scholarly journals Liability under Anti-Doping Law in Public Law Domain

2021 ◽  
Vol 31 (4) ◽  
pp. 7-24
Author(s):  
Sławomir Fundowicz
Keyword(s):  
Criminal Law ◽  
Legal Regulation ◽  
Public Law ◽  
Disciplinary Action ◽  
Private Law ◽  
Legal Basis ◽  
Legal Entity ◽  
The World ◽  
World Anti Doping Agency

In Poland, the Act of April 21, 2017 on Combating Doping in Sport is in force. The new law raises new questions. One of the questions is whether, the combating doping in sport belongs to private law or public law. The dualistic division of law itself is problematic. The legal regulation of doping has undergone a process similar to criminal law, i.e. from private law to public law. A breakthrough in combating doping was the establishment of the World Anti-Doping Agency (WADA) in 1999.The new Polish act followed this path. The Act on Combating Doping in Sport provided the legal basis for the existence of the Polish Anti-Doping Agency (POLADA), as a state legal entity. POLADA is therefore a body governed by public law, which establishes anti-doping rules, controls and oversees compliance, authorises the use of prohibited substances or methods, and conducts disciplinary action for violation of anti-doping rules.

scholarly journals Legal regulation of solving problems of pollution prevention Oceans

2020 ◽  
Author(s):  
S.V. Strygina
Keyword(s):  
Social Responsibility ◽  
International Cooperation ◽  
Marine Environment ◽  
Pollution Prevention ◽  
Environmental Problems ◽  
Legal Regulation ◽  
Legal Basis ◽  
National Legislation ◽  
The World

The article analyses the legal basis of activities of cleaning up the world oceans. It is emphasized that they are complex. The role of the UN in solving environmental problems is also highlighted. The need for international cooperation in the protection of the marine environment is mentioned. The article raises the problem of improving both international and national legislation and eliminating gaps in the law. The importance of social responsibility of business is emphasized.

DIGITAL FINANCIAL TOOLS FOR SOCIALIZING PRIVATE LAW

2021 ◽  
pp. 208-224
Author(s):  
Julia S. Kharitonova ◽  
◽  
Larisa V. Sannikova ◽  
Keyword(s):  
Public Relations ◽  
The United States ◽  
Legal Regulation ◽  
Private Law ◽  
Property Relations ◽  
The World ◽  
The Law ◽  
Private Investors ◽  
The Way

Nowadays, the law is being transformed as a regulator of relations. The idea of strengthe-ning the regulatory role of technologies in the field of streamlining public relations is making much headway in the world. This trend is most pronounced in the area of regulation of private relations. The way of such access to the market as crowdfunding is becoming increasingly widespread. The issuing of the so-called secured tokens is becoming popular for both small businesses and private investors. The trust in new ways of attracting investments is condi-tioned by the applied technology - the use of blockchain as a decentralized transparent data-base management system. Under these conditions, there is such a phenomenon as the democ-ratization of property relations. Every individual receives unlimited opportunities to invest via technologies. Thus, legal scholars all over the world face the question about the role of the law and law in these relations? We believe that we are dealing with such a worldwide trend of regulating public relations as the socialization of the law. Specific examples of issuing tokens in Russia and abroad show the main global trends in the transformation of private law. The platformization of economics leads to the tokenization and democratization of property relations. In this aspect, the aim of lawyers should be to create a comfortable legal environment for the implementation of projects aimed at democratizing property relations in Russia. The socialization of private law is aimed at achieving social jus-tice and is manifested in the creation of mechanisms to protect the rights of the weak party and rules to protect private investors. Globalization requires the study of both Russian and foreign law. To confirm their hypothesis, the authors conducted a detailed analysis of the legislation of Russia, Europe and the United States to identify the norms allowing to see the process of socialization of law in the above field. The generalization of Russian and foreign experience showed that when searching for proper legal regulation, the states elect one of the policies. In some countries, direct regulation of ICOs and related emission relations are being created, in others, it is about the extension of the existing legislation to a new changing tokenization relationship. The European Union countries are seeking to develop common rules to create a regulatory environment to attract investors to the crypto industry and protect them. Asian countries are predominantly developing national legislation in isolation from one another, but most of them are following a unified course to encourage investment in crypto assets while introducing strict rules against fraud on financial markets. The emphasis on the protection of the rights of investors or shareholders, token holders by setting a framework, including private law mechanisms, can be called common to all approaches. This is the aim of private law on the way to social justice.

scholarly journals Evaluation Concepts in Russian Codifications of Civil Law

Lex Russica ◽  
2019 ◽  
pp. 37-50
Author(s):  
V. G. Golubtsov
Keyword(s):  
Essential Feature ◽  
Civil Law ◽  
Legal Regulation ◽  
Public Law ◽  
Civil Code ◽  
Property Law ◽  
Private Law ◽  
Private And Public ◽  
The Impact ◽  
Basic Evaluation

Based on general legal and civilistic experience in the study of evaluative concepts, the author investigates the general and the specific in their civil law nature. As the result of the study, the author draws the conclusion that the existence of evaluative concepts forms a distinctive essential feature of civil law as private law. It is noted, however, that the doctrine, law-maker and law-enforcer need basic guidelines that will allow to define objective criteria for nominating concepts as evaluative, as well as for determining the boundaries of their systematic interpretation. Also, the author concludes that the impact of evaluation concepts on legal regulation in private and public law is different. In civil law, depending on the localization in the text of the Civil Code, it is possible to distinguish two groups of evaluation concepts. The first group includes the basic evaluation concepts that allow us to see the goals, meaning and specifics of civil law regulation. The second group, in the author’s opinion, includes peripheral evaluation concepts that are utilized by property law and separate contractual constructions and the presence of which allows to avoid unnecessary causality and, at the same time, makes it possible to bring legal regulation closer to real relations.

scholarly journals Political and Legal Regulation of the Russian Federation Subjects Participation in International and Foreign Economic Relations

2021 ◽  
Vol 21 (4) ◽  
pp. 23-32
Author(s):  
E.B. Mikhaylenko ◽  
◽  
T.V. Verbitskaya ◽  
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Public Law ◽  
Economic Relations ◽  
International Activity ◽  
The World ◽  
The Russian Federation

Russian Federation constituent entities on the world stage through the implementation of international and foreign economic relations are studied. It is established that political and public law relations to regulate the Russian Federation subjects’ international activity are actively developing in the context of increasing volume of Russian Federation subjects international and foreign economic relations.

scholarly journals RZUT OKA NA POLSKĄ ROMANISTYKĘ W PIERWSZYM DZIESIĘCIOLECIU XXI WIEKU

2016 ◽  
Vol 12 (1) ◽  
pp. 7
Author(s):  
Maria Zabłocka
Keyword(s):  
Criminal Law ◽  
Political System ◽  
Public Law ◽  
Second World War ◽  
First Century ◽  
Roman Law ◽  
The Political ◽  
Private Law ◽  
World War ◽  
Second World

An Overview of the Work of Polish Scholarship on Roman Law in the First Decade of the Twenty-First Century Summary In the first decade of the 21st century Polish scholars of Roman Law accomplished a considerable amount of work, adopting an entirely new area of research. While publications on private law had constituted the predominant trend since the Second World War, especially in the first forty years of the period, articles on public law were an exception until recent times. In the last few years nearly twice as many monographs have been published on a broad range of issues in public law, such as the political system, administration, and criminal law, as on private law. The numer of articles on public law has also been much larger than on other branches of Roman law. The work of Polish Romanists has earned acknowledgement abroad, as evidenced by the invitations Polish researchers have been receiving to contribute to foreign occasional volumes, and by the digests of Polish books and articles which have appeared in the Italian scholarly journal «Iura. Rivista internazionale di diritto romano e antico».

scholarly journals Administrative Legal Entities of Private Legal Entities as a Status Component of the Legal Regulation Mechanism: Characteristics of Elem

2019 ◽  
pp. 91-95
Author(s):  
V.V. Sukhonos
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Administrative Law ◽  
Regulation Mechanism ◽  
Private Law ◽  
Legal Capacity ◽  
Legal Entity ◽  
Legal Personality ◽  
The Subject ◽  
Legal Entities

The article is devoted to administrative legal personality, which is part of the structure of the administrative-legal personality of private legal entities. At the same time, it is argued that, on their own, the rules of law cannot influence the behavior of their addressees, therefore the only instrument by which legal regulation is used to help ensure such influence is the mechanism of legal regulation within which the functions of law are implemented, and specific life situations are addressed. It is noted that, like any state mechanism, the mechanism of legal regulation consists of the relevant elements, namely: norms of law, legal relations, and acts of realization of rights and obligations. Thus, we can conclude that the disclosure of the features of the mechanism of legal regulation is possible only if a thorough study of its elements. Thus, each state that there is no language and there can be no legal regulation, which in its nature and nature is different from other types of regulation. It should also be remembered that, at its core, legal regulation is not material but is done through the consciousness and will of the people. It is perfect. However, any ideal process cannot occur without the participation of matter. Based on all the above, it can be stated that one of the constituent parts of the mechanism of legal regulation is legal relations. It should be remembered that public relations also have an internal structure to which the subject, object, and content relate. However, the absence of at least one of the elements of the relationship automatically complicates, or even precludes their very existence. The same rule applies to the mechanism of legal regulation. Thus, the study of each of the components of the mechanism of legal regulation has the same scientific significance and importance as the study of the mechanism itself. Therefore, if we conduct a study of administrative-legal personality, then it must take into account its place and the impact on legal regulation as a whole. Legal personality nowadays also exists in administrative law, although the very concept of “legal personality”, as a certain characteristic of a legal entity, originally originated in civil law. However, it should be remembered that the method of administrative law is significantly different from civil law, and therefore the use of civil law expertise in the field of legal personality should be used with extreme caution. In his desire to ensure state control and the possibility of applying state coercion, the legislator adapted the rules of public law to the construction of a legal entity of private law. On this basis, it should be noted that different types of legal entities under private law would have different levels of administrative capacity. That is why the legal capacity of legal persons under private law can be recognized as administrative law, both social and legal capacity, and the need to be the subject of administrative-legal relations. Keywords: administrative-legal personality, legal entity, private law, mechanism of legal regulation.

Public Law Sources and Analogies of International Law

2018 ◽  
Vol 49 (4) ◽  
pp. 533
Author(s):  
Eirik Bjorge
Keyword(s):  
International Law ◽  
Judicial Review ◽  
Public Law ◽  
Executive Power ◽  
Private Law ◽  
Legal Basis ◽  
State Action ◽  
Legitimate Expectations ◽  
General Principles Of Law ◽  
Principle Of Legality

Are the "general principles of law recognised by civilized nations" capable of adjusting to the progress and needs of the international community? This article argues that they are, and that international law needs, to a larger degree than what has been the case, to draw on principles of public law. Those principles of public law are not to supplant, but to supplement, those of private law. The article analyses four principles: the principle of legality; the principle requiring positive legal basis for state action; the principle that even the highest emanation of the executive power cannot escape judicial review; and the principle of protection of legitimate expectations. If one takes account of the needs of international law, there is no reason whatever why today we should accede to the orthodoxy that the intention behind the concept of general principles is only to authorise a court to apply the general principles of municipal jurisprudence, in particular of private law, in so far as they are applicable to relations of states – if for no other reason than the fact that international law no longer governs only relations of states. 

10. Judicial review: access to review and remedies

Public Law ◽  
2018 ◽  
Author(s):  
John Stanton ◽  
Craig Prescott
Keyword(s):  
Judicial Review ◽  
Case Law ◽  
Public Law ◽  
Private Law ◽  
Legal Basis ◽  
Legal Requirements ◽  
The Public ◽  
Meaning And Purpose

This chapter provides an introduction to judicial review and its various features and requirements. It starts by exploring the meaning and purpose of judicial review, explaining the particular functions of the courts and the jurisdiction that justifies their scrutiny of administrative matters. It then sets out the legal basis for judicial review and the process through which applications proceed, which while rooted in statute, has developed incrementally through both case law and the 1998 Woolf Reforms. The chapter considers issues relating to access to review, exploring the legal requirements that must be fulfilled before an application for judicial review can be entertained by the Administrative Court. This includes a discussion of standing, which determines who can bring a claim, and consideration of the issues relating to the public law/private law divide, which concerns against whom a claim can be brought and the matter upon which that claim can be founded.

scholarly journals International legal regulation of road transportation (features of the legal consciousness of legislators)

2018 ◽  
Vol 239 ◽  
pp. 03008
Author(s):  
R.B. Bryukhov ◽  
K.E. Kovalenko
Keyword(s):  
Legal Regulation ◽  
Public Law ◽  
The State ◽  
Natural Monopoly ◽  
Legal Consciousness ◽  
Private Law ◽  
International Agreement ◽  
Road Transportation ◽  
The Status

The contract of international carriage is a special type of foreign economic transactions. The specificity of this agreement is due to the peculiarities of transport as a natural monopoly of the state. The contract of international carriage includes public law (determination of the status of the transport environment) and private law (direct organization of the carriage itself) aspects. International carriage is the carriage of goods and passengers between two or more states in accordance with the terms of an international agreement concluded between them.

scholarly journals Legal activity of an individual in criminal law and environmental policy

2019 ◽  
Vol 91 ◽  
pp. 08070
Author(s):  
Alexey Sumachev ◽  
Sergey Kvach ◽  
Dmitriy Dyadkin ◽  
Olga Arkhipova
Keyword(s):  
Criminal Law ◽  
Legal Regulation ◽  
Public Law ◽  
Instrumental Approach ◽  
Legal Norms ◽  
The Common ◽  
Legal Subjects ◽  
Legal Methodology ◽  
Instrumental Approaches ◽  
Legal Grounds

Criminal law is traditionally viewed as a branch of public law. Until recently, the category of “dispositivity” in the Russian theory of criminal law had not even been considered. However, it is argued that the development and reflection of dispositivity fundamentals in the criminal law shows the level of protection of law-abiding citizens and also serves as an indicator of activity of legal subjects in the field of criminal justice. The article attempts to define the concept of dispositivity in criminal law and explores its theoretical and applied aspects through conceptual (political and legal) and instrumental approaches. As a part of the conceptual (political and legal) approach, dispositivity is treated as the common grounds of the field of legal regulation. As a part of the instrumental approach, dispositivity is regarded as a method of legal regulation, property legal norms, as well as the mode of legal regulation. From the point of legal methodology, we can speak of dispositivity in the Russian criminal law, since there are no “pure” or distinct fields of private or public law. Simultaneously with the imperative method of legal regulation, there may be the legal grounds for the dispositive legal regulation, and vice versa. The article also analyzes the ratio of the legal activity of an individual (“disposition”) in criminal law and the development of society, using the example of a city. It is stated that the higher the legal activity of a person stipulated by law, the more secure is the position of a person in society.

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