Legal aspects of judicial protection of citizens’ rights and public interests in the field of environmental protection in the people’s Republic of China

2021 ◽  
pp. 198
Author(s):  
Natalia I. Khludeneva
Keyword(s):  
Environmental Protection ◽  
Public Organizations ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Public Interests ◽  
Environmental Rights ◽  
Republic Of China ◽  
The People ◽  
Specialized Courts ◽  
Judicial Procedure

This article examines the judicial procedure for protecting the rights of citizens and public interests in the field of environmental protection in the People's Republic of China. The author analyzed the regulatory legal acts of China that regulate the activities of specialized courts for environmental protection. In the course of the research, the features of the creation of such courts are revealed, as well as the analysis of judicial practice on the consideration of disputes in the field of environmental protection is presented. Besides, it is established that only public organizations and prosecutor's offices are authorized to file lawsuits in the specialized courts for environmental protection in defense of public interests in the field of environmental protection. At the same time, the current legislation does not provide for citizens to apply to them, since everyone's environmental rights are generally protected by applying to the people's courts of the People's Republic of China. As a result of the research, the author came to the conclusion that the reform of environmental justice in China continues in the direction of legal regulation of the activities of specialized courts for environmental protection. At the same time, the chinese experience of protecting public interests in the field of environmental protection by public organizations or prosecutor's offices in environmental courts allows us to note an improvement in the quality of justice and progress in the consideration of this category of cases, since decisions are made by judges with special knowledge in this area. While the current legislation of China does not establish the specifics of protecting environmental rights by citizens in a General manner by applying to the people's courts of the People's Republic of China.

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.

scholarly journals Domestic violence: legal aspect of the problem

2021 ◽  
Vol 108 ◽  
pp. 03007
Author(s):  
Marina Aleksandrovna Buchakova ◽  
Evgeniy Viktorovich Koshelev ◽  
Liliya Mudarisovna Altynbaeva ◽  
Andrey Aleksandrovich Gaydukov ◽  
Aleksandr Ivanovich Scheglov
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Legal Aspect ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Domestic Relations ◽  
The People ◽  
Criminal Legislation ◽  
Article Study ◽  
Research Analysis

Prerequisites of research. The authors of the article study the approaches to the solution of the domestic violence problem from the position of different branches of law: constitutional, international, family, administrative, and criminal law that allows revealing the inconsistence and collisions in the current legislation related to this phenomenon. Objectives of the research. The objective of the research is to analyze the legal aspects of the problem related to domestic violence and also search for possible ways of their solution directed to the improvement of the current criminal and administrative legislation. Methods. The following system of methods was used in the research: analysis, synthesis, and the system approach. In addition, the comparative and legal methods were applied when analyzing the international norms and individual laws of the foreign states directed to combatting domestic violence. Results. The improvement of legal regulation in regard to the establishment of consistency of branches of law, first of all, administrative and criminal legislation. Basing upon the current norms of criminal, administrative, and family legislation, the conclusions are made of the consistency, wrongfulness, and public danger of domestic violence, the main form of which in Russia is physical abuse of the people having family and domestic relations with a law-breaker. Domestic violence is a complex social phenomenon. It appears depending upon the object of abuse and its consequences, as a rule, are spread to all family members. The violence acts are made mainly to women and have a latent character. Only the legally punishable acts provided by the legislation of administrative violations and criminal law can be considered the expression of domestic violence. Novelty. A complex interbranch approach to the domestic violence problem is used, the suggestions for the improvement of the current legislation are offered.

Prospects for the introduction of the ecological court in Ukraine

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Buzunko Olena ◽  
Keyword(s):  
Environmental Protection ◽  
Environmental Problems ◽  
Legal Regulation ◽  
Necessary Condition ◽  
Human Society ◽  
Successful Development ◽  
Public Interests ◽  
Private And Public ◽  
Environmental Relations

Effective legal regulation of environmental protection and protection of environmental relations in modern conditions is a necessary condition for the successful development of human society. Given the specifics of existing environmental problems, the article is devoted to the coverage of various forms and models of specialized environmental courts operating in different countries. The scientific opinions on the organization of activity of ecological courts are covered, the normative-legal acts regulating ecological legal relations are analyzed. The conclusion on prospects of introduction of ecological court in Ukraine is made. To this end, it is necessary to reform the legislation on the judiciary, update procedural legislation to ensure a harmonious combination of private and public interests in the field of environmental relations. Keywords: environmental protection, ecological legal relations, organization, activity, ecological court

Political and Legal Aspects of Transboundary Waters Regulation in Central Asia Faced by the Republic of Kazakhstan

2019 ◽  
Vol 9 (7) ◽  
pp. 1577
Author(s):  
Aidos Kh. KHAMIT ◽  
Zhanna B. SHAYAKHMETOVA ◽  
Ademi T. MUKHANOVA
Keyword(s):  
Legal Status ◽  
Negative Impact ◽  
Legal Aspects ◽  
Transboundary Rivers ◽  
Ecological Situation ◽  
Republic Of China ◽  
Transboundary Waters ◽  
The People ◽  
The Republic ◽  
Definition Of

The article reveals the legal problems of international legal status and the regime of use of transboundary waters of the Republic of Kazakhstan, which mostly do not have a clear international legal status and the regime of their use. This circumstance worsens the ecological situation in the region, exacerbates the interstate contradictions of the Republic of Kazakhstan with neighbouring countries and has a negative impact on the socio-economic development of the country. The article highlights the interstate problem related to the definition of the regime of use of transboundary waters with the People’ Republic of China that can be solved only on a tripartite basis. Article reveals vulnerability of position of Republic of Kazakhstan in negotiations on transboundary rivers with the People’ Republic of China and necessity to resolve this problem with the participation of the Russian side.

Constitutional-legal status of the special administrative region of Hong Kong as a territorial autonomy within the People's Republic of China: current trajectories of transformation

2021 ◽  
pp. 120
Author(s):  
Igor V. Irkhin
Keyword(s):  
Hong Kong ◽  
Legal Status ◽  
Financial Economic ◽  
Legal Regulation ◽  
Legal Regime ◽  
Public Authorities ◽  
Republic Of China ◽  
The People ◽  
The Status ◽  
Mass Protest

In this article examines the genesis of the formation and development of Hong Kong as part of the People's Republic of China, analyzes the current constitutional-legal status of the system of public authorities in this region and the problems of legal regulation of their relationship with the authorities of the central of the PRC. Author is concluding that the determining determinants of Hong Kong's qualifications as territorial autonomy are the authentic legal system, financial-economic and international-legal status. Also is emphasized that the model of the constitutional-legal regulation of the status of Hong Kong is characterized by a "creeping" bifurcation of formal and actual approaches to interpreting the area of competence of this region, which led to mass protest actions (2019 - 2020), partly inspired by the reactions of some foreign actors. In final of article author is formulated thesis on the convergence of the constitutional-legal regime of territorial autonomy with the principles of state unity and territorial integrity.

scholarly journals Planned obsolescence: legal aspects of counteraction

Pravovedenie ◽  
2018 ◽  
Vol 62 (3) ◽  
pp. 518-530
Author(s):  
Pavel L. Lihter ◽  
Keyword(s):  
Modern Society ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Public Law ◽  
Social Rights ◽  
The European Union ◽  
Planned Obsolescence ◽  
Public Interests ◽  
Warranty Period ◽  
Holistic Concept

Modern society faces new challenges due to the development of technology, economy, level of consumption. The article deals with the legal aspects of counteraction to the strategy of unscrupulous manufacturers for deliberate programming of technical defects of the goods, leading to the need to replace it immediately at the end of the warranty period. This strategy has significant implications for public health, social and environmental security. The objectives of the work are studying the actual problems of planned obsolescence of products, the search for its essence, principles and features. The author identifies legislative and law enforcement practice formed by the European Union and different countries in this area. The analysis of law in other countries allows to state the tendency of shift of emphasis from private law methods of protection of consumer and social rights to public law methods, to wider use of a number of coercive instruments. Rethinking the balance of private, public and public interests led to the author’s proposal to develop a holistic concept of legal regulation of civil law relations. As a result of the article, the directions for improving various branches of law in order to counteract the planned obsolescence of goods are proposed.

scholarly journals Critical information infrastructure of the People’s Republic of China: peculiarities of legal regulation in the area of ensuring information security of the financial-banking sector

2020 ◽  
pp. 45-57
Author(s):  
Ella Gorian
Keyword(s):  
Information Security ◽  
Banking Sector ◽  
Information Infrastructure ◽  
The United States ◽  
Legal Regulation ◽  
High Tech ◽  
Republic Of China ◽  
Critical Information ◽  
The People ◽  
The Law

The object of this research is the legal relations emerging in regulation of critical information infrastructure with regards to ensuring information security of the financial-banking sector of the People’s Republic of China. Characteristic is given to the Law on Cybersecurity, acting and developing draft bills of the People’s Republic of China in the area of security of critical information infrastructure. The author examines the peculiarities of regulation of relations in the sphere of critical information infrastructure and their role in ensuring cybersecurity of financial-banking sector. Factors affecting formation of the national mechanism of ensuring security of critical information infrastructure are determined. For the purpose of acquiring most accurate scientific results, the author applies legal-dogmatic approach, hermeneutic and synergetic methods of scientific cognition. Despite the numerous existing and developing sources of legal regulation of critical information infrastructure, the normative mechanism of ensuring its security is characterized by interrelatedness, and reflects overall character of the regime of China’s digital policy. The Law on Cybersecurity of the People’s Republic of China establishes the general norms, as well as draft bills – special norms; and the standards contain high-tech methodical recommendations that allow clarifying possible ambiguity of general and special norms. However, even within the limits of this mechanism is observed a partial overlap of responsibilities, including in the financial-banking sector, which complicates the process of identification of objects and determination of subjects of critical information infrastructure. Establishment of the mechanism is also perplexed by the need of simultaneous achievement of goals in the spheres of national security and economy, particularly in opposition during talks with the United States, which promotes policy of economic expansion onto China’s market, using tariff and nontariff measures as the levers of pressure.

scholarly journals RATIONAL NATURE MANAGEMENT AS A COMPONENT OF ENVIRONMENTAL SAFETY: ECONOMIC AND LEGAL ASPECTS

2021 ◽  
Vol 4 (39) ◽  
pp. 429-438
Author(s):  
О. Baik ◽  
L. Yarmol ◽  
М. Sirant ◽  
H. Popadynets ◽  
N. Stetsyuk
Keyword(s):  
Natural Resources ◽  
Environmental Protection ◽  
Environmental Safety ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Nature Management ◽  
Ecological Safety ◽  
Rational Use ◽  
Rational Nature ◽  
Legal Mechanism

Abstract. The article deals with the analysis of economic and legal aspects of rational nature management as a component of ecological safety. The ecological problems of the current state of the natural environment of the country are analyzed. It is stated that environmental security is one of the most important components of national security of Ukraine, which depends on the rational use and reproduction of natural resources. The concept of rational nature management is formulated, the concept consists in the sphere of production and scientific activity aimed at the study, development, protection and transformation of nature in order to ensure favorable conditions for human life. It was found out that the rational use of nature necessarily involves the economic and legal component, which lies in getting the most out of economic and other activities in the use of natural resources at economically reasonable costs. The concept of economic and legal mechanism of nature management is defined, which is enshrined in the system of economic and legal measures, incentives and other regulators aimed at ensuring environmental protection, environmental safety and organization of rational nature management and is based on the concept of payment for the use of natural resources, introduction of economic and legal responsibility. Proposals have been formulated as for the implementationof additional measures of fiscal regulationof nature use by Ukraine, granting tax benefits to enterprises implementing relevant environmental protection programs, insurance of environmental risks. Key words: ecological safety, rational nature use, economic and legal mechanism, legal regulation, environment, norms of law. JEL Classification К32 Formuls: 0; fig.: 0; tabl.: 3; bibl.: 23.

scholarly journals On Typical Violations of Legislation in the Field of Use and Protection of Specially Protected Natural Areas

2021 ◽  
Vol 16 (5) ◽  
pp. 205-213
Author(s):  
S. V. Berdinskikh
Keyword(s):  
Public Interest ◽  
Legal Regulation ◽  
Natural Areas ◽  
Public Interests ◽  
Specially Protected Natural Areas ◽  
Protected Natural Areas ◽  
The Subject ◽  
Theory Of Law ◽  
Judicial Procedure

Given the provisions of the theory of law, the author provides her own classification and systematization of typical violations in the field of use and protection of specially protected natural areas. A classification of violations by the form of behavior, form of guilt, behavior of subjects in the legal sphere, type of responsibility, subjects, consequences, subject of legal regulation is proposed. For the rational use of the potential of the prosecutor’s office, it possible to systematize typical violations according to the principle of exclusivity of the judicial procedure for protecting public interest as the only possible response. Typical violations require special attention of the prosecutor’s office, predetermine the ways to protect the violated or contested public interest, including in court, and the measures of the prosecutor’s response should correlate with them. The proposed classification and systematization of typical violations according to the criterion of the subject of legal regulation and according to the principle of the exclusivity of the judicial order of protection will serve as the basis for improving the organization of activities (supervisory and non-supervising) of the prosecutor to protect public interests in the use and protection of specially protected natural areas, and the development of methods for this activity.

Legal framework for improvement of agroecology by cultivating jerusalem artichoke

2020 ◽  
pp. 59-66
Author(s):  
Mykhailo Kosmii ◽  
Vasyl. Kasiianchuk ◽  
Ruslan Zhyrak ◽  
Ivan Krykhovetskyi
Keyword(s):  
Environmental Protection ◽  
Organic Farming ◽  
Alternative Energy ◽  
Building Materials ◽  
Environmental Law ◽  
Jerusalem Artichoke ◽  
Legal Framework ◽  
Legal Regulation ◽  
Practical Application ◽  
Scientific Cognition

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.

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