scholarly journals Street-Art as a Work of Fine Art

2021 ◽  
Vol 2 ◽  
pp. 28-32
Author(s):  
T.T. Aliev ◽  
Keyword(s):  
System Analysis ◽  
Social Acceptance ◽  
Modern Society ◽  
Legal Regulation ◽  
Street Art ◽  
Legal Norms ◽  
Art Form ◽  
Deductive Method ◽  
Bona Fide ◽  
Legitimate Interests

Purpose. Street art has exploded: it pervades our back alleys, surrounds us at bus-stops, covers billboards, competes with advertising and generally serves as urban wallpaper in most cities. But what is street art? A far cry from mere graffiti, street art has gained some social acceptance, but it remains neither officially sanctioned like public art, nor institutionally condoned, like its more traditional artistic cousins in museums. Somewhere in between these two extremes, street art has emerged, occupying a metaphysically suspect grey area between illegal activity and bona fide art. This paper explores the nature of this emerging art form. Methods. The basis of the presented research was the following methods: analysis, synthesis, system analysis, deductive method and the method of comparative law. Results. Street art in modern society is a fairly popular type of activity, but there is no legal regulation of this area directly. The question is raised about the need to improve the methods of protecting the rights of authors to modern works of art and, in particular, to street art. There is a need for regulatory legal regulation in the field of copyright protection in the field of street art. It is proposed to clarify the existing legal norms in the field of intellectual property law, and in particular in the category of copyright, or to fill in the gaps by using the general principles of civil law. The problems of the implementation of copyright on the works of street art are studied, a distinction is made between legal and illegal works of street art. Discussion. The issue of creating separate regulations governing street art is quite controversial today. Taking into account the popularization of this area every day more and more, this problem is becoming more acute, it is necessary to understand how street art figures protect their violated rights and legitimate interests

scholarly journals Determination of the criteria of destructiveness in the activities of new religious movements (theoretical and legal aspect)

2021 ◽  
Vol 26 (4) ◽  
pp. 209-215
Author(s):  
Vera B. Romanovskaya ◽  
Bika A. Immayeva
Keyword(s):  
Legal Aspect ◽  
Social Activity ◽  
Modern Society ◽  
Legal Regulation ◽  
The State ◽  
Religious Associations ◽  
Legitimate Interests ◽  
Conducting Research ◽  
The One ◽  
Health Rights

The confessional composition of modern society is characterised by great diversity. In addition to traditional religious organisations, new (non-traditional) religious and socio-spiritual movements operate in it, representing a whole spectrum of religious, quasi-religious and pseudo-religious cults, whose teachings and practices can be both destructive and constructive. In carrying out legal regulation of the activities of religious associations, the state must, on the one hand, ensure the freedom of conscience and religion guaranteed by the Constitution, and on the other hand, protect society from destructive cults that can harm morality, health, rights and legitimate interests of citizens, the constitutional order and security of the state. Therefore, one of the most important tasks of modern social sciences, including legal ones, is the study of the spiritual «temperature» of society; conducting research aimed at identifying the causes of negative and positive processes occurring in the spiritual sphere of society, as well as determining the specifics of non-traditional religiosity as a special form of social activity. Based on the analysis and interpretation of rich empirical material, the authors formulated a list of criteria by which one can separate destructive (totalitarian) sects from new religious or intellectual (spiritual) movements of a positive nature. The proposed list of criteria can be used by law-making and law enforcement bodies in the framework of improving the legal regulation of the activities of religious associations and building state-confessional policy in general.

scholarly journals The concept and structure of administrative-legal support of the state defense

2018 ◽  
pp. 20-29
Author(s):  
Volodymyr Pashynskyi
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Social Relations ◽  
Necessary Conditions ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
Legal Norms ◽  
Legitimate Interests ◽  
State Defense

The article deals with modern scientific approaches to the definition and understanding of the structure of administrative-legal support for state defense. The elements of the structure of the administrative-legal support of the state defense are explored. Under the administrative-legal support of the state should be understood as regulated by administrative-legal norms, the systemic activity of the subjects of defense, in the first place, the activities of the subjects of public administration, with regard to the administrative- legal regulation, implementation, protection of social relations in the sphere of defense, guaranteeing the rights and legitimate interests of all subjects of legal relations, aimed at creating the necessary conditions for the defense of the state in the event of armed aggression. At the same time, the structure of the administrative-legal support for the defense of the state will consist of the following elements: 1) the object of administrative-legal support of the state defense – social relations in the field of defense that penetrate practically all spheres of public life; 2) subjects of administrative-legal support for state defense – subjects of administrative legal relations are endowed with rights and duties in the field of defense; 3) norms of law (norms of administrative law) – administrative-legal norms which regulate public relations in the field of state defense; 4) administrative-legal relations in the field of state defense – legal relationships settled by administrative and legal regulations that arise, develop, and cease between the subjects of defense in the process of exercising powers in the field of state defense; 5) guarantees of administrative-legal support of state defense – conditions, means, methods, forms and methods by which the implementation of public relations in the field of state defense is provided. The administrative-legal support of the state defense will be carried out by authorized security entity within the limits of authority and administrative and legal means determined by the norms of administrative law.

Using Platforms and Platform Law to Overcome Risks Caused by Digitalization Processes

2020 ◽  
Vol 26 (9) ◽  
pp. 969-974
Author(s):  
A. V. Altoukhov ◽  
S. Yu. Kashkin ◽  
M. V. Kuz’mina
Keyword(s):  
Public Relations ◽  
Information Technologies ◽  
Legal Regulation ◽  
Digital Platforms ◽  
Legal Norms ◽  
Technological Unit ◽  
Legal Risks ◽  
Analytical Work ◽  
Other Information ◽  
Legitimate Interests

Fundamental changes within a country and at the global level can have contradictory consequences for society. The more areas are affected by changes and the deeper these changes are, the more significant the necessary innovations can be. Considering the scale of digitalization and application of artificial intelligence technologies based on it, it can be concluded that we are dealing with an unprecedented phenomenon that needs to be thoroughly assessed by different experts.Aim. The presented study aims to assess risks associated with the implementation of platform solutions without appropriate legislative initiatives, which, in turn, should facilitate the creation of the platform law institution. Today, legal science assesses risks associated with the legislative regulation of processes and creates conditions for safe and productive interaction with new mechanisms.Tasks. The authors examine current legislation to create conditions for protecting the rights and legitimate interests of legal entities in their interaction with cutting-edge digital solutions and for analyzing the possibility of full-scale application of digital platforms on this basis; estimate the legal risks of applying digital innovations under current conditions.Results. Analytical work has shown that platform solutions are a new technological unit that cannot be fully regulated by existing legal norms due to its technological features. The lack of personalized legal regulation of platforms not only infringes the rights of citizens providing various public and other services using digital technologies, but also creates conditions for the aggravation of the crime situation and the development of new types of crime.Conclusions. The main risks of mass digitalization are considered. The technological features of innovations make it necessary to develop a branch of law that would regulate public relations during interaction with platform solutions and other information technologies. The authors propose a new complex mechanism of legal regulation — platform law, which will make using platforms completely safe and efficient in all sectors of society.

Human rights violations by war crimes: Theory and practice

2021 ◽  
Vol 28 (4) ◽  
pp. 270-278
Author(s):  
Volodymyr P. Pylypenko ◽  
Khrystyna T. Sliusarchuk ◽  
Pavlo B. Pylypyshyn ◽  
Svitlana V. Boichenko
Keyword(s):  
Human Rights ◽  
International Law ◽  
Modern Society ◽  
War Crimes ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Human Rights Violations ◽  
Legitimate Interests ◽  
Legislative Amendments ◽  
Comprehensive Study

This paper provides a comprehensive study of theoretical and practical issues of violation of human rights by war crimes, protection of legitimate interests of individuals in national and international law as a result of such violation. The purpose of this study is a comprehensive analysis of theoretical and applied issues related to the protection of violated rights and legitimate interests of individuals in public international law as a result of the commission of war crimes, and the formulation of scientifically sound proposals for improving the current legislation of Ukraine and the practice of its application in this area. The paper analyses the current scientific opinions and legislation on the regulation of illegal acts and liability for damage caused to victims as a result of violation of human rights and fundamental freedoms by war crimes. Furthermore, the existing forms, methods, and means of protecting the rights and legitimate interests of such persons in Ukraine and in the international arena were determined. The paper also provides a comprehensive study of the existing concept, legal nature and main features of war crimes and their legal regulation in Ukrainian legislation. Legislative amendments to the regulations governing this issue are proposed and the study justifies the position regarding the existence of an exclusively judicial procedure for resolving issues of human rights violations by war crimes, the result of which should be the adoption of a court decision. As a result of the study, the current scientific statements and achievements are clearly identified, as well as those that have emerged due to the constant development of public relations and substantial changes in international relations of various states, which causes armed conflicts and war crimes. One of the achievements of the scientific study is the proof of the importance of the problem of violated human rights in modern society and the extreme need for its research. After all, modern legislation requires substantial changes and improvement of the existing provisions with the subsequent possibility of their practical application

scholarly journals Statutory and Regulatory Features of the Digital Economy Implementation in Russia

Legal Concept ◽  
2019 ◽  
pp. 12-17
Author(s):  
Gennadiy Egorov ◽  
Irina Oreshkina
Keyword(s):  
Information Technologies ◽  
System Analysis ◽  
Modern Society ◽  
Legal Regulation ◽  
Digital Economy ◽  
Digital Systems ◽  
Entrepreneurial Activity ◽  
Federal Programs ◽  
Public Interests ◽  
Rule Making

Introduction: modern society involves the creation of legal mechanisms aimed at the introduction of digital systems in all legally significant public interests. At the same time, modern federal programs and strategy for the development of the information society in Russia are the basic elements of the country’s economic development. The aim of the study is to identify the main legal components of the modern digital economy of the Russian Federation. Using the methods of scientific knowledge, especially the method of system analysis, it is found that the complexity of the problem involves the use of both law-making and law-realization “vision” of the main directions and forms of the legal adaptation of the digital systems of the modern economy support. Results: the noted shortcomings in the rule-making development are identified on the basis of the analysis of the data from the electronic banks, which allowed justifying the need for the legal regulation of digital relations in terms of improving the rules of law and the law enforcement practice in the country and proposing a number of measures to eliminate them. Conclusions: it is necessary 1) to create the normative conditions of the digital rights adaptation for the subjects of entrepreneurial activity; 2) to introduce a uniform approach to the concept of digital relations; 3) to justify the most significant advantages of the introduction of digital relations and information technologies covering the whole society.

scholarly journals DEVELOPMENT OF ADMINISTRATIVE AND LEGAL REGULATION OF URBAN PLANNING ACTIVITY IN THE CONDITIONS OF ECONOMIC CRISIS AND EUROPEAN INTEGRATION DESIRE

2020 ◽  
Vol 6 (3) ◽  
pp. 36-40
Author(s):  
Viktor Leschynsky
Keyword(s):  
Urban Planning ◽  
Practical Importance ◽  
Legal Regulation ◽  
Living Environment ◽  
Legal Norms ◽  
Leading Role ◽  
Stage Of Development ◽  
Legal Method ◽  
Close Relationship ◽  
Legitimate Interests

The irreversibility of the European course of Ukraine, enshrined in the fifth paragraph of the preamble of the Constitution of Ukraine, determines the direction and methods of implementation in all spheres of society and the state, everyone’s awareness of the leading role of guarantees of rights, freedoms, legitimate interests of each person, acquisition of power ex officio. The current legislation, endowing a person with power, not only provides the scope of rights, respectively, the functions performed, but also imposes additional responsibilities, the proper implementation of which is one of the guarantees of the legitimacy of state power. This fully applies to the implementation of permitting activities in the field of urban planning, which aims to create conditions for the formation and maintenance of a full living environment, including ensuring the preservation of cultural heritage and infrastructure necessary for the existence of the living environment. Methodology. The use of cognitive general scientific and special methods allowed to achieve the goal of this publication. Thus, the study of the historical development of administrative and legal regulation of urban planning allowed to determine the close relationship between the areas, in which such construction was carried out, and the development of legal norms for it (both administrative and legal, and technical). Comparative legal method, analysis, synthesis allowed to identify prospects for administrative and legal regulation of urban planning. The practical importance. Improving the administrative and legal regulation of urban planning activities takes into account not only specific law enforcement problems, but also general social (including economic, social, etc.) processes; systematization of construction legislation and its proper application. A feature of the current stage of development of administrative and legal regulation in this area is the focus on the best foreign experience, which gives initial importance to human rights and freedoms as factors of legal regulation in this area.

scholarly journals GAPS IN THE CONTRACT FOR PAID MEDICAL SERVICES

2021 ◽  
Vol 37 (1) ◽  
pp. 80-83
Author(s):  
A.M. Shakhaeva ◽  
◽  
D.A. Verdieva ◽  
Keyword(s):  
Health Care ◽  
Medical Care ◽  
Modern Society ◽  
Legal Regulation ◽  
Medical Services ◽  
Social Significance ◽  
Legal Norms ◽  
Specialized Care ◽  
The Right

The relevance of the research topic is determined by the importance of medicine for modern society. The right of a citizen to timely medical care is enshrined in the Constitution of the Russian Federation and is one of the most important social obligations of the state. The need for legal regulation of this sphere arises from the variety of types of medical care and the variety of medical services. Taking into account that medicine affects the health of citizens and if the quality of services is inadequate, it can lead to significant harm to the patient, up to death, the legal basis for providing medical services should be elaborated in detail and avoid double interpretation of various legal norms. With the introduction of market principles in Russia, a new sphere of providing medical services to the population – paid. This allowed us to solve a number of problems related to improving the quality of medical services, their availability in terms of receiving highly specialized care, and reducing the burden on the insurance medicine system. At the same time, the need for a detailed legal justification for the provision of such services has become obvious, and, first of all, the issues of the contract for paid medical services, as the main form of business relations, enshrined in civil law. It is necessary to pay attention to the fact that in modern Russian legislation there is a certain discrepancy between the social significance of the health care industry, as well as the constitutional status of the right to health protection and an unreasonably low level of theoretical justification for the branch legal regime in this area of health care. Therefore, it is necessary to further modernize certain provisions of medical law that regulate various aspects of the provision of medical services. This includes issues related to the contract for paid medical services.

scholarly journals Digital profile: the concept, regulatory mechanisms and enforcement problems

2022 ◽  
Vol 5 (4) ◽  
pp. 5-19
Author(s):  
E. V. Vinogradova ◽  
T. A. Polyakova ◽  
A. V. Minbaleev
Keyword(s):  
System Analysis ◽  
Comparative Method ◽  
State Level ◽  
Legal Regulation ◽  
Public Authorities ◽  
Legal Norms ◽  
Legal Nature ◽  
Other Information ◽  
State And Local ◽  
Legal Entities

The subject of the research is the legal nature of the digital profile of a citizen, as well as a set of legal norms regulating digital profiling relations in Russia.The comparative method, the method of system analysis, as well as the method of legal modeling are used in the article.The purpose of the article is to confirm or disprove the hypothesis that legal regulation is not the only mechanism for regulating relations in the field of digital profiling.The main results, scope of application. The article studies the phenomenon of digital profile, the main approaches to the digital profiling as well as the circumstances that have caused the state's interest in digital profiling. The creation and operation of a digital profile should be aimed at achieving the goal set out in the legislation. The digital profile is a set of relevant, reliable information about individuals and legal entities formed in the unified identification and authentication system or other information systems of state and local government authorities. The formation of a digital profile is carried out in order to provide data to authorities, legal entities and persons who have requested access to this information through the digital profile infrastructure. The analysis of the Russian legal regulation of relations in the field of digital profiling is presented, the problems of enforcement practice are identified. The analysis revealed the main differences between the digital profile and related categories, including social scoring, the unified population register and others. The comparison of a digital profile with a digital avatar and a digital character was carried out. It is extremely important to pay close attention to the problems of digital profiling both at the level of fundamental and applied scientific research. At the state level, it is important to strategically determine what a digital profile is, as well as formulate the main directions of the digital profiling development, challenges and risks. The importance of the development of digital profiling for unified system of public authorities in the Russian Federation is outlined.Conclusions. The analysis of the emerging practice of digital profiling in contemporary society shows that legal regulation does not always allow us to keep up with the rapidly developing relations in this area. The possibility of using other mechanisms should be considered. The use of mechanisms of regulatory experiments can also be considered as special mechanisms for regulating relations in the field of digital profiling. The goal of the research has been achieved, the legal nature of the digital profile has been revealed, approaches to regulating this phenomenon in the conditions of digital transformation have been proposed.

scholarly journals FUNCTIONS OF MEASURES OF ENSURING A CLAIM IN ADMINISTRATIVE PROCEEDINGS

2021 ◽  
Vol 13 (3) ◽  
pp. 35-40
Author(s):  
Taras Tur ◽  
Keyword(s):  
System Analysis ◽  
Special Functions ◽  
Regulatory Control ◽  
Legal Norms ◽  
Administrative Procedure ◽  
The Supreme Court ◽  
Legitimate Interests ◽  
Administrative Proceedings ◽  
Judicial Protection

The functions of measures to ensure a claim in administrative proceedings are considered. Using the methodology of system analysis of legal phenomena, approaches to understanding the category of legal science "functions of ensuring an administrative claim" in the context of the implementation of guarantees for the protection of rights, freedoms and legitimate interests in administrative proceedings are described. At the general theoretical and methodological levels, the general and special functions of ensuring an administrative claim in the context of the Code of Administrative Procedure of Ukraine and the legal positions of the Supreme Court of Ukraine are distinguished and characterized. The general functions include system formation, information-oriented, security, goal setting, motivational, epistemological, educational, social control ones. The special functions of measures of ensuring the claim include such functions as guaranteeing judicial protection; ensuring compliance with the requirements of the administrative plaintiff; prevention of damage; restrictive; promoting effective judicial regulatory control; regulatory; compensatory; law enforcement; suspension of activity or action. The effectiveness of the legal norms regulating measures to ensure an administrative claim depends on the effectiveness and quality of the content. The criteria for the effectiveness and quality of the functions of ensuring an administrative claim include: validity, correctness, optimality, normativeness, mandatory nature, completeness, specificity. The study of the nature and process of implementation of the functions of measures to ensure a claim in the administrative proceedings allows to reveal in more detail their systemic and dynamic, structural qualities, role and place among other means of influence in resolving administrative disputes.

scholarly journals PROBLEMAL ISSUES ON THE APPOINTMENT AND CONDUCT OF FORENSIC EXAMINATION in COMMERCIAL LITIGATION

2019 ◽  
Vol 20 (2) ◽  
pp. 190-206
Author(s):  
I. Popovich ◽  
A. Sviderskyi
Keyword(s):  
Forensic Science ◽  
Legal Status ◽  
Modern Society ◽  
State Institution ◽  
Legal Regulation ◽  
Scientific Development ◽  
Forensic Examination ◽  
Legitimate Interests ◽  
Legal Mechanism ◽  
Use Of Knowledge

One of the main conditions for the construction and functioning of the rule of law is the legal regulation of all spheres of human activity, the creation of a reliable effective legal mechanism of state protection of all natural and acquired human rights, in accordance with their legal status. The rapid growth of the needs of modern society in the use of knowledge from various fields of science, technology, art, crafts does not go around such a public sphere as the sphere of legal proceedings, and understanding the importance of special knowledge to establish the truth in economic affairs gives reason to consider forensic science as an independent institution for protecting rights and the legitimate interests of citizens, legal entities and the interests of the state as a whole. In any branch of law, there are branch institutes. In those cases when a particular institution combines the norms of two or more branches of law, it is considered intersectoral. A separate legal institution is a set of rules governing a certain group of legal relations, which are personified by virtue of their specificity. The integration of the achievements of various sciences into the practice of proof is a natural and traditionally studied phenomenon for economic proceedings. But the constant development of all social processes and relations determines the dynamic processes in the sphere of their legal regulation, which are reflected in the changes in the relevant regulatory legal acts. Due to the intensification of legislative activity in Ukraine, which has been manifested in recent years, there is not only inconsistency of the provisions of certain legal acts among themselves, but also contradictions to constitutional principles, and in some cases, to the laws of scientific development of certain branches of knowledge. Unfortunately, such processes are also characteristic of such an important state institution as justice and its individual institutions, in particular, forensic science. In connection with the above, there is a need to analyze the problematic issues of the appointment and conduct of forensic examination in economic proceedings.

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