scholarly journals TYPES OF LOCAL LEGAL PRINCIPLES OCCUPATIONAL HEALTH AND SAFETY REGULATION

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 233-243
Author(s):  
О. С. Вареник
Keyword(s):  
National Level ◽  
Professional Knowledge ◽  
Health And Safety ◽  
Legal Regulation ◽  
Labor Protection ◽  
Negative Consequences ◽  
Local Rule ◽  
Local Regulation ◽  
Definition Of ◽  
Rule Making

Local regulation of labor protection is carried out at each enterprise, organization or institution separately. As a result, the subjects of local rule-making have their own ideas about the quality of local regulations, how to draw up such an act and how to teach local law. At the same time, approaches to local regulation of labor protection may differ even within a large enterprise, and even more so at the regional or national level during the creation of collective agreements. The quality and efficiency of local regulation of labor protection depends on the number of accidents at the entrepreneur, safety for members of the workforce and the general population. At the same time, the formation of local regulations can be influenced by completely subjective factors regarding the style of speech, as well as the presence of deep professional knowledge on the topic of labor protection. It is clear that chaos in the understanding of local legal regulation of labor protection increases the likelihood of negative consequences. Today, the legislative definition of uniform requirements for local regulation procedures and the content of local labor protection acts is not provided, and therefore it is important to establish and disseminate among the subjects of local regulation common and easy to understand principles of local labor protection regulation. The article analyzes the practices and legislation on local regulation and establishes which principles apply to labor protection. It is important to derive a classification of such principles, as it will simplify their organization, illustrate the connection and place in legal regulation, interaction with centralized regulation, as well as emphasize the autonomy of local regulation of labor protection. The analysis of the content of the principles of local legal regulation of labor protection provided an opportunity to determine their essence, features of implementation, to clarify their procedural or material nature and systemic action. It is concluded that the principles of local legal regulation of labor protection are all interdependent and non-compliance with at least one of them will lead to the illegality of the local legal act. It is established that the principles combine both legal requirements and requirements of organizational, technical and economic nature. The problem is to convey the content of such principles to the subjects of local rule-making, as many of them do not have special professional knowledge. In addition, it is necessary to create more effective mechanisms for control and monitoring of compliance with the principles during the development and implementation of local regulations on labor protection.

scholarly journals Historical and Legal Preconditions for the Origin of Local Legal Regulation of Labor Legal Relations in Ukraine

2020 ◽  
Vol 89 (2) ◽  
pp. 77-83
Author(s):  
V. V. Sychova
Keyword(s):  
Roman Empire ◽  
Labor Relations ◽  
Legal Regulation ◽  
Russian Empire ◽  
Historical Period ◽  
Local Rule ◽  
Local Regulation ◽  
Active Rule ◽  
The Russian Empire ◽  
Rule Making

Based on the analysis of scientific views of scholars, the author has studied the historical and legal preconditions for the origin of local legal regulation of labor legal relations in Ukraine. It has been noted that the foundations of legal regulation of labor legal relations were laid during the existence of the Roman Empire. Despite the fact that this historical period is characterized by a slave-owning type of economy, we can still talk about the existence of legal regulation of labor at that time. It has been emphasized that an important stage in the development of local regulation of labor relations in Ukraine is the period of Kievan Rus (late IX – mid XIII century), which is characterized by the fact that the legal regulation of labor relations was mainly limited to the issuance of orders by the prince. It has been established that there were no significant changes in the legal regulation of labor relations after the disintegration of Kievan Rus: there were employees in the civil service, who carried out their activities on a contractual basis, and centralized regulation was carried out by the princes of the respective lands. The author has revealed the content of a number of normative and legal acts of the Russian Empire, the norms of which were aimed at regulating labor legal relations. It has been found out that the period of 1861-1917 was characterized by active rule-making activities of the state to regulate labor relations, the adoption of a large number of laws and regulatory acts that were designed to regulate labor relations. It has been emphasized that an important achievement of that period was the expansion of the rights of authorized entities in regard to local rule-making activity. It has been stated that the first legislative foundations were laid at that time in order to implement local legal regulation of labor legal relations.

scholarly journals It Is Not Just Mortality: A Call From Chile for Comprehensive COVID-19 Policy Responses Among Older People

2020 ◽  
Author(s):  
Pablo Villalobos Dintrans ◽  
Jorge Browne ◽  
Ignacio Madero-Cabib
Keyword(s):  
Older People ◽  
National Level ◽  
Health Issues ◽  
Negative Consequences ◽  
Access To Health Services ◽  
Term Care ◽  
Policy Responses ◽  
Level Data ◽  
Definition Of

Abstract Objective Provide a synthesis of the COVID-19 policies targeting older people in Chile, stressing their short- and long-term challenges. Method Critical analysis of the current legal and policy measures, based on national-level data and international experiences. Results Although several policies have been enacted to protect older people from COVID-19, these measures could have important unintended negative consequences in this group’s mental and physical health, as well as financial aspects. Discussion A wider perspective is needed to include a broader definition of health—considering financial scarcity, access to health services, mental health issues, and long-term care—in the policy responses to COVID-19 targeted to older people in Chile.

scholarly journals PROCESSAL ASPECTS OF LOCAL REGISTRATION AS AN ELEMENT OF THE LABOR REGULATION SYSTEM

2020 ◽  
Vol 1 (37) ◽  
pp. 85
Author(s):  
D. Sirokha
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Regulation System ◽  
Labor Regulation ◽  
Local Rule ◽  
Legislative Initiative ◽  
Two Stages ◽  
Rule Making

The purpose of the article is to determine the essence of the procedural aspects of local rule-making. This goal determined the research objectives, which are: the determination of the signs of the local rule-making process, the identification of the stages of the local rule-making process and the stages that make it up. the practice of norm-setting of subjects of labor law is manifested in the relevant procedural legal relations for the implementation of activities for the preparation of drafts of local regulatory acts, their consideration, discussion, adoption and enforcement. The author concluded that the rulemaking process covers two stages: preparation of a normative act and its adoption, including 6 stages: 1) a legislative initiative; 2) development; 3) discussion; 4) approval; 5) adoption and 6) the entry into force of the norative act.Key words: legal regulation, labor relations, local legal acts, stages of rule-making, stages of rule-making.

scholarly journals Limits of permissible intervention in biomedical studies of somatic human rights

2020 ◽  
pp. 92-96
Author(s):  
Myroslava Hromovchuk
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Biomedical Research ◽  
National Level ◽  
Central Place ◽  
Legal Regulation ◽  
Constitutional Rights ◽  
Moral Ideal ◽  
The One ◽  
Definition Of

The article examines the features of the essence and content of the constitutional principles of human rights as a basis for legalregulation of biomedical research of somatic human rights. The author reveals the essence and content of international and nationallegal principles of human biomedical research. It was found that there are currently no standards of legal regulation of human rightsprotection during biomedical research at the national level and at the level of international acts in this field. It is pointed out that theissue of human and civil rights and freedoms in the conditions of formation and development of civil society in democratic states occupiesa central place. It is established that the effective provision of constitutional rights and freedoms of man and citizen is associatedwith the need for restrictions in their implementation. It is determined that it is of fundamental importance that the attitude to law, tohuman rights and freedoms for the Ukrainian legal consciousness is impossible only through the awareness of a certain moral ideal asa goal in one’s own life. Therefore, any legal problem for the Ukrainian mentality is inextricably linked with the values of goodnessand justice, truth and humanity.It is noted that the approaches to the definition of “freedom” have both common and different features or certain clarificationsregarding certain manifestations. Without resorting to controversy about the truth or falsity of each of them, by generalizing their content,we can conclude that freedom, on the one hand, is an action according to their own desires, on the other - an action against them.The limits of permissible intervention in conducting biomedical research with human participation have been studied, as well asthe ethical examination of biomedical research as a way to protect human rights has been determined.

FOREIGN EXPERIENCE OF LEGAL REGULATION OF THE FIGHT AGAINST FAKE NEWS

2021 ◽  
pp. 154-164
Author(s):  
Anna S. Zueva ◽  
◽  
Liana A. Makaeva ◽  
Keyword(s):  
Public Relations ◽  
Positive Impact ◽  
National Level ◽  
Developed Countries ◽  
Legal Regulation ◽  
Point Of View ◽  
The Internet ◽  
Negative Consequences ◽  
Fake News ◽  
Significant Information

The article describes the role of the Internet in the modern information society. The negative consequences of the openness of this information and telecommunications network are studied. The paper also substantiates the consequences of the activities of anonymous users who commit offenses. The authors consider the experience of combating fake news in developed countries (Great Britain, Germany, France) and emerging markets (Brazil, Venezuela, Egypt, Qatar, China, Singapore, Turkey). Special attention is paid to such a new phenomenon in the field of spreading false information as "deepfakes". As a result of a comparative legal analysis of regulation in the field of countering the publication of information that does not correspond to reality in online publications, it is concluded that many countries have realized the importance of the threat of spreading fake news. Foreign legislation is formed from the point of view of creating preventive measures in the field of dissemination of unreliable socially significant information. In addition, the authors of the study noted that the adoption of legal measures to combat the spread of fake news at the national level helps to minimize the negative socially significant consequences of the activities of offenders. From this point of view, these actions are absolutely justified and have a positive impact on the regulation of public relations on the Internet.

scholarly journals Local rule-making as an element of local legal order

2021 ◽  
Vol 4 (14) ◽  
pp. 23-28
Author(s):  
V. Ye. LAPSHIN ◽  
◽  
V. V. SHAKHANOV ◽  
◽  
◽  
...  
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Legal Order ◽  
Local Rule ◽  
The Subject ◽  
Rule Making ◽  
Limited Scope

The article analyzes the problematic issues of the content of local rule-making activity, which is considered as an element of the local legal order. It is noted that local rule-making should be necessary, not accidental. Local regulations acts are correlated with corporate acts. It is proposed to consider them as independent but partially overlapping phenomena. The segment of their intersection depends on the direction of legal regulation, methods of objectification outside and the type of the subject that generates them. The tendency of decentralization of legal regulation and its influence on the local legal order is noted. Local legal regulation has a limited scope of regulation (within a collective formation), is subordinate in nature, implements a generally permissible approach in a strictly defined legal framework and forms a local legal order

scholarly journals ECOLOGICAL NORMALIZATION IN THE SPHERE OF LEGAL REGULATION OF CLIMATE CHANGE PREVENTION IN UKRAINE

2020 ◽  
pp. 47-51
Author(s):  
Ye. M. Kopytsia
Keyword(s):  
Climate Change ◽  
Greenhouse Gas Emissions ◽  
Greenhouse Gas ◽  
Environmental Changes ◽  
National Level ◽  
Legal Regulation ◽  
Gas Emissions ◽  
Leading Role ◽  
Combat Climate Change ◽  
Definition Of

The article carries out the analysis of scientific researches and current legislation in the sphere of prevention and combating climate change. It is determined that the basis for the development of effective national legislation in this area should be formed by the state climate policy. It is proved that the institute of normalization occupies a leading role in providing effective legal regulation in the sphere of prevention and combating negative environmental changes caused by climate change. It is proposed to define ecological normalization in the sphere of climate change prevention as an activity of the authorized state bodies in the development, establishment and implementation of the normative standards of pollutants affecting the climate (limit permissible values of greenhouse gas emissions) with the purpose of limiting and controlling the effects of climate change, preventing its change and ensuring a favorable environmental status as a whole. The article proves the necessity of making amendments to the laws of Ukraine “On protection of the environment” and “On protection of the atmospheric air”, as the initial stage of formation of legal regulation in the field of prevention and combating climate change at the national level, with the prospect of adoption of a special regulatory legal act in this area. Thus, the definition of the concepts of “climate” and “normalization in the sphere of climate change prevention”, as well as legal measures to prevent and combat climate change in Ukraine, which should include the development, installation and implementation of standards for emissions of pollutants affecting the climate (standards of greenhouse gas emissions) should be enshrined in law. Attention is drawn to the fact that the slow pace of development and adoption of regulations in the sphere of climate change prevention, the problems of implementation of the already adopted laws are due to the lack of a mechanism to take into account the problem of climate change and to provide conditions for reducing greenhouse gas emissions in other spheres of state policy, while developing national strategies and programs, etc.

scholarly journals Problems of decentralization reform implementation in Ukraine and ways to solve them

2020 ◽  
pp. 23-28
Author(s):  
M.I. Logvynenko ◽  
A.E. Tsymbal
Keyword(s):  
Legal Status ◽  
Negative Impact ◽  
National Level ◽  
Legal Regulation ◽  
Focused Attention ◽  
Reform Implementation ◽  
Basic Law ◽  
Territorial Organization ◽  
Decentralization Reform ◽  
Definition Of

The present article deals with the decentralization reform in Ukraine, definition of basic concepts, in particular, «decentralization», «local self-government», «territorial community» has been installed, on the European Charter of Local Self-Government, as a fundamental international normative document, proclaiming the foundations of decentralization has been focused attention, the main conceptual document in the field of decentralization reform at the national level has been defined, problematic issues of decentralization reform implementation in Ukraine has been isolated, in the absence of a proper mechanism of legal regulation has been focused attention, after all, the new administrative-territorial system is not prescribed in the Constitution of Ukraine, on the inconsistency of the publicly announced goals of decentralization reform with the real actions of the authorities within the reform, contradictions regarding the legal status of the prefect in the system of renewed local self-government mechanism, irrationality of association of some territorial communities, legal unregulation of land decentralization procedure has been focused attention, negative impact of the consolidation of settlements, optimization of the network of medical institutions on life in territorial communities has been installed, issues of land decentralization and its consequences for citizens has been analyzed, bring in line the mechanism of legal regulation of issues related to decentralization reform, including, make appropriate changes to the Basic Law, adopt the Law «On the Principles of Administrative and Territorial Organization of Ukraine» and other legal acts necessary for the implementation of the reform has been suggested, on the need to bring national legislation into line with the European system of legal regulation has been emphasized, on the need to learn the experience of foreign countries in the field of decentralization reform has been focused attention, the expediency of revising the mechanism of community formation, which should be objective and consistent with the principle of economic efficiency has been installed, prospects for further research on the topic of decentralization reform in Ukraine has been defined.

Tax system: features of conceptual apparatus

2021 ◽  
pp. 80-84
Author(s):  
Artem Kotenko
Keyword(s):  
Legal Regulation ◽  
Main Body ◽  
Negative Consequences ◽  
Tax System ◽  
Local Taxes ◽  
Conceptual Apparatus ◽  
Tax Legislation ◽  
Definition Of ◽  
The Military ◽  
Practical Nature

Problem setting. The definition of the tax system of Ukraine, given in para. 6.3 of Article 6 of the Tax Code of Ukraine (hereinafter - the TC of Ukraine), as a set of national and local taxes and fees, which are managed in the procedure established by this Code [9], does not cover a number of relations regulated by tax legislation. Appeal to the provisions of para. 1 part 2 of Article 92 of the Constitution of Ukraine [4] further "reinforces" our position. According to the abovementioned norm of the Basic Law of Ukraine, only the laws of Ukraine establish a system of taxation, taxes and fees. That is, at the level of the Constitution of Ukraine, the system of taxation and taxes and fees are divided. And there remains space for considerations, which is meant both by the tax system and by taxes and fees. Analysis of recent research. The tax system is a fundamental category of tax law. Various aspects of the tax system have been studied by many scientists. Here it should be noted D. Getmantsev, M. Kucheryavenko, N. Pryshva and others. Among the latest comprehensive legal studies of the tax system should be noted the dissertation of O. Barin "Legal foundations of the tax system of Ukraine: current state, basic elements, principles". The purpose of the article is to study the content and conceptual apparatus of the tax system. Article’s main body. The article is devoted to the peculiarities of the conceptual apparatus used in determining the tax system of Ukraine. The definition of the tax system as a set of national and local taxes and fees in the procedure established by the Tax Code of Ukraine leaves a number of issues of both theoretical and practical nature. Attention is focused on the fact that there is no military fee in the list of state taxes and fees fixed in Article 9 of the TC of Ukraine [9]. It is not clear for what reasons the regulation of its payment is carried out by p. 16-1 of subdivision 10 Section XX of the Tax Code of Ukraine [9]. With this approach, there is a situation when the military fee in the tax system of Ukraine seems not to have. Although the military fee is actually paid. We can’t mention that the name of this tax payment does not correspond to the provisions of clauses 6.1 and 6.2 of Article 6 of the TC of Ukraine [9], where the definition of tax and fee is provided. According to its legal mechanism, the military tax fee, because the main feature of the fee - individual repayment - is absent. That is, the military payer does not receive individual special benefits. Conclusions. The conceptual apparatus used in the Tax Code of Ukraine in determining the tax system of Ukraine has a number of contradictions. The case here is not only in legal technique. The lawmaker's approach to determining the tax system as a set of national and local taxes and fees in the procedure established by the TC of Ukraine leaves a number of issues of both theoretical and practical nature. This attitude to the fundamental principles of legal regulation of the tax sphere can have negative consequences for both taxpayers and budgets of different levels. Bringing the conceptual apparatus into logical compliance will be able to lay down the necessary guarantees of compliance with the rights of taxpayers and will be able to ensure stable receipt of taxes and fees to budgets.

Specificities of the Right to Disseminate Information through the Internet

2019 ◽  
pp. 4-10
Author(s):  
Natalia Kolobaeva
Keyword(s):  
Mass Media ◽  
National Level ◽  
Legal Regulation ◽  
Global Network ◽  
The Internet ◽  
Federal Law ◽  
Human Right ◽  
Legal Rules ◽  
Definition Of ◽  
The Right

The right to disseminate information is a key element of freedom of speech and a fundamental human right which is guaranteed at both international and national level. After internet-technologies had emerged this right transformed and was obtained by new subjects. The scope of aims that could be achieved through realization of this right has also been expanded. In the article, the analysis of development of legal regulation of the right to disseminate information in Russia is given. Initially only dissemination of mass information through mass-media was regulated. Opportunities to disseminate information through the Internet exist for more than 30 years, but legal regulation of this field came to force comparatively recently (in 2000s). Now there is a system of legal rules where two key legal acts operate – Law of the Russian Federation «On mass-media» and Federal law «On information, informational technologies and protection of information». Due to the Internet the legal definition of mass-media tool lost its applicability. New approaches to regulation of the right to disseminate information should be developed. The author proposes to introduce a new model of such regulation by systematization of limitations of this right based on the content of the disseminated information and also by elimination of duplicative limitations. Liability and preventive measures in this model shall take into consideration peculiarities of the global network.

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