scholarly journals On Concept of “Oil” in the Russian Legal System and in the Laws of Foreign Countries

2021 ◽  
Vol 4 ◽  
pp. 90-92
Author(s):  
Vyacheslav Yu. Gusyakov ◽  

At present, the Russian gross domestic product consists mainly of revenues related to the sale of oil. At the same time, the current Russian laws has no definition of oil, while in the neighbouring countries, including Kazakhstan, Kyrgyzstan, Tajikistan and Ukraine, such a definition is present in the laws. In Russia, many attempts have been made to regulate public relations related to oil in detail, both on the federal and regional levels. However, such initiatives have always faced opposition, despite the fact that even today the legal regime of relations related to oil in Russia is not comprehensive. The author justifies the need for a legislative definition of oil and attempts to provide such a definition. The definition of oil may be particularly important when disputes arise between legal entities on different levels (whether private companies or public authorities acting on behalf of the state), since even the basic concepts may not coincide in their legal meaning in different national legal systems.

2021 ◽  
Vol 4 ◽  
pp. 29-32
Author(s):  
Vyacheslav Yu. Gusyakov ◽  

At present, the Russian gross domestic product consists mainly of revenues related to the sale of oil. At the same time, the current Russian laws has no definition of oil, while in the neighbouring countries, including Kazakhstan, Kyrgyzstan, Tajikistan and Ukraine, such a definition is present in the laws. In Russia, many attempts have been made to regulate public relations related to oil in detail, both on the federal and regional levels. However, such initiatives have always faced opposition, despite the fact that even today the legal regime of relations related to oil in Russia is not comprehensive. The author justifies the need for a legislative definition of oil and attempts to provide such a definition. The definition of oil may be particularly important when disputes arise between legal entities on different levels (whether private companies or public authorities acting on behalf of the state), since even the basic concepts may not coincide in their legal meaning in different national legal systems.


Author(s):  
D. Kondratenko

Problem setting. The article analyzes the issue of legal relations in the field of land accounting. The legal nature of public relations in this area has been clarified. The accounting of the quantity and quality of land is investigated. The author’s definition of legal relations in the field of land accounting is provided. The circle of subjects of these legal relations is outlined. Analysis of recent researches and publications. To date, in the scientific literature there is no comprehensive study of the legal regulation of legal relations in the field of land accounting. There are only developments devoted to certain issues of land law science. Target of research. The study of the legal regulation of legal relations arising in the field of land accounting, the allocation of subjects of these legal relations. Article’s main body Justification of the appropriateness of obtaining, systematizing all the resources available on the land plot, determining the size, quality status and distribution of the land fund, providing the necessary data about the land, studying the legal relations arising on this occasion. The basis of the land registration and registration system in Ukraine is the State Land Cadastre. It reflects the subjective information on land, which accumulates as a result of land accounting. Such information is necessary primarily for the implementation of state control over the use, reproduction and protection of land. Only a legally regulated and wellmaintained process of conducting accounting and registration activities in the field of land relations can become the key to the introduction and functioning of a transparent mechanism for the circulation of land in market conditions and an effective mechanism for managing them. In this aspect, it is important to note that it is necessary to distinguish land accounting in the proper sense and land rights accounting (as a broader category compared to the first). In the context of the land registration reform and the further process of improving the State Land Cadastre, it is necessary to talk about the formation of land information relations. Conclusions and prospects for the development. Land accounting relationships are public relations that arise in connection with the activities of public authorities and local governments, which are endowed with appropriate powers to take measures to obtain, systematize and analyze information on the quantity, territorial location and use of land. The subjects of these legal relationships are landowners and land users, the state, state authorities and local selfgovernments, who are vested with the respective powers.


2016 ◽  
Vol 4 (5) ◽  
pp. 0-0
Author(s):  
Елена Минина ◽  
Elena Minina

In the modern context the necessity of comprehensive protection of flora increases. Meanwhile, the Russian legislation fragmentarily regulates the use and protection of vegetation outside forest lands. The legal regime of greenery in cities and other settlements is regulated by local laws, which are not always optimal. It is necessary to draft a federal law on the plant world containing a definition of species of flora, as well as differentiation between the scope of the legislation on flora and related branches, the forest legislation, in the first place. The article analyzes other countries’ experience in dealing with these issues which will enable to develop optimal approaches to the formation of legislation in this sphere of public relations.


2018 ◽  
Vol 5 (3) ◽  
pp. 114-134 ◽  
Author(s):  
L. Berg

The author considers the essence of the establishment of legal rules as the will of the State that forms the structure of social relations. Based on an instrumental approach, the author examines the establishment of legal rules and the rules of law in their interaction with social activity, which allows subjects to “find themselves” in the legal system. Thus, the structures of public authorities, establishments and enterprises are created, their goals and order of activities are determined, as well as the competence and powers of officials, and legal statuses are secured; consequently, the participants, objects, terms of starting, changing and terminating legal relations concerning society are determined, too. Hence, the law influences the content of social relations, which is activity. In general, the results of the activities of individual and collective subjects of law reflect social relations, and social relations need legal regulation. At the same time, social relations may appear not only as activity, they may also appear in a passive form as legal statuses, social institutions. They are also regulated through legal rules, and in that case legal influence is carried out through the establishment of legal rules. It is able to predict the legal forms of subject activities through the establishment of legal rules. The author puts forward a legal definition of the establishment of legal rules as a purposeful influence on public relations, which is to regulate by means of legal rules. Distinctions of legal regulation from legal influence are established. The legal means expressing external factors in reference to the subject’s will correspond to the establishment of legal rules. However, by analyzing a list of normative acts we can conclude that legal means should be established more logically. It is necessary to consider the dialectics of relationships between purpose and means in the field of rulemaking processes, since dialectics is of a two-way determinative nature.


Author(s):  
A. B. Byla

This article is devoted to the consideration of issues related to the legal regulation of cryptocurrencies in the Russian Federation and some foreign countries. In the course of the study, the features of cryptocurrencies were highlighted, various approaches to the definition of this category were considered, some aspects of the legal regulation of digital currencies were analyzed. It has been determined that the rules of financial law regulate a whole range of public relations related to the use of cryptocurrencies and the complex regulation of this institution is necessary. The author came to the conclusion that it is necessary to use digital technologies and digital currencies in the Russian economy in the future. At the same time, this is a complex and not an instantaneous process of transition to digital currencies; a clearly thought-out strategy for the development of legislation in this area is necessary.


Author(s):  
Svitlana H. Serohina ◽  
Iryna I. Bodrova ◽  
Maryna O. Petryshyna

The present study investigates the problems of development and implementation of municipal policy in Ukraine. It was found that the essence of municipal policy of Ukraine, given the ongoing decentralisation reform, is that it is a relatively stable, organised, purposeful activity of public authorities and local governments, which aims to build a capable local government, adequate to the needs and interests of territorial communities. The study describes the elemental composition of municipal policy. The authors of this study established that its elemental composition includes: the concept of system-structural and organisational-functional organisation and activities of local authorities at different levels of administrative-territorial organisation; a coordinated system of regulations that govern the organisation and activity of local bodies of state executive power and local self-government, establish the scope and limits of their competence, determine the features of interaction and the procedure for resolving disputes between them; regulatory basis of resource provision of local self-government; legislative definition of a body or official in the structure of state executive bodies, which represents the interests of the state in the corresponding territory, has the right to exercise control powers, and constitutes a link between the territorial community, local governments and the system of state executive bodies; formally defined decision-making algorithm on issues relating to local self-government; system of monitoring the national municipal policy. The authors also identified the main blocks of issues under study, which require further use of a comprehensive scientific approach to their legislative solution


2021 ◽  
Vol 10 (47) ◽  
pp. 54-61
Author(s):  
Maryna Spivak ◽  
Maksym Pluhatyr ◽  
Larysa Kochubei ◽  
Anastasiia Nekriach ◽  
Svitlana Matchuk

The aim of the article is to consider the issues of public administration of the election process in situation of pandemic, the peculiarities of the implementation of election legislation and the problems of elections in Ukraine and abroad with the introduction of quarantine restrictions. The subject of the study is the peculiarities of holding elections in situation of pandemic. Research methodology. The set of general scientific and special methods is used to achieve the objectives of the research: systemic, dialectical, systemic and structural, legal and dogmatic, comparative, predictive methods. Research results. It has been noted that in many countries the question of postponing the dates of elections and referendums, which had been set in advance, was raised because of the Covid-19 pandemic. Practical meaning. The analysis of the experience of foreign countries in postponing the voting dates of elections and referendums has shown that such measures had been taken because of the introduction of the state of emergency as the special legal regime for public authorities and administration throughout the State or in individual administrative-territorial units, which entailed substantial restriction of citizens’ rights and freedoms in the area of electoral matters. Value / originality. The need for further research of alternative voting methods, such as direct visits to the polling station, such as remote voting, voting by mail, early voting, mobile voting, electronic voting, voting by proxy and others has been substantiated.


Author(s):  
Volodymyr Kuleshov ◽  

In today's world, one of the indicators of the level of development of democracy is the level of organization and exercise of public control over public authorities. It should be noted that in Ukraine there is no special law, which establishes the law and determines the mechanism of exercising civil control over the activities of representative authorities, which significantly complicates the procedure for its implementation. Scholars consider the legal basis of public control in the context of legislative and regulatory acts, pointing out their imperfection and expediency of making changes. At the same time, there is no definition of public control in legal documents, and accordingly, the methodology of public control is not defined and therefore there are no methods of its implementation. In scientific and applied publications on the organization of public control of representative authorities in the context of decentralization, it is considered as a component of public participation. The aim of the article: to generalize and systematize foreign scientific and applied research on effective procedures for public control of representative authorities in comparison with the domestic practice. The object of research: implementation of the procedure for public control of representative authorities in foreign countries and in Ukraine. The research methodology: review of foreign and Ukrainian literary sources on the implementation of the procedure for public control of representative authorities in the world and in Ukrainian practice. The obtained results: an analysis of the procedures for public control of representative bodies of power in the countries of the world demonstrates the diversity of approaches to its implementation; forms of public control are enshrined in legal norms and are reflected in the legislation in the form of governmental documents, programs, strategies, standards, or are effectively used without governmental support through e-platforms, panels, etc. As for the Ukrainian scientists, there is no established opinion about the procedures for public control: some identify them with forms of control, others - with the conditions of its effectiveness, some authors place components (stages) of the control process (observation, evaluation, analysis, forecasting) as its methods. The practical significance: adoption of a special law will enable to define general principles of the procedure for public control of representative authorities, and a clear definition will make it possible to determine the nature and set of forms and methods for its implementation.


2005 ◽  
Vol 10 (18-19) ◽  
pp. 163-175 ◽  
Author(s):  
David Solano ◽  

Corporate Social Responsibility has caught the attention of the business community worldwide because consumer and capital markets now champion or punish a company for its relationship with its environment. But this approach is still new and has several defects: it’s reactive, excessively focused on mass media, it’s not specialized, it confuses Public Relations with Social Responsibility, etc. This shows not only little knowledge of the basic concepts but also of the main reason underlying any Social Responsibility process: a sustainable improvement in the relationship with the population as a foundation for sustainable development. In order to achieve this it is necessary to have clear objectives, an clear definition of the target audience, and well designed action plans. Only then will we be able to assess the success or failure of our intervention.


Author(s):  
S. Makarov

This article examines the problems of classification and establishment of administrative and legal regimes for the protection of various historical and cultural territories provided for by the legislation on the state protection of cultural heritage objects. As a result of the analysis of international legal acts, it is concluded that some provisions of the Russian legislation do not fully comply with international rules. The problem of legal regulation in terms of such territorial (planar) objects of cultural heritage as works of landscape architecture and landscape gardening is highlighted. Examples of a number of foreign countries with significant experience in establishing historical zones and cultural landscape protection are given. The indicated experience makes it possible to identify the redundancy of some provisions of the Russian legislation relating to historical settlements and historical and cultural reserves. The article offers the author's definition of historical and cultural territories, and also puts forward a number of proposals to change Federal legislation, in particular, to adjust the concept of a landmark and its types of objects, the legal regime of a landmark, to make changes to the legislation on museums- reserves, as well as to abolish the rules relating to historical and cultural reserves. The paper identifies promising areas for further research on this topic and ways to improve legislation on the protection of cultural heritage.


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