scholarly journals Subjects and Objects of Town-Planning Legal Relations

2020 ◽  
Vol 1 (12) ◽  
pp. 53-61
Author(s):  
O. A. Romanova
Keyword(s):  
Law Enforcement ◽  
Urban Planning ◽  
System Analysis ◽  
Legal Regulation ◽  
Town Planning ◽  
Planning Activity ◽  
Scientific Analysis ◽  
Scientific Significance ◽  
Further Development

The article substantiates the relevance of scientific analysis of the composition of town-planning relations for further development of legal regulation of town-planning and increase in efficiency of law enforcement activities in the field of urban planning. Based on the study of scientific sources, the author concludes that there is insufficient legal research in the field of legal regulation of urban planning. The paper shows the legal and scientific significance of studying the composition and specifics of town-planning relations for the further development of town-planning legislation and the formation of town-planning law. On the basis of the system analysis of the current town-planning and related legislation, the author provides for the legal characteristics of subjects and objects of town-planning legal relations taking into account the specifics of urban planning activity depending on their particular type, their features, problems of definition and identification, differentiation from related legal relations. The author proposes a possible classification of subjects and objects of town-planning relations depending on the type of town-planning activity and their nature.

scholarly journals TECHNICAL AND CADASTRAL REGISTRATION OF INFRASTRUCTURE OBJECTS OF REAL ESTATE

2019 ◽  
Vol 3 (1) ◽  
pp. 102-108
Author(s):  
Olga Dudinova
Keyword(s):  
Urban Planning ◽  
Real Estate ◽  
Russian Federation ◽  
Legal System ◽  
Legal Regulation ◽  
Town Planning ◽  
Accounting System ◽  
The Russian Federation

Starting to consider the issues related to the legal regulation and implementation of the reform of technical and cadastral registration of real estate, it is impossible not to say about its role and importance for the Russian legal system. The accounting system is a certain guarantee of the rights of owners in respect of real estate. The issue of legal regulation of infrastructure facilities is still one of the most difficult in the urban planning and land legislation of the Russian Federation. The lack of effective and versatile regulatory and folding it on the basis of the practice make it very difficult town planning and investment development of territories and improvement. In this article the problems connected with legal regulation of infrastructure objects are revealed, the analysis of the current legislation and practical approaches is carried out, the classification of infrastructure objects is investigated, the essence of this concept is revealed.

scholarly journals Methods and Principles of the Activity of the Subjects of Administrative and Legal Relations in the Urban Planning Area

2019 ◽  
Vol 73 (2) ◽  
pp. 37-42
Author(s):  
Є. А. Неборський
Keyword(s):  
Law Enforcement ◽  
Urban Planning ◽  
Construction Industry ◽  
Legal Regulation ◽  
Town Planning ◽  
Legal Rights ◽  
Public Authorities ◽  
Separate Branch ◽  
Executive Agencies ◽  
Construction Law

It has been stated that state policy in the field of construction should have a complete toolkit – a system of means for transferring decisions, tracking their implementation, adjusting plans and measures, attracting the necessary material and human resources, evaluating the implementation of the policy. There has been stated two views on the formation of methods: both methods of a separate branch of law (town planning or construction law) and methods in the field of urban planning with reference to the existing branch of law (administrative, economic, civil). It has been concluded that among the most studied methods of legal regulation inherent for different branches of law, one distinguishes imperative and dispositive methods. The imperative method is aimed at the emergence, alteration or termination of legal relations in the field of urban planning and is implemented by the system of public authorities through the enforcement which results in the issuance of a law enforcement act. Due to its provisions the subjects of these legal relations acquire specific legal rights and obligations. At the same time, the dispositive method is widely used by the subjects of administrative and legal relations in the field of urban planning. Besides, the author has focused attention on the widespread use in practice of: imperative, empowering, encouraging and recommending methods. It has been noted that there is no unambiguous position among scholars on the principles in the construction industry, in general, and the principles specific to the activities of the subjects of administrative legal relations in the field of urban planning, in particular. The author has defined the system of principles of the activity of the subjects of administrative and legal relations in the field of urban planning: a) general principles that determine the general provisions of the activity of public authorities and are based on the legal and organizational provisions of the Laws of Ukraine “On Central Executive Agencies”, “On Local Self-Government”, “On Local State Administrations”, “On Public Service”; b) special principles to be specified in building legislation.

scholarly journals DETECTION OF REFLEXIVE SIGNS IN TOWN PLANNING SYSTEMS OF UKRAINE AND REPUBLIC OF BELARUS

2018 ◽  
Vol 17 (2) ◽  
pp. 123-129 ◽  
Author(s):  
V. A. Smilka
Keyword(s):  
Urban Planning ◽  
Construction Projects ◽  
System Analysis ◽  
Development Planning ◽  
Town Planning ◽  
Planning System ◽  
Planning Systems ◽  
Planning Activity ◽  
Common System ◽  
The Republic

As a city is a complex system, it complies with the principles pertaining to organization and management of systems. System analysis makes it possible to figure out the difference between managing systems (subject) from systems that are managed (object). There is a link between these system formations which unites them in a common system. Such relationship is a source of information for development of management action. Impact on the system is achieved through availability of influential means and data. Urban planning science represents a city as a complex of socio-economic, territorial-productive and demographic-ecological systems of the following type: “population” – “environment” – “activity”. “Environment” is thought of as a technical system with such synonyme notions as “urban planning system”, “anthropogenic environment”, “settlement system”. “Environment” has two components – territory and buildings. Ukrainian legislation determines that management of urban planning activities is carried out through developing urban planning documentation and carrying out urban planning monitoring. Results of the urban planning monitoring are taken into account while preparing urban planning documentation (introduction of amendments to it) and programs of socio-economic development. Thus, urban planning monitoring represents a management system of urban planning activity in the Ukraine. Legislation of the Republic of Belarus contains some provisions which regulate urban planning activity through urban development planning and zoning of territories; creation and maintenance of urban planning cadastre; control over development and implementation of urban planning, architectural and construction projects; implementation of state construction supervision. Data of the urban planning cadastre are taken into account in urban planning documentation. In comparison with the Ukraine management of the urban planning system in the Republic of Belarus is attached to the urban planning cadastre. The urban planning systems of the Ukraine and the Republic of Belarus are self-managed reflexive systems that organize their behavior with due account of not only the past experience but also due to possible impact of other system which is in interaction with it.

Current State of Legislation, Law Enforcement and Judicial Practice in the Sphere of Conclusion, Modification and Termination of Lease Agreements for Land Plots, Concluded for Construction Purposes

2020 ◽  
Vol 1 ◽  
pp. 16-23
Author(s):  
V. V. Cheremukhin ◽  
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Legal Regulation ◽  
Scientific Development ◽  
Synthesis System ◽  
Judicial Practice ◽  
Current State ◽  
General Scientific ◽  
Statistical Indicators

Construction, as a sphere of the national economy, has impressive statistical indicators, determining the importance and relevance of its proper legal regulation, especially in terms of land use for relevant purposes. This article discusses the current situation in the sphere of provision of land plots for construction purposes, further alteration and termination of the relevant lease relations; provides a detailed analysis of the current legislation, law enforcement and judicial practice in such sphere. The purpose of the article is to analyze and summarize legislation judicial and law enforcement practice in this area, as well as the development of specific directions for a comprehensive dissertation research, proposals for improving the legislation regulating these relations. This goal is achieved by solving tasks such as studying of the existing legal regulation of disputed legal relations, law enforcement and judicial practice, identification of problematic and conflict-of-laws issues in the field under consideration, review of the degree of scientific development of the research topic, determination of trends in the development of this sphere of legal relations, development of specific proposals for changing legislation and law enforcement practice. General scientific (synthesis, system analysis, analogy) and special (formal-legal, comparative-legal) methods are used to solve the above problems. Based on the results of consideration of these issues, the author formulates the main problems of the legal relations under consideration, an assessment of the current degree of scientific development of this field is given, the main directions of the planned scientific research are also outlined, proposals are formulated to improve legislation and law enforcement practice.

scholarly journals ANALYSIS OF STRUCTURAL ELEMENTS OF URBAN PLANNING SYSTEMS AND THEIR FUNCTIONAL PURPOSE

2020 ◽  
pp. 129-140
Author(s):  
Konstantyn Viatkin
Keyword(s):  
Urban Planning ◽  
Urban System ◽  
Town Planning ◽  
Planning System ◽  
Urban Systems ◽  
Structural Elements ◽  
Planning Systems ◽  
Definition Of ◽  
Further Development ◽  
Functional Purpose

The processes of functioning of urban planning systems in modern conditions of society development are subject to new challenges. These challenges are determined by changes in the environment, priorities for social development, problems of urban areas, which determine new models of spatial and territorial distribution of the population. The article is devoted to topical issues of finding ways to increase the attractiveness of areas for the population. Theoretical definition of the basic concept of town-planning systems, their components is given, normative-legal bases of theoretical definition of town-planning system are analyzed. Urbanization processes involve both the development of territories and the creation of additional aspects for research to improve urban systems. Problems of development of urbanized territories are worked out. "Smart" urbanization determines the conditions that in modern society meet the socio-economic, environmental and spatial requirements for a comfortable human life. The town-planning system is defined as a complex concept and its further structuring is carried out by allocating the enlarged blocks of town-planning systems, definition of their structural elements and analysis of the functional role of each structural element according to the defined blocks. The article analyzes the factors influencing the attractiveness of areas for the population in modern conditions of society. The identified factors are classified and grouped in order to form a system for assessing the attractiveness of the territory for the population for further development of measures to improve the comfort of living in this area, grouped into blocks: economic, social, spatial, environmental. Based on the structuring, a model of elements of the urban system and a model of parametric characteristics of the processes of assessing the attractiveness of the urban system were developed. These models are intended to be the basis for further development of a system for assessing the attractiveness of areas to ensure their sustainable development. These models are developed by analyzing urban systems, determining their elements and functional purpose, assessing the impact of each element on the attractiveness of the population. Carrying out the assessment by introducing an integrated criterion will not only determine the potential of the territory for further development, but also ensure the formation of strategic development plans by analyzing their "weaknesses" and making management decisions to deal with such negative factors. The result of this work should increase the attractiveness of the urban planning system for the population. Prospects for further research identify the processes of analysis of the potential of territories and forecasting ways of population movement in accordance with changes in territorial attractiveness.

scholarly journals Use of intelligence tools of operational and search activities in pre-trial investigation

2021 ◽  
Vol 10 (45) ◽  
pp. 105-112
Author(s):  
Oleh Tarasenko ◽  
Artem Shevchishen ◽  
Yurii Yermakov ◽  
Dmytro Mirkovets ◽  
Yaroslav Diakin
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Law Enforcement Officers ◽  
Theoretical Method ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Search Activity ◽  
The Subject ◽  
Operational Activities ◽  
Legal Grounds

The purpose of the article is to determine the features and legal grounds for the use of tools of operational and search activities in the pre-trial investigation. Subject of research: The subject of research is covert investigative (search) actions and operational and search measures. Methodology: dialectical method, formal logic methods, logical and semantic method, system analysis method, theoretical method, normative and dogmatic method, legal modeling method. The results of the study: Distinguishing between investigation and search measures, we apply the following principle: if the object of operational activities is already known to law enforcement officers we are talking about search measures, if not – about investigation measures. Practical consequences: The possibility of legal regulation of the use of tools of operational and search activity at the stages of criminal proceedings is determined. Value / originality: It is concluded that the list of operational and search measures also includes those that have no analogues with the CISAs and therefore operational and search measures do not duplicate the CISAs, but perform the task of ensuring the possibility of fulfilling the investigator’s instructions to conduct the CISAs.

scholarly journals Civil law aspects of the regulation of cosmetology services

2018 ◽  
Vol 6 (1) ◽  
pp. 1-1
Author(s):  
Армине Мограбян ◽  
Armine Mograbyan
Keyword(s):  
Complex Analysis ◽  
System Analysis ◽  
Civil Law ◽  
Legal Regulation ◽  
Medical Law ◽  
External Appearance ◽  
Surgical Services ◽  
Legal Method ◽  
General Object

In the current legislation there is no concept of cosmetology services, in science there is also no consensus on their content. In connection with this, the author sets the goal to investigate this concept as a private-law category, to determine its content and specifics. The main methods of the study were a comparative legal method and a method of system analysis. Results of the study. A complex analysis of private legal acts containing norms regulating cosmetology services as well as relations arising in the course of their provision is carried out. Various scientific positions in the field under study are examined, and as a result, the content of cosmetological services is determined, and their classification is carried out. Based on the analysis of the current legislation in the field of health, the specificity and correlation of such categories as "cosmetology services" and "cosmetic services" are defined. The main feature of cosmetic services is revealed, which is connected not with violation of the integrity of the human skin, but only with hygienic care of the external appearance. As a result of the study, it was concluded that the object of regulation of both cosmetological and cosmetic services is the appearance of a person. But, despite the general object of regulation, these are different concepts, because cosmetology services, unlike cosmetic services, are a kind of medical. In addition, the author carried out a classification of cosmetology services, which include therapeutic (curative) and surgical (operational) services. Surgical services, in turn, are divided into the following varieties: mandatory, at the request of the patient, rehabilitation and reconstructive. Scope of the results obtained. The results of the research can be applied for the purposes of private legal regulation of relations that arise in the process of providing cosmetology services, when lecturing, developing educational and methodological aids in civil and medical law, teaching legal disciplines related to the activities of medical organizations, as well as in lawmaking when making changes in the current legislation.

scholarly journals Legal issues of the development of resorts and medical and recreational areas regulation

2019 ◽  
pp. 200-208
Author(s):  
O. A. Romanova
Keyword(s):  
Sustainable Development ◽  
Urban Planning ◽  
Russian Federation ◽  
Legal Regulation ◽  
Legal Issues ◽  
Anthropogenic Pressure ◽  
Territorial Planning ◽  
The Russian Federation ◽  
Further Development

The paper discusses the problems of legal regulation of development of resorts and medical and recreational areas in the Russian Federation and suggests ways to further improve legislation in this sphere. The relevance of the topic is due to the prevailing unsystematic development of the territories of most resorts in Russia, which leads to an increase in anthropogenic pressure on resort ecosystems, degradation of natural medicinal resources, deterioration of the ecological and sanitary-epidemiological condition of the territories of resorts and health-improving areas. The author shows the importance and features of the organization of development of resorts and medical and recreational areas to ensure their sustainable development, analyzes the existing urban planning legislation in the part relating to the construction of resorts, reveals problems of regulation and implementation of urban planning activities in the resorts. The priority role of territorial planning in the regulation of reasonable development of resorts is justified taking into account the peculiarities of their functioning and further development.

scholarly journals TO THE QUESTION OF THE PECULIARITIES OF LEGAL REGULATION AND DISCIPLINARY RESPONSIBILITY UNDER THE CONDITIONS OF NEW ECONOMIC POLICY

2019 ◽  
Vol 8 (5) ◽  
Author(s):  
Indira A. Shakirova ◽  
Robert R. Safin ◽  
Irina N. Fardeeva ◽  
Iskandar G. Mukhametgaliyev
Keyword(s):  
Economic Policy ◽  
Legal Regulation ◽  
New Economic Policy ◽  
Scientific Analysis ◽  
Or Methodology ◽  
Governmental Institutions ◽  
Historical Comparative ◽  
Methods Of Learning ◽  
The Given ◽  
Further Development

The given article is devoted to the features of developing separate kinds of disciplinary liability in the period of new economic policy. Some features of legislative registration of a disciplinary responsibility in days of new economic policy and also during the specified period are analyzed. There was a formation of separate types of this responsibility: disciplinary responsibility on internal regulations, disciplinary responsibility on subordination and disciplinary responsibility of employees, according to the statutes on discipline and special provisions as a special type of disciplinary responsibility on subordination. The features of legal regulation of disciplinary responsibility, considered in article, were of great importance in further development of institute of a disciplinary liability and the legislation on a disciplinary liability.The purpose of the given article is to comprehend the process of disciplinary liability institute’s development on the basis of new achievements of legal science. Method or methodology of the work: modern methods of learning, special historical, comparative and legal methods were used. Results: scientific analysis of theoretical, historical and legal sources, determining the peculiarity and the content of disciplinary liability institute. Application of results: conclusions achieved as a result of scientific research can find practical application in law-making activities of governmental institutions.

Stalking: Classification and Typology

Stalking ◽  
2007 ◽  
Author(s):  
Debra A. Pinals
Keyword(s):  
Law Enforcement ◽  
Mental Health Professionals ◽  
Criminal Behavior ◽  
Psychiatric Symptoms ◽  
Legal Regulation ◽  
Classification Schemes ◽  
Treatment Considerations ◽  
Definition Of ◽  
The Given

Stalking, as currently conceptualized, is a complex phenomenon, and individual stalking cases can be quite distinct. Several authors have proposed classification schemes in an effort to discern and understand common themes among cases of stalking. These stalking “typologies” reflect both theoretical considerations and empirical examinations of persons whose behaviors have shaped the definition of stalking. Typologies have been constructed from clinical and law enforcement perspectives. Classification schemes to date have been broadly based on factors such as the motivation of the stalker, psychiatric symptoms among stalkers, the nature of the relationship between the pursuer and the victim, victim characteristics, and harm to the victim. These classifications have been conceptualized to assist with risk assessment, risk management, and treatment considerations in stalking cases. This chapter describes some historical underpinnings of classification categories, compares existing typologies of stalkers, and explicates the typological scheme adopted throughout this book. Over the last 15 years, stalking has become increasingly recognized as a distinctive form of potentially criminal behavior that may come to the attention of mental health professionals. At the same time that the criminal justice system has grappled with defining stalking for legal purposes, clinicians who encounter stalking behavior have attempted to create useful classifications of stalking behaviors. Attempts have also been made to develop taxonomies of stalking types that might guide law enforcement professionals. Taxonomic classifications are common in science and, when they are successful, they help us organize and identify unique aspects of information and refine our understanding of the given phenomenon under study. Setting up a system of classification of stalking, a behavior that is difficult to define and codify, has several advantages. Once established, a useful taxonomy of stalkers could improve communication among professionals and could help them better appreciate aspects of stalking, including the natural course of the behavior and prognosis of particular stalkers. In addition, taxonomic categorization can facilitate case comparisons and improve clinicians’ abilities to assess risks, manage risks, and provide treatment. Stalking typologies may also enlighten decisions about social policy and legal regulation related to the phenomenon.

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