scholarly journals The legal basis of anti-mine activity in Ukraine: theoretical and implemental aspects

2020 ◽  
Vol 3 (3) ◽  
pp. 12-20
Author(s):  
Roman Kirin
Keyword(s):  
Legal Regulation ◽  
National Standards ◽  
Legal Basis ◽  
Current Version ◽  
Specific Component ◽  
National Interests ◽  
Humanitarian Demining ◽  
The Subject ◽  
The Government ◽  
Main Components

The issues of the systematization’s prerequisites providing of the modern array of the legal basis of anti-mine activity in Ukraine and identifying the theoretical and implemental features its content formation are reviewed, the specifics of anti-mine activity relationships, the need and the possibility of segregation of those relations into an independent subject of legal regulation are determined. The specifics of relations in anti-mine activity is disclosed not only by the main components of anti-mine action in Ukraine, but also by other provisions of the special Law in this field: 1) the content of the national interests of Ukraine; 2) object and subject composition; 3) the nature of the activity; 4) the meaning of the terms “humanitarian demining” and “anti-mine activity”. Nevertheless, we should note that practically no one specific component of the relations of anti-mine activity has been regulated in the current version of the Law on anti-mine activity, except for the subject composition. The formation of a by-Law block of anti-mine activity legislation, first of all, shall be implemented by the government, since the Cabinet of Ministers of Ukraine approves in this field: the procedure for organizing and conducting anti-mine activity; regulations on the national and operational anti-mine activity body, the commission on the accreditation of operators and monitoring their compliance; the procedure for involving operators to execution of anti-mining events; national standards for humanitarian demining; a list of the probably contaminated and contaminated with explosive objects territories of Ukraine; the procedure for compensation for caused damage, restoration and environmental protection.

scholarly journals Problems of Legal Regulation of Changes in the Types of Land Plot Permitted Use in the Conditions of Abolition of Land Division into Categories

2021 ◽  
Vol 1 ◽  
pp. 28-34
Author(s):  
Galina L. Zemlyakova ◽  
Keyword(s):  
Urban Planning ◽  
Direct Instruction ◽  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Current Version ◽  
Land Plot ◽  
The Russian Federation ◽  
The Government ◽  
Near Future

The article deals with the problems of the Institute of urban planning zoning, including those arising from changes in the types of permitted use of land plots in terms of the possible introduction of territorial zoning instead of dividing land into categories. Despite the fact that the bill on the abolition of land categories was never adopted by the State Duma, nevertheless, the President of the Russian Federation has repeatedly pointed out the need for such a law in his instructions to the Government of the Russian Federation. Due to the fact that according to the Constitution of the Russian Federation in the current version, the instructions of the President of the Russian Federation are a direct instruction to the Government of the Russian Federation, the author believes that in the near future the issue of the abolition of land categories will become relevant again. However, in order for such a law to be adopted and not cause a serious blow to the system of land turnover, the existing institution of urban zoning must be perfectly verified.

scholarly journals Regulación y uso de las redes de transporte y distribución de electricidad

2017 ◽  
pp. 87-126
Author(s):  
Alejandro D. LEIVA LÓPEZ
Keyword(s):  
Electricity Market ◽  
Legal Regulation ◽  
Third Party ◽  
Legal Basis ◽  
Deregulated Electricity Market ◽  
The Government ◽  
Essential Resource ◽  
The One ◽  
La Red ◽  
Electricity Transport

LABURPENA: Garraio-sarearen eta elektrizitate-horniduraren erregulazio juridikoa garrantzi handiko gaia da jardueren banaketa bertikalaren printzipioan inspiratutako merkatu elektriko liberalizatuaren sorreran. Sarearen izaera monopolistak, ezinbesteko baliabidea izanik, erabiltzaileak sare horretara iristeko eta konektatzeko legezko arau batzuk mugatzea ekarri du, objektibotasun-, gardentasuneta diskriminaziorik ezaren irizpideetan oinarrituta. Ikerketa honek, alde batetik, hirugarrenak sarera sartzeko oinarria jorratuko du, eta, ondorioz, sare-kudeatzailem independenteak eratzeko beharra. Bestetik, sarbide-arloan indarrean dagoen araubide juridikoa jorratuko da hemen, gobernuak sareetara iristeko eta konektatzeko baimen-sistema berria arauz garatzen ez duen artean (Sektore Elektrikoari buruzko Legean iragarrita dago erregulazio hori). Era berean, azken urteotan sarbidearen esparruan agertu diren gatazka nagusiak aipatuko dira. RESUMEN: La regulación jurídica de la red de transporte y distribución de electricidad es un tema trascendental en la creación de un mercado eléctrico liberalizado inspirado en el principio de separación vertical de actividades. El carácter monopolista de la red, por tratarse de un recurso esencial, ha conducido a la delimitación de unas reglas legales de acceso y conexión a ésta por parte de los usuarios, en base a criterios de objetividad, transparencia y no discriminación. El presente estudio aborda, de un lado, el fundamento de este acceso de terceros a la red y, en consecuencia, la necesaria configuración de unos gestores de red independientes y, de otro, el régimen jurídico vigente en materia de acceso en tanto el gobierno no desarrolle reglamentariamente el nuevo sistema de permisos de acceso y conexión a las redes, ya anunciado en la Ley del Sector Eléctrico. Asimismo, se hace mención de los principales conflictos de acceso acaecidos en los últimos años. ABSTRACT: The legal regulation of the electricity transport and distribution network is a trascendental subject in the creation of a Deregulated Electricity Market inspired by unbundling. The monopolistic structure of the network, as an essential resource, has defined rules of access and connection to the network by the users, based on criteria of objectivity, transparency and non-discrimination. In the present study, on the one hand, we discussed the legal basis of third-party access to the network and, consequently, the necessary configuration of the independent network managers, and, on the other hand, the current legal system with regard to access, whilst the government does not develop the new system of access and connection permits to the networks, already announced by the Electrical Sector Law. Additionally, there is specific mention of the main accessconflicts what has happened in recent years.

scholarly journals On the Legal Regulation of Science

2021 ◽  
Vol 3 (3) ◽  
pp. 16-44
Author(s):  
Gennady Shepelev
Keyword(s):  
Russian Federation ◽  
Scientific Knowledge ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Legal Documents ◽  
Production And Consumption ◽  
The Subject ◽  
The Russian Federation ◽  
The Government ◽  
Market Relations

The analysis of legal documents in the field of science is carried out. The main areas of analysis include the following blocks: the subject of the scientific sector; the main participants in the process of production and consumption of scientific knowledge, their market and non-market relations; the management system of the scientific sector, including provision of the resources to the scientific sector. The analysis of the existing documents (laws, decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation, orders of ministries, etc.) was carried out for each of the selected blocks. The influence of the legal documents on the solution of certain issues of the organization of scientific activity is analyzed, and possible directions for improvement regulatory legal acts to optimize the functioning of the scientific sector are proposed.

scholarly journals Revisiting the Relationship between the Object and Subject of the Constitutional Regulation

Legal Concept ◽  
2019 ◽  
pp. 43-49
Author(s):  
Rashit Nurmagambetov ◽  
Alexey Chermeninov
Keyword(s):  
Constitutional Law ◽  
Comparative Law ◽  
Legal Regulation ◽  
Point Of View ◽  
Methodological Framework ◽  
Legal Basis ◽  
Legal Study ◽  
The Subject ◽  
The Individual ◽  
The Relationship

Introduction: the theoretical and legal study of the relationship between the object and subject of the constitutional regulation is important for the science of constitutional law, as it eliminates the uncertainty in this matter. Purpose: the theoretical and legal study of the relationship between the object and subject of the constitutional regulation. Methods: the methodological framework for this study is a set of methods of scientific knowledge, among which the main ones are the methods of historicism, consistency, analysis and the comparative law method. Results: there has been proposed the author’s point of view to include in the category “the object of the constitutional regulation” the principles of constitutional law, the material and intangible benefits, the values of the individual, society and the state, including the rights and freedoms of man and citizen, the sovereignty and independence of state power, the legal interests. It is they that characterize a special sphere of relations, the area of the constitutional influence, accurately revealing the content of “the object of the constitutional regulation” and its volume. Conclusions: as a result of the theoretical analysis of these scientific categories, the authors come to the conclusion that in its root essence the subject of the constitutional regulation is a derived concept from the object of the constitutional regulation. The authors believe that the subject of the constitutional regulation and the object of the legal regulation are connected by a single theoretical and legal basis.

scholarly journals Administrative legal mechanism for exercising the right of citizens to appeal to the government bodies in the Ural Federal District: the peculiarities of legal regulation

2021 ◽  
pp. 32-46
Author(s):  
Stanislav Vladimirovich Kalashnikov
Keyword(s):  
Russian Federation ◽  
Federal District ◽  
Legal Regulation ◽  
The Subject ◽  
The Russian Federation ◽  
The Government ◽  
The Right ◽  
Legal Mechanism

The subject of this this research is the normative legal and legal acts of the government bodies of the constituent entities of the Russian Federation included into the Ural Federal District (Kurgan, Sverdlovsk, Tyumen, Chelyabinsk regions, Khanty-Mansi Autonomous Okrug, Ugra and Yamalo-Nenets Autonomous Okrug) that regulate the administrative legal mechanism for exercising the right of citizens to appeal to the government bodies in the indicated regions. Special  attention is given to the importance and need for legal regulation of the issues associated with arranging additional guarantees and exercising the right of citizens to appeal to government bodies, particularly on the level of the constituent entities of the Russian Federation included into the Ural Federal District. Based on the comprehensive analysis of the aforementioned normative legal act and legal acts, the author reveals the peculiarities of legal regulation of the administrative legal mechanism for exercising the right of citizens to appeal to government bodies in the constituent entities of the Russian Federation included into the Ural Federal District, the limits of norm-setting authorities of the listed regions of the Russian Federation, specificities of securing additional guarantees of the rights of citizens to appeal to government bodies in the corresponding regional laws, approaches towards consolidation of the categorical and conceptual apparatus, determination of parties to legal relations in the area of exercising the right of citizens to appeal to government bodies, the role of normative legal and legal acts of the constituent entities of the Russian Federation included into the Ural Federal District within the mechanism of exercising the right of citizens to appeal to government bodies. The conclusion is formulated on the prospect of the approaches of certain constituent entities of the Russian Federation towards legal regulation of the mechanism for exercising the right of citizens to appeal government. The author also makes recommendation for its improvement.

SISTEM PELAYANAN BADAN AMIL ZAKAT NASIONAL (BAZNAS) KOTA SAMARINDA

DEDIKASI ◽  
2020 ◽  
Vol 21 (2) ◽  
pp. 106
Author(s):  
Sarwo Eddy Wibowo Dan Aidar Erika Toding Pali
Keyword(s):  
Service System ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Basis ◽  
Good Service ◽  
Service Program ◽  
Excellent Service ◽  
The Subject ◽  
The Republic ◽  
The Government

Baznas as a trusted amil zakat body because it is centralized and regulated by the government of the Republic of Indonesia and has a legal basis, namely Law No. 23 of 2011 and has standardization and professionalism. This has triggered Baznas to continue to implement a good prime service system, especially in managing and distributing zakat. This is implemented through a zakat service program that seeks to ensure that zakat can be collected from benefactors and muzzaki in a professional and prime manner. This is what muzzaki demands besides good service as well as professional governance. This type of research uses a qualitative approach.  The subject of this research is the National Zakat Agency. Meanwhile, the object of research is the service system. Sources of data obtained by researchers are primary data in the form of interviews, observation and documentation and secondary data through library sources. The results of the research obtained are that the Samarinda City Baznas service system has a series of strategies and processes in zakat management starting from the process of zakat, infaq and sadaqah services, the collection and collection process, distribution programs, and improvement of human resources. The service system of Baznas Kota Samarinda is in accordance with the indicators of excellent service quality, namely transparency, accountability, conditionality, participation, equality of rights, and balance of rights and obligations

Legal regulation of operational and search activities in correctional institutions

2020 ◽  
pp. 140-149
Author(s):  
Кирилл Вячеславович Капустин
Keyword(s):  
Comparative Analysis ◽  
Scientific Literature ◽  
Legal Regulation ◽  
Correctional Institutions ◽  
Legal Basis ◽  
Legal Norms ◽  
Current State ◽  
The Subject ◽  
Definition Of

В статье проводится анализ теоретических положений правового регулирования оперативно-розыскной деятельности и современного состояния нормативного регулирования рассматриваемой деятельности в исправительных учреждениях. На основе сравнительного анализа современной научной литературы по рассматриваемому вопросу автором делается вывод, что исследователи, как правило, отождествляют понятия «правовое регулирование» и «правовая основа» и не уделяют должного внимания правовому регулированию оперативно-розыскной деятельности как процессу, а также формулируется авторское определение «правовое регулирование оперативно-розыскной деятельности». Автор предлагает разделить нормативное регулирование оперативно-розыскной деятельности в исправительных учреждениях на три уровня: конституционный, федеральный, ведомственный и межведомственный. В рамках проведенного исследования были выявлены недостатки ряда правовых норм и предложены пути по их решению. The article analyses both the theoretical provisions of the legal regulation of operational and search activities and the current state of the regulatory regulation of the activities in correctional institutions. On the basis of a comparative analysis of the current scientific literature on the subject, the author concludes that researchers generally identify the concepts of "legal regulation" and "legal basis" and do not pay due attention to the legal regulation of operational-search activities as a process, as well as the author 's definition of "legal regulation of operational-search activities." The author proposes to divide the normative regulation of operational-search activities in correctional institutions into three levels: constitutional; federal; departmental and interdepartmental. The study identified shortcomings in a number of legal norms and suggested ways to address them.

scholarly journals INFORMATION SECURITY AS A SUBJECT OF ADMINISTRATIVE AND LEGAL REGULATION

2021 ◽  
Vol 13 (3) ◽  
pp. 50-56
Author(s):  
Мaria Baran ◽  
Keyword(s):  
Information Security ◽  
Structural Study ◽  
Legal Regulation ◽  
The State ◽  
Strategic Partnership ◽  
Basic Method ◽  
National Interests ◽  
Security Issues ◽  
The Subject ◽  
The Individual

. Information security as a subject of administrative and legal regulation is considered. The basic method of the research is a comprehensive system approach, on the basis of which a general and structural study of information security issues faced by the individual, society and the state is conducted. A comprehensive systematic approach is used by the basic method of the research, on the basis of which a general and structural study of information security issues faced by the individual, society and the state. The multifaceted nature of information and security determines the complexity, importance and relevance of the research on the problem from the point of view of the science of administrative and information law. The interrelation of national and information security, sources of threats to information security and ways of counteraction are revealed. It is established that as a subject of activity aimed at ensuring information security, it is necessary to consider a set of social relations regulated by legal support, the administrative and legal regulation of which depends on possible external influences. The subject area of administrative and legal regulation of information security has the following features: the inseparability of information relations or their conditionality; interconnectedness and interdependence of information relations with objects of national interests in the information sphere; the relationship of administrative and legal regulation of information security, taking into account the emergence, detection and prevention of threats to national interests in the information sphere in order to develop and apply mechanisms to effectively combat threats. Information security activities are expressed in administrative and legal regulation, the subject orientation of which is determined by a set of public relations in the information sphere, aimed at strengthening equal strategic partnership in the field of information security with NATO and the EU, protection of Ukraine’s sovereignty in the information space.

scholarly journals Criminogenic role of “private patronage” as a corruption-causing factor in the judicial act in light of the activity of modern “mafia” groups

2021 ◽  
pp. 190-217
Author(s):  
Nadezhda Pavlovna Novitskaya
Keyword(s):  
Decision Making ◽  
Case Law ◽  
Legal Regulation ◽  
Judicial System ◽  
Procedure Code ◽  
The Subject ◽  
The Russian Federation ◽  
The Government ◽  
Definition Of

This article explores the causes for the emergence of “corruption-causing factors” in judicial acts, indicates correlation between “corruption-causing factors” and “private patronage” on the part of mafia institution (modern mafia groups), which is the highest “specific economic enterprise or industry that produces, encourages, and sells private patronage”, including interference in justice through corruption and bribery. The case law on the topic is analyzed. The object of this research is the activity of judges in assessing legally valid circumstances in relation to the responsibility of judges. The subject of this research is the norms of Russian legislation that regulate the activity of judges in assessing legally valid circumstances, as well as the texts of judicial acts on claims under the Article 125 of the Criminal Procedure Code of the Russian Federation, civil and administrative cases of the courts of St. Petersburg, and the responsibility of judges. The author notes the absence of definition of “corruption-causing factor” in the judicial act, its characteristics, responsibility of the judges for decision-making that contain “corruption-causing factor”, effective judicial bodies that “investigate” the disciplinary misconduct of judges. It is underlined that the implementation of the institution of investigative judge was anticipatory. The scientific novelty is substantiated by the fact that this article is first to outline the concept of “corruption-causing factor” in the judicial act as the grounds for bringing the judge to disciplinary responsibility. The conclusion is made that this is a comprehensive issue; thus, the longer it would take to solve the questions of effective legal regulation of the mechanism of judicial responsibility, the more it would augment the risks of proliferation of the “corruption-causing factor” in the judicial system, which destroys confidence in the government authorities and deteriorates the state from within.

scholarly journals Competence of the constituent entities of the Russian Federation in the sphere of tourism: the state of legal regulation and prospects for development in light of the new Strategy

2020 ◽  
pp. 22-36
Author(s):  
Irina Aleksandrovna Chebotareva
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Public Authority ◽  
Federal Legislation ◽  
Special Importance ◽  
New Strategy ◽  
The Subject ◽  
The Russian Federation ◽  
The Government

The subject of this research is the federal legislation establishing competence of the constituent entities of the Russian Federation in the sphere of tourism. With passing of the Strategy for the Development of Tourism until 2035 by the government of the Russian Federation, and the corresponded change in the paradigm of the national tourism policy, the question on the nature and the extent of participation of the branches of public authority of various levels in its realization gains special importance. Its solution is exacerbated by the fact that tourism as a phenomenon affects different spheres public life. Therefore, it objectively serves as the subject of legal regulation of the acts of various branches of legislation, thus in one way or another, relates to majority of the subject of jurisdiction of all levels of public authority. This article is dedicated to the analysis of the state and forecast of the key trends of development of federal legislation establishing authority of the constituent entities of the Russian Federation in the sphere of tourism due to the coming enactment of the new Strategy for the development of tourism. The conducted research allowed the author to substantiate the inadequacy of the regulation of the authority of the constituent entities of the Russian Federation in the sphere of tourism by the Federal Law “On the Fundamentals of Tourism Activity in the Russian Federation”, as well as indicate the gaps therein; outline other legislative sources of competence of the constituent entities of the Russian Federation in the sphere of tourism; determine the factors of differentiation of the legal regulation of tourism as a subject of shared jurisdiction of the Federation and its constituents; signify the problems of legal formalization of the competence of the constituent entities of the Russian Federation and formulate proposals for their solution. Additionally, this article is first to subject the Strategy for the Development of Tourism until 2035 to legal assessment from the positions of competence of the Russian Federation constituents, underlining narrow avenues of its implementation from the perspective of current legislation.

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