scholarly journals Health Resorts: A Unique Phenomenon in the Tourist Market

Lex Russica ◽  
2019 ◽  
pp. 16-29
Author(s):  
I. V. Ershova
Keyword(s):  
Legal Status ◽  
Medical Tourism ◽  
Self Regulation ◽  
Legal Regulation ◽  
The State ◽  
Current State ◽  
International Regulations ◽  
Health Resorts ◽  
Legal Mechanism

The article provides a brief insight into the history and reviews the current state of the health camps and health resorts in Russia. The conclusion is drawn that over the centuries Russia has developed traditions of health and resort recreation. The author suggests that some elements of the Soviet model of the relationship between the State and health resorts be extrapolated to the modern legal ground. The paper expresses the opinion about the possibility of using the legal mechanism of health resorts self-regulation. The legal status of health resorts is considered, the spectrum of functions and services performed by them is described. The author has classified services provided into basic (medical, temporary accommodation, nutrition) and supplementary (tourist, household, entertainment, sports and recreational, trade services) services. It has been proved that the specificity of the sanatorium-resort tourist product involves the complexity of the services it includes. Their integration and merger gives a synergistic effect, which leads to an increase in the efficiency of recreation and recovery as the main goal of tourism. The paper describes the system of requirements applied to regulate the work of health camps and health resorts. The paper demonstrates the importance of health resorts, determines their place in the tourist market, dwells on the specifics of health resorts in the sphere of tourism. The author focuses on the problems and contradictions of the legal regulation of activities of health resorts, ways of their minimization. Empirically, the research is founded on statistical data and the results of the author’s questionnaires used to question different parties involved . Analysis of the results of the survey showed that most respondents do not associate health resorts with tourism. However, under Russian and international regulations, health camps and health resorts are referred to medical tourism, the main specificity of which is that it involves medical treatment. The author provides arguments in favor of the necessity of systematic work aimed to explain obvious advantages of health tourism. Attention is drawn to the role of health camps and resorts in achieving the program goals of the State.

scholarly journals FEATURES OF SELF-REGULATORY ORGANIZATIONS' ACTIVITY IN THE MECHANISM FOR CHILD PROTECTION FROM THE ADVERSE EFFECT OF THE ADVERTISEMENT

2019 ◽  
pp. 20-25
Author(s):  
A. Levchenko
Keyword(s):  
Legal Status ◽  
Negative Impact ◽  
Self Regulation ◽  
Regulatory System ◽  
The United States ◽  
Legal Regulation ◽  
State Regulation ◽  
The State ◽  
Systemic Analysis ◽  
Current State

The research aims to determine the role of self-regulatory bodies in monitoring advertising activities and in protecting the child from their adverse influence, to assess the current state of self-regulation in this area in Ukraine and to determine necessary components for its systematic implementation into domestic legal system. In order to achieve aforesaid aims the following methods of legal research have been applied: analysis, systemic analysis, generalization, legal modeling. Specifically, the method of analysis has been used to extract the features of the successful activities that are conducted by selfregulatory organization in other countries. To derive patterns and clarify the reasons for the effective activities of self-regulatory organizations, methods of generalization and systemic analysis have been used. In addition, the method of legal modeling has been elaborated in order to determine the possible ways of self-regulatory system implementation in Ukraine. The author analyzes the concept of self-regulation. The advantages of self-regulation in comparison with the state regulation are evaluated. Namely, it is done through the prism of the relevant legal experience taken from Great Britain, France, the United States of America. The conditions necessary for the implementation of a self-regulatory system are revealed. The current state of self-regulation in Ukraine is scrutinized. This makes it possible to find out the reasons for its underdevelopment in national legal context. In general, the analysis of Ukrainian legislation on advertising is carried out and the issues of the self-regulatory system in the context of protecting children from the negative impact of advertising information are studies thoroughly. Approaches and relevant empirical material analyzed within the article allow the author to arrive at following conclusions. The author identifies the value of self-regulation, particularly, its advantages in comparison with the state regulation. Additionally, the author emphasizes the lack of special legislation in Ukraine that regulates the legal status of self-regulatory organizations in the field of advertising; insufficiency of the scope of public organizations powers stipulated in the legislation; the inconsistency of the activities of a significant number of public associations in this area as well as the absence of a certain sustainable reform in outlined domain. In this vein, the connection between the lack of systemic reforms in this area, desuetude, conflict of laws, as well as incomplete legislation and the decrease in the authority of the law for the actors in the advertising industry is established. The author suggests the ways of implementation of significant institutional changes in the legal regulation for self-regulatory organizations' activities in Ukraine, primarily in terms of consolidating their legal status, functioning certain rules and principles of state control over their activities.

THE OMBUDSMAN INSTITUTION IN TURKMENISTAN

2019 ◽  
Vol 1 (XIX) ◽  
pp. 19-33
Author(s):  
Andrzej Pogłódek
Keyword(s):  
Legal Status ◽  
National Policy ◽  
Legal Regulation ◽  
The State ◽  
Fundamental Rights ◽  
Author State ◽  
Legislative Framework ◽  
Legal Mechanism

This article reviews existing Turkmenistan legislation about the legal status of Ombudsman. The analysis of normative-legal acts, which laid the legislative framework of legal regulation of the legal status of Ombudsman as an element of the state national policy to protection of fundamental rights in the Turkmenistan. This issue was analyzed based on the systematic, comparative and legal approaches. Indicated good solutions, as well as flaws in legal mechanism of serving interest of protection of fundamental rights by the Ombudsman. And conclusions of the study the author state that there is a need of the improvement of the Turkmenistan legal base of the Ombudsman.

THE ROLE OF COMMERCIAL BANKS IN THE SECURITIES MARKET AND THE CURRENT STATE OF THE STATE SECURITIES MARKET IN KYRGYZSTAN

2020 ◽  
Vol 20 (1) ◽  
pp. 204-211
Author(s):  
Gulasel Shamshieva ◽  
Keyword(s):  
Commercial Banks ◽  
Legal Regulation ◽  
The State ◽  
Securities Market ◽  
Kyrgyz Republic ◽  
Current State ◽  
The Government

This article gives a classification of securities. The investment activities and operations with securities of commercial banks, as well as the legal regulation of the activities of commercial banks in the securities market in Kyrgyzstan are examined. A review of the current state of the securities market in the Kyrgyz Republic is carried out. Volumes of debt securities are also presented. The volume of annual issue of securities for 3 years from 2017 to 2019, the volume of foreign investment in corporate securities is shown. During the review of the state of the securities market, it was concluded that commercial banks play a major role in the development of the securities market, acting as issuers, investors and intermediaries. A program for the development of the government securities market for both the medium and long term is proposed.

scholarly journals ON THE NEED FOR IMPROVEMENT OF LEGISLATION REGARDING IMPLEMENTATION OF FORENSIC SCIENCE ACTIVITIES IN UKRAINE

2020 ◽  
Vol 19 (1) ◽  
pp. 118-129
Author(s):  
E. Simakova-Yefremian
Keyword(s):  
Forensic Science ◽  
Legal Status ◽  
Legal Regulation ◽  
The State ◽  
Procedural Code ◽  
Forensic Expert ◽  
Administrative Proceedings ◽  
Improvement Of Legislation ◽  
Expert Support

The issue of reforming forensic expert support for justice and the need to improve the legislation of Ukraine regarding forensic science activity were investigated. Despite the fact that in recent years, the norms of the laws of Ukraine have been actively subjected to quite significant changes, some issues remain to be resolved on the legal regulation of forensic expert support for justice in the state. The analysis of the specialized literature and relevant legislation confirms the relevance of this issue. On the basis of studying the norms of the basic and procedural legislation regarding forensic science, proposals for its improvement are presented. So, in order to improve the legislation governing forensic science and the unambiguous application of the conceptual apparatus in this field, it is proposed to change the title of Article 1 of the Law of Ukraine On Judicial Examination and introduce the basic terms used in this Law in the the Criminal Procedural Code of Ukraine, Civil Procedural Code of Ukraine, Code of Administrative Proceedings of Ukraine. Improving the regulatory framework for the appointment and performing forensic examinations, as well as the legal status of a forensic expert on the basis of creating the proper legal status and legal support for organizing activities of the system of state forensic expert institutions, as well as forensic experts who do not work in these institutions; increasing the role of legitimate ways to motivate forensic experts; combating corruption in the field of forensics is one of the most important tasks of forensic expert support in the state. The implementation of the proposed measures will be a powerful lever of influence on the processes of improving forensic activities.

scholarly journals Peculiarities of legal regulation of port dues administration in Ukraine

2020 ◽  
pp. 184-189
Author(s):  
Olga Semchyk
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
State Regulation ◽  
The State ◽  
National Commission ◽  
Legal Basis ◽  
Public Authorities ◽  
Legal Nature ◽  
Legal Mechanism ◽  
And Control

The article highlights the issue of legislative consolidation and implementation of the powers of public authorities and other entitiesin the field of port dues in Ukraine. The imperfection of the legal support of management activities in this area is manifested in thefact that special legislation in the legal mechanism of port dues provides for the presence of a specially authorized body – the nationalcommission for state regulation in the field of transport. Such a commission should ensure the establishment of the rates of port fees,approval of the methodology for their calculation and control over the targeted use of funds from such fees. At present, the absence ofa national commission, as well as the absence of a legislative act that determines the legal basis of its activities, leads to inadequate provisionof the port collection process by the state. This is claimed, in particular, in the contradictions in determining the legal nature ofport dues, the lack of justification for their rates, as well as the lack of mechanisms to control the targeted use of funds from such payments.Due to the fact that the laws do not contain a provision stipulating that the procedure for organizing the activities of a national commission is determined by a separate special law, there is also the problem of uncertainty about the legal status of such a commission.According to the current legislation, the legal basis for the activities of the national commission in the field of transport as a centralexecutive body must be determined in accordance with the legislation on central executive bodies, namely: at the level of the relevantregulation approved by the Cabinet of Ministers.

scholarly journals THE INSTITUTE OF VILLAGE ELDERS IN CHUVASHIA: HISTORY OF FORMATION AND ACTIVITY

2021 ◽  
Vol 2 (2) ◽  
pp. 58-68
Author(s):  
Valentina G. Kharitonova
Keyword(s):  
Rural Areas ◽  
Legal Status ◽  
Legal Regulation ◽  
The State ◽  
History Of ◽  
The Republic ◽  
Regional Authorities ◽  
Village Elders ◽  
The Village

The article deals with the issues concerning formation of the institute of the elders and the role of village elders in the functioning of the local government system in modern Chuvashia. For a region where the share of rural population in the total population is quite high, the study of this topic is in demand. The article briefly covers the main aspects in the development of the rural community and the state policy in rural areas. The analysis of this topic coverage in domestic and regional historiography is carried out. The main attention is paid to the history of forming the institute of village elders, the characteristics of the legal status and functions of village elders, and the main forms of their activities are shown. The village elders and organization of their activities in the 1990s were caused by the need to represent the interests of the population in the authorities of different levels. At the first stages, their functioning was initiated by the residents of villages themselves. Subsequently, the regional authorities and municipalities also began to deal with the organization and legal regulation of village elders’ activities. Legislative formalisation of village elders’ institute at the state and regional level took place in 2018. The practical activities of Chuvashia village elders cover most issues of developing and improving rural territories, they are the main assistants of local authorities and guarantee of public territorial self-government in rural areas. At the same time, alienation of rural residents from solving issues of rural society was noted, for this purpose, the materials of a sociological population survey were used. It is shown that formation of the institute of elders and regulation of their activities in the republic took place on the basis of rural elders’ practical work, the analysis of the experience of interaction with local self-government bodies and taking into account the experience of other regions. At present stage, interaction with the republican authorities at various levels is being improved. The empirical basis of the article is made up of official documents, legislative acts, media materials, and the results of public surveys.

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

Kybernetická bezpečnosť – analýza legislatívneho prostredia Slovenskej republiky a aktivít na národnej a medzinárodnej úrovni

2021 ◽  
Vol 16 (1) ◽  
pp. 47-60
Author(s):  
Michaela Šimonová ◽  
Keyword(s):  
Information And Communication Technologies ◽  
Cyber Security ◽  
Communication Technologies ◽  
Relevant Information ◽  
Legal Regulation ◽  
The State ◽  
Security System ◽  
Role Of The State ◽  
Information And Communication

The arrival of information and communication technologies is nothing new. The number of people using these technologies and moving in cyberspace is growing, and therefore it is an important role of the state to respond sufficiently to such developments. A fundamental role of the state is to create a stable security system consisting of complex legislation as well as creation of a legislative environment capable of responding flexibly to the growing number of diverse incidents in cyberspace. Sufficient legal regulation consisting of unambiguous determination of competencies and tasks of individual subjects represents the basic pillar for the creation of a stable security system. The role of the state is also to maintain existing and create new partnerships with organizations that are able to provide relevant information and knowledge in the field of cyber security.

scholarly journals Legal Regulation of the Status of Subjects of Special Competence in Relation to Public Administration in the Sphere of Intellectual Property in Ukraine

2021 ◽  
Vol 9 (2) ◽  
pp. 221-236
Author(s):  
Yevhen Leheza ◽  
Yuriy Deliya ◽  
Eduard Ryzhkov ◽  
Serhii Albul ◽  
Oleksandr Shamara
Keyword(s):  
Intellectual Property ◽  
Public Administration ◽  
Legal Status ◽  
Legal Regulation ◽  
Documentary Sources ◽  
Domestic Legislation ◽  
The Status ◽  
Special Competence

Relevant issues of the administrative and legal status of subjects of special competence in relation to public administration in the field of intellectual property are considered. Main  content. A circle of specified subjects in the system of subjects of public administration is determined. The role of subjects of special competence in the fulfilment of tasks of public administration in the sphere of intellectual property is identified. Classification of subjects of special competence regarding public administration in this field is presented. Features of the administrative or legal status of each group of subjects of special competence in relation to public administration in the field of intellectual property are analyzed. Specifics of the influence of these subjects on legal relations arising in the sphere of intellectual property are characterized. Materials and methods research based on the analysis of documentary sources. the  basis  is  the  dialectical  method  of  cognition  of  the  facts  of  social  reality,  on  which  the  formal legal and comparative legal approaches are largely based. Conclusions are drawn about the place of subjects of special competence in relation to public administration in the field of intellectual property among other subjects. Proposals on the necessity to improve current domestic legislation in the sphere of intellectual property are formulated.Keywords: Public administration; Intellectual property; Legal regulation; Relation; Sphere; Subjects of special competence Peraturan hukum status subjek kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual di Ukraina  Abstrak.Masalah yang relevan dari status administrasi dan hukum mata pelajaran kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual dipertimbangkan. Isi utama. Lingkaran mata pelajaran tertentu dalam sistem mata pelajaran administrasi publik ditentukan. Peran mata pelajaran kompetensi khusus dalam pemenuhan tugas administrasi publik di bidang kekayaan intelektual diidentifikasi. Klasifikasi mata pelajaran kompetensi khusus tentang administrasi publik di bidang ini disajikan. Fitur status administrasi atau hukum dari setiap kelompok mata pelajaran kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual dianalisis. Spesifik pengaruh subjek ini pada hubungan hukum yang timbul di bidang kekayaan intelektual dicirikan. Bahan dan metode penelitian berdasarkan analisis sumber dokumenter. Basisnya adalah metode kognisi dialektis atas fakta-fakta realitas sosial, yang menjadi dasar sebagian besar pendekatan hukum formal dan hukum komparatif. Kesimpulan diambil tentang tempat mata pelajaran kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual antara mata pelajaran lainnya. Proposal tentang perlunya meningkatkan undang-undang domestik saat ini di bidang kekayaan intelektual dirumuskan.Kata kunci: Administrasi publik, Kekayaan intelektual, Regulasi hukum, Hubungan, Lingkungan, Mata pelajaran kompetensi khusus Правовое регулирование статуса субъектов особой компетенции в отношении государственного управления в сфере интеллектуальной собственности в УкраинеАннотация Рассмотрены актуальные вопросы административно-правового статуса субъектов особой компетенции применительно к государственному управлению в сфере интеллектуальной собственности. Основное содержание. Определен круг указанных субъектов в системе субъектов государственного управления. Выявлена роль субъектов специальной компетенции в выполнении задач государственного управления в сфере интеллектуальной собственности. Представлена классификация предметов особой компетенции государственного управления в этой области. Анализируются особенности административно-правового статуса каждой группы субъектов особой компетенции применительно к государственному управлению в сфере интеллектуальной собственности. Охарактеризована специфика влияния этих субъектов на правоотношения, возникающие в сфере интеллектуальной собственности. Материалы и методы исследования на основе анализа документальных источников. в основе лежит диалектический метод познания фактов социальной действительности, на котором в значительной степени базируются формально-правовой и сравнительно-правовой подходы. Сделаны выводы о месте субъектов особой компетенции по отношению к государственному управлению в сфере интеллектуальной собственности среди других субъектов. Сформулированы предложения о необходимости совершенствования действующего украинского законодательства в области интеллектуальной собственности.Ключевые слова: Государственное управление, Интеллектуальная собственность, Правовое регулирование, Отношения, Сфера, Субъекты особой компетенции.

scholarly journals Financial leasing as financial and credit support for investment activities of enterprises

2018 ◽  
pp. 59-68
Author(s):  
Tetiana Vasylieva ◽  
Liudmyla Zakharkina ◽  
Oleksii Zakharkin
Keyword(s):  
Comparative Analysis ◽  
Subject Matter ◽  
Statistical Data ◽  
Credit Market ◽  
Legal Regulation ◽  
Financial Leasing ◽  
Current State ◽  
The Subject ◽  
Scientific Rationale

The purpose of the article is to provide scientific rationale of the place and role of financial leasing in financial and credit support for investment activities of enterprises. The subject matter of the research includes various aspects of the current state of financial leasing and ways of its advancement in Ukraine. The article provides an analysis of investment activities based on the volume of investments in Ukraine and determines the role of financial leasing as a funding for investment resources of enterprises. The paper also examines the legal and regulatory framework for financial leasing operations and highlights different interpretations of this form of financing as well as its formal indicators. An analysis of statistical data on the financial and credit market provides important insights into trends of financial leasing contracts and the volume of loans issued to corporate borrowers, and thus makes it possible to conclude that there is a lack of leasing operations in business activities of entities. The point is mainly supported by the fact that financial leasing contracts which have been made lately are not widespread enough after the crisis in 2014. The dynamics of changes in the volume of leasing contracts by dates of signing is considered, and it is found that there is a tendency to shortening the duration of financial leasing services. An industry factor of providing financial leasing services is taken into consideration and the main industries where these services are widespread are described. The existing approaches to evaluating the effectiveness of leasing contracts are systematized. The key challenges that hinder the growth of leasing in Ukraine are identified. The research methods used in the article include: analysis, synthesis and abstraction (for forming the rationale and developing the terminological and conceptual framework of the study); comparison, systematization and logical generalization (for examining the concept of financial leasing, its legal regulation and specific features of using in Ukraine); statistical, structural and comparative analysis (for exploring ways of advancement of financial leasing in Ukraine).

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