scholarly journals Compensation for Harm Caused to the Consumer's Health according to the Norms on Product Liability: Principal Directions for Improving Russian Legislation based on the Results of a Study of Foreign Experience

Lex Russica ◽  
2021 ◽  
pp. 144-155
Author(s):  
O. V. Kolesnichenko
Keyword(s):  
Product Liability ◽  
Legal Regulation ◽  
Consumer Health ◽  
Foreign Experience ◽  
Judicial Practice ◽  
Foreign Countries ◽  
Domestic Legislation ◽  
Health Damage ◽  
Principal Directions ◽  
Goals And Objectives

Despite the fact that cases of harm caused as a result of defects in goods, works and services represent the third most common special type of tort in Russia, with which claims for compensation for health damage are associated, the legislation does not provide additional insurance means of protection for the consumer. In judicial practice, the problems of determining the basis of tort liability for such harm, its nature and size according to Article 1086 of the Civil Code of the Russian Federation remain relevant. Foreign experience shows that many of these problems can be solved through the introduction of special evidentiary tests and the development of norms on product liability, the use of institutes of insurance of the risk of harm and liability. The paper presents a comparative legal study of the procedure and conditions for compensation for the harm caused to consumer health in Russia and foreign countries. Special attention is given to the fundamental differences between the American and European models of legal regulation of these relations. The author studied the most indicative approaches to determining the causal relationship between the defect of the goods and the damage caused, calculating the amount of compensation, understanding the defect of the goods and its legal consequences. The goals and objectives of the study are to identify and analyze the problems of legal regulation of compensation for harm caused to consumer health in Russia, study foreign experience and identify fundamentally significant areas of improvement of Russian legislation in this area. The expediency of establishing in the domestic legislation special presumptions of the presence of a defect in the goods, the origin of harm from such a defect for cases of causing damage to health during the operation of certain categories of goods is justified, a set of conditions is given, under which such a step may become possible. The prospects for the development and implementation of insurance methods of compensation for harm in this area, including mandatory no-fault insurance, are determined.

scholarly journals PROBLEMS IN PROVIDING HEALTH SAFETY TO CITIZENS USING FITNESS SERVICES IN THE RUSSIAN FEDERATION

2021 ◽  
Vol 56 (2) ◽  
pp. 101-108
Author(s):  
N.V. Kazantseva ◽  
◽  
V.S. Kazantsev ◽  
Keyword(s):  
Professional Activity ◽  
Physical Culture ◽  
Fitness Centers ◽  
Foreign Experience ◽  
Existing Problems ◽  
Judicial Practice ◽  
Risk Of Injury ◽  
Foreign Countries ◽  
Fitness Industry ◽  
Health Damage

Statement of the problem. Today there are risks to the health of citizens in fitness centers providing health and fitness services. This is evidenced by the extensive judicial practice when citizens ask for compensation of their health damage in case of injuries in fitness centers. Statistics from foreign countries show a high risk of injury in fitness centers. The purpose of this article is to identify the main problems associated with ensuring safety in relation to the health of citizens when providing fitness services, and to search for solutions to the identified problems. The research methodology consists in the analysis of legal acts in the field of physical culture and sports in terms of regulating the work of fitness centers and generalizing the relevant foreign experience. Research results. It was found out that risks to the health of citizens applying for fitness services arise due to the lack of an appropriate level of professionalism among the fitness club staff in organizing and setting physical activity, as well as the lack of proper medical and pedagogical support. Foreign experience in the fitness industry shows that the problem of ensuring safety of fitness services can be resolved through requirements to professional qualifications of personnel. However, proper medical and pedagogical control is currently not included in the mandatory requirements to the legal support of the fitness industry, either in our country or abroad. Conclusions. The article presents solutions to existing problems in the form of introducing an appropriate educational professional standard for fitness instructors, as well as introducing a mandatory nature of compliance with the standards of professional activity of fitness centers.

Ethical boundaries of the legal regulation of conditions of carrying out genetic screening in prenatal diagnosis in Russia and abroad

2020 ◽  
Author(s):  
M.V. Medvedev , G.N. Suvorov , S.S. Zenin et all
Keyword(s):  
Prenatal Diagnosis ◽  
Great Britain ◽  
Legal System ◽  
Genetic Screening ◽  
Legal Status ◽  
Legal Regulation ◽  
Ethical Problems ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific

Objectives. The purpose of this study is to study the essence of ethical problems that arise in the field of genetic screening for prenatal diagnosis (PND) and determine possible ways to overcome them by legal means, taking into account the existing foreign experience. Materials and methods. Normative legal acts and doctrinal sources of Great Britain, Germany, Ireland, France and Switzerland are studied. Methods used: General philosophical, General scientific, private scientific, special (structural-legal, comparative-legal, formal-legal). Results. Ways to resolve ethical problems that arise or may arise in the future as a result of genetic screening for PND, which can be applied within the Russian legal system, are proposed. Conclusions. It is stated that most of the identified ethical problems are related to the lack of normative consolidation of the legal status of the fetus. It is presumed that the beginning of ethics should serve as the guide for legislation in this area. At the same time, it is emphasized that the legal regulation of genetic screening in PND should be flexible enough to optimally ensure the interests of all participants in these relationships. In addition, in this direction, it seems appropriate to refer to the experience of a number of foreign countries, whose legislation provides for fairly strict requirements in the field of PND.

Foreign experience in constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law

2021 ◽  
Vol 28 (2) ◽  
pp. 55-65
Author(s):  
Oleksandr M. Bukhanevych ◽  
Serhii O. Kuznichenko ◽  
Anastasiia M. Mernyk
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Well Being ◽  
Legal Regulation ◽  
Martial Law ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific ◽  
The Individual ◽  
Exhaustive List

The study investigates the foreign experience of constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law in Macedonia, Armenia, Belarus, Moldova, Georgia, Latvia, Lithuania, Albania, Azerbaijan, which is relevantin modern conditions, based on the presence of local military conflicts, emergencies, or the possibility of their existence in many countries of the world. The purpose of this study was to analyse the text and content of the constitutions of foreign countries to clarify and explain the groundsfor restricting human and civil rights and freedoms in conditions of emergency and martial law. To achieve this purpose, the study employed a system of methods of scientific cognition, namely general scientific (analysis, synthesis), particular (comparative, quantitative and qualitative analysis, approximation), as well as special legal (formal legal, comparative legal) methods. The practical value of the study lies in the identification of four prevailing trends in the constitutions of foreign states to the procedure for determining the scope of restrictions on human rights under special regimes: 1) consolidation of an exhaustive list of rights and freedoms in the constitutions, which cannot be restricted during the period of emergency and martial law; 2) consolidation of an exhaustive list of rights and freedoms in the constitution, which can be restricted to protect human rights, the democratic structure of the state, public safety, the well-being of the population and morals; 3) combining the first two options for consolidating restrictions in the text of the constitutions; 4) consolidation of the possibility of limiting the rights and freedoms of the individual in the texts of constitutions by state authorities under special legal regimes in the interests of national security without specifying partiular rights and freedoms that may (or may not) be restricted

scholarly journals On the Form of Organizing the Institution of Condominium Ownership in Russia

Legal Concept ◽  
2019 ◽  
pp. 107-115
Author(s):  
Maxim Permyakov
Keyword(s):  
Legal Regulation ◽  
Law And Order ◽  
Real Form ◽  
Progressive Development ◽  
Root Cause ◽  
Foreign Countries ◽  
Domestic Legislation ◽  
Analysis And Synthesis ◽  
Long Time ◽  
Domestic Institution

Introduction: despite the fact that Russia is a country in which the majority of the population lives in apartment buildings, the institution of condominium ownership is one of the least developed, both in doctrinal and practical terms, in connection with which the theoretical and practical difficulties arise in the domestic legal order. The solution of such problems is impossible without the search for the root cause, which is the lack of choice of the form of organization of the legal institution, so that the legal regulation cannot be harmonious. Purpose: based on the study of the formation, evolution and unification of the institution of law in foreign countries, to address the problems of the domestic institution of condominium ownership. Methods: the methodological framework for this study is a set of methods of scientific knowledge, among which the main ones are the methods of specific historical, historical and comparative, social and legal, as well as the methods of analysis and synthesis. Results: the prerequisites for the emergence of condominium ownership in classical civil law were: the limitation of land as a natural resource, as well as capital for individual construction. The institution of condominium ownership is approved in the countries of continental law in two forms: “real” and “unreal”. In Russia, due to the lack of a long time of progressive development of property law, this institution was formed without taking into account its classical prerequisites, within the framework of privatization processes, which led to the emergence of the problems which are atypical for the European law and order. Conclusions: the domestic legislation tends to the organization of the institution of condominium ownership in the “real” form; however, the modern interpretation of this form entails many legal problems, which clearly indicates the need for its reform.

scholarly journals JURISDICTION OF APPLICATIONS FOR THE REVISION OF JUDICIAL ACTS ON NEWLY DISCOVERED OR NEW CIRCUMSTANCES AND THE PROCEDURAL AND LEGAL CONSEQUENCES OF ITS VIOLATION

2020 ◽  
Vol 24 (4) ◽  
pp. 1141-1168
Author(s):  
Safura T. Bagylly ◽  
Larisa N. Pavlova
Keyword(s):  
Legal Regulation ◽  
Court Decisions ◽  
Unified Approach ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Scientific Analysis ◽  
Domestic Legislation ◽  
General Scientific ◽  
Administrative Proceedings ◽  
Legal Consequences

The article deals with the problematic items of choosing a court competent to review court decisions that have entered into legal force on newly discovered or new circumstances in civil and administrative proceedings. The aim of the authors is to conduct a study of the legal regulation of the jurisdiction of applications for review. The methodological basis of the article was formed by general scientific (analysis, analogy, description, synthesis, and systemic approach) and particular scientific methods (historical-legal, comparative-legal, and formal-legal). A retrospective analysis of legal acts of domestic legislation has been carried out. According to the results of the study, difficulties relate to interpreting and applying the existing rules on determining the appropriate instance for revision. Based on the analysis of the judicial practice of courts of general jurisdiction and arbitral courts, the authors come to the conclusion that there is no unified approach of the courts in determining the procedural and legal consequences of violations of the rules of jurisdiction. The conclusion summarizes proposals for improving the current legislation to eliminate ambiguities and achieve uniformity in judicial practice.

THE RIGHT TO LOCATE AND PROSPECTS OF ITS LEGAL REGULATION IN UKRAINIAN LEGISLATION

2017 ◽  
Author(s):  
Valeriy Aveskulov ◽  
◽  
Yuliia Deresh ◽  
Albina Romanchuk ◽  
◽  
...  
Keyword(s):  
Working Conditions ◽  
Legal Status ◽  
Protective Action ◽  
Legal Regulation ◽  
Economic Pressure ◽  
Foreign Experience ◽  
Labor Legislation ◽  
Foreign Countries ◽  
European Experience ◽  
The Right

This article is devoted to the study of the right to lockout, the legal status and procedure of which are not regulated in the labor legislation of Ukraine. The article considers the experience of foreign countries and options for legislative consolidation of the right to lockout. It is established that there are two types of lockout - defensive and offensive, the first of which acts as a reaction of the employer to the strike. The offensive does not require such a precondition as a workers' strike and is a means for the employer to impose its working conditions. Based on this, it was determined that most countries allow the employer to resort to such a measure if the lockout is defensive, but the procedure for its implementation contains a number of restrictions. The article analyzes the provisions of the European Social Charter, the Law of Ukraine "On the Procedure for Resolving Collective Labor Disputes (Conflicts)", the Draft Labor Code of Ukraine dated 04.12.2007 № 1108, the Draft Labor Code of Ukraine dated 27.12.2014 № 1658, the Draft Labor Code of Ukraine 08.11.2019 № 2410-1, Draft Labor Code of Ukraine dated 08.11.2019 № 2410, Draft Law on Strikes and Lockouts dated 27.12.2019 № 2682. The article considers the views of domestic scholars on the feasibility of enshrining in Ukrainian law the employer's right to lockout, some of which consider it appropriate to allow the right to lockout as a protective action of the employer in response to workers' strike, but with some restrictions. Other scholars advocate a direct ban, as such an employer's right may violate workers' right to strike. Based on the positions of scientists, foreign experience and analysis of numerous legislative attempts to determine the legal status and procedure of the right to lockout, a variant of its enshrinement in the labor legislation of Ukraine is proposed to balance the rights and interests of employees and employers and avoid economic pressure on employees. The authors consider it appropriate to consolidate the right to lockout if it is defensive, following the example of European experience.

scholarly journals Implementation of the three-link model of pre-trial investigation in the Republic of Kazakhstan

2021 ◽  
Vol 136 (3) ◽  
pp. 113-118
Author(s):  
B.M. Smatlaev ◽  
Keyword(s):  
Criminal Procedure ◽  
Legal Regulation ◽  
Pilot Program ◽  
Legal Regime ◽  
Judicial Practice ◽  
Procedure Code ◽  
Foreign Countries ◽  
Link Model ◽  
The Republic

The article presents innovations of the Code of Criminal Procedure of the Republic of Kazakhstan which, in pre-trial investigations, play a major role in protecting the rights and freedoms of citizens. The article justifies the need for special legal regulation of these objects of citizens ‘ rights. The author considers positions of scientists, judicial practice and legislation of Kazakhstan and foreign countries. It identifies shortcomings and contradictions of legal legislation. In accordance with the requirements of the new legislation, the transition to a three-link model under the pilot program will protect the rights of many citizens in the country, which will practically reduce the responsibility of persons who are not involved in crimes in the course of investigations. As a result of the analysis of the legislation of Kazakhstan, the author concluded that it is necessary to change the legal regime and recently adopted Criminal Procedure Code, which is more or less beneficial for citizens.

scholarly journals FOREIGN EXPERIENCE IN ELECTRONIC TAX ADMINISTRATION AND THE POSSIBILITIES OF ITS USE IN UKRAINE

2019 ◽  
Vol 4 (5) ◽  
pp. 240
Author(s):  
Nataliia Ortynska ◽  
Liudmyla Savranchuk ◽  
Svitlana Matchuk
Keyword(s):  
Legal Framework ◽  
Tax Administration ◽  
The European Union ◽  
Legal Doctrine ◽  
Scientific Methods ◽  
Foreign Experience ◽  
Foreign Countries ◽  
Domestic Legislation ◽  
Effective System ◽  
The Usa

The aim of the article is to study the foreign experience of electronic tax administration on the basis of the analysis of scientific literature, and as well as to determine the possibilities for its use with further improvements of domestic legislation in this field in Ukraine. The subject of the study is the foreign experience of electronic tax administration and the possibility of its use in Ukraine. Methodology. The research is based on the dialectical method of scientific knowledge and on general scientific methods, which are based on it, such as: analysis, comparison, analogy, induction, and others. Results of the conducted study have shown that today there is a large number of countries where the digital tax format functions effectively and constantly develop. It is substantiated that the use of the experience provided in the article will give an opportunity to build a simple and effective system of electronic tax administration in Ukraine. And this fact, of course, will influence positively on the financial sphere in Ukraine. Practical impact. The positive experience of establishing a legal framework for the provision of electronic tax administration in foreign countries proves that the digital tax format functions effectively and is constantly developing. Besides, some practices of these countries in the field of electronic tax administration can be rather positive for implementation in the territory of Ukraine. Correlation/originality. Conducting a comparative analysis of the legislation and legal doctrine of Ukraine, and the countries of the European Union and the USA regarding the legal provision of electronic tax administration is the basis for developing the most promising directions of development of domestic legislation in the financial sector of the entire Ukrainian state.

scholarly journals Legal Regulation of Public Control Institution: International and Foreign Experience

2019 ◽  
pp. 155-171 ◽  
Author(s):  
V. V. Goncharov
Keyword(s):  
Civil Society ◽  
Russian Federation ◽  
Legal Regulation ◽  
Public Control ◽  
Foreign Experience ◽  
The Russian Federation ◽  
Historical Comparative ◽  
Definition Of ◽  
Control Institution ◽  
Goals And Objectives

The paper is devoted to the analysis of the limits and the possibility of using international and foreign experience of its organization and functioning in optimizing the institution of public control in the Russian Federation. The author defines the concept of public control in the Russian Federation. The necessity of using international and foreign experience in the organization and functioning of the institution of public control in the process of optimizing this institution of civil society in Russia in the following areas is substantiated: 1) regarding the formulation of the concept of the institution of civil society control over public authority; 2) in terms of its consolidation in regulatory legal acts; 3) by definition of its basic principles, goals and objectives; 4)on consolidation of the list of objects in respect of which control is exercised; 5) on the development and implementation of the main forms and methods of this control; 6) to institutionalize the diversity of its subjects, as well as their authority. In this regard, a number of amendments and additions to the current legislation of the Russian Federation regulating issues of public control are proposed. The author applies a number of methods of scientific research, in particular: historical, comparative legal, and formal logical analysis. This will not only solve modern problems that arise during the organization and functioning of public control in the Russian Federation, but also ensure its full development as a promising civil society institution. The paper proposes a number of changes and additions to the current legislation of Russia, regulating issues of public control. The results can be used both in educational and scientific, and in practical activities, including in lawmaking.

scholarly journals IMMUNITY OF THE STATE IN THE INTERNATIONAL PRIVATE TRANSPORT LAW: COMPARATIVE LEGAL STUDY

2020 ◽  
Vol 6 ◽  
pp. 23-26
Author(s):  
Tatyana N. Ivanova ◽  
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Commercial Arbitration ◽  
State Immunity ◽  
Judicial Practice ◽  
Arbitration Clause ◽  
Foreign State ◽  
Foreign Countries ◽  
International Private Law ◽  
Legislative Regulation

This article is a study of issues of state immunity in international private transport law. The article as a whole is of an overview nature and will be useful for further research in this area. The author explores the legal regulation of the issue in countries such as Germany, Spain, Hong Kong, North Korea, Ukraine, Norway, Turkey. The paper also examines the development trends of the doctrine of the immunity of a foreign state abroad as a whole, highlights general and special features in the legislative regulation of the immunity of a foreign state in the above countries, and also provides and analyzes relevant judicial practice. In addition, the author explores the issue of jurisdictional immunity in the field of transport law, as well as the question whether it is necessary to involve the state in international commercial arbitration, and concludes that there are no obstacles to the participation of states in arbitration, as the very signing by the state of an arbitration clause means the state’s voluntary renunciation of jurisdictional immunity. In conclusion, based on the analysis, the author formulates some general trends in the legal regulation of foreign immunity abroad. Based on the analysis, it is also concluded that in foreign countries, for the most part, there is no legislative regulation of issues of jurisdictional immunity in international private law.

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