Modern problems of legal regulation of relations in the field of training fire safety measures for employees of organizations

2021 ◽  
Vol 94 ◽  
pp. 96-104
Author(s):  
S. G. Androsenko ◽  

Introduction. The analysis of normative legal acts in the field of fire safety and education is carried out. Approaches to the organization of training in fire safety measures are analyzed. The discrepancy between the formally existing normative legal acts regulating the same social attitude is revealed, which leads to a conflict of legal acts that creates difficulties in implementing training for a certain category of employees of organizations. A solution to this problem is proposed by introducing amendments to certain regulatory legal acts. The purpose of the study is to solve the identified legal conflict (conflict of legal acts) by making changes to certain regulatory legal acts. Research methods. To obtain the results, we used general scientific and special methods of scientific knowledge – analysis, generalization, system-structural, technical-legal, comparative law. The results of the study. The analysis of normative legal acts in the field of fire safety and education is carried out. A legal conflict (conflict of legal acts) has been identified. A variant of solving this problem by making changes to certain regulatory legal acts is proposed. Conclusion. Using the results of the conducted research, it is possible to initiate a procedure for making changes to the existing regulatory legal acts regulating public relations in the field of fire safety and education, which will solve the problem of training employees of organizations to the fire-technical minimum. Key words: training, fire-technical minimum, additional professional education, professional training, regulatory legal act.

Author(s):  
Yuriy Boshytskyi

The article covers the result of theoretical modeling of the optimal state policy in the field of intellectual property. In particular,its elements are defined as follows: optimization of knowledge in the field of legal protection of intellectual property, legal consciousnessof citizens, protection of authors of objects of intellectual property from illegal encroachments by unscrupulous producers, etc. Ina market economy, legal regulation of intellectual creativity is of greatest importance. In this field the most serious problem is the lowlevel of legal culture of Ukrainian citizens and of education in the field of intellectual property. Due to this, there is inadequate professionaltraining of judges, employees of the Ministry of Internal Affairs, of the Security Service of Ukraine, of customs and tax services,and other specialists, whose activities are related to intellectual property relations. Thus, the article analyzes the inconsistencies of intellectualproperty legislation, the imperfection of the regulatory framework for regulating general issues of intellectual property, and thedistribution of rights to the results of creative activities, covered by budget funds. It is proposed to optimize legal regulation of invention,to improve public relations promoting positive influence of external factors on rates of acceleration and optimization of invention,on social orientation of invention, on realizing and coordinating interests of participants of an innovation cycle among themselves andwith the interests of society, on combining management mechanisms of economics and invention, on achieving the unity of the sociallydesirable goal of the scientific and technical cycle, etc.It is also stated that the effective development of the creation and use of objects of intellectual property and their effective andproper legal protection increasingly depends on the level of legal culture of citizens. It is substantiated that deepening legal culture ofcitizens and their legal awareness is an important factor in improving the protection of intellectual property in Ukraine as a whole.The legal culture of society covers all the achievements of the legal life of society, characterizes its growth in respect of values,its level of development, its perfection in the general context of social progress. The legal culture of an individual is a positive qualityof development of the legal life of the individual, which provides the necessary level of legal knowledge, understanding its social value,the ability to exercise one’s legal rights and to perform consciously one’s legal duties.The article offers the reinterpretation of the problem of cultural education of future lawyers, of the need for radical renewal ofthe organization and the implementation of professional training. In any society, along with the rule of law, there must also be the ruleof legal culture. Therefore, in the presence of the rule of cultural principles, the professional consciousness of a lawyer, the spiritualparameters of his legal actions could be formed.


Retos ◽  
2021 ◽  
Vol 42 ◽  
pp. 662-672
Author(s):  
Inna Bolokan ◽  
Georgiy Samoylenko ◽  
Maxym Tkalych ◽  
Bogdan Panchenko ◽  
Volodymyr Dmytriv

  Sports law is a relatively new phenomenon for jurisprudence in Ukraine. At present, there is no developed theoretical basis for responsibility in the field of sports in the domestic legal science. This publication is a study of world and national experience in solving this problem and is intended to be a source of further research in the field of sports law. The purpose of the study is to analyze the state of legal regulation of liability in the field of sports. The object of the study is the social relations that have developed in the field of sports law. The subject of the study is the public relations that have developed in the field of sports law in relation to legal and sports-competitive liability. Philosophical, general scientific and special scientific methods such as dialectical, system-structural, comparative-legal, and formal-legal methods acted as research methods. As a result of the work, the general features of legal regulation of sports sanctions in foreign countries were established, the terminology and conceptual schemes fundamental for legal doctrine were analyzed, the description of the state of research of the problem in the scientific environment is given, the national situation on responsibility in the field of sports is analyzed, typical examples of court cases in the researched aspect are specified, and also recommendations on improvement of the legal base are given.  Resumen: El derecho deportivo es un fenómeno relativamente nuevo para la jurisprudencia en Ucrania. En la actualidad, no existe una base teórica desarrollada para la responsabilidad en el campo del deporte en la ciencia jurídica nacional. Esta publicación es un estudio de la experiencia nacional y mundial en la solución de este problema y pretende ser una fuente de investigación adicional en el campo del derecho deportivo. El objetivo del estudio es analizar el estado de la regulación legal de la responsabilidad en el ámbito del deporte. El objeto del estudio son las relaciones sociales que se han desarrollado en el ámbito del derecho deportivo. El tema del estudio son las relaciones públicas que se han desarrollado en el ámbito del derecho deportivo en relación a la responsabilidad jurídica y competitiva deportiva. Actuaron como métodos de investigación métodos filosóficos, científicos generales y científicos especiales tales como métodos dialécticos, sistémicos-estructurales, comparativos-legales, formales-legales. Como resultado del trabajo se establecieron las características generales de la regulación legal de las sanciones deportivas en países extranjeros, se analizó la terminología y esquemas conceptuales fundamentales para la doctrina jurídica, se da la descripción del estado de la investigación del problema en el ámbito científico. , se analiza la situación nacional de la responsabilidad en el ámbito del deporte, se especifican ejemplos típicos de casos judiciales en el aspecto investigado, y también se dan recomendaciones sobre la mejora de la base jurídica.


2020 ◽  
Vol 2020 (3) ◽  
pp. 21-30
Author(s):  
Samofalov L.P. ◽  

The article addresses to analyze of the theoretical and legal issues of legal norms implementation. The implementation of regulations contained in laws and other regulations means the implementation in public relations, the behavior of citizens, the will of the legislator and other interrelation subjects. In science, there is an opinion that the concept of action of law is along with the concept of realization of law. Law implementation of the concept is multifaceted. Its condition is influenced by the norms quality, the mechanism of their action, material security, level of public consciousness, professional training of those persons who carry out law enforcement activities. The legal norms implementation is a consistent concretization and translation of objective possibilities through their subjective awareness and expression of will in the real behavior of the subjects. The consequence of the legal norms implementation is legal behavior. Legal behavior may be lawful or unlawful. Analysis of the scientists` views shows that the concept of legal behavior is different. Specialists in the field of theoretical and legal science nowadays distinguish such forms of implementation of legal norms as compliance, implementation, use and application. Each specific form depends on the nature of the subjects` actions. The first three forms are called forms of direct realization of the law, since they are implemented by the direct actions of the subjects of certain legal relations. But where these forms are insufficient to ensure a certain implementation of legal norms, the necessary intervention in the process of the authorities, there is a special form of application. Appropriate legal relations are required for the legal norms implementation. Considering the legal relations signs, it should be noted that the approaches of each of the scientists to this issue are different. Implementation is manifested through the content of legal relations, which primarily includes subjects who must have legal personality, to have the ability to be the bearer of rights and responsibilities, exercise them and be responsible for behavior that is contrary to the legal norms. Considering the above mentioned we can draw the following conclusions, in particular: legal behavior is the basis for the emergence of legal relations and the realization of subjective rights of citizens, it is covered by the possibility and validity of legal regulation; law implementation is a legal mechanism that includes the behavior itself, its implementation in appropriate legal forms and in legal relations; law implementation can be carried out both within specific and general legal relations; legal relations have their own structure and requires a certain type of legal behavior. Key words: law implementation, norms of law, legal behavior, forms of implementation, legal relations, structure of legal relations, legal facts.


2015 ◽  
Vol 10 (4) ◽  
pp. 584-585
Author(s):  
Masafumi Hosokawa ◽  

Fire departments are expected to respond quickly and effectively to disasters by extinguishing fires and rescuing those in harm’s way, for example. They are also required to prevent fires and disasters by enforcing fire-prevention measures at hotels and care facilities and to monitor safety measures in facilities storing hazardous materials. Concerns have arisen that destructive disasters may occur due to environmental changes in local communities or due to the Tokyo Metropolitan earthquake or Nankai Trough earthquake. To ensure that fire departments use their firefighters, materials and equipment effectively to prevent or control fires and reduce damage of disasters, research and development (R&D) on fire safety and disaster preparedness must be conducted actively and resulting findings must be applied in advanced fire safety and disaster preparedness activities. Fire safety R&D in Japan is undertaken by the National Research Institute of Fire and Disaster,which is the research organ of the Fire and Disaster Management Agency. Here R&D is being conducted on safety measures for facilities storing hazardous materials, fire-fighting robot technology, and fire extinguishing techniques. Fire departments in major cities also study firefighting operations and advanced materials and equipment. Although the number of institutions directly conducting fire safety R&D is limited and allotted research and development budget is extremely small. Private-sector R&D in fire safety unfortunately cannot be described as vigorous because it focuses on equipment used by fire department personnel and fire-safety facilities required by law, such as fire engines and rescue materials and equipment, fire sensors, fire extinguishing systems, etc., whose market is limited. To conduct innovative fire extinguishing R&D on equipment that could dramatically improve fire-fighting efficiency, it is important to inform research institutions and private firms of the issues and needs in fire safety rather than to make efforts solely among organizations involved in fire safety and to conduct research by engaging a wide range of researchers from the pure sciences in practical technologies. The Fire and Disaster Management Agency of the Ministry of Internal Affairs and Communications set up a competitive research funding effort in fiscal 2003 called Promoting Program for Scientific Fire and Disaster Prevention Technologies (Competitive Research Funding Program) to promote R&D based on the collaboration of industry, academia, and the national government. This competitive research program solicits research proposals for promoting advances in fire safety and disaster preparedness science and technology and achieving safe and secure society. It involves researchers in industry, academia, and government and provides funding for proposals considered worth promoting. Some 104 studies had been completed under this program by fiscal 2014. The Kitakyushu municipal fire department, for instance, proposed developing a fire extinguishing composition able to extinguish fires using only a small amount of water. After building a system for collaboration with the University of Kitakyushu and local industries, they developed such a composition based on a natural surfactant whose use has greatly reduced the environmental load and whose performance meets the needs of fire-fighting operations conducted by fire department personnel in general fires. The team earned the Minister of Internal Affairs and Communications Award in the Fifth Merit Awards for Industry/Academia/Government Collaboration in fiscal 2007. In publishing the special issue on Fire and Disaster Prevention Technologies edited by Prof.Tomonori Kawano, Prof. Kazuya Uezu, and Prof. Takaaki Kato of the Research and Development Center of Fire and Environmental Safety, the University of Kitakyushu, it is shown that fire safety and disaster preparedness R&D undertaken by universities, local industries, and fire departments in Kitakyushu is proceeding on in an expanded scale. It is hoped that such undertakings and their findings will be extended to other areas, thus further promoting R&D in fire safety.


Author(s):  
Aleksandr Kumohin ◽  
Aleksandr Antonovskiy

The article considers the main aspects of craft activity in modern society and reviews the literature on craft education as one of the directions of development and improvement of professional education. The main organizational, technological and psychological characteristics of handicraft activity are highlighted. The analysis of trends in the development of professional work in the context of providing professional training for handicraft business is carried out. The main problematic areas of handicraft activity are noted: the lack of legislative and regulatory documents regulating the field of handicraft; federal state educational standards in the field of training of handicraft personnel have not been developed in vocational education; professional standards have not yet been developed for existing handicraft professions and craft activities; the lack of educational and scientific literature on handicraft activities and craft professions, which limits the opportunity to master craft education. Currently, the development of handicrafts is on the path of complicating the performance of professional activities. Modern craft education requires significant intellectual investment associated with the idea and design of future products, the presence of imagination and creativity in their work, an important role is played by the ability to build and maintain interpersonal relationships with various groups of people involved in the structure of the organization of a craft enterprise. Today, the organization of handicraft work requires a certain professional training with the need to form professional competencies of various directions (technological, legal, economic, pedagogical, aesthetic, etc.), which, in turn, will be able to stimulate professional improvement and professional development in handicraft activities.


2021 ◽  
Vol 937 (3) ◽  
pp. 032062
Author(s):  
Nikolay Saraev ◽  
Gennady Pratsko ◽  
Yuriy Demidchenko ◽  
Irina Khilchevscaya

Abstract Purpose: The purpose of this work is to study the patterns of legal regulation of public relations in the implementation of strategies and concepts related to improving the institutions of state and law in the field of ensuring the security and rights of citizens. Design/methodology/approach: The methodological basis of the research was made up of general scientific and private scientific methods (comparative-legal, statistical and the method of expert assessments). Findings: Failure to comply with the requirements of modeling the target system, forces and controls and predictable indicators has a negative impact on the level of legal technology of modern legislation, the uniformity of legal practice, the implementation of general legal principles, the effectiveness of institutional mechanisms that guarantee compliance with the requirements of the law, the inevitability, proportionality and fairness of measures of responsibility for their violation. Originality/value: Particular attention should be paid to improving Russian legislation, unswerving observance of the principles of social justice, equality before the law and the court, increasing the efficiency of the activities and authority of state bodies and officials, in connection with which we consider it timely and expedient to adopt the Concept of ensuring the rule of law in the Russian Federation.


2021 ◽  
Vol 25 (1) ◽  
pp. 281-293
Author(s):  
Galina S. Belyaeva

The purpose of the study is to conduct a general theoretical analysis of scientific approaches to the definition of the concept and essence of the legal regime in order to overcome its narrow industrial understanding and identify the role and significance in the process of legal regulation. General scientific and private scientific methods of knowledge including formal legal and comparative legal methods have been chosen as research methods of this paper. Logical techniques allowing to reveal the essence of legal regimes and formulate the author's definition of them have also been applied. The analysis of scientific works expressing various opinions indicates that at present an instrumental approach to the definition of the concept and essence of the legal regime prevails directly (or indirectly through the procedure of legal regulation) as a set of legal means (instruments). The following are mentioned as signs of the legal regime: mandatory normative legal consolidation (formal legal nature), specific target, special regulatory order based on a combination of legal means and methods of legal regulation, in relation to subjects of law, i.e., in a subjective sense, creating of favorable (or unfavorable) conditions to achieve certain interests, systemic and integrated character of a regime and its special structure. As a result, the author's definition of the legal regime is presented as a special procedure for the legal regulation of public relations, based on a certain combination of legal means and methods of legal regulation (permits, prohibitions, and positive obligations) aimed at achieving the relevant legal goals and planned optimal socially significant result.


Author(s):  
Наталья Рубцова ◽  
Natal'ya Rubcova

The paper features the correlation between the concepts of mechanism and method of legal regulation in the context of entrepreneurial activity. The research objective was to determine the features and prospects of the development of the mechanism of legal regulation in business sphere. The research was based on the General scientific dialectical method and such private scientific methods as comparative, historical, logical, and modeling. The paper describes separate elements of the mechanism of legal regulation that structure certain public relations. The authors analyzed opinions of legal scholars on the mechanism and method of legal regulation. The mechanism and the method of legal regulation proved to be non-identical concepts. In contrast to the method of legal regulation, which means a set of techniques and methods by which certain social relations are regulated, the mechanism of legal regulation reflects a certain technology of legal regulation. In addition, it ensures the functioning of both the system of law as a whole and its individual branches and institutions. This study can serve as a basis for a further analysis of the mechanism of legal regulation to determine its effectiveness in relation to business regulation.


Legal Concept ◽  
2019 ◽  
pp. 67-74
Author(s):  
Sergey Malyugin

Introduction: the approach to the legal system study through the prism of its regulatory properties makes it necessary to study such a phenomenon as regulatory generalizations, to establish its search parameters, varieties and functions performed in the system of law, which is the purpose of this paper. The methodological framework for the study is presented by a complex of philosophical, general scientific and specific scientific means of cognition. Results: based on studying the scientific legal literature, legislation and law enforcement practice, the paper describes in detail the main parameters, defines the main varieties and functional purpose of regulatory generalizations. Conclusions: The obtained research data on regulatory generalizations allow establishing for them an independent place in the system of law that reveals the system of law as a regulatory system consisting of a set of components which are interrelated in meaning and functions. The paper defines regulatory generalizations as relatively independent constructs in the system of law, located in its content-essential section, manifested in the regulatory legal prescriptions, which express general approaches to the legal regulation of public relations and the semantic meaning of positive law.


2004 ◽  
Vol 23 (4) ◽  
pp. 296-302 ◽  
Author(s):  
Ai Sekizawa

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