scholarly journals Electronic initiatives as a tool for e-democracy: the experience of Ukraine and Latvia

2021 ◽  
pp. 124-134
Author(s):  
D. V. Luchenko
Keyword(s):  
Information Technology ◽  
Comparative Analysis ◽  
Legal Regulation ◽  
Public Affairs ◽  
Technology Support ◽  
Legal Analysis ◽  
Public Concern ◽  
The Government ◽  
Practical Question ◽  
Main Factor

The article is devoted to a comparative legal analysis of the experience of Ukraine and Latvia in the implementation of the institution of electronic initiative as an important tool of direct e-democracy. The practical question of why in some countries e-initiatives are a real leverage, while in others it is more likely just a marker that signals certain problems of concern to society, prompts a thorough study of legal regulation and information technology support of e-initiatives. For a comparative analysis of the regulation of the procedure for submitting and considering an electronic initiative, the experience of Latvia as a state that has demonstrated real successful results of the work of the online platform ManaBalss.lv as a tool for presenting, registering, discussing, considering an electronic initiative and solving issues in it was selected. In addition, the experience of this country shows that an increase in the level of participation of citizens in the management of public affairs is possible provided they are provided with an effective and convenient mechanism of influence. The article focuses on the shortcomings of the legal regulation of the institution of electronic petitions in Ukraine as the main factor in the ineffectiveness of this tool of e-democracy, including the absence of a special legislative act on electronic petitions, a legislative guarantee for resolving the issue that is raised in the petition, failure to take into account public opinion, expressed in a petition that received fewer votes than is required by law, etc. The necessity of introducing a mechanism for preliminary verification of the content of electronic petitions for constructiveness, reliability and reality is indicated. It is noted that for the proper implementation of the goal of direct e-democracy, levers of influence on the government must be created, which will make it listen to the problems of public concern.

scholarly journals Ensuring a Balance Between Public and Private Interests in the Implementation of Quarantine Measures

2020 ◽  
Vol 9 (2) ◽  
pp. 317-340
Author(s):  
Yaroslav Lazur ◽  
Tetyana Karabin ◽  
Oleksander Martyniuk ◽  
Oleksandr Bukhanevych ◽  
Oksana Kanienberh-Sandul
Keyword(s):  
Human Rights ◽  
Common Good ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Public Interests ◽  
Fiscal Stimulus ◽  
Private Interests ◽  
Private And Public ◽  
The Government ◽  
The Right

Under the influence of the spread of coronavirus infection, the world community has faced difficult challenges that provoke changes in the seemingly already stabilized legal regulation, putting at risk the settlement of human rights and the common good. The study aims to find effective mechanisms for balancing human rights and public interests in the context of their legal regulation. Specifically, this study is focused on the mechanisms of balancing private and public interests in the implementation of quarantine measures in the Covid-19 pandemic. The research methods were both general scientific and special methods, in particular: formal legal, historical and legal, analysis and synthesis. To perform the tasks of the work, the following structure was used: after some initial precisions, there are provided some considerations about the fiscal stimulus measures and about the exercise of the right of derogation; then, the study deals with the problem of lawmaking in a pandemic; and finally it is considered the threats to intellectual property in the sphere of healthcare. The results of the work show that the pandemic has seriously hit the balance between private and public interests. The public interests of the government and society have become a priority, but in many cases, the measures that infringe private interests are disproportionate, untimely and inefficient.

scholarly journals Land law principles in the post-soviet states

2021 ◽  
Vol 20 (2) ◽  
Author(s):  
Alexey A. Demichev ◽  
Vera A. Iliukhina ◽  
Elena V. Safronova
Keyword(s):  
Comparative Analysis ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Land Law ◽  
Methodological Basis ◽  
Legal Method ◽  
Land Relations ◽  
Minimum Number ◽  
Interpretation Method ◽  
Exhaustive List

The purpose of the article is to conduct a comparative analysis of the legal technique of enshrining the principle of land law in a number of post-Soviet states. The study sources are the Constitutions and Land Codes of the post-Soviet states enshrining the land law principles. The methodological basis of the study consists of the formal-legal analysis (interpretation method) of normative legal acts and the comparative-legal method. The authors consider the land law principles as the initial, basic normatively fixed ideas underlying the legal regulation of land relations. In Armenia, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, Uzbekistan, and Ukraine, the primary land law principles are enshrined in Constitutions and Land Codes. The minimum number of land law principles enshrined in the Land Codes of post-Soviet states ranges from five to twelve. Simultaneously, in the legislation of any state, there is no exhaustive list of land law principles.

scholarly journals Analisis Hukum Menghadiri Walimatul Ursy Saat Pandemi Covid 19

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Rina Septiani
Keyword(s):  
Comparative Analysis ◽  
Qualitative Data ◽  
Islamic Law ◽  
Secondary Data ◽  
Good Health ◽  
Legal Analysis ◽  
Literature Study ◽  
Positive Law ◽  
The Law ◽  
The Government

bstract: This study discusses legal analysis both from the perspective of Islamic law and positive law related to the law of attending walimatul ursy during the COVID-19 pandemic, this research will focus on the law of attending a wedding during the pandemic. The method used is literature study with a normative-comparative analysis approach, data analysis used is from qualitative data to secondary data. The results of the study found that the law of attending walimatul ursy during a pandemic, both Islamic and positive, is not mandatory, but permissible if those invited are in good health and are ready to carry out health protocols that have been set by the government, but if those invited are not healthy or confirmed. Corona virus, attendance is haram because it will cause greater fade if the person concerned is present.Abstrak: Penelitian ini membahas tentang analisis hukum baik dilihat dari segi hukum islam maupun hukum positif terkait dengan hukum menghadiri walimatul ursy saat pandemic covid 19, penelitian ini akan focus pada hukum menghadiri pesta pernikahan saat pandemic. Metode yang digunakan adalah studi pustaka dengan pendekatan analisis normatif-komparatif, analisis data yang digunakan adalah mulai dari data kualitatif sampai dengan data skunder. Hasil penelitian menemukan bahwa hukum menghadiri walimatul ursy saat pandemic baik secara hukum islam maupun positif tidak menjadi wajib melainkan di perbolehkan jika yang diundang dalam keadaan sehat serta siap melakukan protocol kesehatan yang sudah di tetapkan oleh pemerintah, namun apabila yang diundang dalam keadaan tidak sehat atau terkonfirmasi virus corona maka menghadirinya menjadi haram karena akan menimbulkan kemudaratan yang lebih besar jika yang bersangkutan hadir.

scholarly journals The Responsibility of the Government in the CIS and Baltic Foreign Countries

2021 ◽  
Vol 4 ◽  
pp. 24-26
Author(s):  
Konstantin M. Khudoley ◽  
Keyword(s):  
Comparative Analysis ◽  
Legal Analysis ◽  
Regulatory Activity ◽  
Head Of State ◽  
Foreign Countries ◽  
Responsibility Of Government ◽  
The Government

Within the comparative and legal analysis the questions characterizing responsibility of government in the foreign countries of the CIS and Baltic are considered. The comparative analysis of provisions of constitutions and acts of the states which were a part of the USSR as federal republics regarding regulation a question of responsibility of government before the head of state and before parliament is carried out. The reasoned conclusion of possibility of use in the Russian conditions of such forms of responsibility of government, as a constructive vote of no confidence, an interpellation, and also use of experience of formation of “positive parliamentarism” and regulatory activity of the government which after some foreign countries (Germany, France) gained distribution in the certain republics of the CIS and Baltic (Georgia, Armenia, Kazakhstan) is drawn.

scholarly journals Legal measures to Expand the Access to Treatment during the Pandemic in Ukraine and in the World

Medicne pravo ◽  
2020 ◽  
Vol 2020 (2) ◽  
pp. 34-48
Author(s):  
O. Y. KASHYNTSEVA ◽  
◽  
M. M. TROFYMENKO ◽  
Keyword(s):  
Human Rights ◽  
Access To Medicines ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Access To Treatment ◽  
Compulsory Licensing ◽  
Patent Rights ◽  
The World ◽  
The Government ◽  
Managed Entry Agreements

The article concerns the comparative legal analysis of managed entryagreements (MEAs), compulsory licenses on inventions and the use of pat-ented inventions without the permission of an owner of the patent rights in order to ensure the health of the population and in emergency circum-stances. The authors determine the essential conditions and special fea-tures of such agreements. In article the authors present the analysis of theinternational legal regulation of the market of patent rights in the field ofpharmacy. Managed entry agreements are the effective legal instrumentfor ensuring access to innovative medicines, which are still in the post-clin-ical stage, while the compulsory licensing and the government use in thepublic interests could expand access to generic versions of medicines. All ofmentioned legal measures are available in Ukrainian legislation, but noneof them has been used yet. Key words: managed entry agreements, compulsory licenses, govern-ment use, intellectual property, human rights, access to medicines.

scholarly journals Bankruptcy Procedure for Individuals in Russia and the USA: Comparative Legal Analysis

2020 ◽  
Vol 37 (64) ◽  
pp. 92-100
Author(s):  
Yuliya V. Boltenkova ◽  
Vladimir S. Sinenko ◽  
Sergey A. Rubanov ◽  
Oksana S. Lilikova ◽  
Aleksey Yu. Gordeev
Keyword(s):  
United States ◽  
Comparative Analysis ◽  
The United States ◽  
Legal Regulation ◽  
Positive Experience ◽  
Legal Analysis ◽  
Proficiency Level ◽  
The Usa ◽  
Bankruptcy Procedure ◽  
Russian Law

Bankruptcy is the legitimate procedure by which monetarily troubled firms, people, and sporadically governments settle their obligations. The insolvency procedure for firms assumes a focal job in financial aspects, since rivalry drives the most wasteful firms bankrupt, subsequently raising the normal proficiency level of those remaining. This study provides a comparative analysis of the most significant aspects of bankruptcy for individuals in Russia and the United States. The objective of the study was to determine the conditions involved in declaring a citizen insolvent in US and Russian law, for which we studied the ways of filing applications in these countries, as well as some methods of abuse by creditors that reduce the effectiveness of the bankruptcy institu-tion, and the ways to minimize them. Based on the results of the analysis, proposals were made to improve the legislation that governs people's bankruptcy. These proposals are based on the positive experience of the United States in the field of legal regulation of insolvency institutions.

scholarly journals Formation of legal regulation of land relations in Poland (1919–1921)

2020 ◽  
pp. 65-71
Author(s):  
Oksana Lesyk
Keyword(s):  
Land Reform ◽  
Military Service ◽  
Market Price ◽  
Road Construction ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Land Relations ◽  
The Government ◽  
Professional Occupation ◽  
Polish Government

The article is devoted to the historical and legal analysis of the problems of formation of legal regulation of land relations inPoland (1919–1921).The first important normative legal acts of Poland concerning the legal regulation of land relations are analyzed, in particular theLand Law of 1920 and the Constitution of 1921. It is noted that the Law on Land Reform, adopted on July 15, 1920, consisted of threeparts: 1) Land stock (Articles 1-5); 2) Compulsory redemption and redemption price (Articles 6-22); 3) parcelling (Articles 23–37). Thelaw of 1920 provided for: 1) an increase in the amount of land subject to alienation and intended for parcelling and settlement; 2) divisionof all state and state-acquired lands from its former owners; 3) compensation for landed and ecclesiastical lands that exceeded themaximum norm, in the amount of half of their average market price (Article 13); 4) forced redemption of movable and immovable agriculturalequipment (it should be noted that agricultural buildings were purchased at a price as of August 1, 1914, ie at the beginning ofthe First World War; the owner of several estates had the right to keep no more than one estate – Article 2 and 14); 5) the possibility ofobtaining a loan to purchase land in the amount of up to 75% of the value of the site; 6) the provision of land primarily to non-agriculturaland small farmers, with priority for war invalids and farm workers (Article 29); 7) transfer of the state parcelling fund to the disposalof the Main Land Administration – a special body for the implementation of land reform (Article 4); 8) deprivation of the rightto land of peasants who evaded military service and / or participated in the occupation of agricultural lands (this, in fact, applied toUkrainians in Galicia who opposed the Polish government). It was established that the following were subject to forced redemption:1) lands “unfairly” distributed before the revival of the Polish state (as we understand, this also refers to lands that the government ofthe Western Ukraine began to distribute as a result of its own reform);2) arbitrarily parceled lands without the permission of the competent authorities; 3) land acquired in the period from August 1,1914 to September 14, 1919 by persons for whom agriculture was not a professional occupation; 4) land appropriated for the purposeof usurious profits; 5) lands that have changed their owner more than twice during the war, except in the case of the death of the owneror the transfer of a plot for road construction; 6) land necessary for the livelihood of cities and industrial centers; 7) abandoned anduncultivated lands.

The role of graining in ensuring food security

2020 ◽  
pp. 75-79
Author(s):  
R. M. Gambarova
Keyword(s):  
Food Security ◽  
Comparative Analysis ◽  
Systems Approach ◽  
Point Of View ◽  
Government Support ◽  
Grain Production ◽  
The Government ◽  
Favorable Conditions ◽  
Grain Farms

Relevance. Grain is the key to strategic products to ensure food security. From this point of view, the creation of large grain farms is a matter for the country's selfsufficiency and it leading to a decrease in financial expense for import. Creation of such farms creates an abundance of productivity from the area and leads to obtaining increased reproductive seeds. The main policy of the government is to minimize dependency from import, create abundance of food and create favorable conditions for export potential.The purpose of the study: the development of grain production in order to ensure food security of the country and strengthen government support for this industry.Methods: comparative analysis, systems approach.Results. As shown in the research, if we pay attention to the activities of private entrepreneurship in the country, we can see result of the implementation of agrarian reforms after which various types of farms have been created in republic.The role of privateentrepreneurshipinthedevelopmentofproduction is great. Тhe article outlines the sowing area, production, productivity, import, export of grain and the level of selfsufficiency in this country from 2015 till 2017.

How to Tell the Truth without Outraging the Press?

MedienJournal ◽  
2017 ◽  
Vol 30 (2-3) ◽  
pp. 37
Author(s):  
Li Xiguang
Keyword(s):  
News Media ◽  
Public Affairs ◽  
Chinese Government ◽  
Government Officials ◽  
The Public ◽  
News Stories ◽  
The Press ◽  
The Media ◽  
The Government ◽  
Chinese News Media

The commercialization of meclia in China has cultivated a new journalism business model characterized with scandalization, sensationalization, exaggeration, oversimplification, highly opinionated news stories, one-sidedly reporting, fabrication and hate reporting, which have clone more harm than good to the public affairs. Today the Chinese journalists are more prey to the manipu/ation of the emotions of the audiences than being a faithful messenger for the public. Une/er such a media environment, in case of news events, particularly, during crisis, it is not the media being scared by the government. but the media itself is scaring the government into silence. The Chinese news media have grown so negative and so cynica/ that it has produced growing popular clistrust of the government and the government officials. Entering a freer but fearful commercially mediated society, the Chinese government is totally tmprepared in engaging the Chinese press effectively and has lost its ability for setting public agenda and shaping public opinions. 

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