scholarly journals Current state of the institute of administrative liability in the field of urban planning

2018 ◽  
Vol 2 (2) ◽  
pp. 67-77
Author(s):  
Olha Garan ◽  
Valeriі Stukalenko

Introdaction. The article uncovers the state of the institute of administrative liability in the field of urban planning considering current situation. The attention is focused on the main directions of transformation of development of administrative liability, the problems are described and the ways of their solution are proposed. In connection with the implementation of various reforms, the existing urban construction relationships has radically changed and the new ones has emerged in the society, which are characterized by a tendency of growth. Therefore, considering new conditions and requirements, these relations require the introduction of new effective administrative and legal regulation. One of the important tools of this regulation is administrative liability in the field of urban planning, which helps to ensure compliance with the norms provided by law, state standards, construction codes, and rules. The perspective directions of the evolution of the institute of administrative liability are the improvement of the system of administrative penalties by expanding their number and size and improving the system of subjects of responsibility. Purpose and tasks. The purpose of the work is to determine the current state of scientific understanding of administrative liability in the field of urban planning on the basis of the analysis of theoretical foundations, regulatory system and practice, as well as to focus on the actual issues of its application in practice. Results. It is proven that the institute of administrative liability in the field of urban planning undergoes transformation, but the scientific understanding of this process is not at the proper level. Conclusions. In general, the institution of administrative liability in the field of urban planning requires substantial modernization, but not at the expense of making changes and additions to the current legislation, but on the basis of the creation of a new doctrine of understanding of administrative liability combined with the application of a systematic approach.  All of the above will provide an opportunity for the creation of effective mechanisms for applying the institute of administrative liability in practice.

2021 ◽  
Vol 48 (2) ◽  
pp. 119-129
Author(s):  
Lilyana Lesnichkova ◽  

The article focuses on the presentation of the Hungarian-Bulgarian valence dictionary, which is currently in preparation, against the background of an extremely actual task – the creation of an academic English-Bulgarian dictionary, adequately reflecting the current state of vocabulary in both languages. The author substantiates the need for such a dictionary, given the lack of general and specialized Hungarian-Bulgarian dictionaries, based on the theoretical foundations and principles of modern lexicography. Outlined are the main features of the dictionary, the specificities and approaches in the work of its compilation. The selection of material and the methods of its presentation are in accordance with the practical needs of learners of Hungarian as a foreign language.


Author(s):  
D. Vasylenko ◽  
L. Butko

The problem statement. Archival sphere can fit organically into the general concept of digital transformation of Ukraine’s economy. The creation of digital format of archival institutions should be based on identical branch standards and rules for the creation, preserving, accounting, description, using of digital copies in order to ensure a single collaboration algorithm between state, regional and municipal authority levels. The purpose of the research is to analyze the new trends of the management system of the archival sphere from the perspective of regulatory support for the implementation of digitalization tools of Ukrainian archival institutions. The methodology. To resolve the tasks of the research were used traditional complex of common scientific principles (determinism, imaging, unity of opposites) and methods (analysis and synthesis, systematic and structural, questionnaire, content-analysis, observation, statistical). The results. The article analyzes the legal tools as an element of state regulation of digitalization of the Ukrainian archival space. The results of the study were confirmed by a sociological survey on the topic “Do we need to adjust the regulatory basis the archival branch to the digitalization contexts?”. The scientific novelty of the research is to develop the theoretical foundations in the branch of archival sphere management due to context of regulatory support for provision of digitalization issue, including methods of analysis, synthesis and systematization, to generate the problem of introducing the modernizational legislation to manage the digitalization of archival sphere. Conclusions. It is reviewed in the research the influence of the state regulation on the task of systematic development of Ukrainian branch standards and other legal documentation, which is created to regulate the requirements of creation, accounting, preserving, and use of electronic document copies, as well as the collaboration between the archival institutions with stakeholders within a single online platform.


2020 ◽  
Vol 6 (Extra-A) ◽  
pp. 103-108
Author(s):  
Korolev Ivan Igorevich ◽  
Zaychenko Elena Viktorovna ◽  
Turłukowski Jarosław ◽  
Makolkin Nikita Nikolayevich

The aim of the study is to analyze the current state of arbitration system in the Russian Federation and also the consequences of procedural legislation reform, which has become a trigger for transformations in the system of arbitration courts. The authors consider the creation mechanisms and some aspects of arbitration institution functioning, based on the norms of the current legislation. This review is given both in relation to permanent arbitration institutions and in relation to the courts created to consider one specific dispute. In the course of this study, the authors found that a gap in legal regulation remained after the arbitration legislation reform, since it remains possible to create ad hoc "pocket" courts instead of abolished arbitration courts at any institutions. And if initially it seemed that this problem would be solved, now it is necessary to fight against such a mechanical opportunity to get the necessary “comfortable” judges.    


Author(s):  
KHARCHENKO S.,

Стаття присвячена питанням визначення сучасного станунормативно-правове забезпечення інформаційної безпеки в діяльностіСлужби безпеки України та формування пропозицій з йогоудосконалення. Дослідження правових актів національногозаконодавства дозволило виділити такі ієрархічні рівні правовогорегулювання організації забезпечення інформаційної безпеки в діяльностіСБУ: конституційно-законодавчий, міжнародний, підзаконний тавідомчий. Зазначені правові норми являють собою певну сукупність, хоч іне мають об’єктивно наданої їм систематизованої форми. Між циминормами наявні внутрішні правові зв’язки, вони взаємозумовлені іхарактеризуються взаємовпливом. На сучасному етапі більшнормативно опрацьованими є питання забезпечення кібернетичноїбезпеки. Водночас, сьогодні необхідно забезпечити закріплення у відомчійнормативній базі таких заходів як здійснення контролю у інтернетпросторі (проблема блокування сайтів) та створення інтегрованогобанку даних про загрози і небезпеки у сфері інформаційної безпеки вдіяльності СБУ. The article is devoted to the issues of identifying the current state of thenormative and legal provision of information security in the activities of theSecurity Service of Ukraine and the formation of proposals for itsimprovement. The study of legal acts of the national legislation allowed tospecify the following hierarchical levels of legal regulation of the organizationof ensuring information security in the SSU activities: constitutional andlegislative, international, sub-legislative and departmental. These legal normsrepresent a certain set, although they do not have a systematized form providedto them objectively. Between these norms there are internal legal relations;they are mutually interconnected and characterized by mutual influence. At thepresent stage, the issues of ensuring cybernetic security are more normativelyelaborated. At the same time, today it is necessary to ensure the consolidationin the departmental regulatory framework of such measures as theimplementation of control in the Internet space (the problem of blocking sites)and the creation of an integrated database of threats and danger in the field ofinformation security in the activities of SSU.


Author(s):  
Reto M Hilty ◽  
Jörg Hoffmann ◽  
Stefan Scheuerer

Against the backdrop of the current discussion of how AI reshapes certain IP paradigms, this chapter reassesses the need for IP protection in AI markets per se. We assess the question of justification of IP rights for both AI as a tool and AI-generated output in light of the very theoretical foundations of IP protection (from both legal embedded deontological and utilitarian economic standpoints). Traditionally, IP protection is granted due to deontological reasoning, according to which a human creator’s personality and efforts have to be protected, and economic reasoning, according to which exclusive rights in intangible goods have to be established in order to remedy market failure in public goods markets. IP ought to serve as a regulatory system of stimulation of creation and innovation using market forces to achieve this goal. Based on the current state of knowledge, however, it seems that specific market implications of the widespread use of most AI applications may have altered the justification for AI-related IP protection in certain cases. Whereas this seems particularly true regarding AI tools, the case for AI outputs may be different.


Medicne pravo ◽  
2021 ◽  
pp. 71-79
Author(s):  
V. M. Pashkov

The statutory basis of Ukraine on the treatment of strains of most dangerous microorganisms has been analyzed, and the terminology important for further understanding of the issue has been clarified. The aim of the paper is to study the state of legal regulation in Ukraine of relations in the field of treatment of strains of especially dangerous microorganisms, to pro- vide analysis of the current legislation of Ukraine in this area, as well as the practice of its application. Theoretical bases of legal support of legitimation of activity in this sphere, including that for the purpose of protection of biological safety have been established. The necessity of legal regulation of participants of relations concerning treatment of strains of especially dangerous microorganisms activity has been substantiated. The current state of legal regulation of relations in the field of strain management requires, given the intersectoral nature of the isssue, consideration of the creation of a single intersectoral authority for the supervision of hazardous biological objects. Such a authority may not only be a licensing authority, but also responsible for the introduction of a register of owners of hazardous biological objects that are not economic entities (for example, individuals – owners of collections of such biological objects).


Author(s):  
A. Levchenko

The research aims to determine the role of self-regulatory bodies in monitoring advertising activities and in protecting the child from their adverse influence, to assess the current state of self-regulation in this area in Ukraine and to determine necessary components for its systematic implementation into domestic legal system. In order to achieve aforesaid aims the following methods of legal research have been applied: analysis, systemic analysis, generalization, legal modeling. Specifically, the method of analysis has been used to extract the features of the successful activities that are conducted by selfregulatory organization in other countries. To derive patterns and clarify the reasons for the effective activities of self-regulatory organizations, methods of generalization and systemic analysis have been used. In addition, the method of legal modeling has been elaborated in order to determine the possible ways of self-regulatory system implementation in Ukraine. The author analyzes the concept of self-regulation. The advantages of self-regulation in comparison with the state regulation are evaluated. Namely, it is done through the prism of the relevant legal experience taken from Great Britain, France, the United States of America. The conditions necessary for the implementation of a self-regulatory system are revealed. The current state of self-regulation in Ukraine is scrutinized. This makes it possible to find out the reasons for its underdevelopment in national legal context. In general, the analysis of Ukrainian legislation on advertising is carried out and the issues of the self-regulatory system in the context of protecting children from the negative impact of advertising information are studies thoroughly. Approaches and relevant empirical material analyzed within the article allow the author to arrive at following conclusions. The author identifies the value of self-regulation, particularly, its advantages in comparison with the state regulation. Additionally, the author emphasizes the lack of special legislation in Ukraine that regulates the legal status of self-regulatory organizations in the field of advertising; insufficiency of the scope of public organizations powers stipulated in the legislation; the inconsistency of the activities of a significant number of public associations in this area as well as the absence of a certain sustainable reform in outlined domain. In this vein, the connection between the lack of systemic reforms in this area, desuetude, conflict of laws, as well as incomplete legislation and the decrease in the authority of the law for the actors in the advertising industry is established. The author suggests the ways of implementation of significant institutional changes in the legal regulation for self-regulatory organizations' activities in Ukraine, primarily in terms of consolidating their legal status, functioning certain rules and principles of state control over their activities.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Gema Ramírez-Guerrero ◽  
Javier García-Onetti ◽  
Juan Adolfo Chica-Ruiz ◽  
Manuel Arcíla-Garrido

Purpose This paper attempts to fill the gap that exists in research regarding 20th-century heritage and its social appreciation. The purpose of this paper is to explore different ways of evaluating the heritage value and tourism potential and to propose an innovative model validated in the Zarzuela Hippodrome as an example of cultural asset from 20th century with important economic, social, cultural, aesthetic and architectural aspects. Design/methodology/approach This study opted for an interpretation of heritage from an ecosystem, integrating and global paradigm, understanding the asset as a set of resources that interact with each other, generating a common and enriched tourist experience among all the elements that make it up. From this perspective, it is conceived that by modifying one of the elements, the whole (tourist) ecosystem will be equally influenced. On the other side, it was incorporated non-parametric techniques based on the implementation of surveys for the validation of the tool to the case study of the Zarzuela hippodrome. Findings The results suggest that the hippodrome's internal values have been evaluated very positively, while its external values are low. Through this study, the paper has identified several weaknesses that impede its functioning as a viable “tourist product.” The distance from the city center, the lack of available information and the scarce diffusion and tourism promotion are its main weaknesses. The proposed analysis tool reveals the importance of the active participation of visitors to evaluate cultural assets through the combination of aspects related to the conservation of cultural assets and, in turn, elements that encourage their commodification as tourist products, break down barriers between these two disciplines. Research limitations/implications The management tool proposed in this study can be used to underpin the creation of tourism experiences in cultural or heritage assets by diagnosing the current state of its tourist potential, quantifying its value in relation to the visitors’ perception and making visible those problematic aspects to develop actions to solve them. Although the present study is support for future research, as well as for improving the marketing of heritage in tourist settings, an in-depth analysis of the technical elements of heritage, as well as of its intervention (if applicable), will be necessary for the managers who want to use the tool. Social implications One of the most differentiating characteristics between the construction typology of 20th-century historical buildings is perhaps the scarcity of decorative ornamentation, with exposed concrete being the main surface coating. Many of these constructions have an important cultural and historical relevance, however, the social perception, as regards its consideration as architectural and artistic heritage seems to reflect discordant aspects. This study provides support as a decision-making tool to determine the existing valuation of a building and how to enhance it. Originality/value This study takes steps toward the creation of a model that supports decision-makers and owners of cultural assets through a measurement system that makes it possible to quantify and determine the current state of tourism use through the social evaluation of heritage criteria. It defines which are the elements that favor the resilience of the property or, on the contrary, which are those that undermine its enhancement.


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