ECOLOGICAL AND TECHNOGENIC SAFETY: SPECIAL ASPECTS OF CONCEPTUAL FRAMEWORK AND PROBLEMS OF LEGAL REGULATION

2021 ◽  
pp. 63-68
Author(s):  
E. V. Chuklova ◽  
Keyword(s):  
Conceptual Framework ◽  
Security Policy ◽  
Legal Protection ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Ecological Safety ◽  
Security Values ◽  
Private And Public ◽  
Legal Security ◽  
Safety Attributes

Ecological safety is not a new area of scientific research, however, there is still no single definition of the concept, and no signs and measures to ensure ecological safety are studied. The paper attempts to consider special aspects of the conceptual framework of environmental and technogenic safety enshrined both in domestic and foreign legislation. The author examines the environmental legislation norms, both Russian and foreign enshrining legal security values in this area, as well as the practice of the Constitutional Court of the Russian Federation; analyzes various views on the concept of ecological safety. The research sets a goal to identify differences in the content of categories under the study, which is a prerequisite for the efficient activity of an executor of law in the sphere of provision of corresponding types of safety. The author attempts to develop a unified approach to the understanding of ecological and technogenic safety firstly as scientific categories, which in the future can become the basis for consistent implementation of national security policy in the framework of the legal protection of the environment to balance private and public interests. The novelty of the study is in the conclusions about the scope and content of the concepts of environmental and technogenic safety. As a result of the study, the author formulates the differences in the wording of such categories as ecological safety and technogenic safety, attributes of ecological and technogenic safety, and gives their definitions.

scholarly journals THE CONCEPT OF THE ADMINISTRATIVE AND LEGAL TRANSFORMATION OF CONSTITUTIONAL ORDER, SECURITY AND RUSSIA'S WELL-BEING PROTECTIVE MANAGEMENT

2017 ◽  
Vol 21 (3) ◽  
pp. 148-154
Author(s):  
E. V. Pozdnyakova
Keyword(s):  
Civil Rights ◽  
Legal Protection ◽  
Well Being ◽  
Functional System ◽  
Legal Regulation ◽  
Integrated System ◽  
System Stability ◽  
Constitutional Order ◽  
Vital Functions ◽  
Legal Security

This article presents the concept of the administrative and legal transformation of constitutional order, security and Russia's well-being protective management. The author reveals the idea of protective management as an integrated system of measures, taken by the Russian Federation legislation, used to ensure the adequate implementation of subjective rights. Special attention is paid to a comparative analysis of such legal concepts as "administrative and legal security" and "administrative and legal protection" of the constitutional order, security and Russia's well-being. Noting the fact that these concepts can be united by common objects, objectives and the administrative-legal protection regime, the author points out that the methods for achieving them are deifferent and they do not coincide at all. Based on the research results, the following objectives of the administrative and legal transformation of protective management are highlighted: the Russian statehood preservation as a single territorial integrity of the state, ensuring the national democratic system stability, preserving civil-society institutions, human and civil rights and freedoms, and especially preventing threats to economic crises. With the help of linguistic analysis, the legal category "administrative and legal support" is revealed. And in this context, it is logical to conclude that the concept of "administrative legal protection" can be viewed from several positions: both as a combination of different means and conditions aimed to carry out certain tasks of vital functions of the functional system and as the process of creating and providing these means and conditions At the same time, it is clarified that the content of administrative and legal protection of the constitutional order, security and Russia's well-being is not limited to legal norms and lawmaking. The author points out that the concept of "administrative legal protection" differs from the term "legal system", and also compares it with the categories "lawmaking", "legal regulation" and "legal means". To sum it up, the author concludes that the administrative and legal transformation of the constitutional system, security and Russia's well-being protective management acts as a set of standards and legal activities of authorized entities.

scholarly journals THEORETICAL-LEGAL ANALYSIS OF THE MECHANISM OF NATIONAL LEGAL PROTECTION OF LABOR SAFETY

Social Law ◽  
2019 ◽  
Author(s):  
R. Herneha
Keyword(s):  
Public Relations ◽  
Legal Protection ◽  
Legal Liability ◽  
Legal Regulation ◽  
Labor Protection ◽  
Legal Analysis ◽  
Legal Rules ◽  
Labor Safety ◽  
The Difference ◽  
Legal Security

The article analyzes the specifics and significance of the mechanism of national legal support for labor protection. Its importance is outlined and the role in the legal regulation of labor protection is characterized. On the basis of theoretical analysis, a list of elements of the national mechanism of legal protection of labor protection is derived. The author concludes that the mechanism of legal security depends not only on the state and the law, but also on the behavior of the legal entities themselves. It is this feature that determines the difference between the mechanism of legal regulation and the mechanism of legal support. It is established that the international and national mechanisms of legal protection of labor differ in the level of detail, where the national mechanism of legal security is a coherent and well-established system, which extends its operation to a clearly defined territory and regulates through the use of legal means and methods, the establishment of legal rules and application legal liability for their violation or non-observance, public relations between the subjects of labor protection in order to ensure the employee's rights to life, health I and safe working conditions and regulate the behavior of the employer to provide guarantees of these rights. In addition, there is a distinction between sanction and legal liability, where the first is understood as the means of coercive influence applied in the event of non-compliance or improper performance of an obligation. That is, the sanction is already a consequence of recognizing the need to apply legal liability, so it would be more appropriate to use this particular formulation. At the same time, the author is of the opinion that legal liability cannot be called a mandatory element of legal security, since it occurs only in exceptional moments of violation of rights or non-compliance with prohibitions. The lawfulness of acts of direct realization of rights and obligations, in turn, excludes the possibility of its application.

scholarly journals CONCEPTUAL FRAMEWORK FOR THE LEGAL PROTECTION OF SUBSOIL

2021 ◽  
pp. 152-157
Author(s):  
A. V. Sleptsov
Keyword(s):  
Conceptual Framework ◽  
Natural Environment ◽  
Legal Protection ◽  
Legal Regulation ◽  
Basic Component ◽  
Point Of View ◽  
Rational Use ◽  
Environmental Focus ◽  
The Republic ◽  
Definition Of

The article is devoted to the analysis of the legal protection of subsoil. Based on the analysis of legislation, the author distinguishes the theoretical features of the concepts of "subsoil" and "legal protection of subsoil," an attempt was made to formulate an author's definition of these concepts. The author concludes that it is necessary to recognize the subsoil as an object of environmental and legal protection, taking into account their properties not only as a repository of minerals, energy and other resources, but also as a complex and basic component of the natural environment. The author believes that from the point of view of the interests of subsoil protection, it is advisable to distinguish between the requirements for ensuring the rational use of subsoil and the requirements aimed directly at the protection of subsoil, with the separation of the latter into a separate article of the Subsoil Code of the Republic of Belarus "Subsoil Protection," which will contribute to the development of the environmental focus of legal regulation in this area.

Civil legal regulation of interest of intellectual property law

2020 ◽  
pp. 105-112
Author(s):  
Ivanna Babetska ◽  
Iryna Turchak
Keyword(s):  
Intellectual Property ◽  
Public Interest ◽  
Legal Protection ◽  
Legal Regulation ◽  
The State ◽  
Property Law ◽  
Public Interests ◽  
Intellectual Property Law ◽  
Legitimate Interest ◽  
Private And Public

Purpose. This paper focuses on the definition of «legally protected interest» and clarifying questions about its structure. In this article substantiate the idea about the main role of interests in law, realize the classification by different criterion. This article is devoted finding out of question about correlation of such key normative categories as «right (equitable right)» but «legal interest», and also by a «legitimate interest». The article examines the legal nature of private and public interests in the field of intellectual property. 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 research the concept of "private and public interest in intellectual property law" is defined. It is proved that private interest is defined as "the interest of individuals and social groups protected by the state", public interest is defined as "recognized by the state and secured by the interest of the social community, the satisfaction of which serves as a condition and guarantee of its existence and development." Scientific novelty. In the course of the research it was established that when it comes to ensuring the balance of public and private interests of the parties in copyright, it means, among other things, the introduction of special norms of free use of works in international and national law. The problem of interaction of private and public interests in the legal regulation of intellectual property relations requires further thorough detailed research to determine the mechanism and methods of protection of these interests. 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.

Abuse of the Rights of the Taxpayer

2021 ◽  
pp. 94-102
Author(s):  
Miroshnik S. V. ◽  
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Tax Law ◽  
Constitutional Court ◽  
Legal Form ◽  
Systematic Analysis ◽  
The Public ◽  
Private And Public ◽  
The Right ◽  
Abuse Of Law

Statement of a problem. The design of abuse of law, first developed for the sphere of private law, was further transferred to the sphere of public law. But this does not make it possible to equate abuse of law in private and public relations. There is a fundamental difference between them due to the nature of the regulated relations, the specificity of the methods of legal regulation. The process of shaping and developing perceptions of the possibility of abuse of rights in the field of taxation has gone through a complex, contradictory path of development. Initially, the Constitutional Court of the Russian Federation effectively recognized that the category «abuse of the right» did not apply to taxpayers. However, the need to find a balance between public and private interests required the development of fundamentally new approaches, naturally derived from the content of general and special principles of tax law. The aim and objectives of the study is to carry out a systematic analysis of the peculiarities of taxpayers» abuse of their subjective rights. Methods. Methods of knowledge of legal reality are used general (dialectic), general scientific (the analysis, synthesis, classification, generalization, the description) and private and scientific (legallistic, interpretation methods) when carrying out a research. Conclusions. Abuse of tax law is a particular form of tax offences. Unlike the offences of the classical kind, its wrongfulness, the public danger is veiled as the subject tries to take his behavior into legal form. Abuse of the law in the field of taxation is an illegal socially dangerous act of the taxpayer, in the sense that the person, based solely on his own interests, deliberately goes beyond the limits of a legally defined measure of possible behavior, while unduly reducing the measure of his proper behavior and the measure of possible behavior of other participants in tax legal relations. The courts, given the nature of the abuse committed, may deny a person the protection of his subjective right in whole or in part; Oblige a person to comply with his or her tax obligation; To decide on compensation for the damage caused to the public interest in the form of an accrual and recovery of penalties for late payment of fiscal payments and tax sanctions – fines for improper performance of public legal obligations in the field of taxation.

scholarly journals A Populist Monster and the future of Constitutional Democracy

2021 ◽  
Vol 4 (1) ◽  
pp. 83-100
Author(s):  
Andraž Teršek
Keyword(s):  
Rule Of Law ◽  
Legal Protection ◽  
Constitutional Court ◽  
Court Decisions ◽  
Constitutional Democracy ◽  
Council Of Europe ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
The Social ◽  
The Eu

Abstract The central objective of the post-socialist European countries which are also Member States of the EU and Council of Europe, as proclaimed and enshrined in their constitutions before their official independence, is the establishment of a democracy based on the rule of law and effective legal protection of fundamental human rights and freedoms. In this article the author explains what, in his opinion, is the main problem and why these goals are still not sufficiently achieved: the ruthless simplification of the understanding of the social function and functioning of constitutional courts, which is narrow, rigid and holistically focused primarily or exclusively on the question of whether the judges of these courts are “left or right” in purely daily-political sense, and consequently, whether constitutional court decisions are taken (described, understood) as either “left or right” in purely and shallow daily-party-political sense/manner. With nothing else between and no other foundation. The author describes such rhetoric, this kind of superficial labeling/marking, such an approach towards constitutional law-making as a matter of unbearable and unthinking simplicity, and introduces the term A Populist Monster. The reasons that have led to the problem of this kind of populism and its devastating effects on the quality and development of constitutional democracy and the rule of law are analyzed clearly and critically.

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.

Implication Juridical Decision of The Constitutional Court No. 18/PUU-XVII/2019 Concerning Wanprestasi In the Fiducia Agreement

2021 ◽  
Vol 3 (1) ◽  
pp. 12-21
Author(s):  
Soleh Hasan Wahid ◽  
Harum Mudrikah Mahsun
Keyword(s):  
Legal Protection ◽  
Court Decision ◽  
Constitutional Court ◽  
Literature Study ◽  
Breach Of Contract ◽  
Library Research ◽  
Security Holder ◽  
Approach Method ◽  
Data Collection Technique ◽  
Research Type

The purpose of this paper is to criticize the Constitutional Court Decision Number 18 / PUU-XVII / 2019, which determines that the phrases "executorial power" and "are the same as court decisions having permanent legal force" in Article 15 paragraph (2) of Law Number 42 of 1999 concerning The Fiduciary Guarantee contradicts the 1945 Constitution. From the norms contained in this article, there is a power of execution that the fiduciary security holder can carry out (creditors), which then causes many problems, both related to the constitutionality of norms and implementation. Thus, the authors question two things, first how is the juridical analysis of the Constitutional Court decision No. 18 / PUU-XVII / 2019 regarding breach of contract in the fiduciary agreement? Second, what is the juridical implication of MK Decision No. fiduciary? The writer's research type is library research, a literature study (library research) with a descriptive qualitative research type. The data collection technique used was documentation techniques, and the approach method used in this study was juridical normative. The results of this study conclude that 1) The Constitutional Court's decision has not provided a sense of justice as in Article 27 paragraph (1) and Article 28D paragraph (1) of the 1945 Constitution, because in this Constitutional Court decision gives more exclusive rights to the debtor because in this case, the creditor does not get legal protection rights in the event of undesirable things (2) This decision has implications for various parties, namely the Court, which now often receives requests for execution and the process will be lengthy, for notaries must add and clarify default clauses in detail. For business people whose creditors (fiduciary recipients) cannot carry out unilateral execution of the object of fiduciary security but must submit a request for performance to the Court. There is a concern that lousy faith will occur from the community's debtor when the creditor is submitting a request for execution to the Court.

Emergency powers of the authorities of the constituent units of the federation (states) in Russia, the USA and Brazil amid the spread of a new coronavirus infection

2021 ◽  
Vol 30 (3) ◽  
pp. 86-107
Author(s):  
Alexander Merkulenko
Keyword(s):  
Russian Federation ◽  
The United States ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Emergency Powers ◽  
Lack Of Control ◽  
The Usa ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Government

Due to the new coronavirus pandemic, high alert regimes were introduced across the Russian Federation in spring 2020. These emergency regimes were established exclusively by the state bodies of the Russian Federation’s constituent units – federal authorities did not introduce their own emergency regimes. This decentralized strategy of fighting the pandemic was also introduced by the USA and Brazil. Their states, without the sanction of the federal government, and in the case of Brazil, ignoring its bans, set emergency restrictions similar to those in Russia. The legal regulation of emergency regimes existed before 2020, when constituent units of the federation (states) actively used their emergency powers. However, the regimes introduced during the fight against the pandemic were slightly different to previous ones. The restrictions on rights and freedoms within these regimes were so severe that not only their proportionality was questioned, but there were also doubts as to whether the regional level of the government had the authority to establish such strict restrictions. In addition, the pandemic exposed old problems and revealed new shortcomings in the legal regulation of emergency regimes: lack of control over the realization of the emergency regime by legislative (representative) authorities, and gaps in legislative regulation – notably in the establishment of possible restrictions and of a mechanism for scrutinizing their proportionality. All this raised questions about the proportionality of the established restrictions. The Constitutional Court of the Russian Federation resolved a very insignificant amount of the problems. While the United States and Brazil faced similar issues, the practice of scrutinizing implemented restrictions in these countries was more common. This article takes domestic and foreign experiences into account, while examining certain aspects of the establishment and the operation of regional emergency regimes.

Dispositive Model of Active Legal Capacity of People with Mental Disabilities in France and Quebec in the Context of the Russian Civil Code Reform (Part II)

2021 ◽  
pp. 80-87
Author(s):  
Terdi E. S. ◽  
◽  
Skrynnik I. K. ◽  
Keyword(s):  
Mental Disorder ◽  
Legal Protection ◽  
Legal Regulation ◽  
Civil Code ◽  
Point Of View ◽  
Legal Capacity ◽  
Persons With Disabilities ◽  
Legal Norms ◽  
Leading Role ◽  
Legal Method

The article is devoted to the problem of the inconsistency of the Russian imperative model of active legal capacity, according to which the content of active legal capacity in case of its restriction due to mental disability of a person is prescribed by the law, to the Convention on the Rights of Persons with Disabilities ratified by Russia in 2012. The purpose of the paper is to demonstrate the shortcomings of the imperative model, the main of which is the lack of authority of the Russian court to individually determine the consequences of restriction of active legal capacity of a person due to mental disorder, taking in account degree of actual decrease of his cognitive and volitional abilities. This purpose is achieved by the consistent implementation of the following tasks. First of all, characteristic of the Russian imperative model of active legal capacity is given. Secondly, the French dispositive model of legal capacity is described. In this model the forms of legal protection, but not the categories of active legal capacity, incapacitation and restricted active legal capacity are the backbone concepts for the legal regulation of this group of relationship. It is noted that under the influence of the Convention on the Rights of Persons with Disabilities the more progressive, from the point of view of international law, forms of this model are stipulated in many foreign countries. Thirdly, the evolved form of the French dispositive model of active legal capacity, implemented in the Bill 18 «An Act to amend the Civil Code, the Code of Civil Procedure, the Public Curator Act and various provisions as regards the protection of persons», that was adopted by the National Assembly of Quebec in 2 June 2020, is analyzed. The main advantage of the latter is that the court, establishing the form of protection, is not bound by the legal norms that imperatively determine the content of active legal capacity of a person with mental disorder. The court is able, based on the cognitive and volitional abilities of particular person, to individually determine which acts person can perform by himself, alone or with the assistance of the tutor, and which one can be performed by the tutor only. The objectives of the study determine the leading role of the comparative legal method in its implementation. The provided research makes possible to assess the perspectives of borrowing of French or Quebec dispositive models of active legal capacity of people with mental disorder by the Russian legislator.

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