ENVIRONMENTAL STANDARDS AS AN INTERNATIONAL LEGAL REGULATION INSTRUMENT OF BUSINESS IN THE ENVIRONMENTAL SPHERE

Author(s):  
Olga A. Abakumova ◽  
Andrey V. Lyubanenko

The article is devoted to the problem of determining the boundaries of normative regulation of a green economy, sustainable development, establishing a balance between the need to preserve nature and economic activity. The research is based on methods: dialectical, economic and statistical, comparative legal, empirical, expert assessment, monographic description. The article substantiates the international standards system role for achieving the goals of sustainable economic development, its importance and significance for improving the system of international mechanisms and instruments of environmental legal regulation. The authors investigate the issues of sustainable development; defining the boundaries of regulatory regulation of the green economy; identifying a balance between the need to preserve nature and economic activity; the importance of regulatory documents that determine the rules of business conduct in the environmental sphere; the need to unify the legal regulation of environmental relations at the international level; integration of sustainable development principles into the environmental policy of nation states; introduction of universal environmental standards. The article analyzes the international standards of the ISO 14000 family and their use in modern corporate practice. It is substantiated that due to the processes of globalization and integration of national economies, there is a need to unify the legal framework for regulating environmental relations at the international level. All these issues have become more relevant during the COVID-19, as, due to the ensuing economic crisis, states postponed the introduction of new, more stringent environmental standards, which could require significant financial costs to modernize industrial production.

Author(s):  
Павел Владимирович Никонов

Международные нормативные правовые акты имеют особое значение для организации противодействия коррупционным преступлениям, связанным с дачей и получением взятки и иных видов незаконного вознаграждения. В статье анализируются международно-правовые документы, призванные обеспечить единый подход к противодействию указанным видам противоправных деяний в различных государствах. Международное сообщество озабочено решением проблем, связанных с противодействием коррупции. В этом отношении Россия не является исключением, поэтому ратифицирует основные международно-правовые акты, регламентирующие вопросы борьбы с коррупционными преступлениями. Интеграционные процессы, происходящие в настоящее время, обуславливают необходимость обращения к международному опыту в области противодействия указанным видам преступлений. При подготовке материала научной статьи применялся сравнительно-правовой метод исследования, что позволило получить обоснованные выводы относительно сравнения международных и российских нормативных правовых актов. В статье анализируются положения таких источников, ратифицированных Россией, как Конвенция Организации Объединенных Наций против коррупции, Конвенция против транснациональной организованной преступности, Конвенция об уголовной ответственности за коррупцию, Конвенция по борьбе с подкупом иностранных должностных лиц при осуществлении международных коммерческих сделок. В качестве полученных результатов проведенного исследования можно признать заключения относительно соответствия уголовного законодательства Российской Федерации, созданных органов и реализуемых мер, направленных на организацию борьбы с коррупционными преступлениями, связанными с дачей и получением взятки и иными видами незаконного вознаграждения, рассмотренным международным стандартам. International legal regulation is of prime importance in countering corruption crimes related to giving and receiving bribes and other types of illegal remuneration. The article analyzes international legal documents designed to ensure the same approach to countering these types of illegal acts in different states. The international community is concerned about solving problems related to combating corruption. Russia is no exception, therefore it ratifies the main international legal acts regulating the fight against corruption crimes. The integration processes taking place at the present time necessitate taking into account the international experience of countering these types of crimes. The comparative legal research method was used, this made it possible to obtain well-grounded conclusions regarding the comparison of international and Russian normative legal acts. The article analyzes the provisions of international documents ratified by Russia: the United Nations Convention against Corruption, the Convention against Transnational Organized Crime, the Criminal Law Convention on Corruption, and the Convention against Bribery of Foreign Officials in International Business Transactions. The findings on the compliance of the criminal legislation of the Russian Federation, existing bodies and measures taken in the field of combating corruption crimes related to giving and receiving bribes and other types of illegal remuneration to international standards as the results of the study are indicated.


Author(s):  
A. Litvinenko

Over the past few decades the gradual increase in environmental pollution, poverty and the need for energy made it necessary to transform the existing model of the economy. At the end of the 20th century the concept of sustainable development was formed. It included some relevant goals, the achievement of which made it possible to solve major socio-economic problems. The “green economy” is a system of economic relations between the state, economic entities and households arising from the production, distribution, exchange and consumption of goods and pursued in accordance with the objective of achieving the goals of sustainable development. The transition to the “green” economy will help to overcome poverty, provide humanity with renewable energy and gradually stop environmental pollution. The change of the existing model of economy requires a transformation in all its industries (manufacturing, finance, energy, etc.) and at all levels (from supranational to individual). Transformation processes, which include technical retrofitting, technology change, require significant funding. The establishment of an effective financial security mechanism will allow to attract the necessary investments for the implementation of projects in the field of transformation of economic sectors. It should be noted that the process of transition to a new model of economy in the world is already underway and the efforts of the world community aimed at achieving the goals of sustainable development are manifested in the creation of the necessary legal framework in the form of UN conventions and activities of international financial organizations providing financing for the implementation of projects in this field. The transition to the green economy model opens a number of opportunities for Ukraine, such as gaining energy independence, overcoming poverty and improving the environment. Keywords: “green” economy, “green” results, transformation of economy, stable development.


2021 ◽  
Vol 10 (4) ◽  
pp. 281
Author(s):  
Andrejs Gvozdevičs

Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms provides for the right of everyone to a fair and public hearing by an independent and impartial tribunal established by law. An important guarantee, such as the enforcement of a court judgment, is also enshrined in human rights theory and practice, as unenforced judgments pose a threat to legal stability, which is one of the fundamental basis for the sustainable development of society. The institute of law of the securing a claim serves in cases where execution of the future judgment may be impossible or made substantially more difficult. The aim of the research is to study the legal framework, which determines the regulations of the securing a claim in Latvia in order to make proposals for enhancement of the legal framework. The research deployed descriptive, analytical and deductive-inductive methods as well as the methods of interpretation of legal norms. Using these methods, legal acts, views of legal scientists and case law were reviewed and analyzed, and subsequently conclusions and recommendations were made. Analyzing the development of the securing a claim it can be admitted that this institute of law in Latvia has problems as the application of the securing a claim in court practice within the framework of limited adversarial and dispositivity principles, as well as shortcomings in the theoretical foundations of the securing a claim which are based on the findings of legal scientists of the last century. As a result of the research, the author drew the conclusions, that Latvia does not make sufficient use of the long-standing successful procedural solutions for securing a claim in others states, such as court mortgages, bank guarantee or mortgage of the plaintiff to secure the defendant's losses, defendant's protection letter to protect against unjustified securing a claim, a possibility to secure a claims which are not financial in nature and many more that can make legal regulation of the securing a claim more modern and effective.


Author(s):  
Alla Nitchenko ◽  
◽  
Nataliia Morska ◽  

The scientific article presents the basic principles of innovation from the standpoint of law. The problems of legislative and normative-legal provision of the basic principles of innovation activity on the territory of Ukraine are considered. It was found that the basic principles of innovation in Ukraine are regulated by a number of legislative and regulatory documents. The legal content of the category "innovation" is revealed, based on the provisions of the legal framework. The legal peculiarities of innovation activity on the territory of Ukraine are determined. Objects and subjects of innovation activity are analyzed. The directions of implementation of innovative activity on the territory of Ukraine are considered. The role of the state in guaranteeing the subjects of innovation activity favorable conditions for innovation activity in accordance with the provisions of legislative and regulatory documents is revealed. The key functions of the state, which are to control and regulate the basic principles of innovation in Ukraine, are considered. The key areas of innovation in Ukraine are outlined, based on the provisions of the legal framework. The mode of implementation of innovative activity by technology parks, which is based on special legal bases, is characterized. The practical experience of carrying out innovative activity on the territory of Ukraine is analyzed. Prospects for further research in the direction of studying the legislation governing the basic principles of innovation from the standpoint of law, which are a more thorough study of legislation with the allocation of promising areas to improve the legal regulation of innovation in Ukraine in accordance with international standards and norms.


2020 ◽  
Vol 11 (1) ◽  
pp. 227
Author(s):  
Serikhan ADYLGAZY ◽  
Kanat KOZHABEK ◽  
Zhazira OMIRALI ◽  
Galym TELEUYEV ◽  
Ainur DARHANBAYEVA

The rapid aging of the population and the constant increase in life expectancy throughout the world is one of the greatest socio-economic and political transformations of our time. This article discusses the preparation of an integrated system to address the challenges of protecting the rights of older people. Also, based on the study of scientific works of foreign and domestic scientists on protecting the rights of older people at the international level and taking into account international standards and the implementation of international human rights treaties, analysis of the compliance of national legislation with international standards, an in-depth analysis of the legal powers of state bodies and other organizations of Kazakhstan related to protecting the rights of senior citizens. Insufficient attention in the field of domestic science is paid to the protection of the rights of the elderly. In addition, there are no state programs aimed at improving the protection of the rights of the elderly or addressing the problems of an aging population, and no relevant measures have been taken. The experience of foreign countries in the field of protecting the rights of elderly people is diverse, using it to improve the mechanism of legal regulation and the sphere of social services of Kazakhstan, we propose to put in place good aspects. However, taking into account the differences associated with legal and economic conditions, it is very important to implement in accordance with the legal system of the country.  


2021 ◽  
Author(s):  
Daniela Petrova ◽  

The activity of the health mediator has a sustainable impact on people's lives, both in the smaller community groups and on the overall educational, health and economic growth of the society. During the Kovid 19 pandemic, the practice of the profession of health mediator is of utmost importance and significance, with a view to informing and preventing health. The author of this article presents the legal framework of the health mediator in the national and European legislation. The aim of the author is to present the legal and professional requirements for the health mediator. The health mediator is already an established and legally regulated profession, which operates in the individual municipalities in the Republic of Bulgaria.


2021 ◽  
Vol 8 (2) ◽  
pp. 152-167
Author(s):  
X. Fangkun ◽  
N. Symaniuk

This article examines the specifics of legal regulation of sustainable development in China and Russia. This topic is exceptionally relevant today since legal regulation of this area should create effective frameworks for the relationship between people and nature. The authors draw attention to the fact that sustainable development is better implemented when it is supported both by international standards and, necessarily, by national laws. The approaches then that China and Russia, both member countries of the BRICS bloc, are taking in implementing sustainable development are of importance, and thus described and contrasted in this study. To do so, the authors apply the comparative legal analysis, which makes it possible to distinguish both the advantages of international and national systems and the disadvantages. Based on their methodology, the authors formulate possible recommendations for each nation.


2021 ◽  
Vol 296 ◽  
pp. 06044
Author(s):  
Larisa Yuzvovich ◽  
Ekaterina Polyakova ◽  
Larisa Pustovalova ◽  
Oksana Lavrova

At present, a number of economic actions undertaken by the Russian enterprises for development, directly or indirectly, lead to water and air pollution, nuclear radiation and many other perverse outcomes. The environment destruction is closely related to the enterprises activities that implement minerals and natural resources in their performance. If an enterprise establishes a reliable organizational management process, analyses the research and production process and implements modern equipment, then it can, to a certain extent, avoid environmental pollution, thereby preserving space for the economic activity.


Author(s):  
Lydmyla Dobroboh

The article deals with study of the impact of globalization on the development of a complex branch of environmental law. A significant development of science and technology in the modern world, the relative "development of the planet" and globalization processes necessitate the solution of qualitatively new scientific and applied problems and, in particular, the need to take into account the intensive development of world industry, limited natural resources and environmental requirements. and social mobility. The author has analyzed the most important historical events, implementation of international norms on environmental protection to national legislation. A particular attention has been paid to the development of the idea of environmental protection in European law in the second half of XX century and the separation within it of European environmental law. Recently, such important issues as the management of genetically modified organisms, the management of waste and hazardous chemicals, the reduction of harmful emissions into the atmosphere and water pollution have been regulated. This state of legal regulation of environmental relations at the level of international law has a positive impact on the national legislation of the Member States of the European Union and other states that have taken the European direction of development, including Ukraine. One of the important areas of cooperation between the European Union and Ukraine is the joint solution of problems in the field of environmental management and environmental protection. It has been concluded that the international legal regulation of environmental relations is a system of purposeful actions of subjects of international law, aimed at the rational use of nature and environmental protection in order to preserve it for present and future generations. The green economy is a priority for the European Union.


2020 ◽  
Vol 12 (S) ◽  
pp. 169-179
Author(s):  
Roman Ya. SHAI SHAI ◽  
Tetiana I. STRYBKO ◽  
Nataliya Ya. ZABOLOTNA

The purpose of the article is to study the effectiveness of regulation and practice of organizing international air transport service, analysis of tendencies and prospects for the development of a regulatory framework on a global scale. The basic elements and acts of international legal regulation of air transportation at the international level are identified. The relevance and the need to include Ukraine in the international legal framework in the air service industry were proved. The levels of state regulation of air transport are outlined. A comparative analysis of the regulatory support of the air industry in Ukraine and in other countries is performed. The level of Ukraine’s inclusion in the international legal scope of regulation of air transport space and the main achievements in this process are estimated. The applied value of the work is to develop priority areas for the implementation of Ukrainian legislation to international air service standards, an algorithm of actions for signing an agreement on collaborative airspace.


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