scholarly journals Ochrona biosfery na obszarach Natura 2000

2020 ◽  
Vol 29 (2) ◽  
pp. 151
Author(s):  
Adam Niewiadomski
Keyword(s):  
Nature Conservation ◽  
Environmental Conditions ◽  
Natura 2000 ◽  
Legal Framework ◽  
The State ◽  
Nature Protection ◽  
Legal Norms

<p>The article presents the main assumptions concerning the functioning of Natura 2000 sites in Europe, with particular emphasis on Polish regulations. These areas of high natural value directly influence the shape of nature conservation and the state of the climate. In this latter context, legal norms and legislators face the challenge of finding such a legal framework to prevent the progressive degradation of the climate. The functioning Natura 2000 sites in Poland as one of the forms of nature protection may be helpful in this respect, provided that the plans of protection tasks are adapted to the changing environmental conditions.</p>

scholarly journals Legal Framework for Regulating Physical Education and Sports in Kuzbass (1985–2008)

2020 ◽  
Vol 2020 (2) ◽  
pp. 161-167
Author(s):  
Vladimir Kazmin ◽  
Margarita Kazmina ◽  
Evgeniya Yuzupkina
Keyword(s):  
Soviet Union ◽  
Physical Education ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Transitional Period ◽  
Soviet Period ◽  
Legal Norms ◽  
Legal Method ◽  
Wide Range

The paper features legislative regulation of physical education and sports in different historical periods. The research objective was to describe the legal framework of the Soviet and post-Soviet periods in order to use the experience in modern conditions. The study was based on the following scientific principles and methods. The principle of scientific research made it possible to use of a wide range of published and unpublished archival documents and scientific sources. The principle of historicism allowed the authors to identify the state of legal regulation in various historical epochs, as well as the nature of the changes they underwent. The comparative legal method helped identify the nature of the legal framework, its content in the Soviet period, and the qualitative changes that occurred after the collapse of the Soviet Union. As a result, the authors identified a number of stages in the development of the legal framework in question. The period of the Soviet legal norms lasted from the mid 1980s to early 1990s. During the transitional period of the 1990s, Russia was actively searching for legal regulation: the basic legislation was adopted in 1993, and the Law itself entered into force in 1999. The third period began when the state law on physical education and sport was adopted in 2008. Soon after that, a similar document was released in Kuzbass. In this regard, the development of sports law is a system of legal norms that regulate relations in the field of physical education and sports at the Federal and regional levels. The results of the research can be used in the development of the regulatory framework by Federal and regional legislative bodies, the scientific community, and lawyers involved in sports and physical education law.

MEDICAL LAW IN UKRAINE: PROBLEMS AND PROSPECTS OF DEVELOPMENT

2018 ◽  
Author(s):  
Irina Sukhodubova ◽  
◽  
Veronika Irzhavska ◽  
Keyword(s):  
Health Care ◽  
Public Relations ◽  
Health Care System ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Medical Law ◽  
Legal Norms ◽  
Separate Branch ◽  
Care System

The article considers the issue of branch affiliation of medical law. In particular, numerous studies conducted by recognized experts and scientists on the independence of the field of medical law are analyzed. The relevance of the allocation of medical law in a separate branch of law of Ukraine is highlighted. Since the sectoral affiliation of medical law remains uncertain, this indicates the relevance, feasibility and necessity of a comprehensive study of the sectoral affiliation of medical law of Ukraine. In general, it is determined that medical law is a complex branch of law that includes a set of legal norms that regulate public relations in the health care system. The review of literature sources summarizes the state of the legal framework for the regulation of medical activities in Ukraine. When considering various sources and scientific works, the state of the regulatory framework for the regulation of medical activities and the health care system in Ukraine is summarized. The relevance of the allocation of medical law in a separate branch of law of Ukraine is highlighted. For this purpose, state bodies face the task of creating a separate complex branch of medical law. And before scientists - the development of medical jurisprudence as a separate branch of legal science. It can be concluded that such a document as the Medical Code of Ukraine is one of the tools for implementing the state health policy. Methods of improving and overcoming problematic situations in the system of legal regulation of health care are considered. The general provisions of the Medical Code are defined and the important features which should be contained in the corresponding codified act are specified. It is noted that the creation and adoption of an appropriate code will contribute to the quality and effective legal regulation of legal relations in the field of health care, as well as in the field of medical care, should become a reliable foundation of medical law.

scholarly journals Population trends of Goričko agricultural landscape birds

Acrocephalus ◽  
2017 ◽  
Vol 38 (174-175) ◽  
pp. 127-159 ◽  
Author(s):  
Katarina Denac ◽  
Primož Kmecl ◽  
Gregor Domanjko ◽  
Damijan Denac
Keyword(s):  
Nature Conservation ◽  
Agricultural Landscape ◽  
Population Decline ◽  
Bird Species ◽  
Natura 2000 ◽  
Population Trends ◽  
Land Consolidation ◽  
Bird Conservation ◽  
Habitat Types ◽  
Nature Protection

AbstractDue to numerous bird surveys in the past 20 years, the avifauna of Goričko is relatively well known. For some species, the very first national ecological researches were conducted in this area. The article summarizes all bird surveys so far. It presents population trends of farmland species which is one of the most threatened bird groups in Europe. Most of the qualifying species of this habitat that are protected within the Natura 2000 network have suffered a decline at Goričko, specifically QuailCoturnix coturnix, Scops OwlOtus scops, HoopoeUpupa epops, WoodlarkLullula arboreaand White StorkCiconia ciconia. The number of breeding pairs of the latter has not changed, but its fecundity has decreased. Furthermore, populations of other farmland bird species have decreased, for example SkylarkAlauda arvensis, StonechatSaxicola rubicola, SerinSerinus serinusand Common LinnetLinaria cannabina, as well as butterfly populations and tracts of grassland habitat types. National agricultural and nature conservation policies are evidently inefficient in protecting the biodiversity of Goričko. The most probable cause for bird population decline is agricultural intensification, which manifests itself at Goričko as disappearance and intensification of meadows, land consolidation, degradation of traditional orchards and use of pesticides. As a result of land consolidation hedges, uncultivated strips between fields, individual trees and bushes and minority habitat types are disappearing, whereas the surface of arable fields is increasing. Nature conservation measures performed by the Public Institute Goričko Nature Park with the support of DOPPS – BirdLife Slovenia volunteers seem to be efficient, but are spatially and temporally constrained. For this reason, they cannot serve as a substitute for insufficient systemic financing which could be improved by substantive and financial reform of the agri-environmental scheme. Currently, a negligible percentage (1% in 2016) of Goričko is covered by agrienvironmental scheme measures with positive influence on qualifying species and habitat types. As a consequence, only an insignificant share of subsidies from the Rural Development Plan is used for nature protection at Goričko. If the system of agricultural subsidies remains unaltered, no improvement of the conditions for bird conservation at Goričko can be expected.

scholarly journals Theoretical and legal characteristics of problem aspects of free secondary legal aid and prospects of their solution

2021 ◽  
pp. 4-8
Author(s):  
Larysa Nalyvaiko ◽  
Maryna Novikova
Keyword(s):  
Technical Assistance ◽  
Public Organizations ◽  
Legal Framework ◽  
The State ◽  
Legal Aid ◽  
Council Of Europe ◽  
Legal Norms ◽  
European Court ◽  
To Receive

The article analyzes problems of providing free secondary legal aid in Ukraine. Based on the studied statistical indicators, it is determined, that the most unresolved issues are the availability and quality of legal aid. It is stated, that in order to overcome these obstacles, the state, represented by the authorized bodies, cooperates with many international organizations, participates in international technical assistance projects and provides communication with international and national public organizations. Based on the study, it is noted, that today attention should be paid not only to highlight the possibility of obtaining free secondary legal aid, but also to the dissemination of mechanisms for obtaining such assistance and their features. It is determined, that today in Ukraine the state and public organizations are actively working to increase the level of availability of free legal aid in Ukraine. The Law of Ukraine «On Free Legal Aid» contains a detailed list of persons entitled, in particular, to receive free secondary legal aid, the rights and obligations of entities to provide such assistance. However due to the abstract nature of legal norms and the style of their presentation, there is a need in society to explain these regulations to the population. To this end, various activities are carried out, in particular, cooperation with the media, publishing brochures, distributing educational videos on the Internet, which has a positive character and, as a consequence, achieving the goal – increasing the availability of free legal aid in Ukraine. The participation of representatives of the international community in providing free legal aid is analyzed. It was stated, that the representatives of the Council of Europe recommended that the national institutions improve the legal framework for the provision of free legal aid in order to make the institution more accessible and understandable to those entitled to receive it. In addition, the Council of Europe recommended improving the area of ​​criminal justice in terms of coherence of efforts to provide each suspect or accused with affordable and quality legal assistance. It is noted, that the quality of free legal aid depends on many factors. In particular, lawyers discussed the thesis of incentives to provide quality assistance, as in a significant number of cases the lawyer interferes with concentration, and as a consequence, reduces the level of positive decisions. It is determined, that free legal aid does not provide support to citizens in applying to international judicial institutions, such as the European Court of Human Rights

scholarly journals The Nature Reserve Fund of Khmelnytskyi Region in the Context of the Emerald Network Developemnt

2021 ◽  
Keyword(s):  
Protected Areas ◽  
Development Strategy ◽  
Nature Reserve ◽  
Natura 2000 ◽  
The State ◽  
High Density ◽  
Nature Reserves ◽  
Nature Protection ◽  
Nature Park ◽  
Reserve Fund

Purpose. To investigate the state of the Nature Reserve Fund (NRF) in Khmelnytskyi region in the context of the Emerald Network development. Methods. We have used the data of the Register of the Nature Reserve Fund of Khmelnytskyi region, the literature, the cartographic materials and the state documentations as the materials for our investigation. Based on the criteria created by Yu. M. Gryshchenko the state of the NRF of Khmelnytskyi region has been assessed. Results. 536 objects of the Nature Reserve Fund of Khmelnytskyi region on 328,663.98 ha have been created (January 1, 2021): 42 national objects and 494 local objects. The Nature Reserve Fund of this region includes all categories of protected areas except for the nature and biosphere reserves. About 80% of the area of the NRF is occupied by the Podilsky Tovtry National Nature Park. The NRF is characterized by high percentages of the nature reserves, high density of NRF objects and high landscape representativeness and low insularization index. Despite the expansion of the NRF over 2000–2020, the percentage of the nature reserves is 44% less than set out in the Regional Development Strategy (January 1, 2020). Eight NRF objects of this region are included in the Emerald Network of Europe. All emerald objects are characterized by high representativeness indices and the uniqueness of the flora and fauna. The objects of the Emerald Network are provided the preserving of the unique ecosystems of Podillya. These are the value of Khmelnytskyi region and Europe. The public environmental initiative “Emerald – Natura 2000 in Ukraine” has included two NRF objects to the “shadow list” in the Khmelnytskyi region: the Dnister and Ushytsia Reserves. Despite the positive dynamics of the formation of the NRF of this region, there are a lot of the problems and gaps. There are such problems as a difficult approval procedure for the creation of new protected areas; the insufficient funding of the NRF at the local and state levels. Also the system of the monitoring of the existing Nature Reserved Objects and the information about the current state of the biodiversity in this territory are absent. The non-compliance with the regime of the protected areas, the insufficient environmental awareness and the ignorance of the citizens about the need to preserve the environment are great problems. Conclusions. The NRF of Khmelnytskyi region is characterized by high qualitative and quantitative characteristics (a large number of the Nature Reserved Objects, high percentages of the nature reserves, high density of the NRF objects, high landscape representativeness and low insularization index). Eight NRF objects of this region are included in the Emerald Network of Europe. However, despite the expansion of the NRF of Khmelnytskyi region and its quality indices, a number of the problems of the nature protection have remained. These problems have to be solved in the local and national levels.

scholarly journals Audiovisual Media Regulation during the COVID-19 Pandemic - Measures Undertaken by the Romanian Authorities during the State of Emergency

2021 ◽  
Vol 10 (1) ◽  
pp. 65-75
Author(s):  
Zsolt Kokoly
Keyword(s):  
Legal Framework ◽  
The State ◽  
State Of Emergency ◽  
Legal Norms ◽  
The Public ◽  
Audiovisual Media ◽  
Media Regulation ◽  
Presidential Decree ◽  
Multiple Challenges ◽  
The Right

The present study aims to offer a review of measures taken by the Romanian authorities in the field of audiovisual media regulation during the state of emergency instituted in March 2020 following the COVID-19 outbreak. The legal framework has been adjusted, drawing both from extant norms, such as the 2003 Constitution of Romania, and from newly adapted legal norms such as the Presidential Decree declaring the state of emergency. Also, the competent authorities have been invested with additional powers, this being the case of the National Audiovisual Council and the National Authority for Management and Regulation in Communications. These institutions have faced multiple challenges regarding the clash between freedom of opinion and freedom of speech and the right to correct information of the public and the campaigns to counter misinformation.

Nature Conservation and Landscape Protection Including the Natura 2000 Network in the Czech Legal System

2007 ◽  
Vol 4 (2) ◽  
pp. 117-126 ◽  
Author(s):  
Vojtêch Stejskal
Keyword(s):  
Nature Conservation ◽  
Czech Republic ◽  
Legal System ◽  
Natura 2000 ◽  
Nature Protection ◽  
Natura 2000 Network ◽  
The Czech Republic ◽  
Biodiversity Protection ◽  
Problematic Issue ◽  
Landscape Protection

AbstractThe Czech Republic has been a party to most of the important multilateral international nature conservation and biodiversity protection agreements. In 1992 there was adopted the Act No. 114/1992 Coll., on nature conservation and landscape protection. This Act is the basic Act in the area of nature and biodiversity protection and management in the Czech Republic. The Act and the providing legislation are only partially compatible with the EC secondary law, namely Habitats and Birds Directives. But the most problematic issue is an enforcement of nature protection law in practice.

scholarly journals The Organization of Nature Conservation in State-Owned Forests in Poland and Expectations of Polish Stakeholders

Forests ◽  
2020 ◽  
Vol 11 (8) ◽  
pp. 796
Author(s):  
Ewa Referowska-Chodak
Keyword(s):  
Nature Conservation ◽  
Large Scale ◽  
Current Model ◽  
Complete Solution ◽  
Practical Experience ◽  
The State ◽  
Nature Protection ◽  
Important Place ◽  
The Social ◽  
Legal Competence

Research Highlights: The presented findings result from the first large-scale research conducted in Poland in relation to the State Forests—the most important place for the protection of Polish nature. They may constitute an important contribution to the improvement of the nature conservation system. Background and Objectives: The current model of organization of nature conservation in the State Forests in Poland is not fully effective. In regard to the growing influence of society on nature protection and the need to improve the existing system of nature conservation, this study poses the question: what are the expectations of various stakeholders as for the organization of nature conservation in the State Forests? The aim of the article is to present these expectations, to broadly discuss them, and to present recommendations for the future. Materials and Methods: The survey was conducted in 2013, among 41 various stakeholder groups in Poland. The choice of the surveyed groups was determined by their legal competence and/or practical experience in nature conservation in the State Forests. Results: A total of 77.9% of the respondents supported the concept of transferring full responsibility for nature conservation to foresters, while 51.1% supported financing of nature conservation tasks exclusively by the State Forests. In total, 46.8% of respondents believed that foresters should determine the principles and methods of nature conservation. The presented expectations of the Polish stakeholders differ from the current real situation, however, they still cannot be considered as a complete solution. Conclusions: The results indicate a need for a broader discussion and perhaps, consequently, a reorganization of the functioning of nature conservation in state-owned forests in Poland, considering the social expectations and trust in foresters. This can be inspiring also for other countries with a high proportion of state-owned forests.

scholarly journals Problematic of Defining the Concept of the Beneficial Owner in Capital Companies, Associations and Foundations

2021 ◽  
Vol 2 (20) ◽  
pp. 136-148
Author(s):  
Diāna Bukēviča
Keyword(s):  
Analytical Method ◽  
Case Law ◽  
Legal Framework ◽  
The State ◽  
General Nature ◽  
Case Study Method ◽  
Legal Norms ◽  
State Practice ◽  
Legal Subjects

This study is focused on the problematic of defining beneficial owners in three types of legal persons: capital companies, associations and foundations. In this regard, the issue of determining beneficial owners of foreign merchants through their branches and representative offices is also examined. The aim of this study is to provide well-reasoned arguments for necessitating a more solid elaboration of legal framework on the beneficial owners in Latvia. In order to achieve this aim, doctrinal methodology is applied by analysing legal norms on the definitions of beneficial owners of different legal subjects. Furthermore, the case study method is used to examine the state practice on registering beneficial owners. Additionally, analytical method and case-law method are also used to support the arguments. The findings of this study demonstrate that public register frequently contains information on beneficial owners which is not entirely accurate and the inconsistent interpretation of the rules on defining the concept of the beneficial owner is due to their incompleteness and rather general nature.

scholarly journals BOUNDARIES OF CONSTITUTIONAL AND LEGAL REGULATION OF ECONOMIC RELATIONS

2020 ◽  
Vol 6 (1) ◽  
pp. 9
Author(s):  
Dmytro Bielov ◽  
Olga Sidorenko
Keyword(s):  
Economic System ◽  
Financial Reporting ◽  
Legal Theory ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Economic Relations ◽  
Legal Norms ◽  
Heated Debate ◽  
State Models

It is found that the constitutional and legal norms undoubtedly have a significant impact on the economic system of any state. Models of the world's economic systems are established and guaranteed by a system of legal means, which, in turn, are subject to the constitutional and legal framework. It is specified that the sphere of constitutional and legal regulation of economic relations has been repeatedly explored in scientific research, however, the consensus on the scope of economic issues that should be subject to constitutional entrenchment has not been reached yet. The analysis of the world constitutional practice shows a tendency of strengthening the regulation of those relations that concern the economic organization of public life. This topic is relevant since not only the legal theory but also political practice enters into a heated debate over the above-mentioned issue. The authors argue that: 1) constitutional law regulates the place of the state in the political system of society and defines the principles of relations between the state and its non-state elements including the ways of resolving conflicts between them, limits of interference or even limits of its activity; 2) the boundaries of constitutional and legal regulation of economic relations should be determined, first of all, on the basis of considering fundamental relations for the economic system of the state, that is, the limits of constitutional regulation depend on the system of relations that are included in the concept of economic relations; 3) the system of relations that require constitutional and legal regulation should also include the establishment of an effective pricing mechanism, the exercise of control over monetary policy, the cancellation of restrictions on foreign trade activities, the development of an effective tax and budgetary system, regulation of financial reporting, etc.

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