scholarly journals Organization and development of the ritual and funeral industry in Moscow

2021 ◽  
pp. 104-111
Author(s):  
N. N. Musinova
Keyword(s):  
Point Of View ◽  
Legal Basis ◽  
Federal Law ◽  
Effective System ◽  
Funeral Services ◽  
Improvement Of Legislation ◽  
Funeral Industry

The demand for ritual and funeral services, which substantiates the importance of the development of the ritual and funeral industry for the Moscow is considered. It is noted that the legal basis for the organization of the ritual and funeral industry has ceased to correspond to the pace and level of its development, and a new version of the basic Federal law is currently being developed. Significant shortcomings in the organization of the ritual and funeral industry and the maintenance of burial places that hinder its development are revealed. From the point of view of the assessment of these problems, the main directions of improvement of this industry are determined, including: improvement of legislation, organization of an effective system of market activities, increasing the protection of citizens in the provision of ritual and funeral services.

Environmental and legal problems of ensuring biological safety in the Arctic zone of the Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 66-69
Author(s):  
Natalia Zhavoronkova ◽  
Vyacheslav Agafonov
Keyword(s):  
Russian Federation ◽  
Environmental Law ◽  
Point Of View ◽  
The Arctic ◽  
Arctic Zone ◽  
Federal Law ◽  
Biological Safety ◽  
Legal Problems ◽  
Potential Risks ◽  
The Russian Federation

The article is devoted to the study of modern theoretical and legal problems of ensuring biological security in the Arctic zone of the Russian Federation. The published Draft of Federal law No. 850485-7“On biological security of the Russian Federation”provides an opportunity to take a closer look at the problem of legal provision of biological security in relation to the most vulnerable ecosystems, and, first of all, the Arctic. The article considers the most important features and potential risks of the Arctic zone of the Russian Federation of critical importance from the point of view of biological hazards, the features (specificity) of biological safety problems from the point of view of organizational-legal features and, in particular, from the perspective of environmental law. It is proved that, given the special situation of the Arctic zone of the Russian Federation, in addition to the base Federal law“About biological safety” required a specific law on biological and ecological safety of the Arctic zone of the Russian Federation, which should be generated on a slightly different model than the draft Federal law «On biological safety”, to wear the most specific, applied nature.

Improvement of legislation in the field of development and approval of plans for the prevention and elimination of oil spillage and spills of petroleum products at the facilities of main pipelines

2020 ◽  
Vol 10 (6) ◽  
pp. 654-662
Author(s):  
Andrey V. Zakharchenko ◽  
◽  
Alexander E. Gonchar ◽  
Roman Y. Shestakov ◽  
Polina V. Pugacheva ◽  
...  
Keyword(s):  
Petroleum Products ◽  
Pipeline Transport ◽  
Federal Law ◽  
Oil Pipeline ◽  
Oil Spillage ◽  
Trunk Pipeline ◽  
Main Pipelines ◽  
The Us ◽  
Improvement Of Legislation ◽  
Main Oil Pipeline

The procedure for action in cases of a threat or an accident at oil pipeline transport facilities is defined in the relevant plans for emergency spillage prevention and response – ESPR. The purpose of the article is to analyze the requirements of the legislation in the field of development and approval of ESPR. The specifics of ESRP development at trunk pipeline facilities in Russia are noted, the US experience in combating oil and oil products spillage is presented. The problematic issues in the development and approval of ESRP, relevant for the domestic system of main oil pipeline transport, have been considered. It was established that the Federal Law No. 207-FL, adopted in July 2020, fundamentally changed the outdated and required revision approach to the coordination and approval of ESRP. At the same time, further work is needed to create a regulatory framework that establishes requirements for ESRP, as well as to improve ESRP, taking into account modern methods of predicting accidents, identifying emergencies, risk-oriented approaches to planning measures to localize and eliminate accidents, the specifics of operating organizations.

Antitrust compliance: system standardization issues

2021 ◽  
pp. 8-16
Author(s):  
V. V. Soloviev, ◽  
S. V. Yushkin ◽  
S. V. Maksimov*
Keyword(s):  
Law Enforcement ◽  
National Standard ◽  
Federal Law ◽  
Economic Entity ◽  
Effective System ◽  
The Russian Federation ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship ◽  
General Compliance

The article examines the etymology and prehistory of the introduction of the institution of antimonopoly compliance in Russian business practice, the relationship of this institution with the institution of general compliance. The article considers the definition of the concept of antimonopoly compliance, enshrined in the new article 91 of the Federal Law "On Protection of Competition".The authors propose their own definition of the concept of antimonopoly compliance as an activity of an economic entity aimed at ensuring compliance with antimonopoly legislation by employees of an economic entity and an economic entity as a whole by preventing and suppressing violations of the requirements of such legislation and regulatory legal and law enforcement acts based on it.The authors also substantiate the advisability of developing a special national standard GOST R "System of internal compliance with the requirements of antimonopoly legislation (antimonopoly compliance system) of an economic entity".It is noted that the effectiveness of the antimonopoly compliance system will depend not only on the ability of an economic entity to form an antimonopoly compliance system on the basis of an appropriate national standard, but also on the state's ability to determine and guarantee effective incentives to comply with antimonopoly legislation.The authors substantiate the advisability of supplementing the Code of Administrative Offenses of the Russian Federation with provisions that provide for the obligation and limits to reduce the amount of punishment or replace the punishment with a softer one in the event of an anticompetitive administrative offense by a person who has implemented an effective system of antimonopoly compliance.

scholarly journals Advertising in Video Games: Legal Qualifications

2021 ◽  
pp. 41-47
Author(s):  
Irina Kiryshina
Keyword(s):  
Video Games ◽  
Computer Games ◽  
Legal Regulation ◽  
Product Placement ◽  
Point Of View ◽  
Science Literature ◽  
Legal Analysis ◽  
Online Game ◽  
Federal Law ◽  
To Receive

The article is addressed to the legal analysis of advertising placed in video games. Topical issues of the concept of advertising are touched upon from the point of view of its compliance with the legal definition enshrined in the Federal Law "On Advertising". There has been analized the distribution of advertising in video games, such as ads embedded in game content, including "product placement". In Russian legislation, there is an analogue of this category which is defined by the legislator as “references to a product, means of its individualization, about a manufacturer or seller of a product, which are organically integrated into works of science, literature or art”. The conclusion is made about the possibility of qualifying this technique as an advertisement in the absence of a sign of "organic integration". The examples of judicial and law enforcement practice of inorganic integration are considered. In such cases, the disseminated information is recognized as advertising, in respect of which the requirements of advertising legislation regarding restrictions on advertising of tobacco and alcohol, weapons and a number of other goods must be observed. There are special requirements for video games for minors in order to protect their rights. The author presents the position regarding the qualification of targeted advertising from the point of view of its compliance with such a sign of advertising as being addressed to an indefinite group of people. The conclusion is supported by the argument that personalization of an advertising message does not exclude its qualification as an advertisement. The problem of advertising distribution in computer games, including multiplayer games, carried out via the Internet, where obtaining the preliminary consent of the online game user to receive advertising is achieved by including this condition in the user agreement, is investigated. The conclusion is made about the need to improve legal regulation in the studied field.

scholarly journals Dostosowanie dochodów do zadań samorządu terytorialnego w Polsce. Praktyka i rekomendacje

Studia BAS ◽  
2021 ◽  
Vol 1 (65) ◽  
pp. 21-41
Author(s):  
Elżbieta Malinowska-Misiąg ◽  
Wojciech Misiąg
Keyword(s):  
Local Government ◽  
Point Of View ◽  
External Factors ◽  
Fiscal Equalization ◽  
Effective System ◽  
New System

The article deals with the problem of adjusting the revenues of Polish local government units (LGUs) to their tasks. The problem was analysed both from the point of view of the possibility of increasing LGU revenues and designing an effective system of fiscal equalization. The authors discussed the external factors which limit the possibilities of introducing such a desirable system. Next, based on the presented analysis, they drew conclusions regarding the necessary revision of the existing scheme. The article concludes with specific recommendations for a new system of financing LGUs, assuming, in particular, far-reaching changes in the algorithms for determining and dividing general subsidies, as well as a fundamental reduction in the scope of the so-called commissioned tasks.

scholarly journals TEMPORARY ACCESS TO DOCUMENTS CONTAINING MEDICAL CONFIDENTIALITY (CRIMINAL PROCEDURAL ASPECT)

2020 ◽  
Vol 73 (5) ◽  
pp. 1032-1036
Author(s):  
Serhii Ye. Ablamskyi ◽  
Vitalii V. Romaniuk ◽  
Ruslan P. Chycha ◽  
Viktoriia V. Ablamska
Keyword(s):  
Comparative Analysis ◽  
Scientific Knowledge ◽  
Legal Basis ◽  
Criminal Proceedings ◽  
Medical Confidentiality ◽  
The Future ◽  
Improvement Of Legislation ◽  
Access To Documents ◽  
Procedural Aspect

The aim of the study: 1) to determine the features of temporary access to documents containing information that may be a medical confidentiality; 2) to identify legislative gaps regarding the regulation of the measure of criminal proceedings; 3) to formulate proposals for improvement of legislation in the part of the investigated issue. Materials and methods: The legal basis for the protection of information that may be a medical confidentiality is provided. Legislative provisions have been identified and analyzed, which provide for particulars of access to documents containing information that may be a medical confidentiality. It is argued that the evidence collected in violation of the procedural order of the measure of criminal proceedings is inadmissible and therefore cannot be taken into account by the court in the future. Writing the article, the authors used both general and special methods of scientific knowledge, namely: formal-legal, formal-logical, comparative analysis and logical-normative. The complex application of these methods has made it possible to formulate science-based conclusions and proposals. Conclusions: Exemption of documents containing information that may constitute medical confidentiality should be done exclusively by temporary access to them. In order to eliminate the legislative gaps of the investigated issue, it is proposed to amend the current legislation accordingly.

scholarly journals STUDI KOMPARASI OPERASIONAL PRODUK PEGADAIAN SYARIAH DAN GADAI KONVENSIONAL

2018 ◽  
Vol 2 (1) ◽  
pp. 69-79
Author(s):  
Muh. Ishak Agus ◽  
Syahruddin Yasen ◽  
Syahruddin Yasen
Keyword(s):  
Civil Code ◽  
Point Of View ◽  
Legal Basis ◽  
The Right

AbstrakMenurut kitab Undang-undang Hukum Perdata Pasal 1150, gadai adalah hak yang diperoleh seseorang yang mempunyai piutang atas suatu barang bergerak. Barang bergerak tersebut diserahkan kepada orang yang berpiutang oleh seorang yang mempunyai utang atau oleh seorang lain atas nama orang yang mempunyai utang. Dan masyarakat masih menganggap perusahaan syariah dan konvensional sama. Padahal jika dilihat dari segi operasional dan landasan hukumnya jelas berbeda yang dimana pegadaian syariah berpedoman pada Al-Qur’an surah Al-Baqarah ayat 278 tentang larangan riba. Hal ini menunjukkan bahwa produk Ar-Rahn menjadi pilihan terbaik untuk nasabah dalam mengambil keputusan memilih produk gadai syariah atau ar-Rahn. Kata kunci : Nasabah, Produk Pegadaian syariah, Gadai Konvensional  AbstractAccording to the Book of the Civil Code Article 1150, pledge is the right earned by a person who has receivables on a moving good. The moving goods are handed over to the person who is indebted by a person who has a debt or by another person on behalf of the person having the debt. And society still considers sharia and conventional companies alike. Whereas when viewed from the operational point of view and the legal basis is clearly different where the shariah pawn is guided by Al-Qur'an surah Al-Baqarah verse 278 about the prohibition of usury. This shows that the product of Ar-Rahn becomes the best choice for the customer in making decision to choose the product of pawn of shariah or ar-Rahn.Keywords: Customer, Sharia Pawn Products, Conventional Pawn

scholarly journals USE OF ORGANIZATION AND ENGINEERING IN EVENT TOURISM

2020 ◽  
pp. 22-28
Author(s):  
Svitlana Tyshchenko ◽  
Taisiіa Chernyshova ◽  
Snizhana Mutasova
Keyword(s):  
System Analysis ◽  
Technical Support ◽  
Point Of View ◽  
Practical Significance ◽  
Wide Audience ◽  
Main Research ◽  
Goal Development ◽  
Effective System ◽  
Event Tourism ◽  
First Time

The article discusses the main problems of the implementation of event tourism in certain territories, which primarily include: short-term event; the scale of the event; placement in a natural area; lack of sufficient means of accommodation and services for tourists; style of events and the like. Goal. Development of an effective system of organizational and technical support for event tourism events. Methodology. The main research methods, in order to achieve the goal, are the analysis of engineering support, the classification of mobile homes for event tourism and the modeling of requirements for them based on the system analysis of event tourism technologies. Results. The organizational and technical support of event tourism activities proposed in the article will reduce the technogenic load on the local natural landscapes of natural areas in the places where event events are held. This will contribute to the formation of a higher culture, the style of their conduct, which will make it possible to undertake events of event tourism in regions that are even more attractive to a wide audience of tourists not only in our country, but also abroad. This method of organizational and technical support can also be used for holding rallies, forums, conferences and other events. Important for the success of the development of event tourism and the correct organization of organizational and engineering support is the formation of a calendar of events, which makes it possible to approach all future events in a planned manner, from the point of view of engineering and technical support, later will give its positive results. Scientific novelty. The current state of the use of mobile houses in event tourism on the territory of Ukraine is analyzed for the first time. For the first time, the calendar of the territory of the Stanishovskaya OTG of the Zhytomyr region was compiled for 2020-2021. Practical significance of the study lies in the fact that the compiled calendar of event tourism will be used by OTG "Stanishovskaya" in full and taking into account our recommendations regarding the holding of mass events.

scholarly journals Implementation of Public Administration Reforms in Modern Ukraine: Sectoral Aspect

2020 ◽  
Vol 47 (4) ◽  
pp. 6-12
Author(s):  
Oleksii HATSULIA
Keyword(s):  
Social Development ◽  
Institutional Change ◽  
Public Administration ◽  
State Power ◽  
State Building ◽  
Positive Perception ◽  
Effective System ◽  
Methodological Approaches ◽  
Improvement Of Legislation ◽  
Constitutional Changes

It is proved that in formulating proposals for institutional change in Ukraine an important task is to determine the strategy, tactics and specific measures for the full application of the Constitution of Ukraine and the basic laws governing the institutional development of management subsystems. The basis of institutional change is the sectoral direction of modern public administration, improvement of legislation, dissemination of public positive perception of such changes and the formation of public and personal needs for change. It is established that the effectiveness of Ukraine’s reforms in the sectoral dimension, in addition to the presence of a political program, requires legal support, the formation of an effective system of state bodies to implement such changes, ensuring coordination of government efforts on sectoral reforms. New theoretical and methodological approaches to practical tasks in the field of institutional support of reforms are substantiated. It is substantiated that in the socio-political plan public administration reforms are conditioned by the need to resolve or minimize the contradictions of institutional interaction, which are formalized by the principles of governance. It is established that public administration reforms should implement the tasks of state building on the basis of value principles, aimed at improving the organization of state power, subordinated to the goals of social development. The process of constitutional changes and the impact of such changes on the system of public administration is studied. Methodological bases and practical aspects of development and implementation of constitutional changes in public administration activity are determined. The basis of constitutional changes is the improvement of legislation, the spread of public positive perception of such changes and the formation of public and personal needs for change. It is established that the effectiveness of constitutional changes in Ukraine, in addition to having the appropriate political will, requires proper legal support, the formation of an effective system of state bodies to implement such changes, ensuring proper coordination of government efforts to implement constitutional changes. New theoretical and methodological approaches to practical tasks in the field of reforming the provisions of the Constitution of Ukraine are substantiated. Recommendations and proposals for solving the problem of implementing constitutional changes at both the state and regional levels are provided. It is established that public administration reforms should implement the tasks of state building on the basis of the values of the constitutional order within the process of amending the Constitution of Ukraine, aimed at improving the organization of state power, subject to the goals of social development.

WITH REGARD TO THE QUESTION OF COMPLIANCE WITH THE PRINCIPLE OF LEGALITY IN ESTABLISHING ADMINISTRATIVE LIABILITY FOR FAILURE TO IMPLEMENT DECISIONS OF THE RUSSIAN FEDERATION’S COUNTER-TERRORISM BODIES

2021 ◽  
pp. 82-92
Author(s):  
Artem V. Rudenko ◽  
Keyword(s):  
Russian Federation ◽  
Point Of View ◽  
System Construction ◽  
Federal Law ◽  
Basic Principles ◽  
Legal Norms ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Federal Laws ◽  
Principle Of Legality

The relevance of the article stems from the adoption by the constituent entities of the Russian Federation of rules on administrative liability for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Russian Federation in situations of conflict with federal law regulations, caused by adoption of the Federal Law No. 82-FZ of 18 April 2018. This contradiction calls into question the conformity of the adopted norms of the laws on administrative liability of the constituent entities of the Russian Federation with the principle of legality, as one of the basic principles of the State’s legal system construction. The purpose of the article is to develop a position on legal conduct in a situation of con-flict with the legal norms of federal legislation in establishing administrative liability by the constituent entities of the Russian Federation. The possibility of establishing administrative liability at the level of the constituent entities of the Russian Federation is enshrined in the Constitution of the Russian Federation and the Code of Administrative Offences of the Russian Federation After the adoption of the Federal Law No 82-FZ of 18 April 2018 «On Amendments to the articles 5 and 5.1 of the Federal Law «On Counteracting Terrorism» legal conflict in the regulation of these powers has arisen. These changes affected not only the regulation of the above-mentioned powers of the constituent entities of the Russian Federation, but also the system of sources of administrative liability, since Code of Administrative Offences of the Russian Federation states: administrative liability source system refers only to the Code and the laws of the constituent entities of the Russian Federation. The article contains an analysis of possible interpretations of the provisions of federal laws on the powers of the constituent entities of the Russian Federation to establish adminis-trative liability for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Federation. Possible interpretations of the term «decisions of an anti-terrorist body» are analyzed from the point of view of the goals and tasks of formation of these bodies, their powers and organizational-steam form. The study concludes that it is necessary to comply with the provisions of the Code of Administrative Offences of the Russian Federation when determining responsibility for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Russian Federation. It is recommended that the legislatures of the constituent entities of the Russian Federation refrain from adopting such norms. It is recommended that the judicial authorities should take into account the provisions of the Decision of the Plenum of the Supreme Court of the Russian Federation of 24 March 2005 No 5 « On certain issues raised by the courts in the application of the Code of Administrative Offences of the Russian Federation».

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