scholarly journals SOME ASPECTS OF USING PASSENGER DATA (API/PNR) IN SUPPORT OF BORDER SECURITY

2021 ◽  
pp. 169-176
Author(s):  
S. O. Filippov
Keyword(s):  
Data Exchange ◽  
Legal Regulation ◽  
Unified Approach ◽  
Illegal Migration ◽  
Data Format ◽  
Registration Data ◽  
Airline Passengers ◽  
The Right ◽  
The Relationship ◽  
Positive Effect

The article reveals with the logic, mechanism and main parameters for using passenger data (API/PNR). The interrelation of the concepts of “Advance Passenger Information” and “Passenger Name Record” has been revealed. It has been determined that the systems of simplification of formalities also have a positive effect on security. For example, the purpose of data collection in the EU is to effectively combat illegal migration and strengthen border control, as well as to prevent, detect, investigate and prosecute terrorist and serious crimes. This applies to both the Passenger Information System (API) and additional passenger data, such as Passenger Name Record (PNR) data. There is no doubt that the successful application of API and PNR data exchange depends on a unified approach of all participants in information relations (both border agencies and airlines in different countries) regarding the question of data standard and standard of their transmission. Ensuring such a unified approach is a problem even when there is unity of legal regulation on data format and data exchange procedures. There are no special regulations in the national legislation that would regulate the relationship regarding the circulation of passenger registration data, nor is there a specific entity that processes this type of information. Thus, there is a need for special legal regulation of the circulation of information about airline passengers crossing the state border of Ukraine. In particular, the legislation must regulate the procedure, grounds, purpose of obtaining, processing, transmission, storage and destruction of information about passengers (its content), protection of the right to confidential information of persons operating international flights, establish a responsible controller of such information.

scholarly journals The Legal Basis For Control in the Sphere of Use And Protection of the Animal World in Ukraine

2019 ◽  
Vol 1 ◽  
pp. 99-108
Author(s):  
Svitlana Marchenko
Keyword(s):  
Environmental Control ◽  
Control Function ◽  
Legal Regulation ◽  
Legal Literature ◽  
The Subject ◽  
Legislative Support ◽  
The Right ◽  
Object Of Control ◽  
The Relationship ◽  
Animal World

The article is devoted to the legal bases for control in the sphere of use, reproduction and protection of the animal world. legislative support of environmental control in the fild of use, reproduction and protection of wildlife was considered. Th system and powers of state authorities and bodies of local self-government concerning the implementation of the control function in the field of use, reproduction and protection of the animal world were investigated. On the basis of the analysis of legal literature and legislation of Ukraine, the peculiarities of legal regulation of control in the fild of use, reproduction and protection of wildlife were singled out, the classifiation of environmental control in the sphere of use, reproduction and protection of the animal world by subjects of its implementation and the areas of the use of animal objects has been made. Particular attention was paid to the implementation of control in the field of fisheries as one of the types of agricultural production. It was concluded that control in the sphere of use, reproduction and protection of wildlife is one of the most important functions of the state in ensuring the right to an environment that is safe for life and health and compensation for damage caused by violation of this right, stipulated in Art. 50 of the constitution of Ukraine. Proper regulation of control activities in the fild of use, reproduction and protection of wildlife can become a guarantee of observance of the norms of the current legislation, and substantially balance the relationship between the subject and the object of control.

scholarly journals Court Judgement as a Jural Fact in Civil Law: Doctrinal Discourse and the Problem of Legal Formulations

2021 ◽  
pp. 240-262
Author(s):  
V. G. Golubtsov ◽  
Keyword(s):  
Civil Rights ◽  
Civil Law ◽  
Modern Science ◽  
Legal Regulation ◽  
Public Law ◽  
Procedural Law ◽  
The One ◽  
The Right ◽  
Substantive Law ◽  
The Relationship

Introduction: the role of the court judgement that determines civil rights and obligations remains not completely perceived in civil law. In the modern science of civil law, no definite theoretical views on this subject have yet been formed, except for those that were formulated in the period when the science was actively discussing the very fact of referring court judgements to jural facts of civil law. In the article, we address this issue through reviewing, analyzing and generalizing the existing scientific views, with inter-disciplinary aspects also involved. The scope of study includes the disputable issues of the legislative definition of the court judgement seen as the basis for the commencement of civil rights and obligations and also the analysis of methodological positions significant for the research. Purpose: while taking the theory of modificatory claims as what is recognized in the modern doctrine of civil procedural law, to investigate the right-establishing force of the court judgement defined by the legislator as a jural fact of civil law. Methods: the methodological framework of the research is based on the general scientific method of scientific cognition, which reflects the relationship between the doctrine and law enforcement, as well as methods of dialectics, analysis, synthesis, analogy, functional, interdisciplinary, and system approaches. Results: the article proposes a system of concepts with the court judgment in its civil law meaning of a jural fact of substantive law lying at the core. Based on this system, we can state that the relationship between such concepts as the ‘court judgement’ and the ‘jural fact of substantive law’ is to a greater extent speculative. It is not sufficient to explain a court judgement as the basis for the commencement of civil law relations only based on the theory of procedural law, which divides all claims into declarative and constitutive ones. We argue that the concept ‘court judgement’ in its substantive meaning has a dual civil law function: (1) in the meaning of its right-restorative function – as a result of the protection of a violated civil right, and (2) as one of the grounds for the establishment of civil rights and obligations resulting from a private person’s initiative and the court authority. The right of the court to deliver right-establishing judgements that become one of the legal regulation elements within civil law, is an exception to the general civil law rule implying the discretionary method of regulation, according to which the parties determine their rights and obligations by mutual agreement. Following the analysis of the doctrinal views on the concept of the court judgement in its substantive meaning, which many authors consider to be the one not corresponding to its broader procedural meaning, we justify the position that there are no obvious grounds for diagnosticating the alleged contradiction between substantive and procedural legislation in terms of the logical scope of the ‘court judgement’ concept. It is more important to see the real legal meaning of this concept in the civil law reality, which involves a combination of the substantive law significance of a court judgement for establishing civil rights and obligations and the public law essence of this act, which is manifested not in private actions of the interested persons themselves but in unilateral actions of the court as a public law subject. We also formulated some methodological positions that could serve as theoretical guidelines for further research into the problem of the court judgement as one of the jural facts of civil law.

scholarly journals Problematic aspects of the application of the right of regression in indemnification by the employer to their employee

2020 ◽  
pp. 40-44
Author(s):  
L. Vasylenko ◽  
S. Khomenko
Keyword(s):  
Legal Regulation ◽  
Point Of View ◽  
Third Party ◽  
Labour Law ◽  
Legal Provisions ◽  
Recommendations For Action ◽  
Contractual Obligations ◽  
The Right ◽  
Relationship Of ◽  
The Relationship

The purpose of the research in the article is to consider the theoretical problems of legal regulation of property liability of the employer. This work is devoted to investigation of the indemnification peculiarities by a legal or natural person caused by their employee or another person in accordance with Art. 1172 of the Civil code of Ukraine that will allow to establish cases of its use, in combination with other norms of the legislation, in particular labour. The conditions and reasons for the occurrence of the mentioned non-contractual obligations, peculiarities and problems of application of the right of regression to the persons who caused the damage will be revealed. Nowadays, unfortunately, the concept of «regressive obligations» has not been investigated enough, the legislation does not contain a specific definition of the term, there are no reasons and conditions for their occurrence and application, the legal provisions of the participants of these obligations have not been interpreted, which complicates the application of regression in practice. The issue of indemnification caused by an employee in the performance of his duties is closely intertwined with two related branches of civil and labour law. Therefore, it is necessary to analyze some elements of each type of responsibility to determine their independence and separation. To achieve this goal, the authors set the following tasks: to identify the causes of this discussion; to analyze the scientific positions by various scientists, about the civil nature of the relationship of indemnification by the employee to third party; to carry out the comparative analysis of legal regulation of the given relations by norms of the labour law and regulation of relations on indemnification caused by the employer, by its employee, by the civil legislation; determine the peculiarities of the relationship of liability of the employer for damage caused by the employee; summarise the legal nature of the relationship to compensate for damage caused by the employee. This will help to identify recommendations for action in the event of similar commitments in life. For this purpose, in this research the national legislation is analyzed from both a theoretical and practical point of view.

scholarly journals Economic dimension of the right to sustainable development: good governance and human security

2021 ◽  
Vol 258 ◽  
pp. 05012
Author(s):  
Anahita Seifi ◽  
Najmeh Razmkhah ◽  
Dmitri Pletnev
Keyword(s):  
Good Governance ◽  
Economic Security ◽  
Comprehensive Approach ◽  
Human Beings ◽  
Economic Dimension ◽  
Collective Rights ◽  
Right To Development ◽  
The Right ◽  
The Relationship ◽  
Positive Effect

The enjoyment of human rights by human beings is a goal which pursued by the right to development through the process of development. By emphasizing the collective spirit and recognizing individual and collective rights and a comprehensive approach to the right to development and strengthening the power of man and society that is reflected in the comprehensive approach to security, can motivate human beings to achieve development, peace and security Provide stable. This paper examines the relationship between development, good governance and economic security. Underdevelopment is the bedrock of insecurity, in other words, development is a prerequisite for security. The root of all insecurity and instability is poverty, and without development there can be no security. There is a link between the right to development and security and the components of good governance, and they reinforce each other. In this article, One of the indicators of the right to development is good governance and its relation to economic security everywhere. Good governance has a positive effect on the implementation of the right to development and access to security.

scholarly journals The System of Legal Regulation of Cross-Border Relations in the Field of Industrial Property: Terminological Aspects

2021 ◽  
Vol 16 (7) ◽  
pp. 110-124
Author(s):  
B. A. Shakhnazarov
Keyword(s):  
Intellectual Property ◽  
Legal Regulation ◽  
Industrial Property ◽  
Legal Norms ◽  
Cross Border ◽  
General Object ◽  
Legal Fact ◽  
The Right ◽  
The Relationship ◽  
State Nature

The paper discusses the terminological aspects of the system of legal regulation of cross-border relations in the field of industrial property. The use of the term “cross-border relations” does not in itself imply the overcoming of the territorial principle of industrial property protection. Transboundariness as a characteristic of private-law relations, which presupposes a complication of the relationship by a foreign element, means the presence of any connection between the relationship (through a subject or legal fact in the case of cross-border relations in the field of industrial property) with the legal order of several states. It is proposed to define industrial property as rights (exclusive and personal non-property) related to intellectual property in the production-technical and production-trade areas. The system of legal regulation of cross-border relations in the field of industrial property is defined by the author as a coherent group of norms consisting of interrelated and interdependent principles of protection of industrial property (universal, general object and special object), other international and national substantive legal and national conflict-of-laws norms subordinate to these principles, as well as individual norms of non-state nature, subordinate to all the specified legal norms, regulating relations complicated by a foreign element regarding the emergence, use, transfer, restriction, termination, protection of rights to industrial property. In this case, a foreign element in a legal relationship can be represented by the subject, as well as by a legal fact: the place of violation of the right to the industrial property object, the place of execution of the formalities necessary for the protection of the industrial property object, as well as the place of occurrence of the consequences of harm caused by the violation of rights to intellectual property object.

Research on the Data Format Standard of IoT Based on XML

2013 ◽  
Vol 336-338 ◽  
pp. 2138-2141 ◽  
Author(s):  
Ying Peng ◽  
Fang Wang
Keyword(s):  
Internet Of Things ◽  
Semantic Web ◽  
Data Exchange ◽  
Model Data ◽  
Data Format ◽  
S Model ◽  
The Relationship ◽  
The Way

Currently in the application level of Internet of Things (IoT), relevant data format standards are very complicated and every relational subject goes his own way. To solve this problem, this paper, from the view of XML and G/S model, started with the relationship among Internet, Semantic Web and IoT and then put forward the way of building the IoT data format standardization system. The IoT data format standardization should be based on XML for syntax and on G/S model. Data Exchange Standards System of the IoT should adopt XML as its grammar format. Finally, the system (base on MSML) with a specific application is illustrated.

scholarly journals Effects of Brand Heritage on Intentions to Buy of Airline Services: The Mediating Roles of Brand Trust and Brand Loyalty

2020 ◽  
Vol 13 (1) ◽  
pp. 303
Author(s):  
Deniz Zeren ◽  
Ali Kara
Keyword(s):  
Direct Effect ◽  
Brand Loyalty ◽  
Corporate Identity ◽  
Purchase Intentions ◽  
Brand Trust ◽  
Airline Passengers ◽  
Positive Direct ◽  
The Relationship ◽  
Positive Effect ◽  
Brand Heritage

Brands are facing significant pressures in globalized markets so as to communicate a consistent corporate identity to their customers. Accordingly, the established past of a brand should be considered a key resource by giving the organization a competitive advantage in the marketplace. This paper examines the relationship between brand heritage and consumers’ purchase intentions of airline services and investigates the mediating roles of trust and loyalty. We conceptualize that brand heritage will have a positive effect on consumers’ purchase intentions of airline services. Moreover, using the Commitment-Trust Theory (Morgan and Hunt, 1994), we hypothesize that brand trust and brand loyalty will mediate the relationship between brand heritage and purchase intentions. Data for the study (n = 567) is collected through personal interviews of airline passengers traveling from 10 different major airports in Turkey. Results reveal that brand heritage has a significant positive direct effect on purchase intensions; however, when the brand trust and brand loyalty constructs are introduced into the model, the direct effect becomes statistically insignificant, demonstrating full mediation roles of brand trust and brand loyalty on purchase intentions. Research and practical implications are discussed.

Developing leadership styles and green entrepreneurial orientation to measure organization growth: a study on Indian green organizations

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Pratima Verma ◽  
Vimal Kumar
Keyword(s):  
Leadership Styles ◽  
Entrepreneurial Activity ◽  
Organizational Growth ◽  
Content Type ◽  
Challenges And Opportunities ◽  
Green Entrepreneurship ◽  
The Right ◽  
The Relationship ◽  
Positive Effect ◽  
Day By Day

Purpose Due to environmental and health awareness, there are a number of green startups increasing day by day and consumers want to use organic products over conventional products. The green enterprise faces unique challenges and opportunities in attracting the right investors, organization growth and their performance. The purpose of this study is to better understand the relationship between green entrepreneurship (GE) and different leadership styles (LS) and their association with organizational growth (OG). Design/methodology/approach This paper proposes a methodology based on multiple independent variables and one dependent variable i.e. multiple regression analysis. A numerical analysis of the Indian organization is presented to demonstrate the use of the proposed method. Findings The findings indicate that different LSs (charismatic, transformational, visionary and servant leadership) feature an influence on entrepreneurial activity. The result of the study also found that GE and LS have a positive effect on OG. Research limitations/implications This research will help the industry reflect on the style of leadership and attempt to introduce a new style of leadership that supports and is suitable for the green organization’s growth. Originality/value The study identified diverse LSs that specifically plays an important role in green entrepreneurship organizations. Additionally, investigate the relationship between OG and GE.

ANALYSIS OF PRACTICE OF THE ECHR REGARDING WOMAN`S RIGHT TO ABORTION

2017 ◽  
Author(s):  
Ivanna Maryniv ◽  
◽  
Aljona Babich ◽  
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Fourth Generation ◽  
Unified Approach ◽  
The Right To Privacy ◽  
European Court ◽  
Main Emphasis ◽  
The Difference ◽  
The Right ◽  
The Relationship

This article is devoted to highlighting the content and nature of women's right to abortion and opportunities for its protection. Since this right is attributed by scientists to the fourth generation of human rights and it is relatively new, it is extremely relevant to clarify the issue of the relationship between the rights and interests of a pregnant woman and an unborn child. The authors point out the existence of an urgent problem associated with the absence in European сountries of a unified approach to determining the criteria and conditions under which abortion is considered legal. It is also necessary to pay attention to the fact that a separate article dedicated to the right to abortion is absent in the European Convention on Human Rights. Since one of the conditions of acceptability of an individual complaint is the requirement to refer to violation of only those rights that are provided and guaranteed by the ECHR. The only opportunity for women to protect their right or receive compensation for violation of the right to abortion - is appeal to the European Court of Human Rights, referring to Article 8 of the European Convention, which determines the right of everyone to respect for privacy. Thus, the right to abortion is considered through the prism of the right to privacy. The main emphasis in this article is made on the analysis of the most important decisions of the European Court of Human Rights in Affairs, where women complain about violation of their rights due to imprisonment of abortion, which led to terrible consequences. The authors clarified the relation of the ECHR to abortion and deprivation of the right of a woman on their conduct. The court has developed criteria that help determine whether there was a violation of a woman's right to respect for privacy, guaranteed by Article 8. In the article the main problems due to which women in most cases cannot implement their right in their own country properly are identified. Also, in the context of the court decisions, the difference between the ECHR positions regarding this issue and the internal legislation of some European countries, against which the complaints are most often served is analyzed. The authors draw the attention of states to the need to take into account the conclusions of the European Court and lead laws and other regulatory acts in accordance with its decisions.

scholarly journals THE RIGHT TO JUDICIAL PROTECTION AND THE REGIME OF SPECIAL BANK ACCOUNTS OF PAYMENT AGENTS AND SUPPLIERS

2019 ◽  
Vol 7 (2) ◽  
pp. 26-30
Author(s):  
Евгений Пустовалов ◽  
Evgeniy Pustovalov
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Judicial Decision ◽  
Legal Regime ◽  
General Sequence ◽  
Bank Accounts ◽  
Constitutional Right ◽  
The Right ◽  
Judicial Protection ◽  
The Relationship

The article discusses the relationship between the constitutional right to judicial protection, which includes such an element as the effective enforcement of a judicial decision, with the legal regime of special bank accounts of payment agents and suppliers. Attention is drawn to the problems identified by law enforcement on the recovery of funds in such bank accounts, including the possible harm to persons who are not debtors in enforcement proceedings. Based on the analysis of the legal regulation of the special bank accounts of payment agents and suppliers, a conclusion is drawn on the admissibility of foreclosure on money on them. To exclude (minimize) the possibility of harming suppliers and payers-individuals, it is proposed to amend the sequence of payments on special bank accounts of payment agents in comparison with the general sequence established by civil law

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