scholarly journals The Legal Regulation in the Context of the Paired Operation of the Law and Opposition to its Implementation

2021 ◽  
Vol 16 (8) ◽  
pp. 11-20
Author(s):  
N. I. Sukhova
Keyword(s):  
Logical Form ◽  
Modern Science ◽  
Legal Regulation ◽  
Complete Model ◽  
Wide Range ◽  
The Law ◽  
Expected Outcomes

Legal reality examination reveals contradictions and uncertainties that make the researcher think about the correctness of the tasks and tools of doctrinal cognition. In modern science, a wide range of means of cognition have been developed, which makes it possible to overcome such situations and achieve the expected outcomes. One of the jurisprudence methodological resources includes the logical form of paired categories. This method is used to reveal the interaction between non-polar elements in any phenomenon, to form the most complete model of the process or mechanism functioning, etc. In the paper, the author proposes to examine the process of legal regulation through the linkage of the concepts "action of the law — opposition to the implementation of the law." The phenomena under consideration possess not only the distinctive properties, but also the properties that conciliate them. This made it possible to consider the interaction between the operation of the law and the counteraction to it within the framework of legal regulation. On the basis of the algorithm of categories pairing, the study concludes that the action of the law and the opposition to it are subordinate to the law of the unity and struggle of opposites. The development of the unity of the opposites under consideration is taking place in the course of legal regulation representing a contradiction expressed in two mutually exclusive statements: "legal regulation is determined by the operation of the law," "legal regulation is determined by opposition to the law."

Implementation of the Law on Responsible Treatment of Animals: from the quality of norms to effective law enforcement

2021 ◽  
Author(s):  
V. Avhadeev ◽  
L. Bitkova ◽  
C. Bogolyubov ◽  
I. Bondarchuk ◽  
A. Vinokurov ◽  
...  
Keyword(s):  
Social Relations ◽  
Animal Rights ◽  
Legal Regulation ◽  
Federal Law ◽  
Law Schools ◽  
Animal Shelters ◽  
State Supervision ◽  
Wide Range ◽  
The Law

The collection contains articles on the quality of the conceptual apparatus and terminology of Federal Law No. 498-FZ of December 27, 2018 "On Responsible Treatment of Animals and on Amendments to Certain Legislative Acts of the Russian Federation", the subject of its legal regulation, the effectiveness of the mechanism for its implementation laid down in the law, state supervision and public control in the field of animal treatment. The problems of organizing the activities of animal shelters without owners, protecting animals from abuse and responsibility for such offenses, directions and ways to improve Federal Law No. 498-FZ and the practice of its application are also highlighted. Attention is paid not only to modern, but also to historical, international and foreign experience of legal regulation of the considered social relations, norms-requirements, restrictions and prohibitions in the field of keeping and using animals, moral and ethical aspects of interaction between people and animals, which emphasizes the complex and interdisciplinary nature of the presented research. The publication is addressed to lawyers-scientists and practitioners, subjects of the law of legislative initiative, employees of state authorities and local self-government bodies directly involved in the application of the norms of Federal Law No. 498-FZ, employees of various organizations engaged in the maintenance, use and protection of animals, animal rights activists, students and postgraduates of law schools, as well as a wide range of readers interested in this issue.

scholarly journals Contract for the international sale of goods: Principle of autonomy of the will of parties within documents of the Hague Conference on Private International Law

2020 ◽  
Vol 11 (4) ◽  
pp. 972-992
Author(s):  
Tatiana V. Novikova ◽  
Keyword(s):  
International Law ◽  
Legal Regulation ◽  
Private International Law ◽  
External Trade ◽  
Wide Range ◽  
The Hague ◽  
The Law ◽  
International Sale Of Goods ◽  
Sensitive Issues ◽  
Autonomy Of Will

The article is devoted to the analysis of legal regulation dealing with choice-of-law agreements by parties to international sale of goods contracts, namely in two documents of the Hague Conference on Private International Law: the Convention of 1955 on the Law Applicable to International Sales of Goods (in force) and the Convention of 1986 on the Law Applicable to Contracts for the International Sale of Goods (not yet in force). The Convention of 1955 sets a strict standard of autonomy of will (choice of a country’s domestic law; based only on the terms of the contract). Having a small number of participants and characterized by inconsistent law enforcement practice, this convention, nevertheless, is a valid legal instrument which Russian actors in the field of external trade should take into account when cooperating with nationals of member states. The Convention of 1986 establishes a substantively more liberal autonomy of will standard (change of the applicable law; demonstrated by the terms of the contract and the conduct of the parties in their entirety). However, many participants in the drafting procedure led to a wide range of views in regard to parties’ autonomy (including diametrically opposite ones). This resulted in a compromise nature of the solutions (and even the drafters’ direct refusal to address parties’ choice sensitive issues: choice of lex mercatoria, depecage) and, likely, an insufficient adoption for the Convention to enter into force. The Conventions’ basic principles (1955 — irrespective of having a few number of participants; 1986 — irrespective of not entering into force) have the potential for practical application in international commercial arbitration. In the case of parties’ autonomy, such an application would be limited to its recognition as far as the standard of the first is strict and somewhat outdated, whereas the standard of the second has been accepted in the framework of discord between states and avoids addressing sensitive issues in its implementation.

scholarly journals REGULATORY FORMATION AND ACCOUNTING OF EQUITY AT LIMITED LIABILITY COMPANIES

2019 ◽  
pp. 136-146
Author(s):  
Yana ISHCHENKO
Keyword(s):  
Limited Liability ◽  
Legal Regulation ◽  
Equity Capital ◽  
The State ◽  
Macro Level ◽  
Wide Range ◽  
The Law ◽  
Legal Forms ◽  
Made In ◽  
Accounting Policy

The structure and dynamics of equity capital are the basis for determining the indicators that characterize the financial position and financial sustainability of the enterprise. Information support for the effective management of the company's own capital is formed, mainly, by the system of accounting and financial reporting. Reliable and complete coverage of the financial statements of information on the size and composition of equity capital is fundamental for an objective assessment of the financial status and efficiency of the enterprise and for making further decisions by owners, investors, creditors and other users of information. Over the past few years, some changes have been made in the way in which the equity of the enterprise is reflected in the accounting, which requires detailed analysis and evaluation of changes to find ways to improve the accounting of equity capital of the enterprise. The purpose of this publication is to study the legal regulation of the formation and accounting of equity, in particular in limited liability companies, as well as the development of organizational principles of its accounting. Financial independence of the enterprise and other indicators of the financial state directly depends from the complete and clear legal regulation of accounting of equity capital by enterprises of various organizational and legal forms, the effectiveness of the information management of capital formation, profit distribution, dividend and other corporate rights. The normative regulation of the accounting of own capital in Ukraine at the state level (macro level) and at the level of economic entities (micro level) is investigated. From June 17, 2018, the new Law on Limited Liability and Additional Liability Companies came into force. The fundamental change in the regulation of the activities of economic entities of such organizational and legal forms leads to the need to amend its constituent documents and internal accounting regulations. Changes made in accordance with the Law concerning the formation of the authorized capital of the companies with limited liability and additional liability are considered. An exemplary section of the order on the accounting policy that will regulate the accounting of own capital is designed and offered for practical use by limited liability companies. The formation of such section will allow the reconciliation of the accounting policies and constituent documents in order to meet the interests of users in accounting for equity capital. After all, the proper formation of accounting policies is an important element of internal regulation of the formation and accounting of equity, contributes to improving the completeness and reliability of information about the financial condition of the enterprise. Based on the study of legal regulation of formation and accounting of equity in limited liability companies, it was found that at the macro level the state regulates only certain aspects of these processes. Moreover, there remains a wide range of variability in the selection of organizational and methodological approaches to accounting of equity capital. This, in turn, provides the opportunity for the owners of the companies to choose the optimal alternative accounting option for this particular entity, taking into account the specifics of its activities. The main internal regulations of enterprises regulating the issues of formation, use and accounting of own capital are the statute and order on accounting policy. The research revealed shortcomings in the formation of norms as a charter and an order on accounting policies of limited liability companies in respect of own capital. Proposed changes to the specified internal regulations of limited liability companies, which will bring their norms in line with the norms of legislation, in particular with the norms of the Law of Ukraine "On Limited Liability Companies" of 22.06.2018, № 2275-VIII, and will allow to obtain full, relevant , unbiased information about equity capital for all the interested parties.

Оскарження рішень, дій чи бездіяльності публічної адміністрації як вид гарантії забезпечення надання публічних послуг у судовому порядку

2019 ◽  
Vol 24 ◽  
Author(s):  
О. В. Бойко
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Public Services ◽  
Legal Regulation ◽  
Scientific Article ◽  
Preliminary Stage ◽  
The Law ◽  
The Moment ◽  
Court Hearing

The scientific article identifies the peculiarities of appealing the decisions, actions or omissions of public administration subjects on the provision of public services at the stage of initiation and preparation for judicial review of an administrative case. The author substantiates the feasibility of improving the legal regulation of the procedure for holding a preliminary hearing before the court hearing of the case. In particular, it is considered expedient to set the terms of the preparatory meeting from the moment of receipt of the administrative claim, as well as to determine the cases when the parties are not reconciled.It is established that the preliminary stage of the court hearing often ends with the conclusion of the preliminary proceedings and the appointment of the case to trial in the field of public services. This is not against the law. However, it should be borne in mind that in accordance with Art. 121 of the CAS of Ukraine such a decision is delivered by the consequences of preparatory proceedings, not the previous court hearing. Obviously, preparatory proceedings are not limited to, and do not always end at, a previous court hearing. Preparation may continue after a preliminary hearing. Therefore, the decision to close the preliminary proceedings and assign the case to trial after the consequences of the previous court hearing can only be made if the judge has taken all the measures necessary to hear the case. If during a previous court hearing in the field of public services, to which all persons involved in the case have arrived, the issues necessary for its consideration have been resolved, then, with the written consent of these persons, a court hearing may be initiated on the same day. In this case, the termination order is also delivered.

Typologization of security regulation

2020 ◽  
pp. 20-27
Author(s):  
Denis Tikhomirov
Keyword(s):  
Social Relations ◽  
Scientific Literature ◽  
Legal Regulation ◽  
Procedural Understanding ◽  
Limited Ability ◽  
Methodological Basis ◽  
Wide Range ◽  
The Subject ◽  
Definition Of ◽  
Legal Understanding

The purpose of the article is to typologize terminological definitions of security, to find out the general, to identify the originality of their interpretations depending on the subject of legal regulation. The methodological basis of the study is the methods that made it possible to obtain valid conclusions, in particular, the method of comparison, through which it became possible to correlate different interpretations of the term "security"; method of hermeneutics, which allowed to elaborate texts of normative legal acts of Ukraine, method of typologization, which made it possible to create typologization groups of variants of understanding of the term "security". Scientific novelty. The article analyzes the understanding of the term "security" in various regulatory acts in force in Ukraine. Typological groups were understood to understand the term "security". Conclusions. The analysis of the legal material makes it possible to confirm that the issues of security are within the scope of both legislative regulation and various specialized by-laws. However, today there is no single conception on how to interpret security terminology. This is due both to the wide range of social relations that are the subject of legal regulation and to the relativity of the notion of security itself and the lack of coherence of views on its definition in legal acts and in the scientific literature. The multiplicity of definitions is explained by combinations of material and procedural understanding, static - dynamic, and conditioned by the peculiarities of a particular branch of legal regulation, limited ability to use methods of one or another branch, the inter-branch nature of some variations of security, etc. Separation, common and different in the definition of "security" can be used to further standardize, in fact, the regulatory legal understanding of security to more effectively implement the legal regulation of the security direction.

SOME CHARACTERISTICS OF CONTEMPORARY POLITICAL AND LEGAL DISCOURSE OF ETHNIC AND NATIONAL CONFLICTS IN RUSSIA

2020 ◽  
Vol 10 (4) ◽  
pp. 53-64
Author(s):  
ANDREY KURIUKIN ◽  
Keyword(s):  
Modern Science ◽  
Legal Discourse ◽  
Legal Regulation ◽  
Ethnic Relations ◽  
Soviet Society ◽  
The Russian Federation ◽  
The Russian Empire ◽  
New Research ◽  
The 19Th Century ◽  
Developing System

The issue of ethnic relations and the conflicts generated by them is acutely relevant. Many branches and directions of modern science study it. Political science and jurisprudence are in the foreground of the modern study of ethno-national conflictology. Over a long period of research, they have developed several influential approaches that have become widespread. The growing complexity of the surrounding political and legal reality, the escalation of conflict in society, including ethno-national, require the search and application of new research paradigms. One of these is the analysis of political and legal discourse, which consists in studying the ways of how legal meanings, ideas, opinions and preferences, which are carried by legislators, are technically and meaningfully embodied in the texts of normative acts, subsequently forming a specific political and legal reality. Analyzing the domestic ethno-conflictological political and legal discourse, the author concludes that in the era of the Russian Empire, the legalization of ethno-national relations had little attention from legislators, the documents adopted in the 19th century carried widespread ideas of the legislative theory and existed unchanged until 1917. The basic paradigm of the Soviet political and legal regulation of ethno-national relations was the ideological dogmas of the theorists of Marxism-Leninism, within which, in Soviet society, such a phenomenon as an ethno-national conflict was denied, but, in fact, existed. At the present stage, after the acute events of the second half of the 1980s - 1990s, a serious system of political and legal regulation of ethno-national relations was developed. It bore fruit. Today, the domestic political and legal regulation of ethno-national relations has the character of a developing system designed to adequately respond to changes. The article can be used to improve the state social and legal policy of the Russian Federation. Also, the materials presented can provide the interest of students, graduate students, teachers, researchers and other people who are interested in the current social, political and legal development of Russia.

Indonesian Law

2018 ◽  
Author(s):  
Tim Lindsey ◽  
Simon Butt
Keyword(s):  
Environmental Law ◽  
Customary Law ◽  
State Agencies ◽  
Court Decisions ◽  
Banking Competition ◽  
Inheritance System ◽  
Wide Range ◽  
Forest Law ◽  
Comprehensive Survey ◽  
The Law

This book explains Indonesia’s complex legal system and how it works. Covering a wide range of substantive topics from public to private law, including commercial, criminal, and constitutional law, it is the first comprehensive survey of Indonesian law in English. Offering clear answers to practical problems of current law, each chapter sets out relevant laws and leading court decisions, accompanied by an explanation of how the law works in practice, with an analytical critique. The book begins with an account of Indonesia’s Constitution and the key state agencies, before moving to the lawmaking process, decentralization, the judicial system and court procedure, and the legal profession (advocates, notaries, and legal aid). Part II covers traditional customary law (adat), land law, and environmental law, including forest law. Part III focuses on criminal law and procedure, including investigation, arrest, trial, sentencing, and appeals. It also covers human rights law and the law on corruption. Part IV deals with civil law, and covers civil liability, contracts, companies and other business vehicles, labour, foreign investment, taxation, insolvency, banking, competition, and media law. The book concludes in Part V with an account of Indonesia’s complex family law and inheritance system for both Muslims and non-Muslims. The book has an extensive glossary of legal terms, and detailed tables of legislation and court decisions, designed as unique resources for lawyers, policymakers, and researchers.

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.

Developing low-cost methane gas concentration measuring device

2021 ◽  
pp. 54-59
Author(s):  
Md. Mahidy Hossain ◽  
Nadim Khandaker
Keyword(s):  
Promising Result ◽  
Low Cost ◽  
Measurement Techniques ◽  
Health And Safety ◽  
Modern Science ◽  
Methane Content ◽  
Measuring Device ◽  
Methane Generation ◽  
Methane Gas ◽  
Wide Range

In every aspect of Engineering more advanced, efficient and progressive solutions are required. The modern age of science requires innovative minds. The field of environmental engineering is also advancing with modern science and technology innovations. Measuring of methane concentration and flow rate is nothing new, yet a complicated process. The need for more accurate measurement is a necessity in proper operation of bio digesters for methane generation. The traditional process of the measuring methane content in biogas is time consuming yet complicated. The need for development and application of methane measurement techniques is not only limited to biogas but has other monitoring value as well in other health and safety applications in built environments. Winsen Electronics and Hanwei Electronics are two of the leading sensor-manufactures of China who are providing a wide range of gas detecting sensors that are locally available in Bangladesh and yet has not been applied to methane content measurement in biogas operations. In This paper we are reporting on the application of a purpose-built propane, butane detector for methane gas detection within the range of accuracy for it to be applied in methane detection in a biogas stream. This paper, reports on application and calibration of the methane detecting sensor MQ-4 with promising result. Based on the study we postulate that the sensor can be used to detect methane for an on-line monitoring of many environmental, industrial purposes such as bio digesters, integrated waste management facility. The cost of fabrication of the sensor system is only $18 making it a viable sensor with respect to cost for application in Bangladesh.

Comparative analysis of normative legal acts on the execution of criminal penalties in the initial stage of the formation of the Russian state for the implementation of equality principle before the law

2021 ◽  
pp. 752-765
Author(s):  
Nikolai S. Kovalev
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Equal Rights ◽  
Scientific Methods ◽  
Soviet State ◽  
Labor Legislation ◽  
Initial Stage ◽  
Russian State ◽  
General Scientific ◽  
The Law

The object of the study is the implementation of equality principle before the law by fixing equal rights and obligations of prisoners in the normative legal acts of the Soviet state. The subject of research: provisions of normative legal acts of the Provisional Government, departmental normative acts of the People’s Commissariat of Justice of the RSFSR and People’s Commissariat for Internal Affairs of the RSFSR. As a methodological basis for cognition, general scientific methods of analysis, synthesis, induction, de-duction are used, which allow us to investigate aspects of legal reality directly related to the implementation of the principles of penal enforcement (correctional labor) legislation, to formulate reasonable conclusions. Private scientific methods: formal-legal and comparative-legal – allow us to identify differences in the legal regulation of the legal status of prisoners in the pre-war period. As a result of the conducted research, we make a reasonable conclusion that the principle of equality before the law, although it was not enshrined in specific norms regulating the procedure for the execution and serving of imprisonment, however, was manifested in the provisions regulating the legal status of persons deprived of liberty. The notions of equality before the law of both citizens in general and prisoners in particular were not the fundamental basis of the legislation of the Soviet State. Prisoners were differentiated on the basis of social affiliation, due to: 1) the principle of class approach proclaimed by the Constitution of the RSFSR; 2) the functioning of two systems of places of deprivation of liberty for prisoners with different social status; 3) regulating the execution (serving) of sentences in the form of deprivation of liberty by various regulatory legal acts.

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