scholarly journals Społeczna systemowość regulacji praw obywatelskich w ujęciu porównawczym Unii Europejskiej oraz Chińskiej Republiki Ludowej

2020 ◽  
Vol 28 ◽  
pp. 118-132
Author(s):  
Alan Żukowski

The main aim of this paper is to analyse the proposal for a systemic approach to civil rights regulations conducted by legal instruments (Planning Outline for the Construction of an SCS and GDPR) and legal systems (PRC and EU). There is no common dimension of the concept of regulation. As a result, it is divided into three contexts of regulatory policy interpretation: procedural regulation, self-regulation, and meta-regulation. The socio-political aspects of regulations are based on the text of legal acts which, in the context of regulatory norms, are both politically motivated and the assumption behind political interpretation. The effect of regulation is a project of a model of society (a harmonious socialist society and an information society).

Author(s):  
Leena Ajit Kaushal

Peer to Peer sharing economy has tremendous potential for decentralized innovation and new ventures in a developing country like India but apart from self regulation there is need for a new regulatory framework to realise its full potential. The regulatory policy should concurrently enhance the key efficiencies of sharing platforms along with protecting consumers' rights. Government should aim to secure the opportunities offered by these sharing platforms to optimise their operations and better utilisation of public resources. Thoughtful regulatory intervention can serve to encourage the development of new ideas and new ventures in the sharing economy.


Author(s):  
Rogers Catherine A

This chapter discusses concerns regarding ethical differences in international arbitration. Traditionally, transnational disputes have been addressed via the attorneys' native legal systems; however, in an increasingly expanding field, there occur contentions of intelligibility within international arbitration. Such issues highlight the need for international standards, although naysayers have pointed out that overcoming cultural and ethical differences in coming to a consensus on an ethical issue are moot. Fortunately, there have been no significant ethical controversies to date, however, which cannot be taken for granted. Furthermore, certain efforts have been undergone in order to provide a baseline from which a standardized form of arbitration can grow, most notably the guidelines initiated by the International Bar Association (IBA), among others. To maintain its independence, legitimacy, and effectiveness, international arbitration needs to develop meaningful self-regulation of attorney ethics.


2020 ◽  
Vol 9 (3) ◽  
pp. 844
Author(s):  
Svitlana IASECHKO ◽  
Viacheslav PUZYRNYI ◽  
Natalia PUZУRNA ◽  
Nataliia KOSTIUK ◽  
Iryna BAKHNOVSKA ◽  
...  

The main aspects of the impact of patents on technological and social development have been highlighted, and it has been suggested to adapt a powerful world experience in this field. The key aspects of the innovation process and the protection of the results of scientific and technical action with the help of patents, and the peculiarities of the occurrence of subjective civil rights are considered. The authors of the paper analyze the current legislative provisions and determine the direction of its development in the context of globalization. The article explores the theoretical construct of these relations and provides an analysis of civil legislation as applied to industry standards of economic legislation. The practical significance of the study is determined by the fact that the application of the developed provisions will facilitate the harmonization of national legislations in the formation of legal systems. The aim of the article is to supplement and clarify the ideas about patent and of subjective civil rights. The factors that influenced the development of the doctrine civil rights have been considered, in particular, taking into account the experience of European countries.


2020 ◽  
pp. 34-38
Author(s):  
T.A. Kobzeva ◽  
I.O. Kulish

In the modern world, the mechanisms of self-regulation become especially important, when the subjects of public relations have the opportunity to independently establish rules of conduct and monitor their observance. The growth of activity and responsibility of participants in civil turnover allows the state to delegate part of its powers in certain areas to civil society institutions. Reconciliation of the parties is one such institution. Today in Ukraine, court proceedings and other jurisdictional mechanisms for reviewing and resolving disputes are the main ways to protect violated rights, freedoms and legitimate interests. However, there is no denying that in today's conditions of formation and dynamic development of civil society, they are often not effective enough. Participants in disputed legal relations are becoming increasingly interested in selfsettlement of disputes arising between them. One of the alternative methods of conflict resolution is mediation. Mediation, as an effective method of pre-trial settlement of disputes, is recognized by the European Community, which recommends its introduction as the main method of alternative dispute resolution at the pre-trial stage and during court proceedings. Mediation procedure, as an effective method of pre-trial settlement of disputes, is relevant for almost all types of legal relations, but unfortunately is not always used, due to the fact that for a long time there was no relevant legislation that could clearly and effectively to settle relations in the field of mediation. On July 15, 2020, the draft Law on Mediation was adopted in the first reading. will provide an opportunity to unload the judiciary and provide a mechanism for the implementation of protection of fundamental human and civil rights and freedoms in our country, as in a modern European state. The scientific work determines the correct use of the mediation procedure and its implementation to today's Ukrainian realities.


Author(s):  
Marina Haustova

Problem setting. The current stage of world development is characterized by the deepening of the processes of integration of political, economic, cultural life of the world. The term “globalization” has come into wide use as a characteristic of the formation of a single planetary society. Target of research is to highlight the main provisions of the dynamic system of knowledge about the information society, the legal policy of the country as a tool for legal development of modern society. Analysis of resent researches and publications. The issue of correlation between legal policy and legal culture has been analysed by V.D. Zorkin, A.V. Malko, V.A. Zatonsky, I.V. Yakovyuk and others. Articles main body. The article states that the implementation of effective legal policy at the present stage of development of Ukrainian society is one of the defining conditions for its further democratic reform, strengthening the rule of law, information society, digital competitive market economy, ensuring human and civil rights and freedoms. It is emphasized that the social dimension of globalization is studied in terms of the possibility of building a global civil society with common values and ideological attitudes, a high level of social mobility, the emergence of global culture and the globalization of public consciousness. The concept of digital society and its principles are analyzed. It is determined that legal policy is a reflection of the fact that the law itself should act as a way of building, arranging the modern world. The connection between legal policy and legal culture is emphasized Conclusions.and prospects for the development. It is concluded that legal policy, which is based on the legal culture of society and the individual, is an effective means of organization, a way of organizing the legal life of society. It is the state that must take on the roles of leader and experimenter, regulator and defender and promoter of digital transformations in Ukraine.


2020 ◽  
Vol 6 (3) ◽  
pp. 28-31
Author(s):  
V. E. Volkov

The article deals with the implementation of principles of democratic organization of society and state in the context of development of information relations. The author draws attention to the need to improve the level of protection of fundamental human and civil rights and freedoms in the face of the growing imbalance in the legal possibilities of major technological companies and citizens. The digitization of economy makes it necessary to create additional legal guarantees for the realization of constitutional human rights and to place on the strong side of contractual relations the obligations arising from its public function.


2017 ◽  
Vol 8 (1) ◽  
pp. 96-104 ◽  
Author(s):  
Paul N. Onulaka ◽  
Martin Samy

Abstract This study examined the influence of self-regulation of auditing profession on audit expectation gap (AEG) in Nigeria with particular reference to respective perceptions of audit partners and pension fund administrators. The motivation for embarking on this exploratory research is born out of many years concern over the speedy erosion of confidence in the auditing profession after the collapse of many blue chip companies in Nigeria to which the external auditors were given ‘clean bill of health’ shortly before their demise. The theoretical framework adopted for this study was role theory propagated by Porter in her earlier study. This study also adopts the interpretivist or post-positivist epistemological approach. As exploratory study, semi-structured face-to-interview method was used for data collection. After the transcription of the recorded tape, a thematic data analysis method was used to analyse the data. The outcome of the study indicates that self-regulatory policy influenced the auditing standard setting. It was also found that some outdated provisions in the Nigerian company Act on appointment, remuneration and removal of external auditors contributed largely to audit expectation gap in Nigeria. This research responds to the need for a government intervention on auditing standard setting and establishment of transparently independent oversight body for auditing standard setting distinct from the present Financial Reporting Council that adopt auditing standards produced by the Institute of Chartered Accountants of Nigeria.


2019 ◽  
Vol 7 (4) ◽  
pp. 28-34
Author(s):  
Є. Є. Бородін

The article analyzes the organizational and legal grounds for using the procedure of mediation in the system of public administration in Ukraine. The author examines the evolution of the legal and regulatory framework for the implementation of the mediation institute. According to the author, the priority direction of the development of mediation is its application as an independent form of public litigation settlement, which exists along with other ways of protecting civil rights. In this case, we are talking about mediation as an integral part of a unified system of regulation and resolution of legal disputes by public administration.  The purpose of the article is to study the organizational and legal grounds for the introduction of mediation in the system of public administration. The author analyzes the foreign experience of the organization and regulation of private mediation and highlights the following models: a "market" approach where mediation is considered as a service provided by individuals and organizations mainly on a commercial basis; public-law approach, when mediation is considered as one of the types of professional activity, to a certain extent controlled by the state; self-regulation approach, when mediation is also considered as one of the types of professional activity, but the establishment and monitoring of standards is carried out by the professional community of mediators. It is concluded that self-regulation is the most rational approach to organizing a mediation institution that responds both to public and public interests. Thus, the objectives of regulatory regulation should be limited to the recognition of mediation as an independent way of resolving legal disputes, the creation of legal conditions and the establishment of certain benchmarks for the further development and improvement of this institution.


IDEA JOURNAL ◽  
2020 ◽  
Vol 17 (02) ◽  
pp. 87-104
Author(s):  
Prue Stevenson

‘Stim Your Heart Out’ is a set of concepts and beliefs that advocate the benefits of the autistic culture of ‘stimming’, a repetitive physical action that provides enjoyment, comfort and contributes towards self-regulation of emotions. Facilitating the exploration of contemporary movement in the context of stimming and self-regulation, workshops generated a series of movement scores, culminating in a patented choreographic system of stimming performances documented at the www.stimyourheartout.com website and associated film. ‘Syndrome Rebel’ utilises this new choreographic system, where a performative movement score was created. A new stimming symbology/language was then developed and embroidered around the edge of a circular blanket, to record the movement score in this new symbology. The artist then interacted with these symbols within a live integrated movement score stimming performance. Continuing the conversations of Civil Rights and Feminism, the work uses textiles, language and performance to challenge the use of deficit language by the medical academic fraternity, and to protest against social behavioural norms, and the stigma that medical and educational practitioners and society associate with autistic behaviours, due to their medicalised perspective of ‘cure.’ These works advocate for autistic people to be able to celebrate and practise their autistic culture, while sharing the self-awareness of our sensory perception and neuroperspective with the rest of society. The project and performance address the prevalence of mental health conditions among autistic people, raise the discussion of art as a process of social cognition, and speak to the gap between descriptions of embodied cognition and the co-construction of lived experience. ‘Stim Your Heart Out’ project and ‘Syndrome Rebel’ performance make connections across my lived-experience and research practices within the arts and sciences.


2013 ◽  
Vol 36 (2) ◽  
pp. 193-214
Author(s):  
Rafał Galuba

On the XX turning point and the 21st century with important process occurring in the sphere of functioning of the civil service, including the state archival service, there is a transformation to the global information society, of which providing the free flow for information is a base in an electronic form. The development of electronic administration and becoming widespread are standing the on-line documentation new challenges in collecting, taking over, protecting and making archival materials available before the state archival service. He/she requires not only a computer development of infrastructure and giving the essential provisions essential for the appropriate circulation to the on-line documentation, but also preparing authors and archivists for assessing (of classifying and classifying) of on-line documentation. New tasks are standing in the sphere of disseminating archive information in an electronic form. Legal grounds for creating, the protection and correct practical functioning of databases at national archives consist of two types of provisions: 1) general, which constitutional bases are regulating you and civil rights, principles of operation of administration and public institutions and the process of the computerization of the public sector; 2) detailed – of archival law which is resolving principles of archival activity. Databases are playing an important role in the computerization of national archives and disseminating archive information amongst citizens. Still they are essential of action in favour of increasing their effectiveness and the public application as part of the realization of the concept of development of the global information society. Otherwise national archives and their users will be ruled out computer, when existing solutions in implementing electronic administration and managing the on-line documentation will remain on the margin of the worldwide process for the computerization.


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