scholarly journals Forest and Plant Life: Legal Problems of Distinction

2021 ◽  
pp. 84-104
Author(s):  
E. L. Minina ◽  
◽  
Yu. I. Shupletsova ◽  
Keyword(s):  
Legal Regulation ◽  
General Purpose ◽  
Green Spaces ◽  
Wild Plants ◽  
Legal Analysis ◽  
Dialectical Logic ◽  
Legal Concept ◽  
Legal Norms ◽  
Plant Life ◽  
The Status

Introduction: the article discusses issues related to the legal definition of concepts of forest and other vegetation, green spaces, as well as vegetation and plant life in general. Purpose: to perform a legal analysis of the transformation of approaches to understanding the term ‘forest’ in Soviet and modern Russian legislation. The analysis involves comparison of domestic experience with the experience of legal regulation in foreign countries and also takes into account views of Russian and foreign scientists on the relation between the legal concept of forest and vegetation outside forests. Methods: comparative legal, comparative historical, description and interpretation, theoretical methods of formal and dialectical logic, special scientific methods: formal dogmatic approach and interpretation of legal norms. Conclusions: the authors have studied legal issues concerning the status of green spaces in cities and other settlements, which is currently regulated in Russia at the regional level, in the same way as in some European countries (with the case of Austria used as an illustration in this article). Results: using specific examples, the authors have shown the process of formation of legislation on the use and protection of plant life objects, including cultivated and wild plants. Taking into account the experience of the neighboring countries and also the developments of the constituent entities of the Russian Federation, the authors made some proposals concerning the legal enshrinement of main mandatory provisions that could form the basis for further development of legislation in this sphere.

Protection of the Rights of Consumers of Services in Court and the Responsibility of the Contractor

2020 ◽  
Vol 1 ◽  
pp. 24-31
Author(s):  
A. N. Levushkin ◽  
◽  
Keyword(s):  
Public Relations ◽  
Consumer Protection ◽  
Service Provider ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Dialectical Logic ◽  
Legal Norms ◽  
Consumer Services ◽  
Political Economic

Problem Statement. We believe that a special interest is the protection of the rights of citizensconsumers in domestic service, which is considered one of the most important socially significant sectors, providing a huge variety of services. Moreover, the most acute issues are the protection of the rights of consumers of services in court and the responsibility of the service provider. Purpose and Objectives of the Study. Identify the essential features of the application of consumer protection services in court to determine some features of the responsibility of the service provider under the legislation of the Russian Federation. Research objectives: to analyze some features of protection of the rights of consumers of services in court; to determine the order of responsibility of the service provider in case of violation of the quality of the rendered service; to identify the shortcomings of legal regulation in the protection of the rights of consumers of services in court and on their legal analysis to formulate individual proposals for the reform of the current legislation. Method of Research. We used empirical methods of comparison, description, and interpretation; theoretical methods of formal and dialectical logic; historical-legal and comparative-legal methods. Results, Brief Conclusions. It is defined that the protection of consumer rights refers to the activities of the state aimed at regulating public relations that arise between a consumer and a business entity. It is established that in the entire sphere of legal regulation of consumer protection there are certain principles that determine the ways to improve consumer legal norms, taking into account political, economic, ideological and environmental conditions. They help ensure the unity of the application of legal norms in the sphere of consumer services, as well as identify ways to improve the human rights mechanism. It is argued that in ensuring the quality of household services rendered, its performers play a fundamental role. However, the correct actions on the part of the consumer, expressed in its obligation to comply with the rules for using the results of the service provided, also play a role in ensuring their proper quality. In case of rendering of household services of inadequate quality and absence of a positive result of an out-of-court dispute resolution procedure, the consumer»s right to protection is implemented by applying to the court.

scholarly journals Electronic commerce and its regulation in the European Union and China

2021 ◽  
Vol 7 (Extra-B) ◽  
pp. 37-46
Author(s):  
Lin Peiyuan
Keyword(s):  
European Union ◽  
Statistical Analysis ◽  
Group Analysis ◽  
Legal Regulation ◽  
Legal Analysis ◽  
The European Union ◽  
Legal Norms ◽  
Republic Of China ◽  
Scientific Group ◽  
Key Aspects

The article provides a statistical analysis of the trends in the development of e-commerce in the world in general and in China in particular, a comparative legal analysis of the system of legal regulation of key aspects affecting the functioning of e-commerce in the European Union and in the People’s Republic of China (further PRC). The research methodology is based on a systematic approach and includes the methods of the general scientific group (analysis, synthesis, induction, deduction), as well as special methods: statistical analysis, content analysis of scientific literature on the research topic, the method of comparative legal analysis. As a result of the study, the author came to the conclusion that the legislation of China and the European Union regarding the regulation of e-commerce is aimed at fundamentally different goals: in the EU, legislation is aimed at protecting private transactions and trade, and for China, the priority is the development of legal norms that allow the state as much as possible control electronic commercial flows and procuring a cybersecurity in e-commerce sector.

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 Features of the Commission of Fraud, Coupled with the Failure to Comply with the Provisions of a Civil Contract

2019 ◽  
Vol 12 (3) ◽  
pp. 69
Author(s):  
Togaibayeva S. S. ◽  
Yelyubayev M. S. ◽  
Aikumbeckov N. ◽  
Togaibayev A. I. ◽  
Khanov T. A.
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Legal Norms ◽  
The Republic ◽  
Fraudulent Activity ◽  
Contractual Obligations ◽  
The Moment ◽  
Objective Side ◽  
Civil Contract

The relevance of the study due to the need to consider the composition of a criminal offense in the form of fraud under the laws of the Republic of Kazakhstan. New market relations and insufficient legal regulation of certain aspects have expanded the offenders' ability to use the imperfections of legal norms for their own mercenary purposes. The difficulties arising in practical activities necessitate the clarification of controversial issues and the development of sound recommendations for the correct qualification and delimitation of fraud from other legal relations. Based on the study of practical examples of individual forms of fraud, the need for a differentiated approach to qualifications and the establishment of responsibility for fraud is indicated. The main content of the article is aimed at identifying and disclosing the basic concepts that determine the content of the considered offense and highlighting the main forms of deception that ensure the offender to achieve a criminal result. The objective and subjective characteristics of the composition of fraud are investigated, the features of establishing individual qualifying characteristics are considered. The main method of research used a comparative legal analysis of domestic legislation, used statistical data and the results of a survey of law enforcement officers. The article touches upon the problem of non-fulfillment of contractual obligations as a sign of fraud in the business sphere. Identified and investigated some signs of the objective side of fraudulent activity, in which as a cover for illegal actions, the use of civil law contracts that facilitate the commission of fraud is used. It justifies the conclusion that, taking into account the signs of the objective side, the moment of the end of fraud, coupled with non-fulfillment of contractual obligations, is different from the moment of the end of the usual fraud. Article materials may be valuable for practitioners of pre-trial investigations in terms of scientifically based proposals and recommendations on the qualification of typical fraudulent acts veiled under a civil law transaction.

scholarly journals NEW THREATS TO CYBER SECURITY OF INTERNET SPACE AND POSSIBLE LEGAL WAYS OF THEIR PREVENTION

2020 ◽  
Vol 16 (4-1) ◽  
pp. 76-87
Author(s):  
Олег Пучков
Keyword(s):  
Cyber Security ◽  
Interdisciplinary Approach ◽  
Legal Regulation ◽  
The Internet ◽  
Digital Environment ◽  
Legal Analysis ◽  
Legal Norms ◽  
Scientific Disciplines ◽  
Synergistic Approach ◽  
The Impact

The relevance of the article lies in the fact that it contains answers to the most pressing issues related to ensuring users’ safety in the Internet space. The article contains an analysis of the problems of legal regulation of relations in the digital environment, measures to counter modern threats to cyber security. Purpose: to analyze the main theoretical positions on the specifics of legal regulation of Internet relations, development of doctrinal approaches to the legal impact on the Internet space. Methods: the author uses the method of formal legal analysis, the method of interpreting legal norms, describing and interpreting scientific doctrines. General scientific methods such as methods of dialectics, comparison, and formal logic are used. Results: based on the results of the study, it is concluded that the potential of the current legal regulation is clearly insufficient to counter cyber security threats. On the ground of a synergistic approach, the interdisciplinary aspects of the stated problems are considered. It is concluded that digitalization processes in some sense «control» the legal matter, motivating the law enforcement officer to a more flexible interpretation of legal norms in order to ensure their operation in the digital environment. One of the ways to overcome methodological problems of law in the digital age is the implementation of an interdisciplinary approach, which, due to the synergy of cognitive potentials of scientific disciplines, is able to enhance the effect of the impact of law, and will allow overcoming negative processes in the digital environment.

L’opera d’arte video tra diritto e mercato

2019 ◽  
Vol 6 (1) ◽  
Author(s):  
Alessandra Donati Alessandra Donati ◽  
Eliana Romanelli
Keyword(s):  
Technological Development ◽  
Video Art ◽  
Legal Framework ◽  
Legal Regulation ◽  
Moral Rights ◽  
Legal Analysis ◽  
Collective Work ◽  
Italian Law ◽  
The Status ◽  
Creative Contribution

Despite being a form of art that dates back in time, the work of video art still struggles today to find a shared legal framework. There is a risk to associate video art with other more traditional artistic forms and this risk has prevented video art from attributing its own autonomy, independence and expressive specificity. Artists’ videos are not listed among the works expressly protected by Italian Law no. 633/1941 (Law on protection of copyright and moral rights), with all the consequences in terms of determining the holders of the moral and patrimonial rights of the author and the division of these rights between the various persons who, in various ways, contribute to their realization (artist, director, screenwriter, interpreters, music authors, etc.), especially if the video works result from the indissoluble creative contribution and the collective work of a group of people. Finally, video art inevitably suffers the limits of digital art: it is easily reproducible, perishable, not limited and numbered in its editions, subject to obsolescence resulting from technological development; these factors causes the arising of various difficulties in terms of claiming the status of a work of art in the essence of its uniqueness, originality and authenticity. The relevance of issues related to legal regulation and the conservation of video art is also relevant for the possible recognition as a cultural asset that audiovisual media of a rare and valuable nature can obtain under the Italian Legislative Decree no. 42/2004 (Code of Cultural Heritage). Of extreme importance, therefore, is the legal analysis aimed at qualifying such a medium, through which to frame its expressive nature and understand how to manage the circulation of such works of art, how to ensure their protection and preservation and ensure their authenticity and paternity.

The Protection of marine mammals in the legislation of some states

Fisheries ◽  
2021 ◽  
Vol 2021 (5) ◽  
pp. 33-42
Author(s):  
Damir Bekyashev
Keyword(s):  
Russian Federation ◽  
Marine Mammals ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Legal Norms ◽  
The Usa ◽  
The Russian Federation

The article discusses the norms of the legislation of the USA, Canada, Norway, Denmark (in part of Greenland) concerning the protection of marine mammals. A comparative legal analysis of these legal norms is carried out, the features, differences and similarities of legal regulation are revealed. Recommendations for improving Russian legislation and the possible application of the experience of foreign states in the legal regulation of the protection of mammals in the Russian Federation are developed.

scholarly journals Some issues of legal regulation (of the legal status) control and accounting bodies of municipalities

2020 ◽  
Vol 2020 (2) ◽  
pp. 82-88
Author(s):  
Oleg Kozhevnikov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Regulatory Framework ◽  
Legal Analysis ◽  
Federal Law ◽  
Government Organization ◽  
The Past ◽  
The Status ◽  
The Russian Federation

Almost three decades have passed since the appearance of the Law of the Russian Federation from 06.07.1991 No. 1550-1 «On local self-government in the Russian Federation». Over the past historical stage, the regulatory framework of local self-government and its bodies has significantly transformed: this applies to the concept of local self-government, territorial and organizational foundations, and of course the legal status of individual local self-government bodies. This article provides a comparative legal analysis of certain provisions of Federal law No. 131-FZ of 06.102.2003 «On General principles of local self-government organization in the Russian Federation» and Federal law No. 6-FZ of 07.02.2011 «On General principles of organization and activity of control and accounting bodies of subjects of the Russian Federation and municipalities» in the part concerning control and accounting bodies of municipalities. Based on the results of this analysis, significant contradictions were identified in the basic Federal normative legal acts regulating the legal status of the control and accounting body of a municipality, which need to be corrected by the Federal legislator in order to increase the level of unity and consistency in the legal regulation of the status of one of the most important bodies in the system of local self-government-the control and accounting body of a municipality.

scholarly journals TO CHARACTERIZE THE CURRENT STATE OF LEGAL REGULATION OF PENSIONS OF JUDGES

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 269-275
Author(s):  
Ю. І. Соколова
Keyword(s):  
Public Relations ◽  
Social Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Norms ◽  
Legal Provisions ◽  
The Status ◽  
General Order ◽  
Definition Of ◽  
The Impact

The relevance of the article is that when forming a theoretical and legal position on the content of a phenomenon or object, the issue of its settlement by law is especially important. The study of various aspects of judges' pensions has shown the key role of the normative component in the content of this problem, through which the legal reality establishes its influence on the relations arising in the field of pensions of judges. It should be noted that the legal regulation is characterized by the following features: it is, first, the impact of law on public relations, which is carried out through a separate group of legal instruments - legal norms; secondly, normative-legal regulation is a part of complex legal influence, in other words, it shows only one of clusters of legal regulation of the corresponding object; thirdly, the intensity, efficiency, breadth and other mechanical factors of legal regulation directly depend on the quality and system of legal provisions and norms that build the content of the category. The article, based on the analysis of scientific views of scientists, proposes the author's definition of the concept of legal regulation of judges' pensions. The main normative-legal acts of the legislative and by-law level which fix the principles of regulation of public relations in the field of pension provision of judges are singled out. It is concluded that the main feature of the legal regulation of judges' pensions is the presence of two groups of legal documents, namely: general, which establish guarantees of social protection and pensions in Ukraine as a whole, led by the Constitution, and special - the Law of Ukraine "On Judiciary and the Status of Judges" dated 02.06.2016 №1402-VIII, documents of judicial self-government bodies - establish the peculiarities of judges receiving pensions and monthly lifetime allowance. At the same time, the disadvantage of the special legal framework is the lack of norms that clearly explain the procedure and features of both types of pensions for judges, by paying them pensions in the general order and a monthly lifetime allowance. In particular, the special normative-legal base does not explain the content of the monthly lifetime cash maintenance and the main points of its legal significance.

scholarly journals PLASMA OF BLOOD: LEGAL STATUS AND TURNOVER THEREOF IN RUSSIAN AND EUROPEAN CIVIL LAW SYSTEMS

2016 ◽  
Vol 2 (4) ◽  
pp. 0-0
Author(s):  
Виолетта Трубина ◽  
Violetta Trubina
Keyword(s):  
Blood Plasma ◽  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Point Of View ◽  
Raw Material ◽  
Human Blood Plasma ◽  
Legal Norms ◽  
The Status ◽  
The Russian Federation

The shortage of blood plasma medicine in the Russian Federation has made the production of domestic medicine a top priority task of the state. Until recently the blood products were made mainly by state-owned enterprises, nowadays this has become very attractive for privately owned companies. In practice, they have to deal with the ambiguity of the status and transferability of blood plasma at different stages of the medicine production line. Therefore, the issue of legal regulation of plasma as the main raw material for the production of blood medicine has become to be a practical issue. This article attends to the problem of the nature and legal status of human blood plasma from the point of view of currently effective laws of the Russian Federation and European legislation. Special attention is paid to the basic principles applied to the use of human tissues and organs. The author reviews the legal regulation relating to the status of a human body and its organs from the point of view of international legal norms, civil legislation of the EU, Switzerland and the Russian Federation. Also, the author reasons the proprietary nature of the blood plasma as a source for biological medicine, and describes the factors limiting its transferability. The conclusion contains brief description of the legal status of the blood plasma.

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