scholarly journals Some Peculiarities of Settlement of Neighbor Conflicts Related to Activities of Legal Entities

JURIST ◽  
2021 ◽  
Vol 4 ◽  
pp. 46-50
Author(s):  
Yulia D. Syubaeva ◽  
Keyword(s):  
Air Pollution ◽  
Public Interest ◽  
Legal Protection ◽  
Negative Influence ◽  
Scientific Article ◽  
Industrial Property ◽  
Judicial Practice ◽  
Problematic Situations ◽  
The Impact ◽  
Legal Entities

Due to the development of industrial property, the emergence of new enterprises, a large number of legal entities engaged in business activities, there is an acute problem of proper legal protection of the interests of persons exposed to negative influence from these subjects. The lack of uniformity of judicial practice in this area indicates a lack of legislative elaboration of relations between neighbors, which or one of which is a legal entity engaged in negative activities associated, as a rule, with air pollution, noise, light, energy and other effects. When resolving such disputes, the courts take into account many factors, including: the presence or absence of public interest in the activities of the enterprise, the severity of the impact, etc. However, these grounds may be applied and interpreted by the courts in different ways. This scientific article is devoted to the analysis of the most problematic situations.

The Impact of Severe Air Pollution in January 2013 in Beijing on Sustained Elevation of Public Environmental Concern

2018 ◽  
Vol 17 (1) ◽  
pp. 135-157 ◽  
Author(s):  
Julian Schwabe
Keyword(s):  
Air Pollution ◽  
Public Interest ◽  
Media Coverage ◽  
Public Perception ◽  
Environmental Concern ◽  
Influential Factors ◽  
Public Attention ◽  
Media Reporting ◽  
Timeline Analysis ◽  
The Impact

Abstract Harmful and sudden events trigger intense media coverage which in turn can elevate public interest in a problem within an instant. A period of heavy air pollution in Beijing in January 2013 may have been such a case. This sudden and intense period of air pollution featured historically high levels of fine particulate concentrations and was assumed by observers to be a trigger for shifting public perception and increased pressure for policy adjustment. This study examines whether this period of severe air pollution indeed triggered increased public scrutiny, following which the influential factors behind this development are outlined. In this context, a focus is given to the interplay of air quality, media reporting and public discussion in shaping sustained public interest. Based on a timeline analysis and survey data, it is argued that the combination of historically high air pollution with intense media reporting did lead to higher public attention to the topic.

scholarly journals The Impact of Air Pollution on the Development of Inbound Tourism in Chinese Megacities: The Case Study of Beijing, Guangzhou and Chongqing

2021 ◽  
Author(s):  
Nianlin Zhou ◽  
Yeli Gu ◽  
Manyuan Jiang
Keyword(s):  
Air Pollution ◽  
Carbon Emissions ◽  
Fixed Effects ◽  
Negative Influence ◽  
Fixed Effects Model ◽  
Fixed Investment ◽  
Inbound Tourism ◽  
New Business ◽  
Negative Effect ◽  
The Impact

The existing studies pay more attention to the impact of public transport and other public service facilities on urban air pollution and tourism, but less on the negative effect of air pollution caused by carbon emissions of business fixed investment on inbound tourism. This article attempts to make a supplementary analysis about the above point through examining the correlation between air pollution associate with business fixed investment and the size of inbound tourism based on panel data of three megacities (Beijing, Guangzhou and Chongqing) in China over the period from 2015 to 2019. The findings of this paper show that the effects of air pollution linked with carbon emissions from business fixed investment on the number of inbound tourists (NIT) is a negative correlation, while the influence of GDP per capita and tourism revenue on NIT reveal a positive relationship by applying fixed effects model for benchmark regression and the system-GMM estimator for robustness check. Moreover, the negative influence of PM 10 on sample cities is more than PM2.5. Some different results of core variables between benchmark and sub-sample regressions don’t imply the above conclusion to be substantively changed because of different distribution and concentration of nominal inbound tourists in specific sample megacities. In order to fundamentally improve air quality and to stimulate the development of inbound tourism, the suggestion of this study is to promote new business fixed investment with clean energy of renewable and low carbon.

scholarly journals Living Well with Pollution? The Impact of the Concentration of PM2.5 on the Quality of Life of Patients with Asthma

2019 ◽  
Vol 16 (14) ◽  
pp. 2502 ◽  
Author(s):  
Monika Ścibor ◽  
Andrzej Galbarczyk ◽  
Grazyna Jasienska
Keyword(s):  
Quality Of Life ◽  
Air Pollution ◽  
Particulate Matter ◽  
Substantial Reduction ◽  
Negative Influence ◽  
Life Questionnaire ◽  
Asthma Patients ◽  
Air Quality Monitoring Stations ◽  
The Impact

While the negative influence of environmental pollution on the respiratory system is well established, especially for people with bronchial hyper-reactivity, the impact of particulate matter on quality of life in asthma patients is not well understood. Three hundred adult asthma patients were recruited for a study; for each patient, the daily concentrations of particulate matter of 2.5 µm or less in diameter (PM2.5) were recorded from air quality monitoring stations. The study was conducted over two weeks. After two weeks, the patients filled out the Asthma Quality of Life Questionnaire (AQLQ), evaluating the quality of their lives throughout the monitored period. Patients exposed to a higher concentration of PM2.5 had significantly lower AQLQ scores. Every 10 µg/m3 of an increase in the concentration of PM2.5 resulted in a decrease of the AQLQ score by 0.16. All domains of quality of life (symptoms, activity limitations, emotional functioning, and environmental stimuli) assessed in the questionnaire were negatively affected by PM2.5. These findings provide an important argument in favor of educating physicians and patients and raising awareness about the detrimental health effects of air pollution. Improving the quality of life of people with asthma requires an immediate and substantial reduction of air pollution.

scholarly journals THE INTERNATIONAL STRENGTHENING OF IPR AND AIR POLLUTION ABATEMENT: THE ROLE OF THE TRIPS AGREEMENT

2015 ◽  
Vol 23 (2) ◽  
pp. 316-338
Author(s):  
Giuseppe DI VITA
Keyword(s):  
Air Pollution ◽  
Pollution Abatement ◽  
Legal Protection ◽  
Quantitative Measure ◽  
Trips Agreement ◽  
Dummy Variable ◽  
Pollution Emissions ◽  
Air Pollution Abatement ◽  
The Impact

This paper comes in the wake of the literature considering technological progress as the main device to offset air pollution caused by economic activity. The issue has been extensively studied in general, but there is no previous research on the effects that an international strengthening of legal protection of Intellectual Property Rights (IPR) due to the Uruguay Round Agreement and the Annex on Trade-Related aspects of the IPR (TRIPs, for short), underwritten in 1994, may have had on worldwide emissions, as a result of the discovery of new or more efficient air pollution abatement technologies. Different econometric models are used to give a quantitative measure of the TRIPs agreement to reduce air pollution. In particular, the impact of the TRIPs is addressed using a dummy variable and the index of Ginarte and Park (Ginarte, Park 1997) that is one of the more commonly used indicators of TRIPs enforcement employed in economic literature. The findings of this research partially support the idea that the strengthening of a uniform minimum standard protection level of IPR, among the member countries of the World Trade Organization, may help to reduce air pollution emissions.

Whistleblowing in Kuwait and UK against corruption and misconduct

2018 ◽  
Vol 60 (4) ◽  
pp. 1020-1033 ◽  
Author(s):  
Faisal Al-Haidar
Keyword(s):  
Public Interest ◽  
Design Methodology ◽  
Private Enterprise ◽  
Legal Protection ◽  
Government Agency ◽  
Content Type ◽  
The Public ◽  
The Uk ◽  
The Impact ◽  
Made In

Purpose This paper aims to explore the nature and the scope of whistleblowing in Kuwait and in the UK. Whistleblowing is when a person, usually an employee, in a government agency or private enterprise, discloses information to the public or to those in authority, of mismanagement, corruption or other wrongdoing. Due to the unpredictable consequences of whistleblowing, it is probable that many employees who witness wrongdoing do not consider blowing the whistle, because they fear the impact of such action on their relationship with their employers. Design/methodology/approach The author evaluated the whistleblowing systems in different countries. He first tackled the nature of whistleblowing in general, proceeded to analyse whistleblowing in Kuwait with mentions from other countries and finally evaluated the whistleblowing process in the UK. Findings The whistleblowing situation in the UK is clearer than that in Kuwait. Recent improvements have been made in the UK to protect whistleblowers. In the UK, the whistleblowing law under the Public Interest Disclosure Act 1998 came into force in July 1999 to protect whistleblowers. Kuwait also has had some improvements, which were seen to offer legal protection for those raising concerns about corruption under Law no. 24 of 2012. However, the author recommends that the Kuwaiti Government should give more protection to whistleblowers, and there is a need to protect the whistleblowers. Originality/value Potential whistleblowers might feel discouraged from disclosing information against their organisation, fearing a backlash against them. This is where the law and the rights of employees must be clarified. This paper will, therefore, evaluate the system of whistleblowing in the UK under the Public Interest Disclosure Act 1998 and examine this against the whistleblowing law in Kuwait under the Whistleblowing Act no. 24 of 2012.

scholarly journals ARBITRATION PRACTICE AND ITS ROLE IN THE DEVELOPMENT OF TAX LAW

2020 ◽  
pp. 14-18
Author(s):  
Галина Анатольевна Артеменко ◽  
Мария Сергеевн Ильяшенко а
Keyword(s):  
Russian Federation ◽  
Public Interest ◽  
Tax Law ◽  
Court Decisions ◽  
Judicial Practice ◽  
The Face ◽  
Key Issues ◽  
The Russian Federation ◽  
The Impact ◽  
Further Development

This article reveals the problems and procedural features of consideration of tax disputes by Arbitration courts of the Russian Federation, as well as the impact of judicial practice (precedents) on the further development of tax law. The article highlights the most important court decisions on key issues of tax law issued in 2019 and the first half of 2020. Based on the analysis of judicial practice, the article highlights the problematic aspects of justice in tax disputes, and, as a result, the impact of judicial practice on the grounds and procedure for conducting tax control. The article assesses the impact of judicial precedents on the situation of taxpayers and tax authorities, and also identifies the need to find a balance between the interests of the state in the face of tax authorities (public interest) and the interests of taxpayers (private interest). 

Investigation of crimes in the field of illegal bankruptcies based on regional statistics

2021 ◽  
pp. 169-178
Author(s):  
И.В. Азаренкова
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Scientific Article ◽  
Access To Justice ◽  
Law Enforcement Agencies ◽  
Judicial Practice ◽  
Cost Criterion ◽  
Successful Work ◽  
The Russian Federation ◽  
The Impact

Банкротные преступления остаются одними из самых сложных с точки зрения их раскрытия и расследования, а имеющаяся судебная практика полна противоречий. В научной статье рассматриваются проблемные вопросы, связанные с выявлением и предупреждением преступлений в сфере банкротства, а также особенности применения ст. 195-197 УК РФ. Автор обозначает основные несовершенства законодательства, препятствующие эффективному применению уголовно-правовых норм и успешной работе правоохранительных органов по пресечению противоправных действий в данном направлении. Размер ущерба является объективным, формально-стоимостным критерием, выступающим квалифицирующим признаком при определении конкретного уголовного состава преступления, а также является стоимостным выражением причиненного вреда [6, 43]. В соответствии со ст. 52 Конституции РФ права потерпевших от преступлений и злоупотреблений властью охраняются законом. Государство обеспечивает потерпевшим доступ к правосудию и компенсацию причиненного ущерба. Основываясь на методах научной статистики, в статье проведен анализ влияния различных социально-экономических факторов на размер материального ущерба, причиненного преступлениями в сфере незаконных банкротств. Bankruptcy crimes remain one of the most complexes in terms of their detection and investigation, and the existing judicial practice is full of contradictions. The scientific article deals with problematic issues related to the detection and prevention of crimes in the field of bankruptcy, as well as the application of articles 195-197 of the criminal code of the Russian Federation. The author identifies the main shortcomings of the legislation that prevent the effective application of criminal law norms and the successful work of law enforcement agencies to prevent illegal actions in this direction. The amount of damage is an objective, formal-cost criterion that acts as a qualifying feature in determining a specific criminal offense, and is also a cost expression of the harm caused [6, 43]. In accordance with article 52 of the Constitution of the Russian Federation, the rights of victims of crimes and abuse of power are protected by law. The state provides victims with access to justice and compensation for damages. Based on the methods of scientific statistics, the article analyzes the impact of various socio-economic factors on the amount of material damage caused by crimes in the field of illegal bankruptcies.

scholarly journals Legal Protection of Consumers that Have Funds in Illegal Cooperative Legal Entities in Indonesia Study of the Supreme Court Decision Number 3 K/Pdt.Sus-Pailit/2019

2021 ◽  
Vol 04 (08) ◽  
Author(s):  
Muamar Adil Daffa ◽  
Keyword(s):  
Public Interest ◽  
Legal Protection ◽  
Supreme Court Decision ◽  
The State ◽  
Economic Sector ◽  
Legal Entity ◽  
The Public ◽  
Great Demand ◽  
The Supreme Court ◽  
Legal Entities

This study aims to provide a way out regarding legal protection for consumers who carry out fund-keeping activities in illegal cooperative legal entities. Seeing the development of the pattern of life in society, where the current economic sector is growing rapidly, in this case the investment or deposit of funds in a particular legal entity is in great demand by the public. This interest is then used by unscrupulous cooperative bodies in carrying out their illegal business activities. The state as a regulator and protector of the public interest needs to be present in regulating the procedures for storing funds and how to protect them for the community. This then becomes interesting for the author in conducting this research. Where the cooperative legal entity carries out business activities to raise funds in the community illegally and when carrying out its business activities the cooperative legal entity fails to pay, the big question is what form of legal protection is provided by the state to consumers who have already done fundraising on illegal cooperative legal entities the. The existence of the court as the last door for consumers that can then be given by the state as a form of legal protection that can be taken.

Public space of the trustworthiness of sociological knowledge: The case of electoral research

2020 ◽  
pp. 13-22
Author(s):  
OLEKSANDR STEGNII
Keyword(s):  
Public Space ◽  
Research Process ◽  
Negative Influence ◽  
Election Campaign ◽  
Sociological Research ◽  
Good Tool ◽  
Sociological Knowledge ◽  
The Public ◽  
Approval Ratings ◽  
The Impact

The paper analyses specific features of sociological data circulation in a public space during an election campaign. The basic components of this kind of space with regard to sociological research are political actors (who put themselves up for the election), voters and agents. The latter refer to professional groups whose corporate interests are directly related to the impact on the election process. Sociologists can also be seen as agents of the electoral process when experts in the field of electoral sociology are becoming intermingled with manipulators without a proper professional background and publications in this field. In a public space where an electoral race is unfolding, empirical sociological research becomes the main form of obtaining sociological knowledge, and it is primarily conducted to measure approval ratings. Electoral research serves as an example of combining the theoretical and empirical components of sociological knowledge, as well as its professional and public dimensions. Provided that sociologists meet all the professional requirements, electoral research can be used as a good tool for evaluating the trustworthiness of results reflecting the people’s expression of will. Being producers of sociological knowledge, sociologists act in two different capacities during an election campaign: as analysts and as pollsters. Therefore, it is essential that the duties and areas of responsibility for professional sociologists should be separated from those of pollsters. Another thing that needs to be noted is the negative influence that political strategists exert on the trustworthiness of survey findings which are going to be released to the public. Using the case of approval ratings as an illustration, the author analyses the most common techniques aimed at misrepresenting and distorting sociological data in the public space. Particular attention is given to the markers that can detect bogus polling companies, systemic violations during the research process and data falsification.

TO THE QUESTION OF THE IMPACT OF CLIMATE CHANGE ON THE ECOLOGICAL STATE OF ARTIFICIAL PLANTATIONS OF PITSUNDSKAYA PINE IN THE SEASIDE AREA OF GELENDZHIK

2017 ◽  
Author(s):  
Elizaveta Derevenets ◽  
Elizaveta Derevenets
Keyword(s):  
Negative Impact ◽  
Standard Technique ◽  
Negative Influence ◽  
Exhaust Gases ◽  
The Road ◽  
Industrial Enterprises ◽  
Federal Highway ◽  
On The Road ◽  
The Impact ◽  
The City

Gelendzhik is the resort town, there aren't a lot of industrial enterprises here. The main pollutant is transport. The work purpose is the assessment of a condition of the artificial landings of a pine located along the Federal highway "Don" and landings, which is nearly the sea coast. Researches were conducted to a standard technique of the General vital state (A. S. Bogolyubov). The assessment of a condition of pines was carried out during 6 years: from 2010 to 2015. For carrying out research we used 6 experimental grounds on the Markotkhsky spine and 2 control grounds within the town. We investigated 24 trees on each platform, middle age of the trees were 30 - 40 years. Results. 1. The condition of trees in the pine forests located in immediate proximity with the Federal highway "Don" (No. 1, 2, 3) is unsatisfactory. As even weak influences of the majority of atmospheric gaseous pollutants (sulphurous gas, nitrogen oxides, etc.) give effect of a necrosis and hloroz of pine needles, the condition of pines is connected with technogenic pollution. So near the Federal highway "Don" the air environment is strongly polluted by exhaust gases. Information of 2012 confirm that negative influence of the route on Markotkh's vegetation decreases at reduction of load of the route. 2. On the sites located above on a slope (No. 4,5,6) thanks to remoteness and the wind mode intensity of influence of pollutants is lower and a condition of pines the quite satisfactory. 3. Trees on the sites located near the sea (No. 7,8) are in a good shape. Small deterioration of a state is noted in very droughty years. Conclusion. Results of six years' research show that the condition of the plantings which are in close proximity with the road worsens. It is explained by increase in intensity of the movement on the road, especially during a resort season. Gelendzhik is the city with a good ecological shape, but the damage to environment is already caused. If not to take measures, we can lose a unique part of the nature in the future, recreate it will be impossible. Measures of reduction of negative impact of exhaust gases were offered. Results of researches are transferred to ecological department of the City administration of Gelendzhik.

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