scholarly journals Prohibitions As Means of “Smart Regulation” of Compensation for Harm to the Environment

Legal Concept ◽  
2021 ◽  
pp. 184-192
Author(s):  
Oksana Sharno ◽  
Keyword(s):  
Public Relations ◽  
Effective Means ◽  
Modern Society ◽  
Legal Regulation ◽  
Environmental Harm ◽  
Environmental Damage ◽  
Implementation Processes ◽  
Economic Paradigm ◽  
Smart Regulation ◽  
Environmental Component

Introduction: an important vector of development of modern society is the formation of an ecological and economic paradigm, in whose context the legal regulation of public relations is carried out with the emphasis on the environmental component. The problems of compensation for environmental damage, without losing their independent relevance, become the leitmotif of the modernization of the legal implementation processes. Given that the specifics of compensation for environmental damage are multi-faceted, reflecting cross-industry trends, this area requires the development of “smart regulation”, whose effective means are legal prohibitions. Purpose: to conduct a theoretical and legal study of prohibitions as means of “smart regulation” of compensation for environmental damage. Methods: the research is carried out using a set of methods of scientific cognition, namely, analysis (the analysis of concepts, identification of their features, traits) and synthesis (the generalization of debatable conclusions, contrasted definitions), the method of analogies, with the help of which the characteristics of the studied theses, definitions were projected on legal relations. The preparation of the paper required the use of special legal research methods, such as formal-legal and comparative law. Results: the study focuses on the analysis of the concepts of “environmental harm”, “environmental communications”, “environmental information”, “mechanism of legal regulation”, “smart regulation”, “prohibitions”, presents their author’s interpretations, reflects that prohibitions as instructions to refrain from certain negative actions under the threat of liability in the matters of compensation for environmental damage are effective means of the legal regulation that ensures the satisfaction of the interests of society and nature. Prohibitions, as criteria for distinguishing between the legality and illegality of behavior in the interests of environmental protection, as means of the legal regulation, form the basis for bringing to justice those who violate them. The paper presents the ways of applying and modernizing prohibitions for “smart regulation” of compensation for environmental damage. Conclusions: prohibitions as means of “smart regulation” serve to ensure transparency and efficiency of compensation for the environmental damage, provide innovative communications of decision-makers and citizens in the implementation of their rights to a favorable environment, to compensation for damage caused to the environment in full, provide suspension, restriction, termination of the activities that cause harm from the creation of a regulatory act to its implementation. The analysis of legal prohibitions demonstrates that in the matters of compensation for environmental harm, the problem of legal prohibitions is effective.

CLASSIFICATION, STRUCTURE AND FUNCTIONS OF LEGAL CONSCIOUSNESS

2021 ◽  
Vol 6 (8) ◽  
pp. 5-14
Author(s):  
Igor Kudryavtsev ◽  
Keyword(s):  
Public Relations ◽  
Detailed Analysis ◽  
Modern Society ◽  
Legal Regulation ◽  
Legal Consciousness ◽  
Theoretical Understanding ◽  
A Priority ◽  
Structure And Functions ◽  
Classification Structure

The article discusses in detail the classification, structure and functions of legal consciousness. The article also discusses ideas, concepts, views expressing the theoretical understanding of law, typical for researchers, scientific workers involved in the legal regulation of public relations. The article also provides a detailed analysis of the classification, structure and functions of legal consciousness.In modern society, the scientific legal consciousness has a priority role in determining the ways of development of law, legislation, political and constitutional relations

scholarly journals Factors for Establishing the Limits of Legal Regulation

Legal Concept ◽  
2021 ◽  
pp. 18-23
Author(s):  
Ekaterina Zaitseva ◽  
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Necessary Condition ◽  
Modern State ◽  
Physiological Factors ◽  
Scientific Methods ◽  
Social Nature ◽  
Smart Regulation ◽  
The Law ◽  
Law Making

Introduction: the knowledge of the legal regulation sphere and its limits is impossible without the analysis of the factors under the influence of which it is formed. Despite the obvious significance, the factors of establishing the limits of legal regulation did not become an independent subject of research but were only indirectly affected in the context of the analysis of the legal education factors. Meanwhile, these factors are of independent importance and need additional reflection. Their identification and clarification contribute to the introduction of the concept of “smart regulation” in the law-making policy of the modern state. Purpose: to identify the factors of setting the limits of legal regulation. Methods: the methodological framework for the study was made up of the general scientific and specific scientific methods of cognition. Results: the analysis of the factors of the establishment of the legal regulation sphere and its limits with the aim of its most adequate reflection as a subject of legal regulation is a necessary condition for improving the effectiveness of the law-making policy of the modern state. Conclusions: the factors that determine the limits of legal regulation can be objective and subjective. The objective factors determine the limits of the sphere of legal regulation; as such, it is necessary to consider the properties of public relations that have a legal nature, which in turn are under the influence of the objective factors of a natural and social nature, traditionally referred to as lawforming. The main natural factors should include biological, geographical, climatic, and physiological factors. The main objective social factors are scientific and technological, axiological, economic, and psychological. The identification of the sphere of legal regulation and its consolidation as a subject of legal regulation are caused not only by the influence of the objective factors but also by the subjective ones, which should include political-legal, scientific-cognitive, and technical-legal. All these factors interact with each other and “work” in the system. Depending on the specifics of the public attitude that is in the sphere of legal regulation and is fixed as its subject, the influence of various factors will be unequal.

scholarly journals EXPERIENCE OF FOREIGN COUNTRIES AS TO PROTECTION AND DEFENDING OF AUTHOR’S AND RELATED RIGHTS ON MUSICAL COMPOSITION

2020 ◽  
Vol 33 (20) ◽  
pp. 53-57
Author(s):  
M.S. Utkina ◽  
A.I. Holovach
Keyword(s):  
Public Relations ◽  
Effective Means ◽  
Legal Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Musical Composition ◽  
The European Union ◽  
Musical Work ◽  
Unlimited Number ◽  
Foreign Countries

The modern European mechanism of author’s relations was defined in the article by authors. It was determined the achievements of European legislation on the convergence of legal and digital realities. The article deals with copyright issues on the Internet. The current state of development of the domestic music industry plays an important economic role. This is due, first of all, to the fact that the given sphere can generate a large part of incomes. Musical works accompany us in our daily lives. In particular, in most places on the streets music can be heard. However, the issue arises as to the legality of the use of the institution of this musical work, in particular the issue of infringement of the rights of authors and performers of such copyright and related rights. The era of the digital single market has the potential to distribute and scale to any work: the artist records his work, and furthermore, his work gains an unlimited number of listenings to an unlimited number of users. It is quite understandable the desire of the authors and performers to earn income from the music, but minimizing the number of reproductions of their work. It is for this reason that the question of finding the optimal and effective means of the legal protection of a work of music as an object of copyright and related rights is being updated, due to the need to align the national legal framework with the provisions of the legislation of the countries of the European Union. The object of the study is public relations, regarding the legal regulation of the protection and protection of a musical work as an object of copyright and related rights. The subject of the research is the legal norms of Ukraine and foreign countries, devoted to the problems of legal regulation of the protection and protection of a musical work as an object of copyright rights and related rights. Keywords: copyright and related rights, music, copyright, royalties.

scholarly journals FORMALLY UNCERTAIN TERMS AS A MEANS OF LEGAL INFLUENCE

2020 ◽  
Vol 73 (4) ◽  
pp. 27-32
Author(s):  
Оleksandr Kurakin ◽  
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Modern Society ◽  
Legal Regulation ◽  
Legal Norm ◽  
Social Significance ◽  
Legal Norms ◽  
Legal Response ◽  
Ability To Act ◽  
The Subject

The effectiveness of legal influence on relations in modern society is determined along with other factors and the perfection of legal terminology used in regulations. The need to improve the quality of legal activity in Ukraine necessitates the study of the regulatory possibilities of legal terms, among which a special place is occupied by formally indefinite terms that cause formal uncertainty of legal norms. The use of formally indefinite terms in legal norms and the issue of legal influence in the domestic literature are not specifically considered, respectively, need further study to formulate certain scientific generalizations and practical recommendations that can be used to improve the legal regulation of public relations in Ukraine. The author proposes to consider the valuation concepts as enshrined in the legal norm abstract characteristics of the social significance of real or potential facts. It must be specified during its application or implementation. This ensures the legal response of the state to all individualized facts, which are characterized by the significance fixed in the legal norm. In addition, the specific features of intermediate concepts that distinguish them from the evaluative and formally defined are highlighted. Analyzing them, the author concludes that the categories of "legal regulation" and "legal influence" are correlated as general and specific, and the boundary separating them is quite conditional. Noting the inseparability of legal influence and legal regulation, the author points out that at the same time does not deprive them of differences. The subject of legal regulation is somewhat narrower than the subject of legal influence. The latter includes such economic, political and social relations, which are not regulated by law, but to which they in one way or another extend their influence. If legal regulation, as a special legal influence, in any case is associated with the establishment of specific rights and obligations of subjects, with direct instructions about what is necessary and possible, the legal influence is not always. The relationship, unity and separation of legal influence and legal regulation suggest the need for a generalized approach to these legal phenomena. This position is confirmed by the author, focusing on formally vague norms, in particular those that contain intermediate concepts. Such concepts have a special ability to act as a means of legal influence, both related and unrelated to legal regulation. This ability stems from the properties of intermediate concepts, primarily from the ability to be a means and source (and this is the influence) of legal regulation. Summing up, the author notes that one of the means of legal influence, which accompanies legal regulation and is not directly related to it, are formally vague, in particular, intermediate (semi-valued) concepts. The study of this category of legal terms, their place and role in legal techniques, the ability to regulate public relations and influence them is one of the ways to determine ways to improve the legal regulation of social relations in the modern state.

scholarly journals Contemporary trends in the judicial practice of compensation for damage in commissioning environmental crimes

2021 ◽  
Vol 118 ◽  
pp. 03027
Author(s):  
Aleksander Salyakhovich Blankov ◽  
Olga Borisovna Vinogradova ◽  
Rezo Tengizovich Gaprindashvili ◽  
Yulia Rudolfovna Orlova ◽  
Svetlana Petrovna Portyankina
Keyword(s):  
Preliminary Investigation ◽  
Economic Value ◽  
Environmental Safety ◽  
Legal Regulation ◽  
Point Of View ◽  
Environmental Harm ◽  
Environmental Damage ◽  
Judicial Practice ◽  
Long Time ◽  
Environmental Crimes

The prerequisites for the research were a comprehensive analysis of the state of environmental safety in the Russian Federation indicative of negative trends in this area including the compensation for harm caused as a result of committing environmental crimes. The article presents the results of the analysis of the criminal case files related to compensation for harm caused as a result of committing environmental crimes. The research authors noted such a feature of environmental crimes that when they are committed, the damage is caused to objects that have both environmental and economic value. Often, at the same time, environmental damage is caused to a certain extent by economic (property) damage (harm) which significantly complicates the resolution in practice of the issue related to compensation for harm caused as a result of committing environmental crimes. The core problem identified by the authors is that environmental harm from the point of view of its complex manifestation cannot be detected immediately, but after a rather long time; there are cases when it can be completely irreparable. The authors made an attempt to summarise the law enforcement practices of Russian courts related to compensation for harm caused as a result of committing environmental crimes, both at the stage of preliminary investigation and judicial proceedings, consider the types of harm to be compensated and the recovery procedure, identify problems arising during compensation for various types of harm. Based on the research results, measures aimed at improving the mechanism of legal regulation of compensation for harm caused as a result of violation of environmental safety rules were proposed; the need for legislative consolidation of the criteria for determining the amount of compensation for harm by the courts, as well as the need for specialisation of courts considering cases related to environmental offences.

scholarly journals The Role of Budgetary Regulation in Modern Society

2020 ◽  
Vol 15 (11) ◽  
pp. 122-132
Author(s):  
R. V. Tkachenko
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Modern Society ◽  
Legal Regulation ◽  
National Product ◽  
Financial Activity ◽  
The Russian Federation ◽  
Definition Of ◽  
Legal Entities

The paper is devoted to the consideration of issues related to the legal regulation of the system of methods of distribution and redistribution of a part of the national product between different budgets of the RF budget—budgetary regulation in the Russian Federation. The author focuses on the peculiarities and features of the financial and legal category “budgetary regulation”, examines various approaches to the definition of this concept, studies the key principles of budgetary law, on which the system of methods of budgetary regulation is based, shows the significance that budgetary regulation acquires in the modern society. It is determined that the rules of financial law regulate a whole set of public relations related to public financial activity in the area, including the system of primary and secondary legal measures aimed at ensuring the balance and autonomy of budgets of the budget system of the Russian Federation. The author concludes that in modern conditions the budgetary regulation in the Russian Federation is aimed not only at distribution and redistribution of income, but also at optimization and restructuring of expenditure obligations of public legal entities.

Legal Providing of Application of Energy Effective Lightning Technology and Intellectual Networks in the Conditions of Digital Economy

2019 ◽  
pp. 123-128 ◽  
Author(s):  
Maksim V. Demchenko ◽  
Rostislav O. Ruchkin ◽  
Eugenia P. Simaeva
Keyword(s):  
Public Relations ◽  
New Technologies ◽  
Electric Power Industry ◽  
Legal Regulation ◽  
Power Grids ◽  
Smart Power ◽  
Smart Power Grids ◽  
Russian Economy ◽  
Intellectual Networks ◽  
Efficient Power

The article substantiates the expediency of improving the legal support for the introduction and use of energy-efficient lighting equipment, as well as smart networks (Smart Grid), taking into account the ongoing digitalization of the Russian economy and electric power industry. The goal of scientific research is formulated, which is to develop practical recommendations on optimization of the public relations legal regulation in the digital power engineering sector. The research methodology is represented by the interaction of the legal and sociological aspects of the scientific methods system. The current regulatory and legal basis for the transformation of digital electricity relations has been determined. The need to modernize the system of the new technologies introduction legal regulation for generation, storage, transmission of energy, intelligent networks, including a riskbased management model, is established. A set of standardsetting measures was proposed to transform the legal regulation of public relations in the field of energyefficient lighting equipment with the aim of creating and effectively operating a single digital environment, both at the Federal and regional levels. A priority is set for the development of “smart” power grids and highly efficient power equipment in the constituent entities of the Russian Federation through a set of legal, economic (financial), edu cational measures.

Modern Conception of Combined “ICS”-approach (“Information, Cybernetic and Synergetic”) for Analysis and Optimization of Legal Ergasystems

2020 ◽  
Vol 2 (1) ◽  
pp. 59-81
Author(s):  
D. A. Lovtsov ◽  
Keyword(s):  
Public Relations ◽  
Functional Organization ◽  
Dynamic Equilibrium ◽  
Physical Nature ◽  
Legal Regulation ◽  
Cybernetic System ◽  
Methodological Principles ◽  
Definition Of ◽  
Concept Of Information ◽  
Theoretical Apparatus

Introduction. The lack of a coherent systemology law does not enable the use of evidence-based formalization to solve the basic theoretical problems of law interpretation and enforcement. The development of an appropriate formal-theoretical apparatus is possible on the basis of a productive systemological concept. The justification of this concept is based on the study of philosophical bases and fundamental principles (integrity, dynamic equilibrium, feedback, etc.) and the use of logical and linguistic methods of problem-oriented system approach. Theoretical Basis. Methods. The conceptual and logical modeling of legal ergasystems, the systems analysis and resolution of the theory-applied base of technology of two-tier legal regulation; the synthesis and modification of private scientific results of the author published in 2000–2019, with copyright in the author’s scientific works and educational publications. Results. The contemporary conceptual variant of combined “ICS”-approach (“information, cybernetic and synergetic”) as a general methodology of analysis and optimization of legal ergasystems, as characterized by the following conditions: the substantiation of the appropriate three-part set of methodological research principles, corresponding to the triple-aspect physical nature of the study of complex legal systems as ergasystems; the clarification of the conceptual and logical model of the legal ergasystem taking into account the fundamental feedback principle; the definition of the law of necessary diversity of William R. Ashby is justified and corresponding conditions of realize of effective technology of two-level (normative and individual) legal regulation; the definition of basic concepts and methodological principles of modern systemology of legal regulation; the justification of the functional organization of the Invariant Rational Control Loop. Discussion and Conclusion. A developed conceptual object-oriented version of combined “ICS”-approach for analysis and optimization of legal ergasystems is a methodological basis for the development of a working formal-theoretical apparatus of legal regulation systemology. This will formalize the decisions of the main theoretical problems of law interpretation and enforcement, as well as developing and implementing special information and legal technologies based on the concept of information and functional databases and knowledge. This will in turn ensure the information increases the effectiveness of the system of legal regulation of public relations as an information and cybernetic system subject to the subjective organizing process of human activity and the objective synergetic processes of disorganization.

Reparation for Environmental Damage in Jus Post Bellum

2017 ◽  
Author(s):  
Ilias Plakokefalos
Keyword(s):  
Armed Conflict ◽  
Environmental Law ◽  
Shared Responsibility ◽  
Armed Conflicts ◽  
Environmental Harm ◽  
Environmental Damage ◽  
Jus Post Bellum ◽  
Typical Situation ◽  
Sharing Responsibility

This chapter explores the problems that environmental damage in armed conflict pose to the determination of shared responsibility, and especially the determination of reparations, in the context of the jus post bellum. When two actors are engaged in armed conflict, there arise no serious issues as to sharing responsibility for violations. But the fact that modern armed conflicts often involve more than two actors (e.g. Libya 2011) complicates the matters arising out of environmental harm, as there may be two or more actors contributing to the same harmful event. This is a typical situation of shared responsibility. Shared responsibility provides that the problem of reparations for environmental harm is to be examined in situations where there is a multiplicity of actors that contribute to a single harmful outcome. This definition covers the breach of obligations under jus ad bellum and jus in bello, as well as under international environmental law.

Legal aspects of the brand protection in Ukraine and world

2020 ◽  
pp. 133-143
Author(s):  
Ivanna Babetska
Keyword(s):  
Public Relations ◽  
Practical Importance ◽  
Legal Protection ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Scientific Article ◽  
Protection Mechanism ◽  
Brand Protection ◽  
Wide Range ◽  
International Regulations

Purpose. The purpose of the scientific article is to establish the ratio of the meanings of the concepts "trademark", "brand" and "well-known" trademark and then to characterize their common and distinctive features. Indicate the gaps in current legislation and the need to refine certain rules in this aspect to determine the aspects of protection and protection of the brand. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, dialectical, logical-semantic, logical-normative, system-structural. Results: in the course of the conducted study, the main and optional components of the brand are determined, which make it possible to determine the features of its legal protection. It has been proved that despite a fairly wide range of domestic and international regulations, there are certain shortcomings of the brand protection mechanism. Originality. The study found that a trademark differs from a brand in that a trademark is a designation that is only the basis of the brand, as for the trademark are not essential such properties of the designation as a certain level of information among consumers and quality as a basis. gaining a reputation; the concept of "brand" is an evaluative, conditional concept, and therefore its consolidation at the regulatory level is impractical. It is sufficient to establish the factors on the basis of which the trademark can be considered "well known". A "well-known" trademark is a designation that is familiar to a wide range of consumers through its use to designate certain goods. Practical importance. The results of the study can be used in law-making activities for the purpose of legal regulation of public relations in the sphere of legal protection of the brand.

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