scholarly journals Prospects for developing the legal regulation of digital platforms

2021 ◽  
Vol 18 (1) ◽  
Author(s):  
Elena Anatolyevna Kirillova ◽  
Teymur El'darovich Zulfugarzade ◽  
Oleg Evgenyevich Blinkov ◽  
Olga Aleksandrovna Serova ◽  
Irina Aleksandrovna Mikhaylova
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Business And Society ◽  
Legal Regime ◽  
Public And Private ◽  
Digital Platforms ◽  
The Public ◽  
The One ◽  
Definition Of

The study considers the prospects for the legal regulation of public and private digital platforms. Digital platforms have replaced linear businesses and changed economic principles. The transition to digital technologies in the economy, business, and society substantiates the need for their legal regulation. The study aims at considering the legal status of public and private digital platforms, developing a new conceptual framework, determining the key features of digital platforms, and analyzing the prospects for developing legal regulation in this area. The paper compared management contexts in the public and commercial sectors. With the help of the generalization method, criteria for a new classification of digital platforms were proposed. The article used such methods as analysis, synthesis, deduction, and induction. The study represents a new definition of digital platforms, classifies them, and concludes that the introduction of special regulation of public and private digital platforms might require preliminary approbation, for example, in the form of an experimental legal regime. To ensure the comprehensive regulation of the activities of digital platforms, it is necessary to adopt international concepts that would allow creating uniform terms and principles. At the same time, regulation should consider the specifics of the existing regulation. On the one hand, it will be based on the dispositive method; on the other hand, it will be built over the imperative method.

The Noise Abatement Campaign in Industrializing Japan, 1923–37

Resonance ◽  
2020 ◽  
Vol 1 (3) ◽  
pp. 298-327
Author(s):  
Shuhei Hosokawa
Keyword(s):  
Public Opinion ◽  
Legal Regulation ◽  
Public Realm ◽  
Political Responsibility ◽  
Noise Abatement ◽  
Public And Private ◽  
The Public ◽  
Causal Responsibility ◽  
Kanto Earthquake ◽  
Definition Of

Drawing on Karin Bijsterveld’s triple definition of noise as ownership, political responsibility, and causal responsibility, this article traces how modern Japan problematized noise, and how noise represented both the aspirational discourse of Western civilization and the experiential nuisance accompanying rapid changes in living conditions in 1920s Japan. Primarily based on newspaper archives, the analysis will approach the problematic of noise as it was manifested in different ways in the public and private realms. In the public realm, the mid-1920s marked a turning point due to the reconstruction work after the Great Kantô Earthquake (1923) and the spread of the use of radios, phonographs, and loudspeakers. Within a few years, public opinion against noise had been formed by a coalition of journalists, police, the judiciary, engineers, academics, and municipal officials. This section will also address the legal regulation of noise and its failure; because public opinion was “owned” by middle-class (sub)urbanites, factory noises in downtown areas were hardly included in noise abatement discourse. Around 1930, the sounds of radios became a social problem, but the police and the courts hesitated to intervene in a “private” conflict, partly because they valued radio as a tool for encouraging nationalist mobilization and transmitting announcements from above. In sum, this article investigates the diverse contexts in which noise was perceived and interpreted as such, as noise became an integral part of modern life in early 20th-century Japan.

scholarly journals The Legal Definition of Railway Areas in Poland. The Limitations of Investment and Conducting Business Activity on the Railway Areas

2018 ◽  
Vol 8 ◽  
Author(s):  
Piotr Szulc
Keyword(s):  
Legal System ◽  
Legal Status ◽  
Business Activity ◽  
Railway Transport ◽  
Legal Regime ◽  
Legal Definition ◽  
Administrative Courts ◽  
Definition Of

The paper analyses the legal definition of railway areas in Poland based on the Railway Transport Act. The author tries to find an answer to the question of what the legal status of railway areas in the Polish legal system is, with emphasis on the classification of railway areas to the wider group of special areas. Moreover, the paper describes the restrictions on investments on railway areas which are presented based on the previous judicature of the Polish administrative courts. Then other detailed obligations resulting from the special legal regime in this area are explained.

scholarly journals PUBLIC SERVICE OF JUDGES IN UKRAINE: ADMINISTRATIVE AND LEGAL REGULATION

2021 ◽  
Vol 76 (3) ◽  
pp. 77-83
Author(s):  
Roman Holobutovskyi ◽  
Keyword(s):  
Public Relations ◽  
Public Service ◽  
Legal Status ◽  
Social Institution ◽  
Legal Framework ◽  
Legal Regulation ◽  
Public Servants ◽  
The Public ◽  
The Status ◽  
Definition Of

The article examines the problems of administrative and legal regulation of the service of judges in Ukraine. The legislation on public service in the judiciary has been studied. It is determined that public service in the judicial bodies of Ukraine is a complex state-legal and social institution, which covers the formation of administrative, procedural and socio-psychological foundations of employees in the courts; construction and legal description of the hierarchy of positions; identification, selection, training, development, promotion, evaluation, promotion and responsibility of public servants. That is, this service exists in order to exercise the powers of an employee in court in a constructive and effective methods. Based on the analysis of the main provisions of regulations governing the organizational and legal framework of the civil service, the content of administrative and legal regulation of the public service of judges in Ukraine is clarified. It is determined that despite the legislative consolidation of the order of service in the judiciary, today remains unresolved a number of problematic issues, which include the following: features of public service in court, special requirements for skills and qualifications of court staff compared to other employees, and there is also no list of positions of the court staff that must be attributed to the public service. The author's definition of the term «administrative and legal regulation of judicial activity» is formulated. It is proposed to understand the activity of the state, which consists in the implementation of state-authoritative, normative-organizational, purposeful influence of funds on public relations, arising during the performance of courts assigned to them, which are implemented through a set of administrative law. Conclusions on the current state of administrative and legal regulation of the public service of judges in Ukraine have been formed. It is determined that the conduct of public service by judges is associated with the implementation of a specific in its meaning and content function - the administration of justice. Administrative and legal regulation of the public service reflects the objective principles and normative enshrinement of rules and administrative procedures that ensure the procedure for selection, appointment, passage and termination of public service by judges. Further scientific investigations require the status of judges' implementation of administrative and legal status.

scholarly journals PROPORTIONALITY AS A STATUTORY “FILTER” FOR USING THE RESOURCE OF LIFESTYLE MONITORING

2019 ◽  
pp. 152-157
Author(s):  
T. O. Kolomoiets ◽  
S. M. Kushnir
Keyword(s):  
Legal Status ◽  
Complex Model ◽  
Research Field ◽  
Private Life ◽  
Legal Certainty ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Definition Of ◽  
Fair Balance

ubstantiation of the expediency of considering the resource of monitoring of lifestyle as an anticorruption means in the aspect of compliance with the requirements of proportionality in establishing its foundations in the legislation and its application in practice. The author notes that monitoring the way of life of a person authorized to perform state or local government functions is a “innovation” for domestic rule-making and law enforcement, which also determines the need for analysis and borrowing of relevant foreign experience, tested by time and practice and adapted to national needs of state-building and law making. The normalization of proportionality as a “filter” of using the resource of this medium allows for a “fair balance” of public and private interests, the impossibility of using the benefits of the public service for individuals to realize and protect their called interests or interests of their families and, at the same time, “arbitrary interference with the private autonomy” of these people. Proposed consideration of proportionality in the broad sense, with an emphasis on the resource of all three of its “basic” elements, among which: admissibility (legality, legitimacy, legitimate purpose, legal certainty), necessity (minimization of “interference in the called autonomy” of a person, advantage of less intrusive funds), a fair balance of public and private interests (the minimum negative result for the person and the positive result for the public interest, compensation for the harm done, the appeal of NSC acts, the elimination of the prerequisites for achievement of the result at any cost and impossibility to restrict the rights of individuals). Based on the analysis of the current legislation that defines the principles of monitoring lifestyle, the“defect” of using the resource of legal certainty and necessity, which in general affects the “filtering” of the resource of this anticorruption tool, creates the preconditions for the manifestation of the subjective resource in the interpretation and application of the relevant provisions of the law. In order to eliminate these gaps and to ensure maximum use of the resource of the “integrated model” of lifestyle monitoring (it is noted that there are several models of this anti-corruption tool – “desk research”, “field research”, “a mix of these two types, or a complex model”) , which was chosen by the domestic legislator, it is expedient to adjust the content of the current domestic legislation, which determines the bases of using the resource of the corresponding anticorruption means. In particular, it is proposed to consolidate the definition of “monitoring lifestyle”, “private life of a person”, to elaborate provisions on “monitoring selectivity”, “balance of the called and public interests”, “excessive interference”, to agree provisions of legislation on the definition of the legal status of the NSC and the scope of authority for the implementation of this body of its functional purpose, itsplace in the system of bodies of anticorruption purposeful activity; to consolidate the list of principles of the NSC, with the provisionof proportionality as one of these; coordinate the results of subordinate and interpretative activities of the NSCC regarding the procedural aspect of the life-saving monitoring resource with the requirements of the current national legislation, the practice of the ECHRand the Supreme Court positions, ensuring their maximum detail and, consequently, unification of the practice of using the life-savingmonitoring resource as an anticorruption tool in Ukraine.

scholarly journals La imprecisión del lenguaje legislativo, expuesta en el artículo 18 LRJSP | The Imprecision Of Statutory Language, Exposed In Section 18 Of The Spanish Act On Legal Status Of The Public Sector (LRJSP)

2017 ◽  
pp. 169
Author(s):  
Joaquín Rodríguez-Toubes Muñiz
Keyword(s):  
Public Sector ◽  
Practical Reason ◽  
Legal Status ◽  
Semantic Ambiguity ◽  
Legal Regime ◽  
The Public ◽  
Spanish Law ◽  
Study Case ◽  
Comprehensive Classification

Resumen: La imprecisión lingüística es una de las razones principales por las que es necesario interpretar las disposiciones legales, junto a la percepción de incongruencia entre su significado y la razón práctica que las explica o justifica. Son causas de imprecisión del lenguaje legislativo la vaguedad, la ambigüedad semántica, la ambigüedad pragmática y algunas otras, como la redundancia, la repetición, la infraespecificación, la inconsistencia y las anomalías. Todas ellas están presentes en el artículo 18 de la Ley 40/2015, de 1 de octubre, de Régimen Jurídico del Sector Público. El trabajo analiza la imprecisión lingüística de las leyes con una clasificación de problemas sistemática y tomando este artículo como caso de estudio. Abstract: Linguistic imprecision is one of the main reasons why interpreting statutes is necessary, besides the perception of incongruence between their meaning and the practical reason that explains or justifies them. Causes or imprecision of statutory language are vagueness, semantic ambiguity, pragmatic ambiguity and some others, such as redundancy, repetition, infraspecification, inconsistence and anomalies. All of them are present in section 18 of the Spanish Law 40/2015, of 1 October, of Legal Regime of the Public Sector [Ley de Régimen Jurídico del Sector Público]. The paper analyses the linguistic imprecision of statutes with a systematic and comprehensive classification of problems, and taking that section 18 as a study case.

scholarly journals Problems of defining the concept of "public" in present jurisprudence

2020 ◽  
Vol 2 (2) ◽  
pp. 294-304
Author(s):  
Oleksandr Khrystov
Keyword(s):  
Legal Status ◽  
Social Institution ◽  
Legal Regulation ◽  
Full Time ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Definition Of ◽  
Legal Concepts ◽  
High Level ◽  
Legal Understanding

The article deals with problems of defining the concept of "public" in present jurisprudence. The the article’s objective was to clarify the problems of defining the concept of "public" in present jurisprudence and to provide an understanding of this term. The author notes that today there is inconsistency of legal regulation, as well as arbitrariness, ine-quality and substitution of concepts in the application of this term both in different and within one branch of jurisprudence. The preparation of most legal acts on the participation of "public" in legal relations takes place without proper legal understanding of this term, the concept of which is not defined at all in the current national legislation. The conceptual and categorical apparatus of legal sciences due to the lack of definition of "public" in the legislation is based on arbitrary representation and does not reflect the unity of the aggregate features of this category. Its understanding by scholars through the prism of related (generic) legal concepts do not give an accurate meaningful reflection. Selective, and sometimes chaotic and unsystematic reference of legal scholars to philosophical, sociological, political, psychological and other sources of scientific knowledge about the essential characteristics of "public" in research on its place and role in legal relations indicate the lack of established conceptual approaches in today’s jurisprudence. Scientific inferences of legal scholars about this social institution are often reduced to the definition of the concept by identifying selective characteristics (features) without a comprehensive understanding of this phenomenon. The author has concluded that the “public” in jurisprudence should be understood as both individual citizens and their associations, which have a high level of legal consciousness and legal culture, as well as the basis of beliefs and ideology which are the building of the legal state and civil society. The author suggests to abandon in the theory of operational-search activities from the use of the concept of "public" as a category of operational-search activities forces, because: first, "public" is an abstract concept in contrast to other categories of operational-search activities forces, including law enforcement agencies operational units, secret full-time and part-time agents who have legal status; secondly, the public takes part in various branches of society, which are not characterized by the focus on assisting operational units in combating crime.

scholarly journals Administrative and Legal Principles for Determining the Legal Regime of Using Forestry Resources as an Important Component of Nature-Oriented Complex of Ukraine

2019 ◽  
Vol 85 (2) ◽  
pp. 66-77
Author(s):  
О. Ye. Volkov
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Scientific Development ◽  
State Control ◽  
Legal Regime ◽  
Legal Principles ◽  
Time Requirements ◽  
Forest Legislation ◽  
Definition Of ◽  
Forestry Resources

The author has studied the concept and content of the legal regime in the general sense and through the prism of the sphere of research of the forestry fund of Ukraine. The elements and features of the legal regime of forestry resources of general and special purpose have been characterized. The author has offered own definition of the concept of “legal regime of the forestry fund”. It has been emphasized that the effective protection of the forestry fund as an important component of the country’s nature-oriented complex depends directly on the proper implementation of the norms of the legislation regulating the relations concerning the use and protection of forestry resources, compliance of these norms with the provisions of European legislation and time requirements, as well as on the systematic exercise of state control over the area of use and protection of forestry resources. It has been concluded that it is necessary to improve administrative and legal principles of the use (protection) of the forestry fund objects of the proper legal regulation of relations in this sphere by developing and adopting the Law of Ukraine “On the Forestry Fund of Ukraine”, codification of the forest legislation of Ukraine, systematic review and introduction of relevant amendments to the Forest Code of Ukraine, updating the legal status of the forestry authorities in regard to ensuring the legal regime of the forestry fund. The author considers the scientific development of issues concerning the elaboration of the issues on improving the mechanism of administrative and legal regulation of the legal regime for offenses in the field of use and protection of forestry resources in Ukraine in the context of the implementation of European law into Ukrainian legislation as a perspective direction for further research.

The Status of Assisted Suicide

2019 ◽  
pp. 15-64
Author(s):  
Daniel Sperling
Keyword(s):  
Terminal Illness ◽  
Assisted Suicide ◽  
Legal Status ◽  
Legal Regulation ◽  
Legal Cases ◽  
The Public ◽  
Sanctity Of Life ◽  
The Status ◽  
Wish To Die ◽  
The One

This chapter discusses the legal status of assisted suicide. It explains that the legal regulation of assisted suicide follows broad political and public debates involving concerns for the sincerity and firmness of a person's wish to die, on the one hand, and for their right to end their life with the aid of another person, on the other, especially if they suffer from terminal illness. In the past, there have been attempts to implement laws decriminalizing assisted suicide and euthanasia. This chapter discusses how, ultimately, most legal cases that discuss the legality and constitutionality of assisted suicide laws attempt to balance a person's right to autonomy, human dignity, protection of privacy, or security with the sanctity of life and the public interest in formulating safeguards against abuse.

scholarly journals LEGAL REGIME OF AUTONOMOUS TECHNICAL MEANS: CROSS CUTTING PROBLEMS OF LEGAL REGULATION

Issues of Law ◽  
2020 ◽  
Vol 20 (2) ◽  
pp. 40-45
Author(s):  
D. L. Kuteynikov ◽  
◽  
O. A. Izhaev ◽  
V. A. Lebedev ◽  
S. S. Zenin ◽  
...  
Keyword(s):  
Legal Regulation ◽  
Social Needs ◽  
Legal Regime ◽  
The Public ◽  
Legal Personhood ◽  
The Status ◽  
The One ◽  
The Right ◽  
To Receive ◽  
Transparency And Accountability

This article suggests ways of resolving cross-cutting legal problems (legal personhood for autonomous technical means, transparency and accountability of its functioning, allocating of liability) that arise as a result of the use of autonomous technical means (ATM) in public. The granting of legal personhood for ATM depends on the public consent and social needs, which might be caused by necessity for transfer them a certain rights in order to improve their functioning. One of the ways to grant ATMsome elements of legal personhood is to assign it the status of an agent (representative) acting on behalf of the principal (individual or legal entity). Legal regulation of ATM transparency and accountability should, on the one hand, guarantee the right of an individual to receive information about the logic of the decision made in relation to him/her, and on the other hand– not violate the right of the manufacturer/operator to the secret of production (know-how). Lability for violations committed with the participation of ATM should be assigned depending on which subject (manufacturer, operator or user) had more control over the functioning of the ATM. The above mentioned methods of regulating legal relations and special sets of legal tools are elements of the legal regime of autonomous technical means. This legal regime will determine ways of legislation development in given sphere.

scholarly journals PROGRESSIVE SYSTEM OF EXECUTION OF DETENTION OF FREEDOM AND PROSPECTS OF ITS APPLICATION IN KAZAKHSTAN

2020 ◽  
Vol 2020 (1) ◽  
pp. 47-62
Author(s):  
Skakov А. B. ◽  
Keyword(s):  
Legal Status ◽  
Criminal Policy ◽  
General Rule ◽  
Legal Regulation ◽  
Correctional Institution ◽  
Educational Impact ◽  
Positive Degree ◽  
Detailed Classification ◽  
Definition Of

The article formulates the author`s definition of the progressive system: “The progressive system is a complex intersectoral institution of criminal and criminal and executive law, including several independent institutions, in the process of applying which the legal status of the convict changes depending on the degree of its correction in the direction of either expansion or restriction of the volume of his rights”. It is noted that in the current legislation, with the establishment of a general rule on various conditions for serving a sentence within one correctional institution, the progressive system has acquired a completely finished form and can be considered the basis of all punitive and educational impact on convicts. The need for a more detailed classification of positively characterized convicts has been also actualized. In this case, each positive degree of behavior of convicts must correspond to certain conditions of detention and institutions of the progressive system, namely: upon reaching the 1st positive degree, the convict is kept in the usual conditions of a correctional institution (the institution of changing conditions of detention within one correctional institution); at the 2nd positive degree – transferred to lighter conditions of detention; at the 3rd positive degree – transferred to preferential conditions of detention; upon reaching the 4th positive degree – transferred to an institution of another type; at the 5th positive degree – the institution of replacement of punishment is applied; at the 6th positive degree – parole of the convicted person is possible. A proposal regarding the release of the court from the function of changing the process of executing the sentence has been formulated, in order to entrust it to the supervisory commissions created at the correctional institution. The court will only appoint the type of punishment, and the execution of the court`s decision should be entrusted to the Committee of the Penitentiary System and the Supervisory Commission. In this case, the commission collectively decides on the application of all the institutions of the progressive system, up to the institution of parole. The necessity of further improvement of legal regulation of the process of execution of punishments, alternative to imprisonment, according to the progressive system is substantiated. Key words: criminal policy, humanization, deprivation of liberty, punishments alternative to imprisonment, progressive system of execution of imprisonment, conditions of detention, behavior of convicts.

Sign in / Sign up

Export Citation Format

Share Document