THE LEGAL REGIME OF CRYPTOCURRENCY AND THE INSTITUTE OF INSOLVENCY (BANKRUPTCY): PROBLEMS OF LEGAL REGULATION

2019 ◽  
pp. 14-18
Author(s):  
S. A. Karelina ◽  
◽  
I. V. Frolov ◽  
Keyword(s):  
Legal Regulation ◽  
Legal Regime ◽  
Bankruptcy Problems

Experimental legislation: some conceptual approaches to explanation

2021 ◽  
Vol 23 (2) ◽  
pp. 16-23
Author(s):  
MIKHAIL DEGTYAREV ◽  
Keyword(s):  
Species Diversity ◽  
Russian Federation ◽  
Experimental Approach ◽  
Thought Experiment ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Regime ◽  
The Russian Federation ◽  
Goals And Objectives ◽  
Law Making

In connection with the adoption of the Federal Law of July 31, 2020 No. 258-FZ “On Experimental Legal Regimes in the Field of Digital Innovations in the Russian Federation” and of the Federal Law of July 31, 2020 No. 247-FZ “On Mandatory Requirements in the Russian Federation” (Article 13 “Experimental legal regime”) the topic of experimental legislation was updated. The article is devoted to the application of the experimental approach in legal regulation. The author reveals the essence of the concept of experimental legislation, explains the goals and objectives of using the appropriate technologies. The author notes that although in a broad sense it can be said that the adoption of any new law is in itself an experiment, there are still significant differences within the experimental law. The author sets out the essential features of a legislative experiment. The article examines the reasons for the need and prerequisites for the rationality of the use of experimental legislation. The author shows the nature of legislative experimentation and the merits of this toolkit. The author shows the areas of relevant application of the method of experimental legislation. The species diversity of methods of experimental regulatory regulation is indicated. The article compares the method of practical experimental legislation and the method of thought experiment in norm-writing and law- making activities. The article compares the method of practical experimental legislation and the method of digital duplicate-models of legislative acts. The author substantiates the existence of limits of applicability of the method of experimental legislation and demonstrates selected technologies of experimental legislation. In conclusion, the author turns to the complex and controversial problems of using the method of experimental legislation.

scholarly journals RESEARCHES CONCERNING CONFORMITY OF TECHNICAL DOCUMENTATION ON THE DETERMINATION (RENEWAL) OF LAND PLOTS BOUNDARIES OF HOMESTEAD BUILDINGS IN CITIES: ORGANIZATIONAL AND LEGAL ASPECTS

2017 ◽  
Vol 17 ◽  
pp. 290-297
Author(s):  
A I. Ripenko ◽  
A. A. Kolosiuk
Keyword(s):  
Legal Regulation ◽  
Legal Aspects ◽  
Public Land ◽  
Technical Documentation ◽  
Legal Regime ◽  
Forensic Examination ◽  
Basic Functions ◽  
Organizational Features ◽  
Working Out ◽  
Land Code

The paper considers the problems of insufficient methodical support of forensic examination within the limits of a speciality 10.20 «Researches of land planning issues» concerning conformity of the technical documentation on the determination (renewal) of land plots boundaries of homestead buildings in the cities. The thought of authors concerning expediency of working out techniques and methodical recommendations taking into account legislative and normative acts being in force in Ukraine for that time, is substantiated, and organizational features of legal regulation of lands under homestead buildings of cities in view of basic functions of such territories for their constant development and creation of appropriate conditions for residing of inhabitants are marked. The attention that the legal regime of using such lands needs complements concerning necessity of their operation according to the rules of territory beautification of a populated locality and other documentation concerning beautification issues, is paid. The idea on expediency of the Land Code of Ukraine amendments, in particular in its provisions concerning the use of inhabited and public land buildings in the limits ofpopulated localities taking into account the rules of territory beautification, is spoken out. The authors focus attention on the requirements to regulate the use of inhabited and public land buildings not only in the land legislation but also in the legislative acts which regulate a question of inhabited and public buildings territory beautification. Thus, for appropriate carrying out forensic examination on speciality 10.20 it’s necessary to develop methodical support both by adopting corresponding acts of land and city building legislation, standards, norms and rules of drawing up a technical documentation on the determination (renewal) of land plots boundaries in nature (on terrain) and by creation of the scientifically grounded techniques and methodical recommendations on the designated subjects.

scholarly journals THE LEGAL FATE OF THE OBJECTS PLACED IN AREAS WITH SPECIAL CONDITIONS FOR THE USE OF TERRITORIES IN VIOLATION OF ESTABLISHED RESTRICTIONS

2020 ◽  
Vol 24 (4) ◽  
pp. 1063-1077
Author(s):  
Marina S. Muravyeva
Keyword(s):  
Scientific Knowledge ◽  
Legal Regulation ◽  
Legal Regime ◽  
Methodological Basis ◽  
Judicial Practice ◽  
Legal Method ◽  
Logical Method ◽  
General Scientific ◽  
Method Analysis ◽  
Legal Grounds

The author considers the problem of placing buildings, structures and other objects in zones with special conditions for the use of territories in violation of the restrictions on the use of land plots established by law. Until August 2018, this issue was not regulated in the legislation, as well as the legal regime of protected zones and other zones with special conditions for the use of territories was not properly regulated. At the same time, the judicial practice on disputes over the demolition of these objects was not uniform. In connection with the adoption (in August 2018) of legislative acts affecting both the legal regulation of unauthorized buildings and regulation of the legal regime of zones with special conditions for the use of territories, the work makes attempts to analyze the current legislation, the main positions of the courts and understand the reasons that caused the adoption of new legislative acts. The author comes to the conclusion that at present the legal fate of objects located in zones with special conditions for the use of territories in violation of the restrictions established for land plots depends on a number of circumstances identified by the judicial authorities when considering disputes and having been enshrined in the norms of law. The methodological basis of the research is made up of general scientific (in particular, logical) and special legal (formal legal) methods of scientific knowledge. The logical method (analysis, synthesis, deduction, induction, analogy, etc.) made it possible to identify various legal grounds for the demolition of objects built in zones with special conditions for the use of territories in violation of the established restrictions. With the help of the formal legal method, the court practice of the applying the norms of civil legislation on unauthorized constructions in relation to the placement of objects in zones with special conditions for the use of territories was analyzed.

MATRIMONIAL PROPERTY RELATIONS IN THE INTERNATIONAL FAMILY LAW: METHODOLOGY OF REGULATION

2017 ◽  
Author(s):  
Yevhen Tkachenko ◽  
Keyword(s):  
Social Relations ◽  
Social Life ◽  
Family Law ◽  
Family Relations ◽  
Self Regulation ◽  
Essential Element ◽  
Legal Regulation ◽  
Legal Regime ◽  
Property Relations ◽  
Law Regulation

As a result of this study, the family law regulation of matrimonial property relations was found to have its specific mechanism which is defined as a single system of legal ways and means providing mainly dispositive legal influence on family relations that allows significant influence of individual self-regulation and restrictions of prohibitions. At the present stage of study, this mechanism is considered as a ‘complex’ phenomenon which has several layers. Therefore, different interpretations of the mechanism for family law regulation of matrimonial property relations, derived at various levels, show not only their distinctive but also their common features. Determination of heterogeneous circumstances affecting the matrimonial property relations requires an analysis of the content and legal regulation of the relations related to property ones, since they are influenced by the mechanism for family law regulation of matrimonial property relations. Therefore, the methodology is the most essential element of this mechanism: it reveals the basic legal principles of family law regulation and directly connects legal tools with the objectively determined needs of social life by using the regulatory functions of law. The structure of the methodology of the mechanism for family law regulation of matrimonial property relations includes permits, prohibitions, instructions, incentives, obligations, sanctions and other ways to influence proper relationships. Methods of family law regulation are determined as methods of legal influence on the relevant social relations. They reflect the essence of a particular legal regime of regulation, while serving as a unifying principle which groups the system of family law and other legal phenomena within the institutions of family law. In this sense, the main methods of legal regulation are the method of subordination and the method of coordination. As a result, it is determined that each family law method reflects a special legal regime of regulation and depends on the formation of a specific set of techniques and means of regulation, among which a special place is occupied by general permits and general prohibitions.

THE TYPES OF BIOLOGICAL DATABASES (BIOBANKS)

2021 ◽  
pp. 136-148
Author(s):  
Elena S. Boltanova ◽  
◽  
Maria P. Imekova ◽  
Keyword(s):  
Biological Samples ◽  
Local Level ◽  
Legal Regulation ◽  
Biological Data ◽  
Biological Information ◽  
Biological Databases ◽  
Legal Regime ◽  
Eu Countries ◽  
Legal Method ◽  
The Eu

In the world, it is customary to create biological databases of different species. And initially, the databases for the investigation of crimes were widespread. However, later, when their potential and benefits, including for medicine, were assessed, the databases for other areas appeared. Russia was no exception in this regard. Although, in our country, unlike foreign states, the activities of biological databases based on purposes other than the disclosure of crimes are practically not regulated in any way. This article deals with the analysis of legal regulation of biobanks in the Russian Federation and abroad. Special attention is paid to the classification of biobanks. The purpose of the study is to determine the feasibility in the legislative regulation of their activities, as well as the patterns in such a regulation. To achieve this goal, the authors studied extensive regulatory material, which included EU directives and national regulations of the EU member states. The methodological basis of the study was the general scientific and private scientific meth-ods of research. Of course, such private scientific research methods as the comparative-legal method and the formal legal method have been widely used. Due to the comparative legal analysis, it is established that the EU countries have a high level of legislative activity in terms of determining the legal regime of biological databases. All countries recognize the specifics of such a legal regime, which can largely be explained by a special legal nature of biological samples and biological data. In this regard, the following issues related to the activities of biological databases are reflected everywhere in the EU countries at the level of law: the procedure for their creation; the procedure for receiving, processing, storing and transmitting biological samples and the data obtained on their basis; the rights and obligations of database creators and persons who have provided their biological samples and biological data about themselves; a set of measures aimed at protecting the rights and interests of donors and third parties, etc. As it seems, a similar approach to the regulation of the activities of biological bases estab-lished not for the investigation of crimes should be implemented by Russia. At the same time, special attention should be paid to the research of biological databases. In the Russian Federa-tion, they are created, as a rule, at the local level. Their main drawback is that they are sepa-rate sources of limited biological information, functioning independently of each other while comprehensive (concentrated in one place) information can bring invaluable benefits and advantages for Russian science and medicine as a whole. However, this requires the estab-lishment of an appropriate legal framework.

The Legal Regime of the Technologies and Products Obtained Using GMOs: Discussion Questions

Legal Concept ◽  
2021 ◽  
pp. 195-204
Author(s):  
Alexey Anisimov ◽  
◽  
Olga Popova ◽  
Keyword(s):  
Climate Change ◽  
Global Climate ◽  
Genetically Modified ◽  
Genetic Research ◽  
World Market ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Legal Regime ◽  
Legal Method ◽  
The World

Introduction: the paper examines the problems associated with the definition of the legal regime of the technologies and products obtained using GMOs. The experts in the field of genetics have not yet come to an unambiguous conclusion about the degree of harm or benefit of products obtained using genetic modifications. Russia has strict restrictive measures for the production of genetically modified products. Consequently, there is virtually no market for genetically modified seeds produced in Russia. Nevertheless, the world is actively developing industries for the production of genetically modified agricultural products, and the market for the production of seeds is “captured” by a small number of foreign companies. On the other hand, climate change dictates the inevitability of using genetically modified products, the need to accelerate genetic research, and the production of GMO seeds and food. In this context, the authors set a goal to find a compromise (balanced) legal regulation of the legal regime of the technologies and products obtained using GMOs. Methods: the methodological framework for the research is a set of methods of scientific cognition, among which the formal-legal method and the method of comparative legal analysis are the leading positions. Results: the authors propose to consider the bans or support for GMO products in the context of trends in global climate change and ensuring food security. The authors have made a comparative analysis of the provisions of the international norms and the Russian legislation on the research and application of GMO technologies and products, which helped to identify an unbalanced legal regulation of the use of the GMO technologies in Russia, which reduces its competitiveness in this area on the world market. Conclusions: the Russian legislation needs to minimize this legal imbalance, which puts researchers in the field of plant genetics and producers of GMO seeds and food in unequal (worse) conditions. The legal regulation should ensure the coexistence of organic (environmentally friendly) agriculture, traditional agriculture, and the use of the GMO technologies; the introduction of special labeling of GMO products; the broadening of the powers of regional authorities in the use of GMO technologies; as well as the application of the principle of “traceability” to GMO products.

Approaches to understanding the category "special legal regimes"

2021 ◽  
Vol 28 (1) ◽  
pp. 71-78
Author(s):  
Oleksandr M. Bukhanevych ◽  
Anastasiia M. Mernyk ◽  
Oleh O. Petryshyn
Keyword(s):  
Civil Rights ◽  
Public Relations ◽  
Legal Regulation ◽  
Special Focus ◽  
Negative Consequences ◽  
Legal Regime ◽  
Martial Law ◽  
State Of Emergency ◽  
Legal Personality ◽  
Legal Regimes

The study investigates the main approaches to understanding such legal categories as “legal regimes” and “special legal regime”, and provides their classification. Special legal regimes serve as the legal basis for restricting human and civil rights and freedoms; therefore, the relevance of the study of the concept, types, and main features of special legal regimes is beyond doubt. The authors of the study consider the relationship between the categories of special legal regime of a state of emergency and martial law, and describe the main grounds for their imposition. The authors noted a need for a clear, consistent legal regulation of the model of behaviour aimed at overcoming and eliminating negative consequences of an emergency and military nature. Attention is focused on the fact that in Ukraine, the regulation of public relations arising in connection with emergencies and military situations has become particularly important after the emergence of a military conflict on the territory of Ukraine and the spread of the COVID-19 virus. The study provides the author’s vision of the categories “legal regimes” and “special legal regimes”. it is proposed to interpret the legal regimes as the regulatory procedure, which is expressed in a set of legal means that describe a special combination of interacting permits, prohibitions, and obligations, while implementing a special focus of regulation. The latter should be interpreted as a form of public administration that makes provision for the restriction of the legal personality of individuals and legal entities, introduced as a temporary measure provided by means of administrative and legal nature, and aimed at ensuring the security of the individual, society, and the state. The study provides the classification of special legal regimes and contains proposals to distinguish them according to the content and basis of occurrence as follows: state of emergency, martial law, state of siege, state of war, state of public danger, state of tension, state of defence, state of threat, state of readiness, state of vigilance

scholarly journals To the problem of legal regulation of agricultural land turnover in the Russian Federation

2020 ◽  
Vol 176 ◽  
pp. 06005
Author(s):  
Irina P. Chupina ◽  
Natalia N. Simachkova ◽  
Oksana S. Trotsenko
Keyword(s):  
Russian Federation ◽  
Agricultural Land ◽  
Life Support ◽  
Legal Regulation ◽  
Point Of View ◽  
Natural Fertility ◽  
Legal Regime ◽  
Land Relations ◽  
Legitimate Interests ◽  
The Russian Federation

The authors comprehensively investigated theoretical and practical problems of legal regulation of agricultural land turnover in the Russian Federation. They analyzed the jurisprudence in the field of agricultural land turnover, examined the legal regime of agricultural land in the Russian Federation, investigated the peculiarities of land plots turnover from agricultural lands, identified a number of significant problems in the legislation in the field of legal regulation of agricultural purposes land turnover. It is difficult to overestimate the importance of land, which is a nonrecoverable natural resource. From this point of view, agricultural land has a unique unrepeatable natural fertility capacity that determines the possibility of producing life support products, being an essential component of the environmental system. In the annual Address to the Federal Assembly of the President of Russia in 2019, V.V. Putin, specifying the main directions of strategic development of the country, noted the high importance of the land legislation development. The peculiarities of the agricultural land plots turnover are due to the public nature of land relations regulation. For this category of land, a special legal regime is established for food security purposes of Russia, which leads to the prevention of removing these lands from agricultural circulation, as well as building development. According to articles 9, 36 of the Constitution of the Russian Federation, “land and other natural resources are used and protected in the Russian Federation as the basis for the lives and activities of peoples living on the the relevant territory” and the exercise of authority by land owners is limited to conditions for potentially damaging the environment and violation of rights and legitimate interests of other persons.

Administrative Legal Regime in the Arctic Area

2015 ◽  
Vol 3 (11) ◽  
pp. 0-0
Author(s):  
Владимир Кузнецов ◽  
Vladimir Kuznetsov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
The Arctic ◽  
Arctic Zone ◽  
Legal Regime ◽  
Management Procedure ◽  
The Russian Federation ◽  
Northern Territories ◽  
Arctic Area

The development of the Russian Northern territories is not only a domestic problem of this country, but also a global one. The Polar region, which is also called the Arctic area, attracts many and requires concentration of all forces on the solution of the problem of its development in the economic, social, military and strategic dimensions. In proportion to these circumstances, the role of legal aspects in the developing and emerging social relations also increases. Legal regulation for these parts of the Russian Northern territories and adjacent waters of the Arctic Ocean, constituting the Arctic zone of the Russian Federation, requires certain uniformity. This can be achieved by improving public administration over the Arctic zone of the Russian Federation, legislative recognition of its special status and the establishment of special regimes for natural resources, environmental protection, regulation of navigation along the seaways of the Northern sea route. It involves the formation of a special management procedure, i.e. the formation of a special administrative-legal regime. This is a complex task that requires scientific understanding of the problems that have a significant impact on the formation of the administrative legal regime in the Arctic zone of the Russian Federation.

Principles of legal regulation of building land

10.12737/525 ◽  
2013 ◽  
Vol 1 (3) ◽  
pp. 140-147
Author(s):  
Елена Болтанова ◽  
Elena Boltanova
Keyword(s):  
Law Enforcement ◽  
Land Development ◽  
Ecosystem Approach ◽  
Legal Regulation ◽  
Underground Space ◽  
Legal Regime ◽  
Comprehensive Development ◽  
Federal Laws ◽  
Enforcement Authority ◽  
Under Construction

In this article the author proves that the legislation on land development should be based not only on those principles, which are already reflected in the current federal laws, but also on the following fundamental principles: greening the norms constituting the legal regime of built-up land and land subject to development; the ecosystem approach to the use of natural objects for construction of a balanced and comprehensive development of underground space under construction in the cities; payment for the use of natural sites for construction. These principles must become mandatory for the legislator and the law enforcement authority and provide the basis for design of other norms governing the construction land.

Sign in / Sign up

Export Citation Format

Share Document