scholarly journals Legal relations peculiarities as a subject of legal regulation in the complex law branch

Author(s):  
Lyudmyla Dobroboh

The article deals with theoretical study of the selection of specific features of legal relations of complex lawbranches on the example of environmental law. Today, the subject of legal regulation in this area is public relations for environmental protection and rational use of natural resources in order to ensure the quality of the environment in the interests of present and future generations.

2021 ◽  
Vol 18 (2) ◽  
pp. 164-174
Author(s):  
V. B. Bashurov

The subject of the study is the norms of the legislation of the Russian Federation on administrative offenses, which establish the powers of the subjects of the Russian Federation to determine the procedure for moving detained vehicles to a specialized parking lot and storing them. The object of the study is public relations related to the organization of the activities of service providers for the movement and (or) storage of detained vehicles, as well as the selection of these service providers. Within the framework of the article, the Author presents an analysis of federal and regional legislation in terms of the implementation of powers by public legal entities in this area of relations. The problems of the implementation of federal legislation, as well as the main approaches, similarities and differences of the "advanced" legal regulation of the relations under consideration at the level of the subjects of the Russian Federation are noted. The existing legislative models for involving local self-government bodies in the exercise of the authority to organize specialized parking lots for the storage of detained vehicles are analyzed. In the research paper, the Author presents options for determining the performers of services for the movement and (or) storage of detained vehicles, analyzes the legal grounds for the implementation of each of them, taking into account the existing law enforcement, including judicial practice. For the purpose of unified legal regulation of relations on the movement and (or) storage of detained vehicles, aimed at implementing measures to ensure the proceedings in the case of an administrative offense in the form of detention of a vehicle, the Author formulated proposals for the legislative consolidation of the federal authorities of the authority to determine the procedure for selecting performers of services for the movement and (or) storage of detained vehicles. To ensure equal opportunities for economic entities to carry out activities in the market of services for the movement and (or) storage of detained vehicles, the Author proposed, within the framework of the above procedure, to determine the requirements for the performers of these services, as well as the criteria for their competitive selection. At the same time, the paper substantiates the need for mandatory application of the territorial criterion for the selection of performers of these services for the movement and (or) storage of detained vehicles, taking into account not only the boundaries of the relevant municipality, but also the distance of specialized parking lots from socially significant objects.


Author(s):  
Iaroslav Manin

The subject of this research is the Australian federal and regional normative legal acts that regulate subsoil use. The object is public relations in the sphere of land turnover, subsurface and natural resource management in the Commonwealth of Australia. The author describes the system and structure of normative legal regulation, as well as subsoil use in Australia. The work contains a list of sources of the Australian natural resources law; analysis of their content is carried out. Special attention is given to the legal regime of exploitation of subsoil resources of the continental shelf of the Commonwealth of Australia, licensing of subsoil use, the role of British monarchy in exercising the right of ownership of land by its subjects, and the authority for subsoil management. The scientific novelty of this article consists in the disclosure of legal regime of subsoil use in the Commonwealth of Australia in the context of amendments to Australian natural resources legislation, constitutional and administrative reforms. This work reflects the economic interest of the Russian Federation and domestic organizations of the fuel and energy complex in the Oceania Region, which defines its relevance. The presented materials can be used within the framework of comparative jurisprudence, lawmaking, for educational and other purposes. The author concludes on the preservation of public legal regime of subsoil use in Australia, namely with regards to turnover of licenses and shares therein.


Author(s):  
Mykhailo Kosmii ◽  
Vasyl. Kasiianchuk ◽  
Ruslan Zhyrak ◽  
Ivan Krykhovetskyi

The purpose of this paper is to analyze and research the legal mechanisms which make it possible to improve agroecology through the organization of cultivation of Jerusalem artichoke.Methodology. The methodology includes comprehensive analysis and generalization of available scientific, theoretical, practical and applied material and development of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, historical and legal, logical and normative, systemic and structural, functional, normative and dogmatic, generalization methods. Results. The process of analysis and research highlighted the possibilities of cultivating Jerusalem artichoke for improving agroecology, namely improving the ecological state of the atmosphere air and soil, preparing them for organic farming. The article contains examples of practical application of tubers of Jerusalem artichoke and herbage for the production of therapeutic and prophylactic products, alternative energy and highly efficient building materials. Scientific novelty. The study found that the authors summarized and systematized the levels of legal regulation in the field of using Jerusalem artichoke for improving agroecology, preparing soil for organic farming, in particular: the inter-sectoral level which covers the interaction of agricultural and environmental law in terms of cultivation and use of Jerusalem artichoke; the level of integrated environmental and legal regulation; level of individual resource (floristic) legal regulation; the level of environmental protection (anthropoprotection) legislation.Practical importance. The results of the study can be used in law-making and environmental protection activities related to issues of cultivating and using the Jerusalem artichoke as a means of improving agroecology.


Moreana ◽  
2002 ◽  
Vol 39 (Number 149) (1) ◽  
pp. 41-60 ◽  
Author(s):  
Eugenio M. Olivares Merino
Keyword(s):  

The recent reprinting of Álvaro de Silva’s 1998 edition of a selection of More’s letters prompts the author to examine the subject of Spanish translations of More, and of de Silva’s general commentary on More’s correspondence and on his relationship to other humanists. The author reflects on aspects of More’s personality as exposed in his letters and uses what he finds as a corrective to several biographical misconceptions. He points out the strengths and weaknesses of de Silva’s work and compares it with that of other translators, particularly Elizabeth Rogers, and notes the particularly Spanish quality of de Silva’s edition.


2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Deineha Maryna ◽  
◽  
Marinich Volodymyr ◽  

The article examines the place of Natural Resource Law and post-resource branches of law in the legal system, proposes a hierarchy of these branches and outlines the relationship between the subjects of natural resource and post-resource relations. The subject of legal regulation of Natural Resource Law is defined as qualitatively homogeneous natural resource relations, consisting of the use and reproduction of natural resources – a legally defined part of the environment that have signs of natural origin and are in ecological relationship with the environment and with each other, can be used as a source of meeting human needs. All natural resources, as well as the relationship to their use and reproduction, are closely linked. This connection will always be inseparable and reciprocal. It is established that in the system of Natural Resource Law public relations regarding the use and reproduction of certain natural resources are in fact its subsectors and provide a differentiated approach to the environmentally sound use of each of the relevant natural resources. Natural Resource Law is not a conglomeration of land, water, forest and subsoil law, but their qualitative unity based on a single nature, factors of development and the internal structure of social relations. It is concluded that neither the long history of legislation, nor a significant amount of regulations that are sources of post-resource industries, are grounds for denying the inseparable and mutual connection of post-resource branches of law with each other and with Natural Resource Law and the objective need for separation independent branch of Natural Resource Law. Keywords: Natural Resource Law, land law, water law, forest law, subsoil law, faunal law, floristic law, natural resource relations, post-resource relations, legal system, branch of law


2014 ◽  
Vol 3 (2) ◽  
pp. 127
Author(s):  
Lucas Prabowo

Efforts to meet the economic needs of humans has resulted in severe damage to the ecosystem. Being aware that there is damage to natural resources and ecosystem are getting worse, various efforts underway to hold international conventions in the field of environmental protection has resulted in agreements, both of which are binding (hard law) and non-binding (soft law). Participating countries adopted the convention rules agrred up on into their legaislation, and even to strengthen the protection and enforcement of laws relating to environmental protection and the right to a good environment for the present dan future generations, environmental norms are then contained in the constitution including the Indonesian constitution, namely the post-UUD 1945 amandement. Keywords: environmental damage, international environmental law damage, intergerational equity, sustainable development, and constitution.


2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Kidalov Serhii ◽  
◽  
Snizhna Valeriia ◽  

The scientific work investigates the features of administrative liability for offenses in the field of environmental protection. A classification of administrative offenses in the field of environmental protection has been formed, where the most common method is classification by object of encroachment. A study of the composition of administrative offenses in the field of environmental protection. In particular, it is determined that the composition of environmental offenses consists of: object – public relations in the field of environmental protection; subject – a natural sane person aged 16 years; objective side – illegal behavior, causing harm to the environment or violation of legal rights of subjects of environmental law; the causal link between the wrongful conduct of a person and the harm caused, the subjective side – guilt, motive and purpose of the offense. The issues, essence, features and types of measures of administrative coercion in the field of nature protection, the system and types of administrative penalties, the causes and conditions of committing offenses in the field of ecology are studied. In particular, it is determined that the causes and conditions of environmental offenses can be divided into two groups: subjective (is circumstances that arise in a person's desire to commit them) and objective, which include negative consequences for the nature of some achievements of science and technology. In addition, the scientific article attempts to analyze the main mechanisms of prevention of administrative offenses in this area and on the basis of this analysis, the authors provide their own conclusions on improving the administrative and legal mechanism of environmental protection. Also, it is determined that the administrative remedies for the prevention of administrative offenses in the field of environmental protection in addition to the establishment of legal norms, rules, regulations and standards include: state control over environmental protection; persuasion measures; measures of administrative coercion applied for the purpose of prevention, cessation of offenses in the field of environmental protection and bringing the perpetrators to administrative responsibility, as well as remedial measures. It is proved that to improve the administrative and legal mechanism in the field of ecology, our state should introduce: the use of legal, scientifically sound approach, a system of assistance to enterprises in the field of environmental modernization of production, adoption of the «polluter pays» principle, training and retraining of civil servants, environmental sphere. Keywords: administrative offenses, environmental protection, administrative and legal mechanism, composition of administrative offenses, administrative coercion, administrative and legal measures


2021 ◽  
Vol 16 (31) ◽  
pp. 99-120
Author(s):  
Flóra Orosz ◽  
Noémi Suri ◽  
Renáta Hrecska-Kovács ◽  
Péter Szőke

Environmental protection has become a burning issue which plays a more and more important role in the world. The aim of this study is to give a picture of the constitutional regulation of environmental protection which is the highest legal source of a nation. Besides the Hungarian Fundamental Law, the German, Italian and Belgian constitutions were examined in the study. On one hand, we looked into how environment is regulated in the constitutions, as a right (right to environment) or a state task or objective (protect the environment). On the other hand, we analysed how related regulatory subjects appear in the constitutions, such as natural resources, future generations and sustainable development.


Author(s):  
Vladyslav Zalievskyi

The author’s approach to defining the range of land-related and ground-related phenomena based on administrative law is proposed in the article. The availability of subject authority power relations in the structure and the fulfillment of relevant functions is the main criterion for the separation of such relations. The expediency of using the term “sphere of land relations” as those arising in connection with the exercise of power by the executive authorities and bodies of local self-government is validated and the subject of the relations is land, ground area, rights to them, as well as objects and subjects derived from them. Land relations are one of the largest in volume masses regulated by the norms of public relations law where an absolute majority of both private and public entities are involved. However, due to the diversity of such entities and differences in their legal status, the legal regulation of land relations uses the methods inherent in both civil and administrative law. In addition, in terms of the land law the existence of its own legal regulation method is emphasized. A great deal of research has been devoted to the issues of administrative and legal regulation of land relations, in particular by such scientists as E. Gladkova, M. Kovalsky, V. Pakhomov, M. Shulga, O. Nevmerzhitsky, D. Busuyok and others. Relevant papers from the administrative law point of view emphasize that a great part of the relations which have the subject of land and the phenomena connected with the ground are covered by the subject of administrative law. The aim of this article is to determine the range boundaries of land-related and ground-related phenomena that are regulated by administrative law. Taking into account the normative definition peculiarities of the “land relations” concept content in order to make scientific research, it is more correct to use the term “administrative and legal regulation in the field of land relations” in comparison with the term “administrative and legal regulation of land relations”. The term “sphere of land relations”, in our opinion, should be understood as a set of relations, which in addition to land includes relations arising in connection with the exercise of power by executive authorities and local governments and the subject of these relations is land, ground area, rights to them, and subjects and objects derived from them.


Author(s):  
Maria Elena Echevarría-Guanilo ◽  
Natália Gonçalves ◽  
Priscila Juceli Romanoski

ABSTRACT Objective: to present and discuss conceptual bases and methods for evaluating the content, construct and criterion validity of self-reported measuring instruments. Method: theoretical study based on the concepts of the Consensus-based Standards for the Selection of Health Measurement Instruments and those evaluated in the Evaluating the Measurement of Patient-Reported Outcomes, which includes concepts of instrument assessment to assess patient-reported outcomes. Results: validity is significant for the methodological quality of an instrument; however, it is a relative criterion, since it depends on the adequacy of the instrument to be measured. There are three different validity measurement properties described in the literature: content, construct and criterion validity. Conclusions: as validity is an important property, it is recommended that it be verified in studies that aimed to develop new scales and in those that adapted and validated for another culture or population.


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