scholarly journals International Legal Protection of Animals: Problems and Prospects

2021 ◽  
pp. 122-132
Author(s):  
S. I. Tsygantsova
Keyword(s):  
International Law ◽  
Animal Rights ◽  
Legal Status ◽  
Legal Protection ◽  
Scientific Work ◽  
Well Being ◽  
Environmental Problems ◽  
Legal Regulation ◽  
Main Task ◽  
Legal Policy

INTRODUCTION. The purpose of this work is to identify the main problems of modern international legal protection of animals and the theoretical justification of the need to change their legal status (regime). The main task of the research is to study modern concepts that have already become the basis of international legal acts for the protection of various categories of animals, as well as ideas that have sufficient potential to lay the foundation for a more conscious attitude to other biological species. Furthermore, the research highlights significant shortcomings of the global legal policy on animal protection, which hinder the achievement of the main goals of international cooperation in this area. The research also suggests new approaches that can solve both ethical and environmental problems of human-animal relationships in the very near future. In addition, this scientific work provides various philosophical and legal arguments that confirm the need to assign a special legal status to animals.MATERIALS AND METHODS. The research examines the doctrinal positions of mainly foreign researchers and legal experts dealing with the problems of international legal protection of animals. This study uses the norms of some international legal agreements of a global and regional nature, as well as the provisions of recommendation documents. The research used general theoretical (analysis, synthesis, comparison, induction, deduction, abstraction, generalization, idealization, analogy, modeling, concretization, logical, systematic and comparative approaches) and special legal methods (historical-legal, formal-legal and the method of legal forecasting).RESEARCH RESULTS. Based on the results of the study, the author identifies the main problems of international legal regulation of relations on the conservation of biodiversity in the framework of the implementation of the concepts of environmental protection and sustainable development. In addition, the study highlights the most important achievements and significant gaps in the EU's legal policy on animal welfare. Through the synthesis and generalization of the main provisions of the concept of well-being and the concept of animal rights, this scientific work forms an idea of the most successful model of international legal protection of animals. Based on the obtained result, the study predicts the inevitable change in their legal status (regime) and the revision of the existing anthropocentric paradigm of modern legal science.DISCUSSION AND CONCLUSIONS. The vast majority of existing international legal agreements on the protection and use of animals protect the secondary interests of modern consumer society, where animals have a rank based on their usefulness, without taking into account their immanent value. If the trends of recent decades continue, the environmental goals set by international environmental law will remain unattainable. In order to solve a layer of ethical and environmental problems, it is necessary to abandon the anthropocentric approach, which permeates the entire system of international law, in favor of a more perfect organization of human relations with nature (for example, in favor of anthropocosmocentrism, cosmocentrism, biocentrism, etc.). In addition, the identification of animals with property does not correspond to modern ideas about them as sentient beings. It is unacceptable to treat them as «things» within the framework of national legal systems and international law. Regardless of whether they will have legal capacity or will lead a new, specific category of persons, animals must have a certain set of international legal guarantees.

scholarly journals Improvement of Information Technology and Its Impact on Information Security

2021 ◽  
Vol 11 (11) ◽  
pp. 15-21
Author(s):  
Vadim Avdeevich Avdeev ◽  
◽  
Olga Anatolievna Avdeeva ◽  
Vera Vladimirovna Smirnova ◽  
Ilya Mihajlovich Rassolov ◽  
...  
Keyword(s):  
Information Technology ◽  
Information Security ◽  
International Law ◽  
Legal Protection ◽  
Legal Regulation ◽  
Information Resources ◽  
Fundamental Importance ◽  
Special Importance ◽  
Effective Mechanism ◽  
Legal Policy

The article reveals the problems of information security in modern conditions with the globalization of international life, changing polycentric relations, taking into account the high rates of development in technical and information resources. The special importance of ensuring information security as an object of legal protection protected by international and national law is noted. The issues of eliminating conflicts in the norms of international law, preventing the possibility of their spreading to the territory of individual sovereign states, are being addressed. The correlation between the norms of international and national law emphasizes the expediency of improvement and adoption of new normative legal acts of universal and regional significance which can be used by member states when innovating national criminal and other sectoral legislation. It is a priority to improve international and national legal policy for the modernization of national legal systems for the prevention and combating of cybercrime. An effective mechanism of legal regulation for the objects to be legally protected is of fundamental importance for ensuring information security. Particular attention is focused on solving the issues of detection, disclosure and accurate legal evaluation of crimes and offences committed in cyberspace. The importance of the international community to establish universal standards to ensure information security is emphasized

scholarly journals Legal Peculiarities of Child Custody of Minor Parents with an Incomplete Parental Status

2020 ◽  
Vol 6 ◽  
pp. 22-25
Author(s):  
Ekaterina E. Lekanova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Protection ◽  
Legal Regulation ◽  
Minor Parent ◽  
The Family ◽  
The Russian Federation ◽  
A Minor ◽  
The Guardian ◽  
Family Code

Despite the existence of an article in modern Russian legislation on the legal status of minor parents, many legal issues related to the implementation and protection of the rights, duties, interests of a minor parent and his child remained outside family legal regulation, which exacerbates the already difficult problem of legal protection of early parenthood. Moreover, the provisions of Article 62 of the Family Code of the Russian Federation are very inharmoniously combined with the rules of guardianship of minors. The aim of the work is to analyze the legislation on the legal status of minor parents and guardians, to identify the legal characteristics of the care of a child of minor parents. The author concludes that the features of the care of a child of minor parents, in addition to the age of one or both parents, in the case of the appointment of a guardian include: a combination of parenthood and guardianship; unequal opportunities for the care of a child by a minor parent who is not able to independently provide care, and by the legal representative of the child of the minor parent; special (additional) grounds for terminating guardianship of a child of minor parents; the need for the guardian to live together not only with the child in care, but also with his parent. The norms of paragraph 2 of article 62 of the Family Code of the Russian Federation and paragraph 2 of article 29 of the Federal law «On Guardianship and Custodianship» should be adjusted. It is proposed to introduce special rules for the selection of the guardian of a child of a minor parent, which would properly ensure the right of the minor parent to live together with the child.

scholarly journals Multinational (Transnational) Companies as Subjects of Public International Law // Multinacionalne (transnacionalne) kompanije kao subjekti međunarodnog javnog prava

2017 ◽  
Vol 7 (7) ◽  
pp. 110
Author(s):  
Boris Krivokapić
Keyword(s):  
International Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Multinational Companies ◽  
Legal Capacity ◽  
Legal Personality ◽  
Transnational Companies ◽  
The One ◽  
International Legal Personality

The paper deals with international legal status of multinational (transnational) companies. The first part gives an overview of this entities and the specifics of their role in the modern world.In the second part, the author deals with the elements of international legal personality of multinational (transnational) companies. Such as international legal regulation of the position of these entities, their specific rights and obligations under international law, international responsibility, process subjectivity before certain international judicial bodies and the special relationship (partnership) with international organizations. It should be added that not only that international law acknowledges their existence, but also multinational companies themselves at least in part influence the development of that law.In the concluding remarks the author notes that multinational (transnational) companies do not have all the elements of a full international personality, the one that is inherent to states. However, even if not complete their personality is beyond doubt. Although between them, depending on the case, there are major differences, there is no dispute that, from the perspective of international law, at least some multinational companies have the legal capacity (the ability to be the holder of a larger or smaller circle of rights and obligations established by international law), legal capacity (the ability to conclude international agreements, create international custom, etc.), tort capacity (the ability to provide for the legal bears responsibility for violating the norms of international law), process capability (active and passive legitimacy before some international courts), etc. In all likelihood, along with the expected further strengthening of the economic, but also political and every other power and role of the companies themselves, their international personality will also become more and more developed, At one point this will require global (universal) agreement which would precisely define rights, but, in particular, the duties and responsibilities of these entities.

NATIONAL MECHANISMS OF REGULATION OF CROSS-BORDER COPYRIGHT RELATIONS AIMED AT PROTECTION OF ORPHAN WORKS

Lex Russica ◽  
2019 ◽  
pp. 18-29
Author(s):  
G. K. Dmitrieva ◽  
O. V. Lutkova
Keyword(s):  
International Law ◽  
Legal Protection ◽  
Single Copy ◽  
Legal Regulation ◽  
Copyright Holder ◽  
Conflict Of Laws ◽  
Cross Border ◽  
The Usa ◽  
The Right ◽  
The Eu

The article has investigated the mechanisms of the national (both legal and non-legal) regulation of orphan works, i.e. works the holder (holders) of rights to which is (are) not identified and/or the location of the rights-holder is not established. Orphan works are supposedly protected by copyright, which means the validity of exclusive rights and the potential need to obtain permission from the copyright holder for any form of using the works under consideration, namely: reproduction including digitization, translation, processing, etc. However, in a situation where the right holder is not determined (is unavailable), the user does not have an objective opportunity to obtain such a permission, and the work actually remains unknown to the society, although it can be of artistic, cultural or historical value. Since the beginning of the new millennium, the national legal systems of a number of States have establish a special regime for the legal protection of orphan works, and about 20 states of the world have developed the foundations of such a regime so far. The article analyzes the regulation of orphan works in several states — in the EU and its member states, Great Britain, the USA, Canada, Korea, Japan, India. The authors have determined the foundations of the substantive and conflict of laws regulation of cross-border relations regulating orphan works. Features of regulation of works with an unidentified author in the era of a network society are highlighted: in particular, the need to digitize orphan works, since many of them are in a single copy on the medium ruined by time, and the fact that the digitized work can instantly spread from databases to other jurisdictions. The authors provide for the forecast of possible ways of evolution of legal regulation of relations in question with the use of mechanisms of national and international law.

scholarly journals International Environmental Protection in Armed Conflicts: Traditional Legal Regulation and Interpretation Novelties

Lex Russica ◽  
2021 ◽  
pp. 84-95
Author(s):  
N. A. Sokolova
Keyword(s):  
International Law ◽  
Environmental Protection ◽  
Natural Environment ◽  
Armed Conflict ◽  
Legal Protection ◽  
Legal Regulation ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Wide Range

The paper is devoted to international legal protection of the environment during armed conflicts. The author emphasizes that armed conflicts, both international and non-international, continue to be one of the most serious threats to a healthy environment. An armed conflict taking place in the environment invariably poses a threat to ecosystems.The author summarizes that in international law there are special norms for the protection of natural environment during armed conflicts. At the same time, increasing the level of protection requires a clearer definition of the scope of application of customary law and the further development of treaty rules. While the objectives of protecting the natural environment are linked to the survival and protection of civilians, recognition of environmental protection during armed conflict as such constitutes an important trend. International law calls on States to enter into agreements that provide for additional protection of the natural environment during armed conflicts. The concept of “protecting the natural environment” in international humanitarian law refers to a wide range of obligations that can help protect the natural environment or its parts from damage. A high threshold for potential harm continues to pose the risk that such protection is not fully applicable in practice. There is an obvious tendency to use the potential of the principles of international environmental law when applying the norms of international humanitarian law. Thus, even in cases where the assessment of new means and methods of warfare does not provide scientific certainty with regard to their impact on the natural environment, this does not absolve the parties to the conflict from taking appropriate precautions. It is not enough that there are important rules of international humanitarian law protecting the natural environment during armed conflict; they need to be better disseminated, implemented and enforced, as well as validated and clarified.

scholarly journals THE CONCEPT OF THE ADMINISTRATIVE AND LEGAL TRANSFORMATION OF CONSTITUTIONAL ORDER, SECURITY AND RUSSIA'S WELL-BEING PROTECTIVE MANAGEMENT

2017 ◽  
Vol 21 (3) ◽  
pp. 148-154
Author(s):  
E. V. Pozdnyakova
Keyword(s):  
Civil Rights ◽  
Legal Protection ◽  
Well Being ◽  
Functional System ◽  
Legal Regulation ◽  
Integrated System ◽  
System Stability ◽  
Constitutional Order ◽  
Vital Functions ◽  
Legal Security

This article presents the concept of the administrative and legal transformation of constitutional order, security and Russia's well-being protective management. The author reveals the idea of protective management as an integrated system of measures, taken by the Russian Federation legislation, used to ensure the adequate implementation of subjective rights. Special attention is paid to a comparative analysis of such legal concepts as "administrative and legal security" and "administrative and legal protection" of the constitutional order, security and Russia's well-being. Noting the fact that these concepts can be united by common objects, objectives and the administrative-legal protection regime, the author points out that the methods for achieving them are deifferent and they do not coincide at all. Based on the research results, the following objectives of the administrative and legal transformation of protective management are highlighted: the Russian statehood preservation as a single territorial integrity of the state, ensuring the national democratic system stability, preserving civil-society institutions, human and civil rights and freedoms, and especially preventing threats to economic crises. With the help of linguistic analysis, the legal category "administrative and legal support" is revealed. And in this context, it is logical to conclude that the concept of "administrative legal protection" can be viewed from several positions: both as a combination of different means and conditions aimed to carry out certain tasks of vital functions of the functional system and as the process of creating and providing these means and conditions At the same time, it is clarified that the content of administrative and legal protection of the constitutional order, security and Russia's well-being is not limited to legal norms and lawmaking. The author points out that the concept of "administrative legal protection" differs from the term "legal system", and also compares it with the categories "lawmaking", "legal regulation" and "legal means". To sum it up, the author concludes that the administrative and legal transformation of the constitutional system, security and Russia's well-being protective management acts as a set of standards and legal activities of authorized entities.

scholarly journals Legal Convergence as a Trend of Global Legal development. Review of the Monograph: Bezborodov Yu.S. “Methods and Forms of Legal Convergence in International Law”. Moscow, Prospect, 2020. 240 p. (in Russian).

2020 ◽  
pp. 145-153
Author(s):  
R. M. Khalafyan
Keyword(s):  
International Law ◽  
Methodological Approach ◽  
Scientific Work ◽  
Legal Regulation ◽  
Current Phase ◽  
Legal Systems ◽  
Legal Analysis ◽  
Legal Doctrine ◽  
Social Phenomena ◽  
Scientific Methods

INTRODUCTION. The review reflects the specifics of the methodological approach, implemented by Yu.S. Bezborodov in the analysis of the current phase of interaction between national legal systems and international law. Reference is made to the creation of a new conception that employs the notion of legal convergence to reveal the mechanism of getting national legal systems affinitive to each other. Attention is drawn to the content of legal convergence, the reasons for its dissemination, the link with international law as well as the correlation of convergence with related categories – globalization, universalization, sovereignty, etc. The author’s views on the interrelation between sovereignty and supranationality, universalization and localization as conditions of functioning of international law, constituting the predominant basis of convergence of national legal systems, are presented. The evaluation is given to the author’s position concerning the methods of legal convergence, in particular international legal integration. The emphasis is given to correlation of the presented forms of legal convergence. It is pointed out that comparative and legal analysis of integration in different regions of the world, including in the post-Soviet space, is important for understanding the current results of legal convergence.MATERIALS AND METHODS. The study is based on the conclusions and approaches formulated in the peer-reviewed monograph as well as the materials of the domestic and international legal doctrine on the subject-matter concerned. In writing the review the author used general and special scientific methods.RESEARCH RESULTS. The convergence of national legal systems and international law is influenced by different processes either inherent to the mechanism of international legal regulation or extraneous to it. They are distinguished by their considerable specificity and varied character. However, they do not impede legal convergence to be realized through various forms and methods.DISCUSSION AND CONCLUSIONS. The review of the scientific work led to the following conclusions: a) the author managed to present his own non-contradictory conception of convergence of national legal systems and demonstrate its connection with a number of current social phenomena; b) the monograph provides convincing arguments for the proposed forms and methods of legal convergence; c) the comparative legal characteristics of the regional international integration organizations are detailed and allows to form quite complete and correct comprehension of them. In addition, the review outlines a number of issues interesting for further discussion.

PROBLEMS OF LEGAL REGULATION OF TRAINING OF SCIENTIFIC AND SCIENTIFIC-PEDAGOGICAL PERSONNEL IN POSTGRADUATE STUDIES

2021 ◽  
Vol 3 (3) ◽  
pp. 181-195
Author(s):  
А.V. Gabov ◽  
A.E. Sherstobitov
Keyword(s):  
Higher Education ◽  
System Analysis ◽  
Scientific Work ◽  
Legal Regulation ◽  
Educational Process ◽  
Main Task ◽  
Historical Method ◽  
Postgraduate Studies ◽  
The Difference ◽  
Expert Community

Introduction: this article discusses the problems of the institute of postgraduate studies (adjunct studies). The discussion on these issues has been dividing the entire scientific expert community into two camps for quite some time. The experts who make up the first of these camps believe that postgraduate studies (adjunct studies) are one of the levels of higher education. The experts who make up the second camp insist that the main task of postgraduate studies (adjunct studies) is to train a scientific researcher, not a teacher; accordingly, graduate students (adjuncts) should not attend courses of lectures and pass exams, but engage in scientific work. The relevance of the issue is explained by the discussion of a number of legislative initiatives aimed at changing the legal regulation of postgraduate studies (adjunct studies). Purpose: to show ways to solve the problems of the institute of postgraduate studies (adjunct studies), including by evaluating the draft changes in regulations. Methods: system analysis, historical method. Results: analyzed documents of a political and legal nature, as well as draft regulations aimed at reforming the institute of postgraduate studies (adjunct studies), formulated directions for its improvement. Conclusions: according to the authors, the institute of postgraduate studies (adjunct studies) is not compatible with the system of higher education because of the difference in goals that are achieved in the educational process and in the preparation of scientific research in postgraduate studies (adjunct studies), so that there is no and can be no other way than complete and decisive withdrawal of the institute of postgraduate studies (adjunct studies) from absolutely alien to him sphere of higher education in the sphere of science; only in this case, you can count on the revival of this truly important form of training scientific and pedagogical personnel of the highest category.

scholarly journals REGULATING THE ACTIVITIES OF TRANSNATIONAL CORPORATIONS: EVOLUTION OF PRIORITIES

2021 ◽  
Vol 117 (4) ◽  
pp. 4-16
Author(s):  
HONCHAROVA Yuliia ◽  
UDOVENKO Maksym
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Status ◽  
Multinational Enterprise ◽  
Transnational Corporations ◽  
Transnational Corporation ◽  
Legal Regulation ◽  
International Community ◽  
Special Focus ◽  
The Subject

Background. The legal status of TNCs in international law has become a separate topic of scientific discussions, which, among other things, concerned the influence of TNCs on the sovereignty of states. Digitalization, globalization and modern imperatives of formation of global value chains actualize the subject of relations between the international community and TNCs, which requires retrospective analysis, separation and substantiation of certain stages of formation of such relations. An analysis of recent research and publications has revealed that a comprehensive analysis of the evolution of international legal regulation of TNCs through the prism of the priorities of the international community has not been conducted, which determines the relevance of the study. The aim of the article is to analyze the genesis of the relationship between TNCs and the international community through the prism of the priorities of the international community at certain historical stages. Materials and methods. The normative basis of the study were UN documents, decisions of the UN International Court of Justice. The methodological basis of the study is general scientific and special legal methods of cognition. Results. The existing definitions of the terms «transnational corporation», «multinational enterprise», «multinational corporation», «global corporation», «group of multinational companies» in various documents of international law are considered. The genesis of the formation of international legal norms on the activities of transnational corporations is analyzed, the priorities of the international community in certain historical periods are highlighted. Key tasks for regulating the activities of transnational corporations are forecasted. Conclusion. The phenomenon of TNCs remains one of the imperatives in the development of international law and the subject of activity of international governmental and non-governmental organizations. It is established that the priorities of the international community are gradually changing in the direction of complexity - from the purely socio-economic situation in developing countries to the role of TNCs in achieving the Sustainable Development Goals, with special focus on protection of human rights in the activities of TNCs. Keywords: transnational corporation, human rights, United Nations, corporate responsibility.

scholarly journals Peculiarities of labor of medical and pharmaceutical workers: a comparative analysis of legislations of Kazakhstan and some OECD countries

2021 ◽  
Author(s):  
Guzal Gazinurovna Galiakbarova
Keyword(s):  
Comparative Analysis ◽  
International Law ◽  
Health Systems ◽  
Legal Status ◽  
Scientific Research ◽  
Labor Law ◽  
Oecd Countries ◽  
Legal Regulation ◽  
National Legislation ◽  
Comprehensive Study

  This article discusses some issues of labor regulation of medical and pharmaceutical workers, the peculiarities of health systems in some countries of the Organization for Economic Cooperation and Development, a comparative analysis of their experience and Kazakhstan is carried out. The specificity of the legal status of medical and pharmaceutical workers is also considered, which is explained by the fact that its regulation is based not only on general norms of labor law, but also on special regulations affecting various features of the activities of this category of workers. At the same time, it is noted that the basis of the legislative regulation of the work of medical and pharmaceutical workers is the generally recognized principles and norms of international law, as well as the norms of national legislation.  The article focuses on the fact that among the variety of sources concerning the legal status of various categories of workers, there is no separate comprehensive study devoted to the peculiarities of legal regulation of both medical and pharmaceutical workers, in connection with which the chosen topic of scientific research is updated.

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