scholarly journals Organizational, Economic, and Strategic Aspects of Capitalization of Multipurpose Forest Industries

2021 ◽  
Vol 2021 (2) ◽  
pp. 206-215
Author(s):  
Alexander Prosekov ◽  
Natal'ya Lisina
Keyword(s):  
Sustainable Use ◽  
Local Fauna ◽  
Legal Norms ◽  
Compensation Mechanisms ◽  
Forest Industries ◽  
Forest Code ◽  
Legitimate Interests ◽  
Forest Utilization ◽  
Forest Users ◽  
General Standard

Introduction. The present article forecasts the organizational, economic, and strategic aspects of the multifunctional forestry capitalization in the Kemerovo region aka Kuzbass. The authors analyzed the current Russian laws in order to answer the following question: is multi-purpose forest utilization able to ensure the rights and interests of all its participants, while providing legal means to resolve various related issues? Study objects and methods. The research featured the legal norms in the field of forest, wildlife, and subsoil utilization. The authors assessed their ability to guarantee sustainable use of natural resources while protecting the rights and legitimate interests of forest users. The study was based on general standard methods of cognition and special legal methods. Results and discussion. Hunting is regulated by hunting sector agreements. The Forest Code and the Hunting Law of the Russian Federation do not prohibit or restrict other types of forest utilization of hunting grounds. Most Western European countries link land ownership to hunting rights, which makes landowners liable for damage caused by hunting and obliged to protect the local fauna. Conclusion. Russian legislation does not provide for direct conciliation and compensation mechanisms in cases a part of hunting ground is used for other purposes, e.g. mining. Russian legislation needs legal termination procedures for hunting sector agreements and compensation rules in case a land plot was seized from hunting providers for subsoil use.

The Prosecutor in Arbitration: A Historical Perspective

2021 ◽  
Author(s):  
E.V. Kolesnikov ◽  
Keyword(s):  
Economic Activity ◽  
Present Stage ◽  
Society Business ◽  
Economic Relations ◽  
Legal Norms ◽  
Stage Of Development ◽  
Legitimate Interests ◽  
The Subject ◽  
Business Entities ◽  
Degree Of Participation

The subject of the study is a retrospective of the legal norms formation. Under these norms the prosecutor will be able to govern the issues of ensuring the legitimate interests of the state, society, business entities and the rights of citizens in resolving disputes in the field of economic activity. Chronological framework of research includes the period from the establishment of prosecutor's office in 1722 up to the collapse of USSR in 1991. The relevant legislation is analyzed. The author examines the scope of prosecutor powers in this sphere at different stages of formation and development of prosecution, and reveals the problems of determining the prosecutor's office place in the system of existing at that time bodies of state power. It is concluded that the prosecution authorities, since their creation in Russia and up to the present stage of development, taking a greater or lesser degree of participation in the resolution of disputes in the sphere of economic activity, played a significant role in the protection of exclusively state interests. The interests of society, business entities and citizens in the sphere of economic activity if there is a dispute were considered only through the prism of such interests. The hierarchy of interests of participants of economic activity in dispute resolution was unbalanced and built without taking into account the interests of all participants of economic relations.

scholarly journals Protection of the rights of children and minors in their transactions in the information society

2020 ◽  
Vol 9 (2) ◽  
pp. 25-46
Author(s):  
Oleksandr Omelchuk ◽  
Olena Cherniak ◽  
Nataliia Tyshcuk
Keyword(s):  
Structural Analysis ◽  
Information Society ◽  
Age Groups ◽  
The Body ◽  
Logical Analysis ◽  
Legal Capacity ◽  
Legal Norms ◽  
Legal Method ◽  
Logical Method ◽  
Legitimate Interests

The article is devoted to the analysis of features that arise when committing transactions by children and minors in the development of information society, identifying problems that arise when committing such transactions out of their legal capacity, as well as to the issue of the protection of violated rights and legitimate interests of children and minors due to the pandemic. The dialectical method of cognition, the method of system-structural analysis, he formal-logical method, the comparative-legal method, the method of logical analysis and dogmatic interpretation of legal norms were used preparing the article. The structure of the body of the text is comprised of such sections as introduction, methodology, analysis of recent research, results and discussion, conclusions. The main conclusion of the study is the establishing the need to clarify the amount of legal capacity of children and minors in different age groups. It is proposed to consolidate the division of minors into the following groups: from birth to 6 years; from 6 to 10 years; and from 10 to 14 years.

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.

scholarly journals ON OF FOREST MANAGEMENT IMPROVEMENT IN RUSSIA

2020 ◽  
Vol 3 (2) ◽  
pp. 24-29
Author(s):  
Vladimir A. Sokolov ◽  
Elena V. Goryaeva ◽  
Nastassia V. Sokolova
Keyword(s):  
Forest Management ◽  
Sustainable Use ◽  
Economic Assessment ◽  
Forest Resources ◽  
Market Transition ◽  
Forest Sector ◽  
Market Economic ◽  
Forest Code ◽  
Forest Use ◽  
Standing Timber

A survey of numerous official documents and publications reveals a severe crisis of forest management in Russia. Forest management paradigm, defined by the Forest Code ideologues, will lead inevitably to the Russian forest fund degradation. Meanwhile, forestry is the productive industry, which follows the market rules. For this reason, it should reconstruct forest management in Russia. A principle of forestry revival will be impartial ecological and market economic assessment of forest resources, which would be instrumental in transition of the subsidized scheme of forest management financing to a system that would provide rational forestry and a profit. In view of this, market transition of forest use is crucial to establish payments for standing timber based on rental income. This will guarantee the financing of reforestation as well as assignments to the budget at the different levels. Chief reorganization objective of forest management in Russia is outlined as follows: ensuring economic efficiency of the forest sector; sustainable use of forest resources and reforestation; forest conservation for the next generations.

scholarly journals ON FOREST MANAGEMENT IMPROVEMENT IN RUSSIA

2020 ◽  
Vol 4 (2) ◽  
pp. 107-112
Author(s):  
Vladimir A. Sokolov ◽  
Elena V. Goryaeva ◽  
Nastassia V. Sokolova
Keyword(s):  
Forest Management ◽  
Sustainable Use ◽  
Economic Assessment ◽  
Forest Resources ◽  
Market Transition ◽  
Forest Sector ◽  
Market Economic ◽  
Forest Code ◽  
Forest Use ◽  
Standing Timber

A survey of numerous official documents and publications reveals a severe crisis of forest management in Russia. Forest management paradigm, defined by the Forest Code ideologues, will lead inevitably to the Russian forest fund degradation. Meanwhile, forestry is the productive industry, which follows the market rules. For this reason, forest management in Russia should be reconstructed. A principle of forestry revival will be impartial ecological and market economic assessment of forest resources, which would be instrumental in transition of the subsidized scheme of forest management financing to a system that would provide rational forestry and profit. In this regard, market transition of forest use is crucial to establish payments for standing timber based on rental income. This will guarantee the financing of reforestation as well as assignments to the budget at the different levels. Chief reorganization objective of forest management in Russia is outlined as follows: ensuring economic efficiency of the forest sector; sustainable use of forest resources and reforestation; forest conservation for the next generations.

scholarly journals On the Concept of the draft Federal law “Forest code of the Russian Federation”

2020 ◽  
Vol 3 (3) ◽  
pp. 1-11
Author(s):  
А.А. Onuchin ◽  
◽  
V.А. Sokolov ◽  
Keyword(s):  
Forest Management ◽  
Market Economy ◽  
Sustainable Use ◽  
Economic Assessment ◽  
Forest Resources ◽  
Forest Sector ◽  
Federal Law ◽  
Market Economic ◽  
Forest Code ◽  
Forest Use

An analysis of a numerous official documents and publications reveals a serious crisis of forest management in Russia. Forest management paradigm, defined by the Forest Code ideologues, will lead inevitably to the Russian forest fund degradation. Meanwhile, forestry is production industry in which laws of the market economy are in force. For this reason, forest management should be reconstructed in Russia. A principle of forestry revival will be impartial ecological and market economic assessment of forest resources, which would be instrumental in transition of the subsidized scheme of forest management financing to a system that would provide rational forestry and a profit. Forestry organization is the key task of forest inventory that is completed in close connection with forest economy and forest management. Specific problems of sustainable forestry organization and forest use should be solved on this basis. When State owns forests in the market economy environments, stumpage sale at prices lower than the cost for reforestation cannot be allowed. In view of this, market transition of forest use is crucial to establish payments for standing timber based on rental income. This will guarantee the financing of reforestation as well as assignments to the budget at the different levels. Chief reorganization objective of forest management in Russia is outlined as follows: ensuring economic efficiency of the forest sector; sustainable use of forest resources and reforestation; forest conservation for the next generations.

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.

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 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 The current issues of the protection of the rights, freedoms of participants of criminal proceedings at the stage of judicial consideration

2020 ◽  
pp. 71-82
Author(s):  
Oleksandr Omelchenko ◽  
Vladislav Rebezyuk
Keyword(s):  
Human Rights ◽  
International Experience ◽  
International Standards ◽  
Criminal Proceedings ◽  
Independent State ◽  
Legal Norms ◽  
Control Functions ◽  
Legitimate Interests ◽  
Court Proceedings ◽  
The Right

This article explores the issues of protecting of the rights, freedoms of participants in criminal proceedings at the stage of judicial consideration. Consequently, examines of the current state and prospects of protecting the rights, freedoms of participants in criminal proceedings at the stage of judicial consideration is carried out. The current problems and ways of solving the issue of protecting the rights and freedoms of participants in judicial proceedings are considered. This article deals with the issues concerning of the protection of rights and freedoms in criminal proceedings. An indicator of the availability of justice is a component of the right to a fair trial, the existence of an optimal system of court costs and developed mechanisms for providing legal assistance to the poor. Meanwhile, all court judgments should be based on the current Constitution of Ukraine, as well as on the current legislation, without contradicting with them. The International experience in protecting the human rights and freedoms is very important and has a significant impact on the domestic legislation of both our state and other democratic states as a whole. The International standards of fundamental human rights and freedoms and their legitimate interests is the basis that fills the international experience in protecting human rights, freedoms and legitimate interests. The main provisions of the Constitution of the community of democratic states on human rights and freedoms must comply with all international standards, since the protection of rights, freedoms and legitimate interests ensures the sovereign, democratic and independent state. Each civilized state must ensure the implementation of legal guarantees for the protection of the rights, freedoms and legitimate interests of its citizens, this will become the key to the democratic development of the state. To summarize, the public is interested in ensuring that the rule of law is guaranteed through fair, impartial and effective administration of justice. The prosecutors and the judges ensure at all stages of the trial the guarantee of human rights and freedoms, as well as the protection of public order. This covers respect for the rights of the accused and the victims. Protecting the human rights in criminal proceedings at the trial stage is one of the main challenges facing the courts, prosecutors and lawyers. The opportunities of judicial protection through a system of various forms of judicial review is not only an additional guarantee of rights and freedoms, but also a condition for their speedy restoration. Key words: court proceedings, organizational and legal mechanism, protection of the rights, court decision, court control functions, The European Court of Human Rights, legal decisions, legal norms, court proceedings, protection of freedoms, availability of the justice.

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