scholarly journals Trends in State Regulation of Russian Mass Media: a Legal Aspect

2020 ◽  
Vol 9 (2) ◽  
pp. 231-246
Author(s):  
Ivan Pankeev ◽  
Alexey Timofeev
Keyword(s):  
Legal Aspect ◽  
Legal Aspects ◽  
State Regulation ◽  
The State ◽  
The Other ◽  
Fake News ◽  
Other Information ◽  
Negative Effect ◽  
Russian Media ◽  
Media Reports

The article deals with major trends in state regulation of Russian media landscape in the period 2017-2020, which features a large amount of fake news, extremist publications and other information harmful for the people and the society. The authors analyze the key measures taken by the state in order to protect the population from such information and diminish its negative effect, define the problems and difficulties that journalists and Internet-users face, and propose ways of addressing the problems. The article focuses on legal aspects of the governmental bans and regulatory policy as, in the authors opinion, they are primary to the other measures (economic, technological, etc.). Special attention is paid to the state legislative response to such threats as fake news, suicide, drug abuse, extremist or terrorist propaganda, and foreign agents financial impact on Russian media. The research involved an analysis of media reports on the relevant issues, as well as a study of the recent changes in the legislation concerning media landscape and results of other researches in this field. The authors infer that there are two major trends in the state regulation: one is liberalization of privacy laws for media landscape, and the other is harsher punishments for spreading extremist information, fake news and other state abusive content. However, such control should not be always viewed as negative.

Th e Economy

2010 ◽  
Author(s):  
Peter Baldwin
Keyword(s):  
Labor Market ◽  
Working Hours ◽  
Bertolt Brecht ◽  
State Regulation ◽  
The State ◽  
The Other ◽  
Free Markets ◽  
Long Line ◽  
The Government ◽  
New Jobs

Let Us Begin Where Everything Starts, with the economy and the labor market. This is perhaps where contrasts are thought to be sharpest. America—so the proponents of radical differences across the Atlantic argue—worships at the altar of what West German chancellor Helmut Schmidt once called Raubtierkapitalismus, predatory capitalism, where the market sweeps everything before it and the state exerts no restraint. The result is what another German chancellor, Gerhard Schröder, called amerikanische Verhältnisse, “American conditions,” plucked straight out of a play by Bertolt Brecht: America’s labor market is untrammeled and cruel, jobs are insecure and badly paid. Americans live to work, while Europeans work to live. That is the story. But is it true? America’s core ideological belief is oft en thought to be the predominance of the market and the absence of state regulation. “Everything should and must be pro-market, pro-business, and pro-shareholder,” as Will Hutton, a British columnist, puts it, “a policy platform lubricated by colossal infusions of corporate cash into America’s money-dominated political system. . . . ” Hutton stands in a long line of European critics who have seen nothing but the dominance of the market in America. There is some truth to the American penchant for free markets. But the notion that the Atlantic divides capitalism scarlet in tooth and claw from a more domesticated version in Europe has been overstated. When asked for their preferences, Americans tend to assign the state less of a role than many—though not all—Europeans. Proportionately fewer Americans think that the government should redistribute income to ameliorate inequalities, or that the government should seek to provide jobs for all, or reduce working hours. On the other hand, proportionately more Americans (by a whisker) than Germans and almost exactly as many as the Swedes think that government should control wages, and more want the government to control prices than Germans. Proportionately more Americans believe that the government should act to create new jobs than the Swedes, and about as many as the Germans, Finns, and Swiss. The percentage of Americans that thinks the state should intervene to provide decent housing is low.

scholarly journals Legal aspect of social entrepreneurship

2019 ◽  
Vol 91 ◽  
pp. 08071 ◽  
Author(s):  
Uliana Filatova ◽  
Nina Semeryanova ◽  
Svetlana Suslova ◽  
Alena Gabudina ◽  
Anna Kopytova
Keyword(s):  
Social Entrepreneurship ◽  
Legal Aspect ◽  
Legal Framework ◽  
The State ◽  
Point Of View ◽  
The Other ◽  
Social Entrepreneurs ◽  
Economic Relations ◽  
The One ◽  
Definition Of

The article discusses the main issues of definition of social entrepreneurship, both from economic and legal point of view. Since Russian legislature is only at the beginning of the way to create legal framework for activities, legislation on social entrepreneurship seems fragmentary and inconsistent. All of that adversely affects development of social entrepreneurship. Official city statistics (Nizhnevartovsk) show that less than a third of all entrepreneurs are interested in this type of activity; entrepreneurs who already have business in the field of social entrepreneurship mostly do not plan to expand current activities in this area. Analysis can contribute to creation of developed socio-economic relations in Russia. It can be achieved by building effective relations between social entrepreneurs and beneficiaries on the one hand, and also between social entrepreneurs and the state on the other.

scholarly journals Prank Journalism as a New Genre in Russian Media Landscape

2018 ◽  
Vol 7 (3) ◽  
pp. 361-370
Author(s):  
Alexander Sukhodolov ◽  
Elizaveta Kudlik ◽  
Alla Antonova
Keyword(s):  
Media Coverage ◽  
Legal Aspects ◽  
Phone Call ◽  
Fake News ◽  
Social Image ◽  
Media Space ◽  
Youth Subculture ◽  
Russian Media ◽  
Ethical Component

The article aims at theorizing the phenomenon of prank journalism. The authors explain the need for new formats of searching for information in the context of information wars. The concept prank is defined in general, at the same time it is analyzed in the psychological, socio-cultural and legal aspects, a psychological and social image of a prankster is drawn. The article describes the process of a prank phone call evolving first into a youth subculture and then into a new genre of journalism. The aspects of the prank subculture are described from the viewpoint of anthropology and its media coverage is characterized. Some aspects of the beginnings of prank journalism in the Russian media space are considered, Examples of prank journalism in the Western media space are given. The article states reasons for the introduction of political prank in the Russian media space. The article offers basis for comparing a pranksters and journalists activities, and describes the ethical component of prank journalism. The article gives a brief characteristic of stages of creating a prank. The role of the personal factor in a prank journalists job is defined as exemplified by Alexey Stolyarov (Lexus) and Vladimir Kuznetsov (Vovan), the founders of the Russian intellectual prank. Examples of some well-known pranks from the recently published book by Vovan and Lexus For Whom the Phone Rings? are given. The article offers criteria for rating pranks as instruments for creating fake news as exemplified by the prank about the victims in the Kemerovo Winter Cherry mall, disseminated by a Ukrainian prankster. The prank is considered in a dichotomy: as information terrorism and as a kind of fact journalism. The article states how the prank is characterized by professional journalists and media people. The article makes a conclusion about the place of prank journalism in the modern media space.

scholarly journals ASPEK HUKUM INFORMED CONSENT DAN PERJANJIAN TERAPEUTIK

2019 ◽  
Vol 8 (2) ◽  
pp. 95
Author(s):  
Muh Amin Dali ◽  
Warsito Kasim
Keyword(s):  
Informed Consent ◽  
Health Services ◽  
Legal Aspect ◽  
Secondary Data ◽  
Medical Personnel ◽  
Legal Aspects ◽  
The State ◽  
Care Workers ◽  
The Relationship

(Legal Aspect Of Informed Consent And Therapeutic Agreement). Health is one of the basic rights guaranteed by the state. Therefore, the state is obliged to prepare instruments to protect the health services of citizens. In practice, one of the tools regulated by the state in guaranteeing health services is the Medical Action Agreement. In the medical world, Medical Action Approval is better known as Informed Consent. The approval of this Medical Action will be contained in a written agreement known as the Therapeutic Agreement. This study aims to analyze the legal aspects of informed consent and therapeutic agreements based on formal law in Indonesia. The scope of the discussion is the study of the relationship between the Patient Party and the Medical Personnel in the Informed Consent and Therapeutic Agreement and analysis of its formal legal aspects. The results of the study are expected to be a legal reference for the community and also the medical staff so as to increase understanding and legal awareness that lead to improving the quality of health care workers. The approach used in this study is a normative juridical approach and analytical descriptive nature. This study uses secondary data obtained from primary and secondary legal materials. The results of the study describe the analysis of the legal aspects of protecting the rights and obligations of health services for both patients and medical personnel.Kesehatan adalah salah satu hak dasar masyarakat yang dijamin oleh negara. Maka dari itulah negara berkewajiban menyiapkan perangkat-perangkat dalam melindungi hak pelayanan kesehatan warga negara. Dalam praktiknya, salah satu perangkat yang telah diatur oleh negara dalam menjamin pelayanan kesehatan adalah Persetujuan Tindakan Medis. Dalam dunia medis, Persetujuan Tindakan Medis lebih dikenal dengan istilah Informed Consent. Persetujuan Tindakan Medis ini akan dituangkan dalam perjanjian tertulis yang dikenal dengan Perjanjian Terapeutik. Penelitian ini bertujuan untuk menganalisis Aspek Hukum informed consent dan Perjanjian Terapeutik berdasarkan hukum formil di Indonesia. Ruang lingkup pembahasan adalah pada kajian mengenai hubungan antara Pihak Pasien dan Pihak Tenaga Medis dalam Informed Consent dan Perjanjian Terapeutik serta analisis aspek hukum formilnya. Hasil penelitian diharapkan dapat menjadi referensi hukum bagi masyarakat dan juga para tenaga medis sehingga dapat meningkatkan pemahaman dan kesadaran hukum yang mengarah pada peningkatan kualitas pelayan kesehatan. Pendekatan yang digunakan dalam penelitian ini adalah pendekatan yuridis normatif dan bersifat deskriptif analitis. Penelitian ini menggunakan data sekunder yang diperoleh dari bahan hukum primer dan sekunder. Hasil penelitian mendeskripsikan analisis aspek hukum tentang perlindungan hak dan kewajiban pelayanan kesehatan bagi pihak pasien maupun tenaga medis.

scholarly journals LEGAL RESPONSIBILITY IN THE SYSTEM OF THE MECHANISM OF INFLUENCE ON MIGRATION RELATIONS

2021 ◽  
Vol 6(72) (3) ◽  
pp. 357-365
Author(s):  
K. V. Trifonova
Keyword(s):  
Law Enforcement ◽  
Legal Liability ◽  
Legal Regulation ◽  
Legal Aspects ◽  
State Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Regulation Mechanism ◽  
Legal Analysis ◽  
Definition Of

In the article, from the standpoint of legal science and practice of state regulation of migration relations, the author examines the application of legal liability to violators of the norms of migration legislation. The author conducts a theoretical and legal analysis of the institution of legal responsibility. The definition of legal responsibility as a legal reaction of society and the state to the unlawfulness of actions (inaction) allows us to conclude that the introduction by the state of special legal regulation is a form of disposition of state power. The implementation of legal responsibility in the dynamics of legal regulation is characterized by the intertwining of regulatory, substantive and procedural and legal aspects, which allow ensuring the passage of responsibility through all stages and procedures of legal regulation, which creates an ordering effect. In conclusion, the author points out that legal responsibility, being an element of the legal regulation mechanism, clearly demonstrates its specificity and features, as well as general efficiency in the law enforcement process of imposing punishment.

scholarly journals Structure and Play: Rethinking Regulation in the Higher Education Sector

2007 ◽  
Vol 21 (5) ◽  
pp. 367-374
Author(s):  
Kerry Harman ◽  
Erik Bohemia
Keyword(s):  
Higher Education ◽  
Power Relations ◽  
State Regulation ◽  
The State ◽  
Education Sector ◽  
The Other ◽  
Distributed Power ◽  
Art And Design

This paper explores possible tactics for academics working within a context of increasing regulation and constraint. One suggested tactic is to move outside of a creativity–conformity binary. Rather than understanding creativity and conformity as separable, where one is seen as excluding the other, the authors consider the potential of examining the relationships between them. The theme of ‘structure and play’ illustrates the argument. In the first part of the paper, using various examples from art and design – fields generally associated with creativity – the authors explore the interrelatedness of creativity and conformity. For example, how might design styles, which are generally understood as creative outcomes, constrain creativity and lead to conformity within the design field? Is fashion producing creativity or conformity? Conversely, the ways in which conformity provides the conditions for creativity are also examined. For example, the conformity imposed by the state on artists in the former communist bloc contributed to a thriving underground arts movement which challenged conformity and state regulation. Continuing the theme of ‘structure and play’, the authors recount a story from an Australian university which foregrounds the ongoing renegotiation of power relations in the academy. This account illustrates how programmatic government in a university, with its aim of regulating conduct, can contribute to unanticipated outcomes. The authors propose that a Foucauldian view of distributed power is useful for academics operating in a context of increasing regulation, as it brings into view sites where power might begin to be renegotiated.

scholarly journals PROBLEMS OF ENERGY SAVING IN APARTMENT BUILDINGS: ECONOMIC AND LEGAL ASPECT

2020 ◽  
pp. 89-94
Author(s):  
Ye.M. Akhromkin ◽  
◽  
I.V. Zablodska ◽  
A.O. Akhromkin ◽  
◽  
...  
Keyword(s):  
Energy Saving ◽  
Legal Aspect ◽  
Electricity Consumption ◽  
Legal Aspects ◽  
State Regulation ◽  
National Commission ◽  
Electrical Networks ◽  
Apartment Buildings ◽  
Legislative Framework ◽  
To Come

The article highlights the results of a study of the economic and legal aspects of energy saving in associations of co-owners of apartment buildings in Ukraine. It is determined that a large number of apartment buildings inhabitants have already taken advantage of borrowing funds for energy modernization of their homes. The article presents the classification of the main losses of electricity and states that along with the term “losses of electricity”, the term “losses of electricity in electrical networks during its transportation” and “technological losses of electricity” are widely used. Modern electricity losses also include direct thefts of electricity, which are caused by deliberate changes in the circuits of measuring transformers of current, voltage, measuring circuits and electricity meters, as well as data changes in information systems for distortion. It is noted that in recent years the legislative framework of Ukraine has significantly improved, a large number of modern regulations have been developed to stimulate increased conscious electricity consumption by setting clear limits on the responsibility of businesses for the operation of their own utilities (including electricity) by establishing instrumental control on the border of balance ownership of objects. Such changes in the legislative field are dictated by the reorientation of Ukraine to European norms of thinking and management standards, the main message of which is the economic stimulation of the development of the energy sector. The considered normative legal acts regulating the issue of installation of general household commercial electricity meters allowed to come to the conclusion that the state, with the help of the National Commission for State Regulation of Energy and Utilities, consciously takes into account future electricity losses in tariffs for service distribution (transmission) of electricity. This approach is unacceptable due to the violation of the principle of fairness and efficiency. The article emphasizes that energy saving should become not just a priority for Ukraine, but one of the main goals on the way to building the country's economy.

scholarly journals MINIMIZATION OF PROBLEM LOANS IN BANKS: ECONOMIC AND LEGAL ASPECT OF STATE REGULATION

2021 ◽  
Vol 2 (37) ◽  
pp. 47-54
Author(s):  
O. Kostyuchenko ◽  
M. Stefanchuk ◽  
D. Korobtsova ◽  
O. Soniuk
Keyword(s):  
Life Cycle ◽  
Government Regulation ◽  
Legal Aspect ◽  
Banking System ◽  
Legal Regulation ◽  
State Regulation ◽  
The State ◽  
Negative Consequences ◽  
Political Crises ◽  
State Coercion

Abstract. The authors of the article have studied the problem of managing non-performing loans within loan portfolios. It has been substantiated that Ukraine as a developing country is in such socio-economic conditions of development that increase credit risks for banks. Numerous studies of the determinants for the formation of loans portfolios in countries with different levels of economic development demonstrate that developing countries are prone to negative consequences that lead to insolvency of debtors in case of a drop in the GDP, inflation, legal uncertainty, political crises, etc. The lack of long-term experience of banks in solving problems of increasing the share of non-performing loans in banks’ portfolios demonstrates that minimization of such assets requires regulation at the level of the banking system, but not a separate bank. Based on statistical data, it has been demonstrated that the minimization of problem loans of banks gained significant positive dynamics only after the National Bank of Ukraine regulated the process of managing distressed assets by adopting a regulatory act. Detailing the process of legal regulation of managing distressed assets allowed banks to structure and organize the work of their divisions in accordance with the normatively defined life cycle of distressed asset in such a way that all measures taken by them affect the efficiency of their work. Using permits, prohibitions and obligations as legal means of regulating relations between banks and their debtors, those relations have become predictable, allowing banks to control the process of managing non-performing loans and make timely decisions on the use of tools to minimize the share of distressed assets of the bank. The wide choice and consistency of applying financial and legal instruments in the process of managing non-performing loans allows banks to maximize the contractual settlement of debt and address to the competent authorities for the application of state coercion to debtors. Direct prohibitions, which are provided in the procedure of writing-off impaired assets, prevent corruption manifestations in this process. However, the authors have argued that the practice of 2008—2019 in terms of managing non-performing loans of banks demonstrated that the effectiveness of this process directly depends on government regulation. If the economic preconditions for the formation of problem loans depend on various factors of objective and subjective nature, then the management of non-performing loans directly depends on the existing legal models in the state for solving this problem. The autonomy of banks and their right to independently determine their strategies for managing distressed assets does not provide the desired efficiency without the imperative intervention of the central bank. Thus, the state regulation of the life cycle of distressed assets has demonstrated its effectiveness, and thus confirmed the need for regulatory influence on the processes of minimizing non-performing loans in Ukrainian banks. Keywords: non-performing loans, distressed assets, agreement-based regulation, state influence, state coercion, legal regulation. GEL Classification G18, G21, G34, K12, K42 Formulas: 0; fig.: 2; tabl.: 0; bibl.: 12.

scholarly journals PELINDUNGAN HUKUM ATAS VAKSIN COVID-19 DAN TANGGUNG JAWAB NEGARA PEMENUHAN VAKSIN DALAM MEWUJUDUKAN NEGARA KESEJAHTERAAN

2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Muh. Ali Masnun ◽  
Eny Sulistyowati ◽  
Irfa Ronaboyd
Keyword(s):  
Intellectual Property Rights ◽  
Large Scale ◽  
Trade Secret ◽  
Legal Aspects ◽  
The State ◽  
The Other ◽  
Social Distancing ◽  
Advantages And Disadvantages ◽  
The Face ◽  
National Disaster

Abstract The Covid-19 pandemic that has plagued various fields of life, both in the economic, political, education, until the Covid-19 pandemic outbreak was declared as national disaster. Based on that, various efforts are continuously being pursued for strategies to tackle the spread of the virus which has claimed a relatively large number of lives. Among other things, these efforts are through the policy of Large-Scale Social Restrictions, social distancing, including efforts to find the vaccine. The purpose of this study is to analyze the legal aspects of the Covid-19 vaccine and the responsibility of the State in fulfilling the Covid-19 vaccine. This research typology is a doctrinal research using primary and secondary legal materials using analytical descriptive. Based on the results of the analysis, it can be explained that the Covid-19 vaccine, besides having economic aspects, also has legal aspects that deserve attention. The economic aspect is that the Covid-19 vaccine is a necessity for everyone in the face of a pandemic, so that vaccines will become a sexy commodity that is definitely targeted and has high selling power. On the other hand, in supporting these commodities, it needs to be protected through a legal instrument known as protection of intellectual property rights, namely through a patent regime or trade secret. Choosing one of these has both advantages and disadvantages, so it needs to be considered carefully. The exclusivity of the Covid-19 vaccine in IPR is not something that can be exploited indefinitely, but the State can exist as a form of its responsibility through the application of compulsory licenses or disclosure of confidential information. Keywords: legal aspects; covid-19 vaccine dutch cemetry; responsibility of the stateAbstrakPandemi Covid-19 yang telah mewabah telah memberikan dampak berbagai bidang kehidupan, baik bidang ekonomi, politik, pendidikan, hingga kemudian wabah pandemi Covid-19 dinyatakan sebagai bencana nasional. Berdasarkan hal tersebut berbagai upaya terus diupayakan strategi untuk menanggulangi penyebaran virus yang telah menelan korban jiwa relatif banyak. Antara lain upaya tersebut melalui kebijakan Pembatasan Sosial Berskala Besar (PSBB), menjaga jarak (social distancing), termasuk upaya menemukan vaksinnya. Tujuan dari penelitian ini untuk menganalisis aspek hukum atas vaksin Covid-19 dan tanggung jawab Negara dalam pemenuhan vaksin Covid-19. Tipologi riset ini merupakan penelitian doktrinal dengan menggunakan bahan hukum primer maupun sekunder dengan menggunakan deskriptif analitis. Berdasarkan hasil analisis dapat dijelaskan bahwa vaksin Covid-19 di samping memiliki aspek ekonomi juga memiliki aspek hukum yang sangat patut diperhatikan. Aspek ekonomi bahwa vaksin Covid-19 sebagai kebutuhan semua orang dalam menghadapi pandemi, sehingga vaksin akan menjadi komoditi seksi yang sudah pasti diincar dan memiliki daya jual tinggi. Di sisi lain dalam menunjang komoditi tersebut perlu dilindungi melalui instrumen hukum yang dikenal dengan pelindungan hak kekayaan intelektual yakni melalui rezim paten atau pun rahasia dagang. Pemilihan salah satu tersebut masing-masing memiliki kelebihan maupun kelemahan, sehingga perlu dipertimbangkan secara matang. Eksklusivitas vaksin Covid-19 dalam HKI bukanlah sebuah hal yang dapat dieksploitasi tanpa batas, melainkan Negara dapat hadir sebagai bentuk tanggung jawabnya melalui penerapan lisensi wajib atau pengungkapan informasi yang bersifat rahasia.

scholarly journals Assessment of the current state of the hunting economy development in Ukraine

2020 ◽  
Vol 67 (6) ◽  
pp. 18-32
Author(s):  
V. Muzyka ◽  
O. Honta
Keyword(s):  
National Economy ◽  
Animal Species ◽  
Legal Aspects ◽  
State Regulation ◽  
The State ◽  
Necessary Condition ◽  
Full Time ◽  
Current State ◽  
Investigation Period ◽  
High Level

The national branch of the hunting economy is an integral part of the national economy of the state and plays one of the important roles in the use and conservation of natural resources, which is the necessary condition for further development of the state. It should be noted that during the investigation period the development of the hunting industry is unsatisfactory and is characterized by high level of losses of many hunting farms and low number of hunted animal species. This encourages many national scientists to find the ways to improve the functioning of this area of national economy. Many national researchers, particularly: V. Bondarenko, G. Govda, P. Khoyetsky, R. Novikov, Y. Muravyov, A. Volokh, A. Bashta, V. Burmas, I. Delegan, V. Myronenko, O. Protsiv, I. Sheremeta and others devoted their investigations to the problems and prospects of the development of this field, as well as to the organizational-economic and normative-legal aspects of its functioning, problems of hunting reformation and its state regulation. Most of these researches point out that national hunting industry requires reformation taking into account the successful experience of neighboring European countries. The current state of hunting economy of Ukraine is analyzed in this paper. The main economic indicators of this industry such as: change in the national hunting areas during the investigation period and their distribution among the users of different forms of ownership, the number of full-time employees of the industry and hunters, as well as the number of hunting animal species – the main resource of the hunting economy are considered. The sources of monetary income of hunting farms are given and analyzed. During the process of investigation of the current state of hunting industry, it is determined that its functioning is influenced by many negative factors, causing the loss of many domestic hunting farms. While assessing the current state of the hunting industry of Ukraine, it is found that in order to find the ways for the improvement of this industry efficiency, the comprehensive monitoring of its current state, as well as system investigation of the problems hindering its development are required.

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