scholarly journals The concept of the territory of the federal territory ‘Sirius’

2021 ◽  
Vol 3 ◽  
pp. 55-58
Author(s):  
V.A. Mayboroda ◽  
Keyword(s):  
Legal Regulation ◽  
Legal Regime ◽  
The Creation

The article provides an analysis of the concept of the federal territory from the position of the constituents of the legal regime of the said territory, which includes both public-legal and private-legal regulation. The findings of the study suggest that a proposal should be put forward to improve the territorial composition of the federal territory and to include the territorial sea in the part necessary to achieve the goals of the creation of a federal territory.

Experimental legislation: some conceptual approaches to explanation

2021 ◽  
Vol 23 (2) ◽  
pp. 16-23
Author(s):  
MIKHAIL DEGTYAREV ◽  
Keyword(s):  
Species Diversity ◽  
Russian Federation ◽  
Experimental Approach ◽  
Thought Experiment ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Regime ◽  
The Russian Federation ◽  
Goals And Objectives ◽  
Law Making

In connection with the adoption of the Federal Law of July 31, 2020 No. 258-FZ “On Experimental Legal Regimes in the Field of Digital Innovations in the Russian Federation” and of the Federal Law of July 31, 2020 No. 247-FZ “On Mandatory Requirements in the Russian Federation” (Article 13 “Experimental legal regime”) the topic of experimental legislation was updated. The article is devoted to the application of the experimental approach in legal regulation. The author reveals the essence of the concept of experimental legislation, explains the goals and objectives of using the appropriate technologies. The author notes that although in a broad sense it can be said that the adoption of any new law is in itself an experiment, there are still significant differences within the experimental law. The author sets out the essential features of a legislative experiment. The article examines the reasons for the need and prerequisites for the rationality of the use of experimental legislation. The author shows the nature of legislative experimentation and the merits of this toolkit. The author shows the areas of relevant application of the method of experimental legislation. The species diversity of methods of experimental regulatory regulation is indicated. The article compares the method of practical experimental legislation and the method of thought experiment in norm-writing and law- making activities. The article compares the method of practical experimental legislation and the method of digital duplicate-models of legislative acts. The author substantiates the existence of limits of applicability of the method of experimental legislation and demonstrates selected technologies of experimental legislation. In conclusion, the author turns to the complex and controversial problems of using the method of experimental legislation.

scholarly journals Legal Basis of State Support for Creating Innovative Medicinal Products

2021 ◽  
Vol 81 (2) ◽  
pp. 21-26
Author(s):  
S. V. Vasyliev
Keyword(s):  
Pharmaceutical Industry ◽  
Scientific Research ◽  
Legal Regulation ◽  
The State ◽  
Medicinal Products ◽  
State Support ◽  
Public And Private ◽  
Development Fund ◽  
Private Partnership ◽  
The Creation

The study is focused on the legal regulation of state support for the creation of innovative medicinal products. Establishment of the measures of state support for scientific research for creating innovative medicinal products within legislative acts and by-laws should help to increase the competitiveness of the pharmaceutical industry in Ukraine. The government declares the provision of support for scientific research in the field of creating innovative medicinal products. The legislation establishes the conditions for registering an innovative project, provides the maintenance of the Register of scientific institutions that received the state support. A detailed characteristic of the existing means of the state support for scientific research in the pharmaceutical industry is provided. The state supports innovations by establishing tax incentives for research institutions and providing funding for some innovative projects. Support for innovations is carried out by the State Innovative Financial and Credit Institution, the National Research Fund of Ukraine and the Innovation Development Fund. Funding for the creation of innovative medicinal products can be realized through public and private partnership. The scholars have declared their propositions regarding the introduction of specific measures of the state support for innovations in the field of creating new medicinal products. It has been offered to amend the current legislation on the issues of state funding of scientific research in the sphere of developing new medicinal products. It is necessary to delineate the competence of various funds for promoting innovations in relation to supporting innovations in the field of pharmacia. It is important that the law should provide the procedure and conditions for supporting public and private partnership projects at the expenses of funds for promoting innovations.

scholarly journals Legal regulation of the digitalization process of Ukrainian archive space

2021 ◽  
pp. 79-88
Author(s):  
D. Vasylenko ◽  
L. Butko
Keyword(s):  
Legal Regulation ◽  
General Concept ◽  
State Regulation ◽  
Digital Format ◽  
Analysis And Synthesis ◽  
Scientific Principles ◽  
Systematic Development ◽  
The Creation ◽  
Theoretical Foundations ◽  
State Regional

The problem statement. Archival sphere can fit organically into the general concept of digital transformation of Ukraine’s economy. The creation of digital format of archival institutions should be based on identical branch standards and rules for the creation, preserving, accounting, description, using of digital copies in order to ensure a single collaboration algorithm between state, regional and municipal authority levels. The purpose of the research is to analyze the new trends of the management system of the archival sphere from the perspective of regulatory support for the implementation of digitalization tools of Ukrainian archival institutions. The methodology. To resolve the tasks of the research were used traditional complex of common scientific principles (determinism, imaging, unity of opposites) and methods (analysis and synthesis, systematic and structural, questionnaire, content-analysis, observation, statistical). The results. The article analyzes the legal tools as an element of state regulation of digitalization of the Ukrainian archival space. The results of the study were confirmed by a sociological survey on the topic “Do we need to adjust the regulatory basis the archival branch to the digitalization contexts?”. The scientific novelty of the research is to develop the theoretical foundations in the branch of archival sphere management due to context of regulatory support for provision of digitalization issue, including methods of analysis, synthesis and systematization, to generate the problem of introducing the modernizational legislation to manage the digitalization of archival sphere. Conclusions. It is reviewed in the research the influence of the state regulation on the task of systematic development of Ukrainian branch standards and other legal documentation, which is created to regulate the requirements of creation, accounting, preserving, and use of electronic document copies, as well as the collaboration between the archival institutions with stakeholders within a single online platform.

scholarly journals RESEARCHES CONCERNING CONFORMITY OF TECHNICAL DOCUMENTATION ON THE DETERMINATION (RENEWAL) OF LAND PLOTS BOUNDARIES OF HOMESTEAD BUILDINGS IN CITIES: ORGANIZATIONAL AND LEGAL ASPECTS

2017 ◽  
Vol 17 ◽  
pp. 290-297
Author(s):  
A I. Ripenko ◽  
A. A. Kolosiuk
Keyword(s):  
Legal Regulation ◽  
Legal Aspects ◽  
Public Land ◽  
Technical Documentation ◽  
Legal Regime ◽  
Forensic Examination ◽  
Basic Functions ◽  
Organizational Features ◽  
Working Out ◽  
Land Code

The paper considers the problems of insufficient methodical support of forensic examination within the limits of a speciality 10.20 «Researches of land planning issues» concerning conformity of the technical documentation on the determination (renewal) of land plots boundaries of homestead buildings in the cities. The thought of authors concerning expediency of working out techniques and methodical recommendations taking into account legislative and normative acts being in force in Ukraine for that time, is substantiated, and organizational features of legal regulation of lands under homestead buildings of cities in view of basic functions of such territories for their constant development and creation of appropriate conditions for residing of inhabitants are marked. The attention that the legal regime of using such lands needs complements concerning necessity of their operation according to the rules of territory beautification of a populated locality and other documentation concerning beautification issues, is paid. The idea on expediency of the Land Code of Ukraine amendments, in particular in its provisions concerning the use of inhabited and public land buildings in the limits ofpopulated localities taking into account the rules of territory beautification, is spoken out. The authors focus attention on the requirements to regulate the use of inhabited and public land buildings not only in the land legislation but also in the legislative acts which regulate a question of inhabited and public buildings territory beautification. Thus, for appropriate carrying out forensic examination on speciality 10.20 it’s necessary to develop methodical support both by adopting corresponding acts of land and city building legislation, standards, norms and rules of drawing up a technical documentation on the determination (renewal) of land plots boundaries in nature (on terrain) and by creation of the scientifically grounded techniques and methodical recommendations on the designated subjects.

scholarly journals Permanent Bench of Regional Courts: The Need or an Opportunity for the Establishment

2021 ◽  
Vol 1 ◽  
pp. 3-7
Author(s):  
Vasiliy V. Glushkov ◽  
Keyword(s):  
Legal Regulation ◽  
District Courts ◽  
Domestic Legislation ◽  
The Creation

The article analyzes the provisions of the Russian Federation’s judicial law. The fragmentation of the legal regulation of the organization of activities in these separate units of district courts has predetermined the need to study the topic standing judicial presences. The study revealed the paths (options) of the establishment of district courts and the permanent judicial presences of district courts with sub-jurisdictional territory in the light of the current domestic legislation. It is proposed to improve the legislation regulating the creation and operation of permanent judicial presences of district courts.

scholarly journals THE LEGAL FATE OF THE OBJECTS PLACED IN AREAS WITH SPECIAL CONDITIONS FOR THE USE OF TERRITORIES IN VIOLATION OF ESTABLISHED RESTRICTIONS

2020 ◽  
Vol 24 (4) ◽  
pp. 1063-1077
Author(s):  
Marina S. Muravyeva
Keyword(s):  
Scientific Knowledge ◽  
Legal Regulation ◽  
Legal Regime ◽  
Methodological Basis ◽  
Judicial Practice ◽  
Legal Method ◽  
Logical Method ◽  
General Scientific ◽  
Method Analysis ◽  
Legal Grounds

The author considers the problem of placing buildings, structures and other objects in zones with special conditions for the use of territories in violation of the restrictions on the use of land plots established by law. Until August 2018, this issue was not regulated in the legislation, as well as the legal regime of protected zones and other zones with special conditions for the use of territories was not properly regulated. At the same time, the judicial practice on disputes over the demolition of these objects was not uniform. In connection with the adoption (in August 2018) of legislative acts affecting both the legal regulation of unauthorized buildings and regulation of the legal regime of zones with special conditions for the use of territories, the work makes attempts to analyze the current legislation, the main positions of the courts and understand the reasons that caused the adoption of new legislative acts. The author comes to the conclusion that at present the legal fate of objects located in zones with special conditions for the use of territories in violation of the restrictions established for land plots depends on a number of circumstances identified by the judicial authorities when considering disputes and having been enshrined in the norms of law. The methodological basis of the research is made up of general scientific (in particular, logical) and special legal (formal legal) methods of scientific knowledge. The logical method (analysis, synthesis, deduction, induction, analogy, etc.) made it possible to identify various legal grounds for the demolition of objects built in zones with special conditions for the use of territories in violation of the established restrictions. With the help of the formal legal method, the court practice of the applying the norms of civil legislation on unauthorized constructions in relation to the placement of objects in zones with special conditions for the use of territories was analyzed.

scholarly journals From the European Health Community to the European Health Union: The Project of the Supranational Health and Research Organization of the European Countries and its Historical Destiny

Lex Russica ◽  
2021 ◽  
pp. 138-153
Author(s):  
A. O. Chetverikov
Keyword(s):  
Legal Regulation ◽  
European Countries ◽  
Eurasian Economic Union ◽  
Health Community ◽  
Legal Nature ◽  
Legal Model ◽  
European Health ◽  
The Creation ◽  
Research And Education ◽  
The Impact

The paper examines the little-known pages of the legal regulation of international integration in Europe: the project of the creation in the middle of the 20th century of the European Health Community (EHC) and its relationship to the current project for the establishment of the European Health Union. The introduction examines the reasons for the ineffective response of the modern European Union (EU) to the global coronavirus pandemic, mainly due to the lack of European institutions, in contrast to the economy and a number of other spheres of public life, supranational powers in the field of health.The first section analyzes the main provisions of the draft EHC presented by the French Government in 1952 and became the subject of an international "preparatory conference" with the participation of 16 European countries at the end of the same year. The author gives special attention to the legal consolidation in the EHC draft founding treaty of "sanitary activities" (prevention and counteraction of various types of diseases); "cultural provisions" dedicated to the collection of information, the development of scientific research and education in the field of health; provisions on the creation of a common therapeutic and research infrastructure of the EHC; the political and legal nature of the EHC as a supranational organization with restrictions in its favor of the sovereign rights of the participating states.The second section describes and evaluates the domestic, foreign, and economic factors that prevented the creation of the EHC.The final section examines the impact of the EHC on the law-making and law-enforcement activities of the modern EU, and compares the legal model of the EHC with the model of the European Health Union, which was established in the end of 2020. There are also proposals for using the experience of European integration in the field of healthcare for the development of integration processes in a similar field between Russia and other former Soviet republics, including the creation of common medical and research centers under the auspices of the Union State of Russia and Belarus and (or) the Eurasian Economic Union, equipped with mega-science facilities (synchrotrons, etc.), other advanced infrastructure of scientific theoretical and scientific applied nature.

scholarly journals Legal regulation of advertising agencies in the context of intellectual property law

2021 ◽  
pp. 5-10
Author(s):  
Nadiia Fedorova
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Legal Regulation ◽  
Practical Aspect ◽  
Advertising Agencies ◽  
Advertising Agency ◽  
Professional Business ◽  
The Creation ◽  
Business Entities ◽  
The Right

Keywords: advertising, legal regulation, subjects of advertising activity, consumerrights, advertising legislation, hidden advertising, comparative advertising The main prerequisite for the rationalization of advertisingactivities in all its scale is the methodological and planned preparation of advertisingmessages and their correct use at all stages of the advertising process. Advertisingagencies play an important role in being qualified coordinators between trade(distribution) and marketing, for the benefit of consumers.The specificity of legal relations arising in connection with the creation and distributionof advertising is associated with the fact that their subjects on the part ofadvertising producers are mainly professional business entities, which concludeagreements on the creation of advertising with their customers. Relationships betweenadvertising creators and advertising agencies are mainly built based onorder agreements for the creation and use of objects of intellectual property rightsor labour contracts. In this case, the author retains non-property intellectual propertyrights, while property rights in most cases pass to the advertising agency oradvertising customer.So, the author retains non-property rights, and, unfortunately, they, as a rule, areunimplemented properly in relations arising from the creation and distribution of advertising.Undoubtedly, we are talking about the right to a name. As a rule, advertisementsdon’t include their creators' name, regardless of how they are distributed.However, this doesn’t mean that the rights of the advertising author. or the rights ofthe advertisement constituent elements author may be violated. The legislation notesthe possibility not to indicate the name of the author with his consent or at his request.According to Law of Ukraine “Copyright and Related Rights”, the author has apersonal non-property right to demand recognition of his authorship by properly indicatingthe author's name on the work and its copies of any public use of the work, certainly,if it’s possible. However, the purpose of advertising is to disseminate informationabout a product or service and not about its author. For the practical aspect ofthis situation, it’s usually indicated that the producer is an advertising agency, notthe individual authors of the content.

MATRIMONIAL PROPERTY RELATIONS IN THE INTERNATIONAL FAMILY LAW: METHODOLOGY OF REGULATION

2017 ◽  
Author(s):  
Yevhen Tkachenko ◽  
Keyword(s):  
Social Relations ◽  
Social Life ◽  
Family Law ◽  
Family Relations ◽  
Self Regulation ◽  
Essential Element ◽  
Legal Regulation ◽  
Legal Regime ◽  
Property Relations ◽  
Law Regulation

As a result of this study, the family law regulation of matrimonial property relations was found to have its specific mechanism which is defined as a single system of legal ways and means providing mainly dispositive legal influence on family relations that allows significant influence of individual self-regulation and restrictions of prohibitions. At the present stage of study, this mechanism is considered as a ‘complex’ phenomenon which has several layers. Therefore, different interpretations of the mechanism for family law regulation of matrimonial property relations, derived at various levels, show not only their distinctive but also their common features. Determination of heterogeneous circumstances affecting the matrimonial property relations requires an analysis of the content and legal regulation of the relations related to property ones, since they are influenced by the mechanism for family law regulation of matrimonial property relations. Therefore, the methodology is the most essential element of this mechanism: it reveals the basic legal principles of family law regulation and directly connects legal tools with the objectively determined needs of social life by using the regulatory functions of law. The structure of the methodology of the mechanism for family law regulation of matrimonial property relations includes permits, prohibitions, instructions, incentives, obligations, sanctions and other ways to influence proper relationships. Methods of family law regulation are determined as methods of legal influence on the relevant social relations. They reflect the essence of a particular legal regime of regulation, while serving as a unifying principle which groups the system of family law and other legal phenomena within the institutions of family law. In this sense, the main methods of legal regulation are the method of subordination and the method of coordination. As a result, it is determined that each family law method reflects a special legal regime of regulation and depends on the formation of a specific set of techniques and means of regulation, among which a special place is occupied by general permits and general prohibitions.

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