal Framework ◽  
The State ◽  
State Of Emergency ◽  
Legal Norms ◽  
The Public ◽  
Audiovisual Media ◽  
Media Regulation ◽  
Presidential Decree ◽  
Multiple Challenges ◽  
The Right

The present study aims to offer a review of measures taken by the Romanian authorities in the field of audiovisual media regulation during the state of emergency instituted in March 2020 following the COVID-19 outbreak. The legal framework has been adjusted, drawing both from extant norms, such as the 2003 Constitution of Romania, and from newly adapted legal norms such as the Presidential Decree declaring the state of emergency. Also, the competent authorities have been invested with additional powers, this being the case of the National Audiovisual Council and the National Authority for Management and Regulation in Communications. These institutions have faced multiple challenges regarding the clash between freedom of opinion and freedom of speech and the right to correct information of the public and the campaigns to counter misinformation.

Part II A View Through Illustrative Contracts and Harmonizing Instruments, 15 Transactions in Securities

2015 ◽  
Keyword(s):  
Legal Framework ◽  
Regulatory Framework ◽  
Property Law ◽  
International Treaties ◽  
Insolvency Law ◽  
Conflict Of Laws ◽  
Paper Form ◽  
The Hague ◽  
The Law

Chapter 15 examines the transnational legal framework for intermediated securities. It describes the shift from a world in which securities were primarily held and traded in paper form to a market in which they are held in immobilized or dematerialized form and traded through intermediaries. This shift required changes to national and regional legislation and resulted in the adoption of two international treaties: the Hague and Geneva Securities Conventions. The chapter pays attention to aspects of property law, the law of obligations, insolvency law, conflict of laws, and the regulatory framework for intermediated securities. Particular information is provided on financial collateral transactions and close-out netting.

scholarly journals Protection against Sexual Violence in the Colombian Legal Framework: Obstacles and Consequences for Women Victims

2021 ◽  
Vol 18 (8) ◽  
pp. 4171
Author(s):  
Sandra M. Parra-Barrera ◽  
Nieves Moyano ◽  
Miguel Ángel Boldova ◽  
María del Mar Sánchez-Fuentes
Keyword(s):  
Human Rights ◽  
Sexual Violence ◽  
Women Victims ◽  
Personal Development ◽  
Well Being ◽  
Legal Framework ◽  
Regulatory Framework ◽  
Negative Consequences ◽  
International Treaties ◽  
Gender Based Violence

Sexual violence is a type of gender-based violence (GBV), as it is one of the different types of violence that is exerted against women. Sexual violence infringes fundamental human rights, and denies women’s dignity and self-determination, personal development, and well-being. Despite international treaties and a regulatory framework that legally protects Colombian women against sexual violence, it is necessary to know the effectiveness of this regulatory framework in Colombia. Therefore, the main objective of this research is to examine criminal legislation on crimes of sexual violence in Colombia with a dual purpose: first, to analyze procedural guarantees for women victims of sexual violence; second, to determine obstacles for victims of sexual violence in accordance with the legal framework. We used a legal interpretation method to perform an analysis and interpret the law. The results found that, although sexual violence is considered a type of crime, procedural guarantees are not effective as victims encounter serious obstacles with negative consequences, such as the violation of fundamental human rights.

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