scholarly journals Formation of legal framework for transportation safety in Ancient Rus’

2020 ◽  
pp. 53-67
Author(s):  
Aleksandr Ivanovich Sidorkin
Keyword(s):  
Legal Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Climatic Conditions ◽  
Transportation Safety ◽  
Transportation Services ◽  
State Institutions ◽  
Water Transportation ◽  
Legal Method ◽  
Initial Stage

The subject of this research is the problems of ensuring transportation safety at the initial stage of establishment of Ancient Rus’. The author explores the origins of formation of the national legal framework for ensuring transportation safety; as well as describes the transition from extralegal means of ensuring transportation safety (physical armed defense of the subjects of transport relations) towards legal regulation of this issue. The platform of transportation safety of that time was based on the variety of transportation services, first and foremost, international. Emphasis is made on the natural-climatic conditions, due to which the East Slavs put the problem of ensuring safety of water transportation to the forefront. Application of the narrative method of research allowed structuring a logically consistent image of the formation of legal framework for ensuring transportation safety in its historical development. The comparative legal method allowed analyzing the processes of formation of legal framework for ensuring transportation safety in the countries that dealt with Ancient Rus’ in this field. The author supports an opinion on infeasibility of juridification of relations in the area of transportation safety in the pre-state period; only with the emergence of state institutions in the territory of East Slavs, they take on the functions of legal protection of the subjects of transport relations. The first international agreements of the Kiev State and the Novgorod Feudal Republic confirm this conclusion.

Dispositive Model of Active Legal Capacity of People with Mental Disabilities in France and Quebec in the Context of the Russian Civil Code Reform (Part II)

2021 ◽  
pp. 80-87
Author(s):  
Terdi E. S. ◽  
◽  
Skrynnik I. K. ◽  
Keyword(s):  
Mental Disorder ◽  
Legal Protection ◽  
Legal Regulation ◽  
Civil Code ◽  
Point Of View ◽  
Legal Capacity ◽  
Persons With Disabilities ◽  
Legal Norms ◽  
Leading Role ◽  
Legal Method

The article is devoted to the problem of the inconsistency of the Russian imperative model of active legal capacity, according to which the content of active legal capacity in case of its restriction due to mental disability of a person is prescribed by the law, to the Convention on the Rights of Persons with Disabilities ratified by Russia in 2012. The purpose of the paper is to demonstrate the shortcomings of the imperative model, the main of which is the lack of authority of the Russian court to individually determine the consequences of restriction of active legal capacity of a person due to mental disorder, taking in account degree of actual decrease of his cognitive and volitional abilities. This purpose is achieved by the consistent implementation of the following tasks. First of all, characteristic of the Russian imperative model of active legal capacity is given. Secondly, the French dispositive model of legal capacity is described. In this model the forms of legal protection, but not the categories of active legal capacity, incapacitation and restricted active legal capacity are the backbone concepts for the legal regulation of this group of relationship. It is noted that under the influence of the Convention on the Rights of Persons with Disabilities the more progressive, from the point of view of international law, forms of this model are stipulated in many foreign countries. Thirdly, the evolved form of the French dispositive model of active legal capacity, implemented in the Bill 18 «An Act to amend the Civil Code, the Code of Civil Procedure, the Public Curator Act and various provisions as regards the protection of persons», that was adopted by the National Assembly of Quebec in 2 June 2020, is analyzed. The main advantage of the latter is that the court, establishing the form of protection, is not bound by the legal norms that imperatively determine the content of active legal capacity of a person with mental disorder. The court is able, based on the cognitive and volitional abilities of particular person, to individually determine which acts person can perform by himself, alone or with the assistance of the tutor, and which one can be performed by the tutor only. The objectives of the study determine the leading role of the comparative legal method in its implementation. The provided research makes possible to assess the perspectives of borrowing of French or Quebec dispositive models of active legal capacity of people with mental disorder by the Russian legislator.

scholarly journals Legal Framework for Regulating Physical Education and Sports in Kuzbass (1985–2008)

2020 ◽  
Vol 2020 (2) ◽  
pp. 161-167
Author(s):  
Vladimir Kazmin ◽  
Margarita Kazmina ◽  
Evgeniya Yuzupkina
Keyword(s):  
Soviet Union ◽  
Physical Education ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Transitional Period ◽  
Soviet Period ◽  
Legal Norms ◽  
Legal Method ◽  
Wide Range

The paper features legislative regulation of physical education and sports in different historical periods. The research objective was to describe the legal framework of the Soviet and post-Soviet periods in order to use the experience in modern conditions. The study was based on the following scientific principles and methods. The principle of scientific research made it possible to use of a wide range of published and unpublished archival documents and scientific sources. The principle of historicism allowed the authors to identify the state of legal regulation in various historical epochs, as well as the nature of the changes they underwent. The comparative legal method helped identify the nature of the legal framework, its content in the Soviet period, and the qualitative changes that occurred after the collapse of the Soviet Union. As a result, the authors identified a number of stages in the development of the legal framework in question. The period of the Soviet legal norms lasted from the mid 1980s to early 1990s. During the transitional period of the 1990s, Russia was actively searching for legal regulation: the basic legislation was adopted in 1993, and the Law itself entered into force in 1999. The third period began when the state law on physical education and sport was adopted in 2008. Soon after that, a similar document was released in Kuzbass. In this regard, the development of sports law is a system of legal norms that regulate relations in the field of physical education and sports at the Federal and regional levels. The results of the research can be used in the development of the regulatory framework by Federal and regional legislative bodies, the scientific community, and lawyers involved in sports and physical education law.

scholarly journals Ensuring State-Legal Regulation On The Prevention of Agrarian Raids as a Form of Counteraction to the Offense and as a Mechanism for the Implementation of International Agricultural Cooperation

2019 ◽  
Vol 8 (3) ◽  
pp. 455
Author(s):  
Victor Beschastnyi
Keyword(s):  
International Development ◽  
Organic Farming ◽  
Comparative Method ◽  
Legal Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Practical Significance ◽  
The European Union ◽  
Moral Orientation

The tasks of developing international cooperation in the agrarian sphere between Ukraine and the international community, including the European Union, were determined. The existing reasons for the development of small and medium business representatives are analyzed. The updated structure of the object and the subject side - components of agrarian management is determined. The tendency of international development of organic farming is taken into account. The description and practical significance of the appropriateness of securing the terminological understanding of "raider", "peaceful possession of property" with the aim of unification of the norms of the national legislation with the international ones, including the European one, is given. The state-legal regulation on the way of preventing the offense from the standpoint of functioning of state bodies is considered. Due to the comparative method of scientific study, proposals for changes to the current normative and legal framework of Ukraine are determined. There is a distinction and the need to ensure legal protection and protection of the most vulnerable category of subjects. Today, it is the owners of land plots, including owners of land plots (shares), which have been given a land plot for private peasant farming, horticulture, gardening, subsidiary farming. In particular, such protection should be based on positions of economic, social, legal and moral orientation, which defines an integrated and systematic approach. The state authorities should, through their functional duties and through the authority to provide assistance to such economic entities.           Keywords: raiding, peaceful possession of property, agrarian sphere, organic farming, state-legal and state-private mechanism, international agrarian cooperation, agrarian raiding, "weapons" institute

scholarly journals Principles and procedure for forming temporary investigation commissions of the Verkhovna Rada of Ukraine

2021 ◽  
pp. 87-98
Author(s):  
Oleksandr Zozulia
Keyword(s):  
Public Interest ◽  
Legal Framework ◽  
Legal Regulation ◽  
Quantitative Composition ◽  
Structural Method ◽  
Legal Method ◽  
Current State ◽  
Depth Analysis ◽  
Rules Of Procedure ◽  
The Right

Realization an investigation by temporary investigative commissions of the Verkhovna Rada of Ukraine is one of the leading forms of parliamentary control in Ukraine. Nevertheless, their legal framework still needs to be improved, and parliamentary investigations are relatively infrequent with insufficient efficiency. In this regard, there is a need to study the current legal framework for the formation of temporary investigative commissions. The purpose of the work is an in-depth analysis of the principles and procedure for forming temporary investigative commissions of the Verkhovna Rada of Ukraine, determination their essence and features, as well as substantiation the priority directions for improving the constitutional and legal framework of their organization and activities. Methods. To solve the problems of the research, a number of methods of scientific knowledge were used, including formal-legal method, which determined the current state and problems of legal regulation of the formation of temporary investigative commissions. System-structural method – the unity and interrelation of the procedure of formation and termination of powers of temporary investigative commissions, staffing of their personnel are characterized; logical-semantic method – the essence of the grounds for the formation of temporary investigative commissions is revealed. Results. It is established that the formation of temporary investigative commissions for investigation certain «issues of public interest» allows to take into account the variability of such public interest and the objective impossibility of its exhaustive legal definition. However, this does not preclude the abuse of the right to form temporary investigative commissions in the absence of established parliamentary practice, traditions and political culture. The formation of the staff of the temporary investigative commissions based on proportional representation of each parliamentary faction (group) provides a majority in the temporary investigative commissions to the parliamentary coalition, which may be disinterested in conducting a thorough parliamentary investigation. Conclusions. It is substantiated that the development of constitutional and legal bases for the formation of temporary investigative commissions of the Verkhovna Rada of Ukraine should include expansion of constitutional guarantees for the formation of temporary investigative commissions and clarification of issues that cannot be the subject of parliamentary investigation. Other measures should be bringing the rules of procedure of the parliament in line with the relevant Law of Ukraine, taking into account the modern parliamentary practice of Ukraine and the experience of democratic countries, as well as application of disciplinary measures to members of the temporary investigative commission in case it fails to submit a report. It is also advisable prohibition of conducting parliamentary investigations into issues pending before the court, guaranteeing the opposition at least half of the seats in the temporary investigative commission, as well as legislative establishment of its minimum and maximum quantitative composition. The following measures should be establishing requirements for the professionalism and competence of the members of the temporary investigative commission and prohibition of combining senior positions in temporary commissions and committees of parliament.

scholarly journals Perlindungan Hukum terhadap Data Pribadi Pengguna Jasa Transportasi Online

2020 ◽  
Vol 1 (1) ◽  
pp. 1-7
Author(s):  
I Gusti Dama Galang Devara ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Service Provider ◽  
Personal Data ◽  
Legal Protection ◽  
Legal Regulation ◽  
Service Users ◽  
Transportation Services ◽  
Community Activities ◽  
Transportation Service ◽  
Civil Suit ◽  
Technological Developments

Technological developments have brought an impact on all community activities, one of which is the emersion of online transportation services such as those provided by Gojek, Grab, Uber, and others which do not only provide the services of riding but also the services of the delivery of goods, food and others. Using online transportation services requires users to download the application and register themselves. However, the personal data of the service users are often misused by drivers for certain reasons and purposes. To overcome and anticipate this, a strict legal regulation appearing as the legal umbrella to protect each online transportation user from misuse of their personal data by the driver is necessary. This study examines the forms of legal protection for users of online transportation services. Conducted in the design of normative legal research, the study makes use of articles and paragraphs of the laws on transportation and several other related laws. The results of the study indicate that legal protection for users of online transportation services from misuse of their personal data takes the form of repressive legal protection. Online transportation service users are permitted to file a civil suit to the online transportation service provider and to file a direct criminal suit regarding the acts of the driver, not on behalf of the online transportation service provider. Efforts to resolve the dispute-causing acts of misuse of personal data of online transportation service users can be made through deliberations, arbitration and courts. The three forms of settlement are in accordance with Article 45 Paragraph (1), (2) of the Indonesian Basic Agrarian Law and Article 6 of the Arbitration Law. Regarding the act of arbitrary canceling the use of online transportation services by service users appears a crucially urgent object to be studied from a legal perspective in the next studies.

scholarly journals Likumības princips civilprocesā: formālas lietu vešanas kārtības pamats civillietās

2021 ◽  
Vol 1 (19) ◽  
pp. 110-119
Author(s):  
Ivars Kronis
Keyword(s):  
Civil Rights ◽  
Legal Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Legal Norms ◽  
Substantive Law ◽  
Available Information ◽  
Subjective Rights ◽  
Principle Of Legality

Rakstā tiek apskatīts jautājums par likumības principa izpausmi un saturu civilprocesā. Pētījumā tiek aplūkoti likumības principa procesuālie un materiāli tiesiskie jautājumi. In the article, the author examines the matter of the expression and content of the principle of legality in civil procedure, more specifically focusing on the procedural and substantive problems of the principle of legality. Civil procedure is universal as a compulsory form of protection of subjective rights or, in other words, civil procedure is a procedure for compulsory exercise of civil rights, which is reduced to a set of norms that determine the type of actions of both existing legal protection institutions and persons who use this protection or are involved in it in any other way. Legality plays an important role in this regard. Legality means a state of life of the society which, firstly, has a legal framework, which is not logically contradictory and which generally meets the objective needs of this society and, secondly, natural and legal persons respect and follow the legal norms adopted. In civil procedure, this is not only a principle, but also one of the aims of legal proceedings. According to its content, the principle of legality includes, firstly, the requirement that the courts apply the norms of the substantive law correctly and carry out procedural actions in accordance with the legal norms; secondly, the requirement that other participants of the procedure comply with the procedural and substantive legal regulation when adjudicating and considering civil cases in court. Thus, the principle of legality includes procedural and substantive components. The aim of the article is, by analysing the moral-legal content of the principle of legality, to evaluate the aspects of its application. Material and methods used in the study for the empirical basis of the research include scientific works and collections of articles, publications in periodicals and primary sources, laws, internet resources, as well as other publicly available information. Analytical, inductive and deductive research methods have been used in the research.

scholarly journals Regulation of beekeeping as a vector of green economy’s institutional development

2021 ◽  
Vol 937 (3) ◽  
pp. 032120
Author(s):  
T Skvortsova ◽  
T Epifanova ◽  
T Pasikova ◽  
N Shatveryan
Keyword(s):  
Legal Status ◽  
Legal Protection ◽  
Institutional Development ◽  
Legal Regulation ◽  
State Regulation ◽  
Green Economy ◽  
Legal Norms ◽  
Legal Method ◽  
Logical Method ◽  
Cis Countries

Abstract The purpose of the article is to study the aspects of beekeeping regulation as a vector as a vector of green economy’s institutional development. To achieve the objectives indicated, the authors analyze the legal status of bees as objects of legal regulation and legal protection; the beekeeping activity and the legal status of beekeepers and their associations; the issues of state regulation of beekeeping activities. In the course of the study the authors applied the systemic and structural-functional methods of scientific knowledge, the comparative legal method, the method of interpreting legal norms, as well as the logical method. As a result of the study, conclusions were drawn about the need to improve the regulation of beekeeping activities both by the norms of the national legislation of Russia and at the level of the CIS countries. A coordinated state policy to support beekeeping activities within the CIS could significantly affect the development of beekeeping in the CIS countries. In this regard, the proposed measures to improve the legal regulation of beekeeping in Russia and to create mechanisms for state support of beekeeping in the CIS countries are proposed as a vector of institutional development of the green economy.

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 LEGAL SUPPORT TO THE PROTECTION OF LAND AND SOIL IN LIGHT OF NEW REGULATIONS OF UKRAINE

2021 ◽  
Vol 1 (2) ◽  
pp. 35-47
Author(s):  
Svitlana Khominets
Keyword(s):  
Legal Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Soil Protection ◽  
Land Resources ◽  
Ecological Functions ◽  
Chronological Sequence ◽  
Legal Contexts ◽  
Environmental Interests

In this article, regulations on land and soil protection are studied in a chronological sequence and in the historical and legal contexts. The main factors responsible for the deterioration of the quality of land resources and the soil environment are identified. The modern regulatory framework providing legal support to land and soil protection is analyzed. Among the current problems is the improper land-use triggered by inadequate legal regulation concerning pollution, depletion, degradation, and reduced fertility of soil. Appropriate legal protection to the ecological functions of the soil is absent. Further legal framework addressing rational use and protection of land resources (including soil) in Ukraine should be developed integrating environmental interests of society and ecological tenets of sustainable development.

scholarly journals Legal regulation of combating illegal migration in Ukraine and the EU

2021 ◽  
Vol 39 (71) ◽  
pp. 472-491
Author(s):  
Yurii Kuryliuk ◽  
Mariia Slyvka ◽  
Yaroslav Kushnir
Keyword(s):  
Illegal Immigration ◽  
Migration Policy ◽  
Organizational Structures ◽  
Legal Framework ◽  
Legal Regulation ◽  
Illegal Immigrants ◽  
Legal Interpretation ◽  
Illegal Migration ◽  
Initial Stage ◽  
The Eu

Through a methodology of legal interpretation and analyze the stages of formation of migration policy and legislation in Ukraine since its independence. It was determined that in the initial stage the main elements of the legal regulation of migration processes in Ukraine were the development of the legal framework on migration, the initiation of international cooperation and the creation of organizational structures that address migration issues. The article also analyzes the extensive system of normative acts developed in Ukraine today, aimed at the legal regulation of migration processes and the fight against illegal migration. In this context, the details of the fight against illegal immigration in EU countries are described. Finally, the guidelines for EU migration policy in the field of combating illegal immigration are studied. It is concluded that, unlike Ukraine, where the fight against illegal immigration is mainly limited to the establishment of prohibitions and fines for illegal immigrants, the EU has developed a system of incentives and measures aimed at supporting third countries, among other aspects.

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