scholarly journals Financial and Legal Relations and Key Legal Categories in the Field of Megasience

2021 ◽  
Vol 16 (5) ◽  
pp. 63-69
Author(s):  
R. V. Tkachenko

The paper is devoted to the examination of some legal aspects of the legislative regulation of public relations in the field of large-scale international research infrastructures. The author identifies the features of public relations in the field of Megasience, examines various approaches to the definition of this category. In particular, it is determined that it is the rules of financial law that regulate the complex of public relations within which public financial activities are carried out in the field under consideration, namely: relations concerning financing at the expense of centralized funds (budgets) as well as using extrabudgetary sources for creating large-scale research infrastructures — unique scientific Mega-science installations; relations associated with the application of various tax incentives and preferences, investment tax credits by scientific and other organizations involved in the implementation of Megascience projects; financial control and supervision relations in the process of creation and operation of global research infrastructure facilities. The author makes proposals concerning the need to develop and adopt a special federal law of the Russian Federation regulating public relations in the field under consideration, as well as public relations in the field of international collaboration related to the implementation of international research activities based on Megascience facilities by the States Parties to such activities. The author gives possible definitions of key concepts applied in the field of Megasience.

2021 ◽  
Vol 16 (5) ◽  
pp. 55-62
Author(s):  
R. V. Tkachenko

The paper is devoted to the examination of some legal aspects of the legislative regulation of public relations in the field of large-scale international research infrastructures. The author identifies the features of public relations in the field of Megasience, examines various approaches to the definition of this category. In particular, it is determined that it is the rules of financial law that regulate the complex of public relations within which public financial activities are carried out in the field under consideration, namely: relations concerning financing at the expense of centralized funds (budgets) as well as using extrabudgetary sources for creating large-scale research infrastructures — unique scientific Mega-science installations; relations associated with the application of various tax incentives and preferences, investment tax credits by scientific and other organizations involved in the implementation of Megascience projects; financial control and supervision relations in the process of creation and operation of global research infrastructure facilities. The author makes proposals concerning the need to develop and adopt a special federal law of the Russian Federation regulating public relations in the field under consideration, as well as public relations in the field of international collaboration related to the implementation of international research activities based on Megascience facilities by the States Parties to such activities. The author gives possible definitions of key concepts applied in the field of Megasience. 


2016 ◽  
Vol 4 (5) ◽  
pp. 0-0
Author(s):  
Елена Минина ◽  
Elena Minina

In the modern context the necessity of comprehensive protection of flora increases. Meanwhile, the Russian legislation fragmentarily regulates the use and protection of vegetation outside forest lands. The legal regime of greenery in cities and other settlements is regulated by local laws, which are not always optimal. It is necessary to draft a federal law on the plant world containing a definition of species of flora, as well as differentiation between the scope of the legislation on flora and related branches, the forest legislation, in the first place. The article analyzes other countries’ experience in dealing with these issues which will enable to develop optimal approaches to the formation of legislation in this sphere of public relations.


2020 ◽  
Vol 11 (11) ◽  
pp. 307-312
Author(s):  
KOSTETSKA T. А.

The relevance of the article’s material caused by the problem of implementing an effective national state policy in the field of information society development, improvement of control activity of public authorities on the functioning of subjects of information activity, observance of the requirements of the current legislation. The versatility and multidimensionality of control in the information sphere and its direction – state control over observance of information legislation are emphasizing. The constitutional and legal nature of the investigated control is emphasizing. In the scientific literature such control is sometimes called as "information control", "infocommunication control". There is an insufficient theoretical and applied development of the legal aspects of the described phenomenon, the absence in modern science of a comprehensive analysis of the constitutional and legal problems of control activities in the specified sphere of public relations. It is substantiating that methodologically, the study of these institutions should be base on existing significant developments in legal science regarding the characteristics of control as a function of social and public administration. The existing conceptual approaches to the definition of "state control in the information sphere", its types, are analyzing. The author's definition of appropriate concept, as well as the concept of state control over the observance of information legislation, control and supervision activities were formulated. It is specifying that the legal nature of state control in the information sphere should be consider in the correlation of such concepts as "supervision" and "control". Based on the analysis of the legal content of these categories was substantiated that in the complex, they can be considered as the appropriate control and oversight activities. A description of the legal means of its implementation is given. Separate attention is focuses to the kind of state control - parliamentary control in the relevant sphere. Emphasizes its leading role in the system of state control over compliance with information legislation. The subjects, the basic forms and methods of control and supervision activity, its legal bases are outlining. Emphasizes the need for constant attention from experts to the problems of implementation, improvement of this institute. The main directions of improvement of both state control over observance of information legislation and control in general in the investigated sphere of relations in general are outlining. key words: informative sphere, state control, information legislation, parliamentary control


2019 ◽  
Vol 13 (1) ◽  
pp. 110-115
Author(s):  
A. M. Rudakov ◽  

In the article the author actualizes the problem of narrow interpretation of the realization of the freedom of conscience and freedom of religion. The Federal Law “On Freedom of Conscience and Religious Associations”, Penal Code of the RF regulates the implementation of exclusively religious beliefs. Other convictions (political, philosophical, ideological) are mentioned in legal acts regulating various spheres of social relations, but without a single legal mechanism remain declarative. The author analyzes two directions of realization of freedom of conscience and freedom of religion by convicted minors: religious and non-religious and justifies the need to enshrine in the penal legislation an expanded interpretation of freedom of conscience and freedom of religion, the possibility of restricting them, providing for a system of protective norms; as well as political information and ideological education of minor convicts. As part of the study an interdisciplinary study of the conceptual apparatus and legal thesaurus of public relations on the implementation of freedom of conscience and freedom of religion by convicted minors serving a sentence of imprisonment was conducted, the essence of the legal terms used was investigated, aspects of the legislative technique, international standards for the treatment of convicts were investigated; there are formulated proposals to improve the legal and organizational framework for the implementation of freedom of conscience and religion of minor convicts.


2003 ◽  
pp. 50-61 ◽  
Author(s):  
T. Medvedeva ◽  
A. Timofeev

The article analyzes legal aspects of institutes of corporate governance. Different draft laws "On Joint-Stock Companies" are considered which reflected interests of separate groups of participants of market relations. Stages of property redistribution are outlined. The advantages of the model of the open joint-stock company are formulated. Special attention is paid to the demand for legal institutes of corporate governance as well as to the process of accepting the Federal Law "On Entering Amendments to the Federal Law "On Joint-Stock Companies"" which was enacted in 2002. The article contains proposals directed at improvement of corporate legislation.


2016 ◽  
pp. 52-65
Author(s):  
Patryk Kołodyński ◽  
Paulina Drab

Over the past several years, transplantology has become one of the fastest developing areas of medicine. The reason is, first and foremost, a significant improvement of the results of successful transplants. However, much controversy arouse among the public, on both medical and ethical grounds. The article presents the most important concepts and regulations relating to the collection and transplantation of organs and tissues in the context of the European Convention on Bioethics. It analyses the convention and its additional protocol. The article provides the definition of transplantation and distinguishes its types, taking into account the medical criteria for organ transplants. Moreover, authors explained the issue of organ donation ex vivo and ex mortuo. The European Convention on Human Rights and Biomedicine clearly regulates the legal aspects concerning the transplantation and related basic concepts, and therefore provides a reliable source of information about organ transplantation and tissue. This act is a part of the international legal order, which includes the established codification of bioethical standards.


2009 ◽  
Vol 160 (9) ◽  
pp. 263-274
Author(s):  
Alois Keel ◽  
Willi Zimmermann

With the entry into force of the new Swiss Federal Law on Forests on the 1st of January 1993, the basis of decision-making for the Federal Supreme Court concerning forestry issues has, at least formally, fundamentally changed. This article depicts the development of the Federal Supreme Court's jurisdiction during 2000–2008 concerning the legislation on forests. The analysis of about 100 decisions reveals that the federal jurisdiction has, with regard to contents, barely changed in comparison to that of the federal law on supervision of the forest police of 1902. The most frequent causes of dispute are assessments of forest status, authorizations for deforestation, and forest distance regulations. The Federal Supreme Court merely refined the jurisdiction; it did not, or did not need to disclose fundamentally new lines [benchmarks]. It rather adheres to the restrictive definition of forest and the strict conservation of forests, while the cantons do not dispose of a large scope for the deforestation jurisdiction or the definition of the term “forest”. The Federal Supreme Court grants the cantons more freedom to regulate and implement the forest distance. Obvious changes can be observed concerning the number of forest law cases that have been dealt with by the Federal Supreme Court. Compared to the 1980ies and early 1990ies, they have decreased by more than half. Among others, reasons for this decrease are the cantons' obligation to appoint courts only as last cantonal resort, the improvement of the formal and material coordination of the proceedings, and the introduction of the “static forest term” with respect to building zones in the sense of the federal law on area planning.


Author(s):  
С. Л. Подвальный ◽  
О. А. Сотникова ◽  
Я. А. Золотухина

Постановка задачи. В настоящее время формирование современной комфортной городской среды приобретает особое социально-экономическое значение и выдвигается в число приоритетных государственных масштабных программ. В связи с этим необходимо разработать концепцию благоустройства ключевого общественного пространства, а именно: определить основные и сопутствующие функции данной территории, создать эскизное предложение проекта благоустройства с учетом всех необходимых норм и стандартов, внедрить современные технологии. Результаты. Выполнен эскизный дизайн-проект «Аллеи архитекторов» по ул. Орджоникидзе г. Воронеж, включающий в себя основные элементы по зонированию территории, проектированию акцентных объектов и внедрению инновационных технологий «умного города», позволяющих повысить уровень комфорта горожан. Выводы. Благоустройство населенных мест приобретает особое значение в условиях дискомфорта среды. С выполнением комплекса мероприятий, направленных на благоустройство, и с внедрением современных технологий значительно улучшается экологическое состояние, внешний облик города. Оздоровление и модернизация среды, которая окружает человека в городе, благотворно влияет на психофизическое состояние, что особенно важно в период интенсивного роста городов. Statement of the problem. Currently the formation of the modern comfortable urban environment is gaining a special social and economic value and moving forward in the priorities of state large-scale programs. The purpose of development of the concept of improvement of public space is definition of the main and accompanying functions of this territory, design of the outline offer of the project of improvement considering all necessary norms and standards and implementation of modern technologies. Results. The conceptual project of “Alley of Architects” includes the basic elements of territory zoning, design of accent objects and implementation of technologies of a “smart-city”. These elements allow one to increase the level of comfort of inhabitants. Conclusions. Improvement of the inhabited places is of particular importance in the conditions of discomfort of the environment. Carrying out a complex of the actions directed to gardening and improvement, introducing modern technologies, the ecological condition, the physical appearance of the city considerably improves. Improvement and modernization of the environment which surrounds the person in the city influences a psychophysical state well that especially important during intensive growth of the cities.


2020 ◽  
Vol 1 (9) ◽  
pp. 119-124
Author(s):  
D. R. GINIYATULLINA ◽  
◽  
◽  

Since 2013, there has been an active transformation of the regulatory framework related to the implementation of international standards of internal audit in Russian practice, which regulates the organization and implementation of internal financial control and internal financial audit in the general government sector. However, the regulatory framework is constantly undergoing changes that are associated with the need to take into account the specifics of the functioning of these organizations. Particular attention is paid to the development of the methodological foundations of internal financial control and audit on the basis of amendments made by the Federal Law of July 26.07.2019, 199-FZ to the Budget Code of the Russian Federation. In particular, internal financial control was removed from the budgetary powers of participants in the budget process. When these changes were implemented, a lot of questions arose, such as the exclusion of internal financial control as a separate budgetary authority means that this type of control can be omitted, journals and internal control cards are not kept.


2020 ◽  
Vol 2 (1) ◽  
pp. 59-81
Author(s):  
D. A. Lovtsov ◽  

Introduction. The lack of a coherent systemology law does not enable the use of evidence-based formalization to solve the basic theoretical problems of law interpretation and enforcement. The development of an appropriate formal-theoretical apparatus is possible on the basis of a productive systemological concept. The justification of this concept is based on the study of philosophical bases and fundamental principles (integrity, dynamic equilibrium, feedback, etc.) and the use of logical and linguistic methods of problem-oriented system approach. Theoretical Basis. Methods. The conceptual and logical modeling of legal ergasystems, the systems analysis and resolution of the theory-applied base of technology of two-tier legal regulation; the synthesis and modification of private scientific results of the author published in 2000–2019, with copyright in the author’s scientific works and educational publications. Results. The contemporary conceptual variant of combined “ICS”-approach (“information, cybernetic and synergetic”) as a general methodology of analysis and optimization of legal ergasystems, as characterized by the following conditions: the substantiation of the appropriate three-part set of methodological research principles, corresponding to the triple-aspect physical nature of the study of complex legal systems as ergasystems; the clarification of the conceptual and logical model of the legal ergasystem taking into account the fundamental feedback principle; the definition of the law of necessary diversity of William R. Ashby is justified and corresponding conditions of realize of effective technology of two-level (normative and individual) legal regulation; the definition of basic concepts and methodological principles of modern systemology of legal regulation; the justification of the functional organization of the Invariant Rational Control Loop. Discussion and Conclusion. A developed conceptual object-oriented version of combined “ICS”-approach for analysis and optimization of legal ergasystems is a methodological basis for the development of a working formal-theoretical apparatus of legal regulation systemology. This will formalize the decisions of the main theoretical problems of law interpretation and enforcement, as well as developing and implementing special information and legal technologies based on the concept of information and functional databases and knowledge. This will in turn ensure the information increases the effectiveness of the system of legal regulation of public relations as an information and cybernetic system subject to the subjective organizing process of human activity and the objective synergetic processes of disorganization.


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