scholarly journals Methods and Principles of the Activity of the Subjects of Administrative and Legal Relations in the Urban Planning Area

2019 ◽  
Vol 73 (2) ◽  
pp. 37-42
Author(s):  
Є. А. Неборський
Keyword(s):  
Law Enforcement ◽  
Urban Planning ◽  
Construction Industry ◽  
Legal Regulation ◽  
Town Planning ◽  
Legal Rights ◽  
Public Authorities ◽  
Separate Branch ◽  
Executive Agencies ◽  
Construction Law

It has been stated that state policy in the field of construction should have a complete toolkit – a system of means for transferring decisions, tracking their implementation, adjusting plans and measures, attracting the necessary material and human resources, evaluating the implementation of the policy. There has been stated two views on the formation of methods: both methods of a separate branch of law (town planning or construction law) and methods in the field of urban planning with reference to the existing branch of law (administrative, economic, civil). It has been concluded that among the most studied methods of legal regulation inherent for different branches of law, one distinguishes imperative and dispositive methods. The imperative method is aimed at the emergence, alteration or termination of legal relations in the field of urban planning and is implemented by the system of public authorities through the enforcement which results in the issuance of a law enforcement act. Due to its provisions the subjects of these legal relations acquire specific legal rights and obligations. At the same time, the dispositive method is widely used by the subjects of administrative and legal relations in the field of urban planning. Besides, the author has focused attention on the widespread use in practice of: imperative, empowering, encouraging and recommending methods. It has been noted that there is no unambiguous position among scholars on the principles in the construction industry, in general, and the principles specific to the activities of the subjects of administrative legal relations in the field of urban planning, in particular. The author has defined the system of principles of the activity of the subjects of administrative and legal relations in the field of urban planning: a) general principles that determine the general provisions of the activity of public authorities and are based on the legal and organizational provisions of the Laws of Ukraine “On Central Executive Agencies”, “On Local Self-Government”, “On Local State Administrations”, “On Public Service”; b) special principles to be specified in building legislation.

scholarly journals Subjects and Objects of Town-Planning Legal Relations

2020 ◽  
Vol 1 (12) ◽  
pp. 53-61
Author(s):  
O. A. Romanova
Keyword(s):  
Law Enforcement ◽  
Urban Planning ◽  
System Analysis ◽  
Legal Regulation ◽  
Town Planning ◽  
Planning Activity ◽  
Scientific Analysis ◽  
Scientific Significance ◽  
Further Development

The article substantiates the relevance of scientific analysis of the composition of town-planning relations for further development of legal regulation of town-planning and increase in efficiency of law enforcement activities in the field of urban planning. Based on the study of scientific sources, the author concludes that there is insufficient legal research in the field of legal regulation of urban planning. The paper shows the legal and scientific significance of studying the composition and specifics of town-planning relations for the further development of town-planning legislation and the formation of town-planning law. On the basis of the system analysis of the current town-planning and related legislation, the author provides for the legal characteristics of subjects and objects of town-planning legal relations taking into account the specifics of urban planning activity depending on their particular type, their features, problems of definition and identification, differentiation from related legal relations. The author proposes a possible classification of subjects and objects of town-planning relations depending on the type of town-planning activity and their nature.

scholarly journals Legal regulation of property insurance and law enforcement problems

2021 ◽  
Vol 108 ◽  
pp. 01012
Author(s):  
Natalia Olegovna Kurchinskaya-Grasso ◽  
Elena Petrovna Goryacheva ◽  
Igor Viktorovich Popov ◽  
Anastasia Viktorovna Abramova ◽  
Viacheslav Aleksandrovich Pechkurov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Civil Code ◽  
Liability Insurance ◽  
Legal Rights ◽  
Property Insurance ◽  
Legal Method ◽  
The Russian Federation ◽  
Risk Insurance

In the context of modern economic and legal reality, property insurance plays an important role in civil-law relations. For the present, Russian citizens, individual entrepreneurs and commercial entities witness an increasing need for a firm guarantee of protection of property interests linked with performing different types of activities and as well with maintaining a certain standard of living. Analysis of legislation in force reveals some gaps in the legal regulation of insurance institutions as a whole as well as a property insurance contract in particular, that conditions much judicial conflict and occurrence of errors in law enforcement that impact negatively on the protection of legal rights and interests of insurance relations participants. Legal research of law in force, theoretical understanding and relevant judicial practice in the matters of property insurance regulation along with possible identification of existing problems and formulation of proposals on legislation improvement. The methodological base for the present research is represented by a set of general scientific and specific scientific methods of research activities, including a historical method, a method of formal logic, a method of system analysis, a research method, a comparative legal method, a statistical method, a functional-structural method, methods of analysis and synthesis, a method of specification and as well an empirical and theoretical method, i.e. analogy, deduction. The authors suppose that provisions of Chapter 48 of the Civil Code of the Russian Federation must be completed with a separate norm on financial risk insurance as it is the case with property insurance, third-party liability insurance (damage liability insurance, contractual liability insurance) and entrepreneurial risk insurance in parallel with pointing out an object of insurance and cases when the conclusion of the mentioned contract is required. The authors prove the necessity to qualify the reinsurance contract as the property contract in line with other types thereof named in Article 929 of the Civil Code of the Russian Federation.

scholarly journals Administrative and Legal Principles of Prosecutor’s Office Interaction with Public Administration Entities on the Issues of Performing Assigned Functions

2021 ◽  
Vol 80 (1) ◽  
pp. 55-61
Author(s):  
О. Ю. Прокопенко ◽  
В. І. Кравцов
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Legal Regulation ◽  
The State ◽  
Legal Principles ◽  
Civil Proceedings ◽  
The Status ◽  
The Law ◽  
Executive Agencies ◽  
Enforcement Activity

The problem of legal regulation of interaction between the prosecutor’s office and public administration entities on the issues of performing the assigned functions has been studied. The research is based on studying such legislative acts as the Constitution of Ukraine, Laws of Ukraine “On Central Executive Agencies”, “On the Prosecutor’s Office”, “On the Status of MPs of Ukraine”, “On Temporary Investigative and Special Commissions of the Verkhovna Rada of Ukraine” and other legislative acts and bylaws regulating the interaction of the prosecutor’s office with state authorities. The interaction of the prosecutor’s office with public administration entities has been defined as the procedure of appeal of the prosecutor’s office to the executive authorities, which is regulated by law norms, as well as the procedure of consideration of the appeals of MPs and representatives of the executive authorities in the prosecutor’s office. The authors have established the following main directions of the interaction between the prosecutor’s office and the state authorities: consideration of Mps inquiries by the prosecutor’s office, participation of prosecutors in the work of investigative commissions and temporary special commissions of the Verkhovna Rada of Ukraine, interaction of the prosecutor’s office with the Accounting Chamber of the Verkhovna Rada of Ukraine, prosecutors’ representation of state interests in the court by presenting lawsuits within administrative, commercial or civil proceedings, interaction of the prosecutor’s office with the judicial branch of power in the process of judicial system, coordination of law enforcement activity, informing the representative authorities about the results of the activity of the prosecutor’s office and the rule of law in the state and individual territorial community. Improvement of legal principles of cooperation between prosecutor’s office and public administration entities can take place in such areas as bringing the provisions of the Law of Ukraine “On the Prosecutor’s Office” in line with the Constitution of Ukraine, development of a common form of request to all prosecutor’s office in regard to represent the interests in court, establishment of uniform terms for all authorities to consider their requests by the prosecutor’s office, establishment of a separate norm in the Law of Ukraine “On the Prosecutor’s Office” that would regulate the procedure and conditions of coordination of law enforcement activities of other authorities by the prosecutor’s office.

scholarly journals TECHNICAL AND CADASTRAL REGISTRATION OF INFRASTRUCTURE OBJECTS OF REAL ESTATE

2019 ◽  
Vol 3 (1) ◽  
pp. 102-108
Author(s):  
Olga Dudinova
Keyword(s):  
Urban Planning ◽  
Real Estate ◽  
Russian Federation ◽  
Legal System ◽  
Legal Regulation ◽  
Town Planning ◽  
Accounting System ◽  
The Russian Federation

Starting to consider the issues related to the legal regulation and implementation of the reform of technical and cadastral registration of real estate, it is impossible not to say about its role and importance for the Russian legal system. The accounting system is a certain guarantee of the rights of owners in respect of real estate. The issue of legal regulation of infrastructure facilities is still one of the most difficult in the urban planning and land legislation of the Russian Federation. The lack of effective and versatile regulatory and folding it on the basis of the practice make it very difficult town planning and investment development of territories and improvement. In this article the problems connected with legal regulation of infrastructure objects are revealed, the analysis of the current legislation and practical approaches is carried out, the classification of infrastructure objects is investigated, the essence of this concept is revealed.

scholarly journals CONSTITUTIONAL CONSOLIDATION OF LOCAL SELF-GOVERNMENT: THEORETICAL AND LEGAL APPROACH

2021 ◽  
Vol 31 (3) ◽  
pp. 421-431
Author(s):  
A.A. Ivanova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Power Relations ◽  
Legal Regulation ◽  
Public Authorities ◽  
Constitutional Amendments ◽  
Municipal Administration ◽  
Basic Law ◽  
The Russian Federation ◽  
Historical Periods

In the article the topical questions of development of local self-government on the basis of requirements of the Constitution of the Russian Federation with the account of constitutional amendments are considered. The author generalizes some discussions of power relations, which are proved by constitutional fixation of local self-government in different historical periods. Theoretical and practical approaches in providing self-government tasks are considered. Attention is focused on revealing problems in legal regulation and law-enforcement practice for applying experience in modern realities. The author characterizes the innovations of the Basic Law, identifying polemical norms. Such as notion and assignment of public authorities, interaction of bodies of state power and bodies of local self-government, participation of federal and regional levels in municipal administration, formation of effective model of organization of activity of bodies of local self-government, offering some ways of solving the examined disputable moments.

Legal basis of participation of public authorities in urban development activities

2020 ◽  
Author(s):  
Nataliya Postavnaya ◽  
Sergey Bogolyubov
Keyword(s):  
Urban Planning ◽  
Urban Development ◽  
Historical Perspective ◽  
Legal Regulation ◽  
Legal Basis ◽  
Public Authorities ◽  
Wide Circle ◽  
Functional Involvement ◽  
Legal Mechanism

The monograph examines the problems of legal regulation of participation of public authorities in urban planning, which until now were not well understood. Application of the method of historical perspective has allowed to study the peculiarities of the emergence and development of organizational-legal mechanism of regulation of urban development and functional involvement of public authorities in this activity. For scientific and pedagogical workers, students, masters, employees of public authorities, as well as for a wide circle of readers interested in the issues of legal regulation of urban development activities.

Greening of the Construction Industry and its Regulatory Support

2016 ◽  
Vol 4 (5) ◽  
pp. 0-0
Author(s):  
Елена Болтанова ◽  
Elena Boltanova
Keyword(s):  
Natural Resources ◽  
Construction Industry ◽  
Present Article ◽  
Land Development ◽  
Legal Regulation ◽  
Town Planning ◽  
Conceptual Approach ◽  
Russian Economy ◽  
Type Of Management

The term ecologization (“greening”) is becoming increasingly common for scientific studies and legal acts. The present article is devoted to the ecologization problem of one sector of the Russian economy. This study is aimed at formulation of theoretical statements on the construction industry ecologization, analysis of the current legislation with regard to ensuring this process, as well as at identification of the existing defects of legal regulation of corresponding relations. The study shows the importance of greening for the country´s economy, the author proposes to define greening as a complex of diverse measures, united by a single purpose. As one of the ways to ensure the greening in the construction industry the author proposes a conceptual approach to the land development as a specific type of management, as an activity that has an integrated impact on the environment and determines a long-term prospective use of the relevant territory. Based on the analysis of the current legislation on natural resources, the author suggests some changes in the forest, water, town planning legislation and legislation on subsoil.

scholarly journals International Legal Relations Regulation in the Field of Cooperation between Law Enforcement (Police) Authorities

2019 ◽  
Vol 8 (6) ◽  
pp. 1613-1619
Keyword(s):  
Law Enforcement ◽  
Criminal Behavior ◽  
Legal Regulation ◽  
Criminal Prosecution ◽  
Legal Doctrine ◽  
Police Cooperation ◽  
Security Environment ◽  
Procedural Law ◽  
Separate Branch ◽  
International Police Cooperation

The article is devoted to problems of international legal relations regulation in the field of cooperation between law enforcement authorities. The principal focus is laid particularly on police cooperation that gives the edge in countering the current challenges to national and global security. The meaning of such cooperation as an object of international legal regulation is given a thorough analysis. The main perspectives of implementing the international police cooperation are determined in view of the existing threats to the security environment as well as by taking into account the transboundary nature of criminal behavior. The process structure of the international legal relations regulation in the sphere of police cooperation is addressed. It is shown that such regulation is based on the needs of the countries’ national security, but with due regard to national legislation. The latter settles two problems outright: preventing the restriction of national sovereignty and ensuring maximum legality in the criminal prosecution process. The character and emphasis of international legal relations regulation in the sphere of police cooperation were determined. It is emphasized that such regulation includes separate methods of international, administrative and criminal procedural law. Thus, it is concluded that the development of a separate branch of law is a prerequisite, especially in the legal doctrine of international police law. This will ensure the effectiveness and efficiency of international law in the national legal system.

scholarly journals Example and typical cases in the administrative judiciary of Lithuania.

1970 ◽  
pp. 121-126
Author(s):  
Victoria Mykolayets
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Regulation ◽  
Typical Case ◽  
Positive Experience ◽  
Public Authorities ◽  
European Court ◽  
Administrative Courts ◽  
Administrative Proceedings

In the article the specifics of model and typical cases in Lithuanian administrative proceedings are analyzed. The content of each type is investigated and features of administrative and legal regulation of these issues in Lithuania are highlighted. The mechanism of model and typical cases in administrative justice was the institute of pilot decisions rendered by the European Court of Human Rights. Since the first pilot decision was made, the use of this tool was primarily aimed at reducing the burden on courts and judges. At its core, the pilot decisions of the European Court of Human Rights provide guidance to public authorities on the existence of a systemic problem with a large number of persons and recommendations to remedy the identified violations. By implementing the Institute of Pilot Solutions, two tasks were solved at once: first, an institute aimed at solving repeated problems was introduced; secondly, this mechanism facilitated the resolution of cases arising from the persistent systemic malfunctioning of the administrative and law enforcement bodies of the legal system of the state The following features of the legal regulation of model and typical cases in the administrative judiciary of Lithuania are distinguished, which distinguish it from the Ukrainian model of legal regulation of these institutions: 1) model and typical cases were called "model" and "individual homogeneous", but their essence is identical; 2) model cases may be heard by local administrative courts; 3) at least 20 typical administrative cases must be kept in the proceedings of one or more administrative courts in order to open an exemplary case; 4) the decision to open a case in an exemplary case may be appealed by the participants of a typical case; 5) after the entry into force of a decision in an exemplary case, typical cases may be considered in a simplified manner. The directions of borrowing positive experience in the national administrative legislation are outlined and formulated.

scholarly journals Legal Mechanisms of Ensuring Environmental Rights in the Implementation of Urban Planning: Theoretical and Practical Aspects

Lex Russica ◽  
2020 ◽  
Vol 73 (3) ◽  
pp. 33-44 ◽  
Author(s):  
O. A. Romanova
Keyword(s):  
Human Rights ◽  
Urban Planning ◽  
Environmental Factors ◽  
Russian Federation ◽  
Legal Regulation ◽  
Town Planning ◽  
Environmental Rights ◽  
Territorial Planning ◽  
The Russian Federation ◽  
The Right

Adoption of environmentally unreasonable urban planning decisions leads to significant environmental problems in certain territories causing massive violations of the right of citizens to favorable environment as a result of deterioration of environment or certain natural objects. The author has investigated the legal mechanisms of ensuring environmental rights in the implementation of urban planning activities in the context of their effectiveness. The paper has demonstrated the connection between town-planning and relations regulated under environmental law, analyzed objective and subjective environmental factors of town-planning, elucidated the necessity of taking into account ecological factors at the stage of territorial planning, determined the place and importance of urban planning activities in the mechanism of ensuring environmental rights of the man and citizen.The author has examined constitutional foundations of ensuring environmental human rights in the implementation of urban planning activities, implementation of human rights in the principles of urban planning legislation. The author has determined an environmental component of the legal regulation of urban planning, the correlation between such basic concepts of town-planning and environmental legislation as “the right of citizens to a favorable environment,” “favorable conditions of life,” “sustainable development of territories.” The paper has also analyzed legal mechanisms enshrined in the Town Planning Code of the Russian Federation for the consideration of environmental factors and requirements in the process of territorial planning as a fundamental type of urban development at the stage of substantiation and preparation of draft documents of territorial planning of public entities of the Russian Federation and at the stage of coordination of projects between bodies of public administration and local self-government. The paper reveals a declarative and formal nature of the relevant procedures, substantiates the absence of effective legal mechanisms of taking into account environmental factors and requirements in the current town-planning legislation. The author suggests ways of improving the legal regulation of enforcement of environmental rights in the implementation of urban planning.

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