scholarly journals Legal Regulation of Cross-Border Shipping of Dangerous Goods in the Conditions of Digitalization

Lex Russica ◽  
2020 ◽  
Vol 1 (2) ◽  
pp. 133-140
Author(s):  
N. G. Skachkov
Keyword(s):  
Legal Regulation ◽  
Legal Aspects ◽  
International Standards ◽  
Insurance Companies ◽  
Financial Loss ◽  
Radio Communications ◽  
Dangerous Goods ◽  
Operating Profit ◽  
Consumer Insurance ◽  
Iec 27001

The author explores the legal aspects of network space risks, when legal imperatives are laid for the transportation and stay of a consignment of dangerous goods on board a ship. It is concluded that it is difficult to choose the law to be applied. In this regard, the material norms that make up the operational risk space can serve as a guide. Their selection is often a precursor to earning assets net operating profit. At the same time, the variety of legal facts with which the acquirer on arrival of property associates his right to file an ownership claim is formulated either in the contract of connection or accession. Therefore, separate prerequisites for the emergence of business and legal risks at the stage of abandoning consumer insurance in favor of its property qualification are highlighted. The paper shows types of encumbrances that accompany the problems of optimizing the costs of insurance against cyber risks. Even if insurance companies find their offer profitable for customers, the basis of the risk of financial loss is still the recovery of lost data. The insurer is forced to dispose of advanced analytical developments, such as, for example, blockchain or smart contracts that are very common today. Policyholders, in turn, use digital distribution and other virtual service models to not only reduce costs to a minimum, but also gain competitive advantages. The author analyzes the norms of the Convention acts on the transboundary shipping of dangerous goods. The International standards of TV and radio communications ISO/IEC 11801 and ISO/IEC 27001 (ISMS — 2018) are studied, and the conclusion is made that the threat to technological resources is identified with a comprehensive legal strategy for owner protection.

scholarly journals Legal Regulation of International Commercial Electronic Contracts. Technological and Legal Aspects of Electronic Signature

Lex Russica ◽  
2020 ◽  
pp. 115-126
Author(s):  
D. A. Lovtsov ◽  
L. V. Terenteva
Keyword(s):  
General Rule ◽  
Legal Regulation ◽  
Legal Aspects ◽  
International Standards ◽  
Vienna Convention ◽  
Electronic Communications ◽  
Electronic Signature ◽  
Electronic Signatures ◽  
Cross Border ◽  
Electronic Form

In the modern realities of converting document flow to the digital plane, the issues of validity of contracts concluded in electronic form, as well as the conditions for recognizing an electronic signature, are of particular importance. In this regard, the authors turn to the study of the provisions of the United Nations Convention on the Use of Electronic Communications in International Contracts of 2005, as well as other international trade agreements to clarify their applicability to cross-border contracts concluded in electronic form.In the paper, the authors raise the question of the validity of an electronic cross-border transaction that falls under the regulation of the Vienna Convention on Contracts for the International Sale of Goods of 1980, the USSR reservation to which on the inadmissibility of concluding a contract not in writing, but in any form, continues to apply. In this regard, the authors explore the possibility of interpreting article 13 of the 1980 Vienna Convention containing the definition of the "written form", outside of the general rule of interpretation of the provisions of the 1980 Vienna Convention provided for in article 7.Based on the comparative analysis of national and international legal norms, norms of soft law regulating electronic documents, the authors reveal a number of problems arising from the lack of specificity of the mechanism of recognition of foreign electronic signatures in Russia and put forward proposals for their solution. To this end, the authors explore the possibilities of developing international standards for the compatibility of technological algorithms for electronic digital signatures using an asymmetric scheme, based on which foreign certificates of electronic signature keys can be recognized. 

scholarly journals Historical and legal principles of formation of the system of legal regulation of document flow in Ukraine

2020 ◽  
pp. 178-183
Author(s):  
Viktor Sezonov
Keyword(s):  
Legal Regulation ◽  
Legal Aspects ◽  
International Standards ◽  
Document Management ◽  
Office Work ◽  
Labor Legislation ◽  
Electronic Document Management ◽  
Document Flow ◽  
The Law ◽  
Object Of Study

The article emphasizes that information is of extraordinary value. It is stated that actions related to the circulation of informationrequire its material consolidation, and the document is considered as material consolidation of information. It is noted that the informationfixed on the material carrier becomes an information product, and the relations arising concerning creation, transfer (movement),storage, destruction of documents, ie relations within document circulation demand their legal regulation.The article presents the most important for science achievements of scientists who studied the document flow and analyzed thehistorical and legal aspects of its formation in Ukraine. It is noted that nowadays scientists pay little attention to the study of the docu -ment as a separate category, do not analyze existing definitions, do not pay attention to the characteristics of the document. It is establishedthat the issue of historical and legal bases of formation of the system of legal regulation of document circulation in Ukraine isconsidered fragmentarily and superficially. Arguments are made in favor of the fact that the document is a material carrier of information,an object created by man in a certain period of time; object of study of various scientific disciplines, the concept of “document”is ambiguous and depends on in what field and for what it is used; it is emphasized that office work plays an important role in the legalsphere.It is proved that today it is extremely important to improve the document management system. It is noted that the issues of creatingand working with personnel documents are partially regulated by labor legislation, financial and economic – the Commercial Codeof Ukraine, documents of the private legal sphere – the Civil Code of Ukraine, documents containing information about the crime – theCriminal Code of Ukraine, accounting documents – in laws Of Ukraine on accounting, documentation of citizens ‘appeals and organizationof work with these documents are detailed in the Law of Ukraine “On Citizens’ Appeals”. The procedure for working with confidentialdocuments that constitute a state secret is considered in the Law of Ukraine “On State Secrets”, the features of working withelectronic documents are disclosed in the laws of Ukraine “On electronic documents and electronic document management”, “On electronictrust services”, etc; emphasizes the need to develop domestic counterparts of international standards for working with documents;it is proposed to adopt special regulatory and administrative documentation that would regulate the implementation of managementactivities.

scholarly journals Psychological Rehabilitation During a Coronavirus pandemic. Legal Aspects

2021 ◽  
Vol 64 (3) ◽  
pp. 238-241
Author(s):  
Olena O. Terzi ◽  
Igor Z. Gladchuk ◽  
Igor V. Shpak
Keyword(s):  
Medical Training ◽  
Legal Regulation ◽  
Legal Aspects ◽  
International Standards ◽  
Scientific Methods ◽  
Legal Method ◽  
Special Scientific ◽  
General Scientific ◽  
Psychological Assistance ◽  
Practical Recommendations

Aim: To analyse the legal regulation of the provision of psychological assistance during the coronavirus pandemic. materials and methods: The research methods were chosen with the aim of the study in mind. In order to establish objectivity and validity of scientific provisions, conclusions, during the research, a set of general scientific and special scientific methods was used, in particular such as: (1) the formal legal method was used to analyse the legal and ethical foundations for providing psychological assistance during the coronavirus pandemic; (2) using the comparative legal method, the approaches of national legislation and international standards to the provision of psychological assistance during the COVID-19 pandemic were clarified; (3) the forecasting and modeling method was used to develop practical recommendations regarding the importance of analyzing the legal regulation of the provision of psychological assistance during the coronavirus pandemic and others in the future; (4) the method of systems analysis made it possible to study the legal regulation of the provision of psychological assistance during the coronavirus pandemic; (5) the historical and legal method made it possible to identify the features of the evolution of legal regulation of the provision of psychological assistance during pandemics. Conclusions: The COVID-19 pandemic has exacerbated existing health deficiencies, including a shortage of psychologists. States should initiate medical training programs, including for psychologists and psychotherapists. It should be noted that psychological assistance during a coronavirus pandemic should be based on the following principles: accessibility; continuity; focus; interdisciplinary; educational nature of interventions.

scholarly journals INTERNATIONAL LEGAL REGULATIONS AND ISSUES OF CORRUPT ASSETS RECOVERY

2020 ◽  
Vol 6 (4) ◽  
pp. 35-45
Author(s):  
Оlena Busol
Keyword(s):  
Comparative Method ◽  
National Level ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
International Standards ◽  
Criminal Proceedings ◽  
Systematic Analysis ◽  
Legal Norms ◽  
Asset Recovery

The article is devoted to the issues of international cooperation of the bodies regarding asset recovery and management with a purpose of combating transnational crime. It emphasizes the main provisions of international treaties on combating crime and provides an analysis of foreign legislation in the given sphere. The subject of the study is international legal regulation and problems of corrupt assets recovery, which required the application of interdisciplinary scientific approach in considering its economic, political, philosophical, historical and legal aspects. The purpose of the article is to highlight the main issues that arise when the states try to recover corrupt assets, as well as to provide national governments with appropriate recommendations, taking into account international instruments and best practices. The article considers world practice of conducting criminal proceedings and execution of court decisions. It covers the features and problems of specialized government bodies as for the recovery of the assets. The article is based on the application of a set of the following methodologies: philosophical, dialectical and synergetic. The study used the method of systematic analysis, which is the most commonly applied in criminological research to combat corruption. To achieve these purposes, the following research methods are used: analysis of theoretical sources and scientific literature; abstract-logical method in the process of theoretical generalizations and formation of conclusions; prognostic methods. The author applies the comparative method (i.e. the method of comparative jurisprudence) when comparing international documents with the legal norms of other states. Results. Foreign experience shows that development of a modern and effective system of combating organized corruption in any country is possible subject to application of legal norms that meet international standards, as well as the integrated use of advanced computer information technology. The author emphasize the need for OECD (Organization for Economic Co-operation and Development) member states to develop adequate regulations that will allow immediate disclosure and exchange of information on the freeze of assets with foreign jurisdiction, in order to ensure the effectiveness of the asset recovery procedure. Conclusions. It is recommended to adopt laws at the national level or to introduce a regulation in the criminal law of the state on illicit enrichment; to develop comprehensive national strategy; as well as to finance measures to recover corrupt assets within the framework of anti-corruption programs at the state level. It emphasizes the need to have a united state register of assets seized in criminal proceedings. In order to recover assets from abroad, states need to have political will and to use the latest technologies.

scholarly journals INSURANCE AS A PREREQUISITE FOR RISK MANAGEMENT IN WORKING AND LIVING ENVIRONMENT

2020 ◽  
pp. 139
Author(s):  
Snežana Živković ◽  
Aleksandra Ilić Petković
Keyword(s):  
Risk Assessment ◽  
Business Management ◽  
Legal Regulation ◽  
Living Environment ◽  
Assessment Process ◽  
Insurance Companies ◽  
Financial Loss ◽  
Risk Assessment Process ◽  
Management Processes ◽  
Service Activity

Insurance is an economic and service activity that protects people and their property from the consequences of numerous hazards. Therefore, insurance companies face the risk of financial loss. Improperinsurance premiums caused by an inadequate risk assessment that is assumed in insurance are the most common cause of such losses. In order to minimize the possibility of unwanted losses, it is necessary to carry out adequate business management processes in insurance. In doing so, special attention should be paid to the risk assessment process. A quality risk assessment is of the utmost importance for the functioning of the overall insurance system. Insurance itself can play a significant role in managing the risks in working and living environment whereas the legal regulation gives security to the insurance entities.

scholarly journals Legal Support of the Patient's Right to Innovation in Health

2020 ◽  
Vol 9 (4) ◽  
pp. 337
Author(s):  
Oleksandr Shevchuk ◽  
Oleksandr Lysodyed ◽  
Igor Borysenko ◽  
Oleg Bululukov ◽  
Oleksandra Babaieva
Keyword(s):  
Human Rights ◽  
Comparative Method ◽  
Health Sector ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Patient Rights ◽  
International Standards ◽  
Healthcare Sector ◽  
Patients Rights

The article discusses certain aspects of legal regulation of patients' rights to innovations in healthcare sector. The subject of the study is the legislative acts on human rights in healthcare field, forms and types of human rights and directions for their implementation. Attention is focused on such types of patients' rights to innovations in healthcare field: (1) right to biomedical experiments; (2) right to reproductive technology; (3) right to donation;                (4) right to transplant organs and anatomical materials; (5) right to therapeutic cloning; (6) right to change gender;   (7) right to virtual reality. Essence of “innovation in medicine” is revealed, classification of human rights is given. The purpose of the article is to disclose the features of legal regulation of implementation of the patients rights to innovations in healthcare field. The methodology of this work is based on a set of research methods. The comparative method was used to elucidate the legal aspects of the patients rights to innovations in healthcare sector. Using the method of theoretical analysis, systemic and analytical methods, the term “patients' rights to innovations in healthcare field” was established, their varieties were characterized. Introduction of effective innovative models in health sector in context of patient rights will improve the availability and quality of provision of medical services to the population. It has been established that an important element in the implementation of innovative technologies in healthcare sector is the regulatory framework, which must comply with international standards.  Key words: health sector, innovation, legal regulation, patient rights

scholarly journals Internal risk financing with special reference to contingency funds

2003 ◽  
Vol 6 (2) ◽  
pp. 274-288
Author(s):  
F. J. Mostert
Keyword(s):  
Special Reference ◽  
Risk Control ◽  
Insurance Companies ◽  
Equity Financing ◽  
Holding Companies ◽  
Non Profit ◽  
Operating Profit ◽  
Physical Risk ◽  
Current Operating ◽  
Modelling Approach

Enterprises can manage risks in two fundamental ways, namely by physical risk control and by risk financing. The latter comprises external and internal risk financing. As this paper focuses on the latter of these concepts, due attention is paid to the main forms of internal risk financing. Charging losses to current operating profit, arranging loan facilities and implementing equity financing programmes are different forms of internal risk financing. The nature, advantages and various types of captive insurance companies are considered as holding companies can utilise this form of internal risk financing. Special attention is paid to the use of contingency funds as a way of internal risk financing by applying a modelling approach. The conclusions reached should be valuable to business enterprises in particular, but also to non-profit organisations and individuals.

Taxation Issues for Digital Financial Assets

2021 ◽  
pp. 089443932110039
Author(s):  
Viktor Shestak ◽  
Alla Kiseleva ◽  
Yuriy Kolesnikov
Keyword(s):  
Russian Federation ◽  
Income Tax ◽  
Legal Regulation ◽  
Capital Gains ◽  
International Standards ◽  
Financial Assets ◽  
State Budget ◽  
The Russian Federation ◽  
Digital Assets ◽  
Tax Accounting

The objective of the study is to determine the status of a digital financial asset and the features of its taxation in the Russian Federation and progressive countries. Currently, there are three main taxation models that are used in this area: income tax, corporate income tax, and capital gains tax. The article explores the prospects for introducing the experience of foreign countries in the Russian Federation. The possible changes that may occur in tax regulation are analyzed. The experience of leading countries in the field of legal regulation of the use of digital financial assets and the taxation of cryptocurrency transactions is analyzed. Such an analysis will allow Russia to keep pace with countries with a leading economy and at the same time increase state budget revenue through taxation of cryptocurrency transactions. The study provides an analysis of the conceptual scenarios of digital income taxation and objects of taxation in the process of cryptocurrency creation. The study critically assesses possible options for applying international standards for tax accounting of digital assets. Groups of problematic issues that arise in the tax accounting of digital assets are developed. The prospect of further research is the development of tax accounting methods for each of the established entities for the creation and circulation of digital financial assets in accordance with accounting objects.

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.

Regulatory relationship on use and environmental protection in the innovative sphere

2021 ◽  
Author(s):  
Olena Savchuk
Keyword(s):  
Sustainable Development ◽  
Environmental Protection ◽  
Innovation Policy ◽  
Scientific Work ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Main Body ◽  
Environmental Legislation ◽  
Regional Innovation ◽  
Regulatory Relationship

Problem setting. The functioning of legal relations of use and environmental protection is currently regulated by a number of regulations of different legal force and direction. All this legislation is aimed at ensuring a safe environment, stopping the negative climate change caused by industry, agriculture, low energy efficiency of buildings, lack of waste management system, as well as reducing carbon sequestration by the ecosystem. The object of research is the legislation that regulates the legal relationship regarding the use and protection of the environment in the field of innovation. The subject of the study is the state of the regulatory framework and legislative regulation of legal relations regarding the use and protection of the environment in the field of innovation. Analysis of recent researches and publications. Legal relations on the use and protection of the environment in the field of innovation have repeatedly attracted the attention of researchers. In particular, A.P. Hetman considered the issues of environmental and legal component of innovative entrepreneurship, G.V. Anisimova studied issues of environmental and legal aspects of regional innovation system, V.L. Bredikhina in the field of research were issues of legal support of environmental safety in the field of implementation innovation policy. Krasnova M.V. considered the introduction of innovative dominants of sustainable development in the environmental legislation of Ukraine. In addition, the scientific literature analyzed the legal basis for the introduction of innovative technologies in agribusiness (Bakai Yu. Yu.); legal support for the introduction of ecologically oriented innovations in Ukraine (Lebedeva T.M.), ecological innovation management in the mechanism of sustainable development (Zadykhailo D.D.). However, the study that would be aimed at analyzing the legal regulation of the use of environmental protection in the field of innovation was not yet, which prompted us to choose this topic of scientific work. Target of research is to identify and make proposals to current legislation in certain areas. The scientific novelty of the study is to make proposals to consolidate amendments to current legislation and proposals for the development of separate documents to regulate the functioning of legal relations of use and environmental protection in the field of innovation. Article’s main body. The normative-legal acts are researched, the scientific specialized literature is analyzed according to the chosen theme of scientific work. The need to amend the current legislation, the importance of developing regulations aimed at applying existing and developing new mechanisms to ensure the use and protection of the environment in the innovation sphere are identified and emphasized. Conclusions and prospects for the development. After analyzing the legal support for the functioning of legal relations of use and environmental protection in the innovation sphere, we came to the conclusion that today there is an urgent need to develop and implement a special legal act that would establish a set of measures to develop innovation in the use and environmental protection. The purpose of such a document, first of all, should be the mechanism of implementation of previously adopted regulations, expanding access to environmental information of the population, including interaction between scientific and educational institutions, the introduction of modern advanced technologies. As already noted during the dissertation, the issue we are considering goes far beyond just environmental legislation, so it should also be noted that the necessary harmonization of legislation between other institutions of law – economic, civil, tax and more. In addition to the above, I would like to emphasize that the Law “On Environmental Protection, acting as the main legislative document in the field of environmental relations does not enshrine issues of innovation, environmental innovation.

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