scholarly journals The Formation of Land Conservation Principles as the Framework for the Implementation of the Concept of Sustainable Development of Society

2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Moldir Abaikyzy ◽  
Lazzat K. Yerkinbayeva ◽  
Kulyash N. Aidarkhanova ◽  
Gulnar T. Aigarinova ◽  
Nurzhan S. Baimbetov
Keyword(s):  
Public Relations ◽  
Environmental Protection ◽  
Legal Protection ◽  
Legal Regulation ◽  
Hazardous Substances ◽  
Practical Significance ◽  
Environmental Legislation ◽  
Land Protection ◽  
Foreign Countries ◽  
European Standards

AbstractThe interest in the experience of legislative solutions to problems connected with the design and development of legal institutions in environmental protection in foreign countries, at first glance, is not directly related to the study of the laws of functioning and development of this legal institution. The relevance of the study is determined by the fact that such an interest appears as rather justified and even logical, if one is to proceed, firstly, from general ideas about the development of land legislation in the context of globalisation, and secondly, if one is to consider the desire of countries to more widely implement global and European standards of environmental policies and rights and approaches to environmental protection in general. The purpose of this article is determined by the identification the main problems of land protection legislation in the field of and form on their basis the effective system of environmental regulation, combining administrative and legislative instruments with economic, regulatory and market mechanisms. Analysis of international legal acts is used as the leading research method. It was determined that the positive experience in foreign countries related to the legal regulation of relations in legal protection of the environment allows transferring the theoretical ideas about the legal structures existing in other countries to the practical plane, which, in turn, allow to optimally regulate the appropriate circle of public relations, taking into consideration the relevant historical traditions, the internal structure of national legislation, the features of the development of environmental legislation of the respective country. The concept of protecting land from pollution by hazardous substances and ways of improving and adapting legislation in the field of waste management were proposed. The practical significance of the study is determined by the need to integrate the land legislation industry into national environmental legislation.

The Formation of Land Conservation Principles as the Framework for the Implementation of the Concept of Sustainable Development of Society

2020 ◽  
Vol 15 (8) ◽  
pp. 1231-1240
Author(s):  
Moldir Abaikyzy ◽  
Lazzat K. Yerkinbayeva ◽  
Kulyash N. Aidarkhanova ◽  
Gulnar T. Aigarinova ◽  
Nurzhan S. Baimbetov
Keyword(s):  
Developed Countries ◽  
Legal Regulation ◽  
Hazardous Substances ◽  
Practical Significance ◽  
Land Protection ◽  
Effective System ◽  
The Usa ◽  
Protection Legislation ◽  
European Standards ◽  
National Programs

The development of land legislation in the context of globalisation, the desire of countries to more widely implement global and European standards of environmental policies, as well as the interest in the experience of legislative solutions to problems connected with the design and development of legal institutions in environmental protection in foreign countries, determine the relevance of this study. The purpose of the paper is to identify the main problems of land protection legislation and form on their basis the effective system of environmental regulation, combining administrative and legislative instruments with economic, regulatory and market mechanisms. Analysis of international legal acts is used as the leading research method. Considered the positive experience of legal regulation of the land issue of such democratic states as the USA, Great Britain, and Germany and other developed countries. The authors propose to introduce the Concept for the Protection of Lands from Pollution by Hazardous Substances, as well as the development and adoption of regional and national programs in which a separate section should address issues of land protection from pollution by hazardous substances. The practical significance of the study is determined by the need to integrate the land legislation industry into national environmental legislation.

TRANSFORMATION OF TRADITIONAL MECHANISMS FOR PROTECTING THE COMPETITIVE ENVIRONMENT UNDER THE INFLUENCE OF NETWORK ECONOMY: THE PLACE OF BLOCKCHAIN IN THE REGULATORY SYSTEM AND NEW COMPETITIVE TOOLS (AGGREGATORS AND PRICE ALGORITHMS)

2020 ◽  
Vol 10 (5) ◽  
pp. 76-88
Author(s):  
KSENIA BELIKOVA ◽  
Keyword(s):  
Regulatory System ◽  
Legal Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Practical Significance ◽  
Competitive Environment ◽  
Blockchain Technology ◽  
Foreign Countries ◽  
Starting Point ◽  
Market Factors

This article is aimed at understanding the current state and necessity of transformation of traditional mechanisms for protecting the competitive environment under the influence of networking and the place of blockchain in the regulatory system in the context of applying new competitive tools (aggregators price algorithms) based on the experience of foreign countries, including the perspective and approaches of newest law enforcement (judicial) practice, taking into account the fact that its knowledge allowed and allows to successfully solve current problems of legal regulation in our country. The starting point of the research is network communication as a non-market type of communication. Based on analytical reflections on the information gathered from sources and literature from the list of references the author analyzes legal framework of competition protection developed in the new technological reality, takes into account the approaches of foreign countries and the Russian Federation that determine the acceptability of the application of blockchain in the field of legal protection of competition. The relevance, theoretical and practical significance of this research is due to the emergence of new tools (aggregators and price algorithms) of competitive market struggle in the light of application of a blockchain technology that might influence the competition. The author's results are presented, among others, in the idea of the possibility of “transfer” of anti-competitive actions (price manipulation and collusion, unequal sale / distribution of information / advertising, etc. conditions) to the niche occupied by price algorithms and aggregators of information, and the need to establish a new legal framework of these new market factors.

scholarly journals EXPERIENCE OF FOREIGN COUNTRIES AS TO PROTECTION AND DEFENDING OF AUTHOR’S AND RELATED RIGHTS ON MUSICAL COMPOSITION

2020 ◽  
Vol 33 (20) ◽  
pp. 53-57
Author(s):  
M.S. Utkina ◽  
A.I. Holovach
Keyword(s):  
Public Relations ◽  
Effective Means ◽  
Legal Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Musical Composition ◽  
The European Union ◽  
Musical Work ◽  
Unlimited Number ◽  
Foreign Countries

The modern European mechanism of author’s relations was defined in the article by authors. It was determined the achievements of European legislation on the convergence of legal and digital realities. The article deals with copyright issues on the Internet. The current state of development of the domestic music industry plays an important economic role. This is due, first of all, to the fact that the given sphere can generate a large part of incomes. Musical works accompany us in our daily lives. In particular, in most places on the streets music can be heard. However, the issue arises as to the legality of the use of the institution of this musical work, in particular the issue of infringement of the rights of authors and performers of such copyright and related rights. The era of the digital single market has the potential to distribute and scale to any work: the artist records his work, and furthermore, his work gains an unlimited number of listenings to an unlimited number of users. It is quite understandable the desire of the authors and performers to earn income from the music, but minimizing the number of reproductions of their work. It is for this reason that the question of finding the optimal and effective means of the legal protection of a work of music as an object of copyright and related rights is being updated, due to the need to align the national legal framework with the provisions of the legislation of the countries of the European Union. The object of the study is public relations, regarding the legal regulation of the protection and protection of a musical work as an object of copyright and related rights. The subject of the research is the legal norms of Ukraine and foreign countries, devoted to the problems of legal regulation of the protection and protection of a musical work as an object of copyright rights and related rights. Keywords: copyright and related rights, music, copyright, royalties.

Psychological and legal features of resocialization of convicted persons

2021 ◽  
pp. 40-46
Author(s):  
A. Romanova
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
Continuous Process ◽  
Legal Regulation ◽  
Practical Significance ◽  
Negative Consequences ◽  
Full Member ◽  
Self Actualization ◽  
Protection Of Human Rights ◽  
European Standards

Purpose. The aim of the article is to analyze the elements of resocialization of convicted persons, methods of influencing the process of formation of law-abiding behavior for life at large, as well as psychological and legal factors influencing the process of adaptation of convicted persons to lawful self- actualization at liberty. Methodology. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. Such methods of scientific cognition as terminological, system-structural, dialectical, comparative, logical-normative, and logical-semantic were used during the research. Results. In the course of the research, it is stated that resocialization of convicted persons is a continuous process aimed at the conscious restoration of the convict in the social status of a full member of society, which is hindered by socio-psychological deviations of legal awareness of the convict and society, the immediate environment of the person serving sentences. Resocialization of convicted persons should take place based on the respect for human rights and freedoms, in accordance with the principles of human dignity, as well as domestic and international normative and legal acts. Scientific novelty. In the course of the research, it is established that a full-fledged, effective process of resocialization should be aimed at correcting the distorted legal consciousness, lawful social and normative formation of a person in society, as well as preventing the negative consequences of forced isolation from society. Practical significance. The results of the study can be used in law-making to improve the current legislation and bring it closer to European standards in order to enrich the universal values that constitute the content of the requirements of natural law, as well as to increase the effectiveness of legal regulation of public relations through the enshrinement of guarantees for the implementation, provision and protection of human rights and freedoms in the current legislation.

Legal aspects of the brand protection in Ukraine and world

2020 ◽  
pp. 133-143
Author(s):  
Ivanna Babetska
Keyword(s):  
Public Relations ◽  
Practical Importance ◽  
Legal Protection ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Scientific Article ◽  
Protection Mechanism ◽  
Brand Protection ◽  
Wide Range ◽  
International Regulations

Purpose. The purpose of the scientific article is to establish the ratio of the meanings of the concepts "trademark", "brand" and "well-known" trademark and then to characterize their common and distinctive features. Indicate the gaps in current legislation and the need to refine certain rules in this aspect to determine the aspects of protection and protection of the brand. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, dialectical, logical-semantic, logical-normative, system-structural. Results: in the course of the conducted study, the main and optional components of the brand are determined, which make it possible to determine the features of its legal protection. It has been proved that despite a fairly wide range of domestic and international regulations, there are certain shortcomings of the brand protection mechanism. Originality. The study found that a trademark differs from a brand in that a trademark is a designation that is only the basis of the brand, as for the trademark are not essential such properties of the designation as a certain level of information among consumers and quality as a basis. gaining a reputation; the concept of "brand" is an evaluative, conditional concept, and therefore its consolidation at the regulatory level is impractical. It is sufficient to establish the factors on the basis of which the trademark can be considered "well known". A "well-known" trademark is a designation that is familiar to a wide range of consumers through its use to designate certain goods. Practical importance. The results of the study can be used in law-making activities for the purpose of legal regulation of public relations in the sphere of legal protection of the brand.

Regulatory relationship on use and environmental protection in the innovative sphere

2021 ◽  
Author(s):  
Olena Savchuk
Keyword(s):  
Sustainable Development ◽  
Environmental Protection ◽  
Innovation Policy ◽  
Scientific Work ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Main Body ◽  
Environmental Legislation ◽  
Regional Innovation ◽  
Regulatory Relationship

Problem setting. The functioning of legal relations of use and environmental protection is currently regulated by a number of regulations of different legal force and direction. All this legislation is aimed at ensuring a safe environment, stopping the negative climate change caused by industry, agriculture, low energy efficiency of buildings, lack of waste management system, as well as reducing carbon sequestration by the ecosystem. The object of research is the legislation that regulates the legal relationship regarding the use and protection of the environment in the field of innovation. The subject of the study is the state of the regulatory framework and legislative regulation of legal relations regarding the use and protection of the environment in the field of innovation. Analysis of recent researches and publications. Legal relations on the use and protection of the environment in the field of innovation have repeatedly attracted the attention of researchers. In particular, A.P. Hetman considered the issues of environmental and legal component of innovative entrepreneurship, G.V. Anisimova studied issues of environmental and legal aspects of regional innovation system, V.L. Bredikhina in the field of research were issues of legal support of environmental safety in the field of implementation innovation policy. Krasnova M.V. considered the introduction of innovative dominants of sustainable development in the environmental legislation of Ukraine. In addition, the scientific literature analyzed the legal basis for the introduction of innovative technologies in agribusiness (Bakai Yu. Yu.); legal support for the introduction of ecologically oriented innovations in Ukraine (Lebedeva T.M.), ecological innovation management in the mechanism of sustainable development (Zadykhailo D.D.). However, the study that would be aimed at analyzing the legal regulation of the use of environmental protection in the field of innovation was not yet, which prompted us to choose this topic of scientific work. Target of research is to identify and make proposals to current legislation in certain areas. The scientific novelty of the study is to make proposals to consolidate amendments to current legislation and proposals for the development of separate documents to regulate the functioning of legal relations of use and environmental protection in the field of innovation. Article’s main body. The normative-legal acts are researched, the scientific specialized literature is analyzed according to the chosen theme of scientific work. The need to amend the current legislation, the importance of developing regulations aimed at applying existing and developing new mechanisms to ensure the use and protection of the environment in the innovation sphere are identified and emphasized. Conclusions and prospects for the development. After analyzing the legal support for the functioning of legal relations of use and environmental protection in the innovation sphere, we came to the conclusion that today there is an urgent need to develop and implement a special legal act that would establish a set of measures to develop innovation in the use and environmental protection. The purpose of such a document, first of all, should be the mechanism of implementation of previously adopted regulations, expanding access to environmental information of the population, including interaction between scientific and educational institutions, the introduction of modern advanced technologies. As already noted during the dissertation, the issue we are considering goes far beyond just environmental legislation, so it should also be noted that the necessary harmonization of legislation between other institutions of law – economic, civil, tax and more. In addition to the above, I would like to emphasize that the Law “On Environmental Protection, acting as the main legislative document in the field of environmental relations does not enshrine issues of innovation, environmental innovation.

Criminal law as a means of protecting human rights and freedoms in the modern world

2021 ◽  
Vol 28 (3) ◽  
pp. 248-256
Author(s):  
Viktoriia V. Haltsova ◽  
Sergiy O. Kharytonov ◽  
Oleksandr M. Khramtsov ◽  
Oleksandr O. Zhytnyi ◽  
Andrii A. Vasyliev
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
Social Relations ◽  
Criminal Law ◽  
Legal Protection ◽  
Legal Regulation ◽  
Modern World ◽  
Legal Provisions ◽  
Protection Of Human Rights ◽  
Legitimate Interests

This paper is a comprehensive study of the problems of criminal law as a remedy for human rights and freedoms in the modern world. The relevance of this subject lies in the systematic violations of constitutional human rights and freedoms and the inaction of the criminal law in such cases. Nowadays, the criminal law as a remedy for human rights and freedoms in national and international law is described by imperfection in its adaptation to rapidly changing social relations, which, accordingly, leads to problems in their legal protection. There are various reasons for this in the legal sphere, such as gaps in the legal provisions, conflicts of legal regulation and inconsistency of the rules of legislation with existing public relations in the state. All of the above determines the relevance of the subject matter of this study. Thus, the purpose of this study was a comprehensive analysis of theoretical and applied issues relating to the remedies for human rights and legitimate interests against socially dangerous encroachments, and the formulation of scientifically sound proposals for improving the current legislation of Ukraine and the practice of its application in this area. Ultimately, this study identified the legal characteristics of human rights and freedoms at both the national and international levels. The remedies for rights were demonstrated through the lens of criminal law. In addition, the study analysed the forms of implementation of international practice in the national legislation of Ukraine as a remedy for human rights and freedoms in the modern world. The significance of the results of this study was expressed in the further research of related subjects concerning this issue, namely the history of the development of EU criminal law standards and the historical establishment of the concept of human and citizen rights and legitimate interests. Furthermore, the materials of this study can be used in the preparation of educational materials, methodological recommendations, as well as training in various fields of legal science. This, in turn, will allow properly using the criminal law protection of human rights and freedoms without violations on the part of criminal justice bodies

scholarly journals Financial and legal basis of the activities of the united territorial communities

2021 ◽  
pp. 54-58
Author(s):  
Ye. Ananieva
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Legal Regulation ◽  
Regional Governance ◽  
Budget Process ◽  
Scientific Publications ◽  
Scientific Discussion ◽  
Modern Economy ◽  
European Standards ◽  
Constituent Elements

Problems of legal regulation of local finances are considered in the works of lawyers, economists, sociologists, public administration specialists, from different positions of their formation, distribution and use in public relations, but in modern conditions of budgetary relations, namely – formation of budgets of united territorial communities, introduction of decentralization in regional governance, administrative reform, orientation of Ukraine to European standards and values of life, the concept of legal regulation of local finances, in particular, budget relations needs to be updated. Scientific publications investigate the problems of defining local finances as a basic basis for local government, which ensures the reproduction of the budget process and the development of regions, their constituent elements and purpose. However, at present the scientific discussion on the legal significance of local finances, their constituent elements, sources of formation and use continues, because in the modern economy a significant part of financial resources is formed and redistributed through budgets, which include budgets of united territorial communities. which, finally, as a legal institution is not defined. The development of local self-government from the standpoint of the government’s proposed decentralization of power provides for the purpose of creating high-quality living conditions for citizens, providing them with the necessary public services, development of material and social base of the region. These tasks are implemented in the presence of appropriate economic development of the territory, its financial support, which depends on the sources of budget and extrabudgetary funds and areas of their use.

scholarly journals Banking operations as an object of administrative and legal protection

2018 ◽  
Vol 81 (2) ◽  
pp. 28-37
Author(s):  
M. Y. Bukreev
Keyword(s):  
Financial Institutions ◽  
Banking Sector ◽  
Banking System ◽  
Legal Protection ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Norms ◽  
The Past ◽  
The Subject ◽  
Banking Operations

The subject matter of the research is the relations that are formed in the process of banking operations. It has been substantiated that banks and the banking system are among the most important financial institutions, which proper and stable functioning influences on all other spheres of life in the state. It is proved by the consequences of crises in the banking sector that have occurred in Ukraine over the past few years. Awareness of the importance of this area and the possible consequences of unlawful encroachments have determined the need to search for all legal means for combating delicts in the sphere of banking operations. Understanding the fact that one can achieve significant results in the sphere of protecting banking operations by administrative and legal means, has necessitated this scientific study. In order to analyze banking operations as an object of administrative and legal protection, the author has fulfilled the following tasks. The author has highlighted the use of the concepts of “protection” and “administrative and legal protection” in the context of their implementation in relation to banking operations. The foundations of Ukrainian and international administrative and legal regulation of protecting relations in the sphere of banking operations have been revealed. The essence and features of banking operations influencing the understanding of the sphere of protected relations have been outlined; and the content of administrative and legal protection of relations in the field of banking operations has been revealed. It has been noted that there is an extensive system of banking legislation on legal norms in Ukraine regulating banking operations that require legal protection. The practical significance of the obtained results of the article is determined by the substantiated provisions for improving the approaches to increase the efficiency of the administrative and legal protection of the relations in the sphere of banking operations. A number of practical results of the research can be used while studying administrative and legal means of protecting relations in the field of banking operations.

scholarly journals Judicial protection service and its analogues: a comparative legal research

2021 ◽  
Vol 10 (47) ◽  
pp. 47-53
Author(s):  
Oleg Reznik ◽  
Maryna Utkina ◽  
Mykola Starinskyi ◽  
Nataliia Isaieva ◽  
Liudmyla Kysil
Keyword(s):  
Public Relations ◽  
The United States ◽  
Law And Order ◽  
Law Enforcement Agencies ◽  
Organizational Issues ◽  
Foreign Countries ◽  
Close Cooperation ◽  
European Standards ◽  
High Level ◽  
Judicial Protection

The article's relevance is because the Judicial Protection Service is a relatively new institution, the creation of which was completed last year. However, analogs of such a service operate successfully in different countries (in particular, the United States, Canada). Effective maintenance of law and order during the court hearing is one of the main elements of the reform processes of the judicial system of Ukraine, which must directly meet European standards. Because of this, the issue of research of this institution in Ukraine and the possibility of implementing best practices in the functioning of its counterparts in foreign countries is relevant. The purpose of the study was to determine the characteristics of the judicial protection service and its analogs in different countries. The object of the study is the public relations that arise in the field of security and independence of the judiciary. The subject of the study is the principles of functioning of the judicial protection service and its analogs. The methodological basis of the study is a set of general and unique methods of cognition, in particular: dialectical, historical, descriptive, methodology of scientific analysis, and generalization—comparative law, structural-functional and analytical. Analyzing the experience of foreign countries in organizing the activities of similar institutions of the Judicial Protection Service, it was emphasized the high level of trust of judges in such judicial protection services and the close cooperation of the latter with law enforcement agencies. The authors of the article also emphasize that the formation and operation of institutions as the Judicial Protection Service directly depend on financial support, organizational issues, and personnel policy.

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