MECHANISM OF ADMINISTRATIVE AND LEGAL REGULATION OF RESPONSE TO BIOTERRORISM: INTERNATIONAL LEGAL ASPECTS

2019 ◽  
Author(s):  
Mariana Kravchuk ◽  
Keyword(s):  
Legal Regulation ◽  
Legal Aspects

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.

Conventional Legal Regulation of Value-Added Taxation by the Member States of the Gulf Cooperation Counci

2021 ◽  
pp. 232-238
Author(s):  
Dmitry G. Bachurin ◽  
Keyword(s):  
Persian Gulf ◽  
Value Added ◽  
Legal Framework ◽  
Legal Regulation ◽  
Gulf Cooperation Council ◽  
Legal Aspects ◽  
Gulf Countries ◽  
The Common ◽  
National Tax ◽  
The Persian Gulf

The article discusses the legal aspects of supranational legal regulation of value added taxation in the Persian Gulf countries. The novelty of the research lies in the comparative aspect of the legal study of supranational law on the value-added tax in the Gulf countries, which allows formulating fundamentally new characteristics and interpretations that extend the theoretical and legal views on the legal mechanism of VAT, and analyzing the key provisions of the legal regulation of VAT of the states that are parties to the Common VAT Agreement. The issues of the Agreement for the countries of the Gulf Cooperation Council, as well as acts of national legislation on this tax, were studied. The analysis of the provisions of the Agreement allows concluding that the tax instrument this Agreement regulates can be classified as a type of neutral legal regulation of value-added taxation. Its peculiarity is that the country for one reason or another introduces VAT into the national tax system with minimal tax rates and continues to keep it at a low level that does not have a restraining effect on the development of its own industry. This is the reference point for the Common VAT Agreement for the countries of the Gulf Cooperation Council. The research shows that the supranational legislation of the Persian Gulf countries covers the most complex and fundamentally significant issues of legal regulation of value-added taxation, which developed taking into account the accumulated world experience in the administration of this tax. Conclusions have been obtained that the main direction of the adopted supranational legislation is the creation of a unified legal framework for the development of a coordinated legal regulation of VAT in each of the six Arab states of the Persian Gulf. The definitions of concepts that are crucial for VAT regulation are given, among which the following can be distinguished: reverse VAT accrual, input tax, deductible tax, net tax, mandatory registration threshold, voluntary registration threshold, and tax group. In the final part of the work, it is concluded that the second regional system of legal regulation of value-added taxation after the European one is being created, which begins its development on the basis of supranational legislation. Within its framework, the states that are parties to the Agreement shall organize administrative cooperation in the following areas: (1) exchange of information necessary for determining tax accuracy; (2) coordination of synchronized audit procedures and participation in audits; (3) assistance in tax collection and adoption of necessary procedures related to VAT collection.

ORGANIZATIONAL AND LEGAL ASPECTS OF VOCATIONAL EDUCATION AND VOCATIONAL TRAINING IN INSTITUTIONS OF THE PENAL SYSTEM

2021 ◽  
pp. 20-24
Author(s):  
Екатерина Викторовна Глебова
Keyword(s):  
Vocational Education ◽  
Russian Federation ◽  
Legal Status ◽  
Positive Impact ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Educational Process ◽  
Vocational Education And Training ◽  
Scientific Article ◽  
The Russian Federation

Актуальность темы научной статьи обусловлена тем, что каждый гражданин Российской Федерации независимо от его социального статуса обладает правом на образование. Однако отдельные категории граждан, в частности, осужденные лица, не могут воспользоваться данным правом по причине наличия у них особого юридического статуса. Беспрепятственный доступ осужденных к образовательному процессу оказывает положительное влияние на социальную безопасность и защищенность каждого отдельного гражданина, так как от уровня их образованности напрямую зависит степень их исправления. В данный момент на территории нашей страны наблюдается большая вовлеченность всех слоев населения (включая осужденных) в сферу образовательных услуг как на возмездной, так и на безвозмездной основах. Профессиональное образование и профессиональное обучение как очень важный и необходимый элемент в отечественной пенитенциарной системе регулируется различными источниками права, относящимися и к системе уголовно-исполнительного законодательства, и к системе образовательного законодательства РФ. Целями правового регулирования отношений в сфере образования являются установление государственных гарантий, механизмов реализации прав и свобод человека в указанной сфере, а также защита прав и интересов участников отношений в сфере образования. Problem statement of the scientific article is due to the fact that every citizen of the Russian Federation, regardless of his social status has the right to education. However, some categories of citizens cannot exercise this right due to their special legal status, in particular, we will talk about convicted persons. Unimpeded access of this category of citizens to the educational process has a positive impact on the social safety and security of each individual, since the level of education of convicted persons directly affects the degree of their correction. At the moment on the territory of our country there is a great involvement of all segments of the population (including convicts) to the sphere of educational services free or for a fee. Vocational education and training as a very important and necessary element in the domestic penitentiary system is regulated by various sources of law relating to both the system of penal legislation and the system of educational legislation of the Russian Federation. The objectives of legal regulation of relations in the field of education are the establishment of state guarantees, mechanisms for the implementation of human rights and freedoms in education, as well as the protection of the rights and interests of participants of relations in the educational field.

scholarly journals Legal Aspects of the Social Regulator of Contractual Relations in Labor Law of Ukraine

2021 ◽  
Vol 80 (1) ◽  
pp. 130-138
Author(s):  
Т. П. Голопич ◽  
І. М. Голопич
Keyword(s):  
Labor Law ◽  
Practical Experience ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
Collective Agreement ◽  
Social Partnership ◽  
Social Dialogue ◽  
The Social ◽  
Contractual Relations

Legal aspects of the social regulator of contractual relations in labor law of Ukraine have been revealed. The concept of social partnership and social dialogue as a legal regulatory mechanism of collective relations has been studied. Legal regulation of labor conditions at different levels, through agreements, reflecting the will and interests of the parties to the agreement, has been analyzed. It has been found out that the personal nature of work, the definition of the specific labor function, duration of working time, remuneration of labor, etc., shall be reflected in a contractual relationship, which requires new forms of relationship between a state, an employer and an employee. Such new forms are acts of social partnership representing the interests of employees, employers, and the state in general. Special attention in this process has been paid to the collective agreement, wherein the interests of the labor collective and the employer are reconciled. The significance of the collective agreement is enhanced in the context of the market economy transformation and the development of new forms of management. Based on international experience it has been proved that problems of economic and public life are addressed optimally, if the orientation is implemented not towards the confrontation, but towards the achievement of social compliance, adjustment of social partnership on the principles of cooperation between employers and employees, which are realized in forms of negotiations, the conclusion of collective agreements and collective arrangements, coordination of draft regulatory and legislative acts and consultation in decision-making by social partners at all levels. It has been defined that social partnership is implemented by means of social dialogue, as a set of coordination procedures of interests of association of employees, employers and the state. Social dialogue helps to provide social harmony and stability in the society, it addresses diverse social and economic problems; it is the universal mean of collective relations for each country, it takes into account its traditions and particularities, and it is based on the significant practical experience of real cooperation.

scholarly journals RESEARCHES CONCERNING CONFORMITY OF TECHNICAL DOCUMENTATION ON THE DETERMINATION (RENEWAL) OF LAND PLOTS BOUNDARIES OF HOMESTEAD BUILDINGS IN CITIES: ORGANIZATIONAL AND LEGAL ASPECTS

2017 ◽  
Vol 17 ◽  
pp. 290-297
Author(s):  
A I. Ripenko ◽  
A. A. Kolosiuk
Keyword(s):  
Legal Regulation ◽  
Legal Aspects ◽  
Public Land ◽  
Technical Documentation ◽  
Legal Regime ◽  
Forensic Examination ◽  
Basic Functions ◽  
Organizational Features ◽  
Working Out ◽  
Land Code

The paper considers the problems of insufficient methodical support of forensic examination within the limits of a speciality 10.20 «Researches of land planning issues» concerning conformity of the technical documentation on the determination (renewal) of land plots boundaries of homestead buildings in the cities. The thought of authors concerning expediency of working out techniques and methodical recommendations taking into account legislative and normative acts being in force in Ukraine for that time, is substantiated, and organizational features of legal regulation of lands under homestead buildings of cities in view of basic functions of such territories for their constant development and creation of appropriate conditions for residing of inhabitants are marked. The attention that the legal regime of using such lands needs complements concerning necessity of their operation according to the rules of territory beautification of a populated locality and other documentation concerning beautification issues, is paid. The idea on expediency of the Land Code of Ukraine amendments, in particular in its provisions concerning the use of inhabited and public land buildings in the limits ofpopulated localities taking into account the rules of territory beautification, is spoken out. The authors focus attention on the requirements to regulate the use of inhabited and public land buildings not only in the land legislation but also in the legislative acts which regulate a question of inhabited and public buildings territory beautification. Thus, for appropriate carrying out forensic examination on speciality 10.20 it’s necessary to develop methodical support both by adopting corresponding acts of land and city building legislation, standards, norms and rules of drawing up a technical documentation on the determination (renewal) of land plots boundaries in nature (on terrain) and by creation of the scientifically grounded techniques and methodical recommendations on the designated subjects.

scholarly journals Legal Problems of Digitalization: Theoretical and Legal Aspects

Legal Concept ◽  
2019 ◽  
pp. 27-34
Author(s):  
Yana Gaivoronskaya ◽  
Olga Miroshnichenko
Keyword(s):  
Artificial Intelligence ◽  
New Technologies ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Social Regulation ◽  
Legal Studies ◽  
Legal Problems ◽  
The Social ◽  
Analysis And Synthesis ◽  
Actual Change

Introduction: digitalization is an interdisciplinary problem, but the degree of its mediation by specialists in different fields varies significantly. The modern legal studies of digitalization are often haphazard and superficial. Lawyers are clearly lagging behind modern trends, which can create a number of serious problems in terms of the legal regulation and loss of humanitarian and legal values accumulated by humanity. This situation really creates a number of serious threats to the legal regulation, because technologies are developing, the number of rules associated with their use is increasing, and these rules are written by the experts in the field of digital economy and IT-technologies. The purpose of the study: to summarize the main theoretical and legal problems arising from the widespread introduction of digital technologies in the legal regulation and legal activity. Research objectives: to define the concept of digitalization; to consider the main trends of scientific research on issues related to the largescale spread of digitalization and artificial intelligence technologies; to identify and formulate the main problems of doctrinal and theoretical plan discussed by the legal community in the context of digitalization; to determine the limits of the real impact of new technologies on the social regulation. Methods: the system, structural and functional ones, the methods of analysis and synthesis, expert evaluation. Results: the paper systematizes the main problems of digitalization that concern modern lawyers. The problems of digitalization are divided into general social ones, concerning threats to the development of society as a whole, and special legal ones, concerning the actual change of the legal regulation and law in the era of digitalization. Conclusions: it is not technologies that need the legal regulation, but the relations with the use of technologies do. As for the “horror stories” about AI and total digitalization, most of the problems lie in the sphere of natural intelligence, not artificial one, in the sense that it is necessary to regulate the actions of natural intelligence carriers in the design of artificial intelligence.

scholarly journals MEDICAL AND PROCEDURAL-LEGAL ASPECTS OF INPATIENT AND OUTPATIENT FORENSIC PSYCHIATRIC EXAMINATION

2020 ◽  
Vol 73 (7) ◽  
pp. 1533-1538
Author(s):  
Sandra Kaija ◽  
Inga Kudeikina ◽  
Nataliya Gutorova
Keyword(s):  
Medical Practitioner ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Civil Procedure ◽  
Legal Doctrine ◽  
Psychiatric Examination ◽  
Legal Norms ◽  
The Subject ◽  
Forensic Psychiatric

The aim: The aim of the study is to define the legal framework of forensic psychiatric examination commissioned by the court in relation to the competence of medical practitioners and the position of the subject as a patient in the process of forensic psychiatric examination in order to determine the correlation of special legal regulation with criminal and civil procedure regulation and to make proposals for the enhancement of the legal regulation. Materials and methods: This study is based on the analysis of international law, medical civil procedure and criminal procedure legislation, juridical practice, medical law legal doctrine. The following methods were used in this research: the method of interpretation of legal norms, analysis of legal acts, and the induction-deduction method, upon which the conclusions were drawn and recommendations were provided. Conclusion: The current regulatory framework does not provide for the procedure by which the subject’s medical treatment is conducted during forensic psychiatric examination, nor does it determine the criteria for the admissibility of treatment of the persons concerned and the extent of treatment. During the examination, the medical practitioner who is in the expert’s procedural position in relation to the subject under examination in the particular examination should not carry out the treatment of the subject.

scholarly journals LEGAL ASPECTS OF THE BALANCE BETWEEN PERSONAL AND PROFESSIONAL LIFE

2020 ◽  
Author(s):  
Andriyana Andreeva ◽  
◽  
Galina Yolova ◽  
Keyword(s):  
Retrospective Analysis ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Professional Life ◽  
Labour Law ◽  
Legal Doctrine ◽  
Personal Rights

The paper examines two main and interconnected aspects of the life of a person - personal and professional. The topic has both - his life and moral side, as well as a legal regulation in the sphere of Family and Labour Law. This question is relatively rarely examined in the national legal doctrine, which along with the new digital challenges is the ground for the interest of the authors. The complex examination puts some accents, directed to the clarification of the borders and the needed balance between the two spheres with the idea of guaranteeing the subjective personal rights. With view of achieving the set aim the authors make actual normative as well as retrospective analysis, as a result of which tendencies are marked, proposals with theoretical and practical direction are made.

scholarly journals Evolution of legal regulation of activity forms of members of representative bodies of local self-government in the Ukrainian lands within Austria-Hungary and pre-revolutionary Russia

2020 ◽  
Vol 4 (4) ◽  
pp. 110-118
Author(s):  
Ivan Omelko
Keyword(s):  
Local Government ◽  
Legal Status ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Liberal Democratic ◽  
Regulation Of Activity ◽  
Local Representative ◽  
The Russian Empire ◽  
Xix Century ◽  
Rule Making

The article deals with historical and legal aspects of the normative regulation of the forms of activity of the representative bodies of local self-government and their members on the Ukrainian lands, which were part of Austria-Hungary and pre-revolutionary Russia. It is shown that during the 60-90s of the XIX century, there was an accumulation of experience in the normative consolidation of the legal status and organization of the work of local representative bodies, the formation of the main forms of their activity. Attention is drawn to the fact that in both empires the adoption of liberal legislation on local self-government led to the activation of local rule-making. The content of national and local acts regulating the forms of activity of representative bodies of the late XIX – early XX centuries is analyzed. In its modern form, local government developed in the nineteenth century. as a result of the victory of liberal-democratic reforms in the world's leading states. Therefore, consideration of the evolution of legal regulation of the forms of activity of deputies of domestic local representative bodies should begin in the 1860s, when in Austria-Hungary and the Russian Empire, which at that time included Ukrainian lands, local government began almost simultaneously. The period of functioning of representative bodies of local self-government in the Ukrainian lands as a part of Austria-Hungary and pre-revolutionary Russia (1862-1917) should be considered as the first stage of evolution of forms of activity of deputies of local councils in modern Ukraine. This was the stage of initiating the normative consolidation and practice of implementing the forms of activity of the deputy corps of domestic representative bodies of local self-government.

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