scholarly journals Logic Analysis of How the Emergency Management Legal System Used to Deal with Public Emerging Infectious Diseases under Balancing of Competing Interests—The Case of COVID-19

Healthcare ◽  
2021 ◽  
Vol 9 (7) ◽  
pp. 857
Author(s):  
Chao Zhang ◽  
Lei Hong ◽  
Ning Ma ◽  
Guohui Sun
Keyword(s):  
Infectious Diseases ◽  
Emergency Management ◽  
Legal System ◽  
Conflicts Of Interest ◽  
Focal Point ◽  
Emerging Infectious Diseases ◽  
Legal Framework ◽  
Public Interests ◽  
Legal Norms ◽  
Competing Interests

Development of measures for mitigating public emerging infectious diseases is now a focal point for emergency management legal systems. COVID-19 prevention and containment policies can be considered under the core goal of social and individual interests. In this study we analyzed the complexity between individual and public interests as they conflict when implementing disease preventative measures on an epidemic scale. The analysis was used to explore this complex landscape of conflicting social, public, and legal interests to quantify the potential benefits of public acceptance. Here we use the large-scale COVID-19 epidemic backdrop to examine legal norms of the emergency management legal framework. We find that the implementation of emergency management legal system measures involves the resolution of both direct and indirect conflicts of interest among public groups, individual groups, and various subsets of each. When competing interests are not balanced, optimal policies cannot be achieved to serve and safeguard shared social and community stability, whereas effective social outcomes are obtainable through the development of targeted policies as defined within the emergency management legal system. A balanced legal framework in regards to emergency management legal norms can more effectively serve to mitigate and prevent the continued spread of emerging infectious diseases. Further developing innovative procedural mechanisms as a means to ensure emergency response intervention should take into account the weighted interest of the different social parties to determine priorities and aims to protect legitimate public interests.

scholarly journals THE ROLE OF JUDICIAL PRACTICE IN THE LEGAL SYSTEM: RUSSIAN EXPERIENCE IN THE WORLD CONTEXT

2017 ◽  
pp. 40-49 ◽  
Author(s):  
Виктор Момотов ◽  
Viktor Momotov
Keyword(s):  
Legal System ◽  
Negative Attitude ◽  
Case Law ◽  
Legal Framework ◽  
Legal Systems ◽  
Legal Norms ◽  
Judicial Practice ◽  
The Usa ◽  
Anglo American

In Russian legal science there is a wide-spread belief according to which legal precedents are not sources of Russian law, because Russian legal system forms a part of continental legal system. Various researchers believe that judicial practice does not contain legal norms and consequently case law is not a component of Russian legal framework. The present paper contains the theoretical and historical legal research of the place and role of case law in Anglo-American and continental legal systems. It’s shown that for long historical periods legal precedents were recognized as sources of law not only in Great Britain and the USA, but also in major European legal systems, while at the present time differentiation of legal systems with respect to their attitude towards case law is becoming outdated. Furthermore, based on the research of various legal scholars’ traditions (principally of the positivistic and the sociological traditions) this article demonstrates that negative attitude towards case law is largely determined by the formalistic and obsolete understanding of the term ”source of law”, coming from the misinterpretation of positivism. The paper also presents the current development trends of case law as a source of law. In particular the article outlines the proactive interpretations of new statutory provisions issued by the Plenum of the Supreme Court of the Russian Federation, the global uniqueness of such interpretations and the influence of scientific–technological progress and public needs on the highest court’s interpretations. The mutual interference of case law and statutory law is shown.

scholarly journals Merger and division nullity in the Romanian legal system

2013 ◽  
Vol 7 (2) ◽  
Author(s):  
Bejan Felicia
Keyword(s):  
Legal System ◽  
Subject Matter ◽  
Legal Framework ◽  
Third Parties ◽  
European Directives ◽  
Legal Norms ◽  
Cross Border ◽  
The Subject ◽  
The Creation ◽  
Juridical Acts

As a consequence of the transposition of european Directives regarding the merger, division, and cross-border mergers, the Romanian legal system established a special legal framework with regard to the sanction of nullity for such juridical acts. The peculiarities of internal and cross-border reorganisation operations, and the imperative of protecting the interests of third parties, associates, and the companies involved led to the creation of a derogatory legal system on the matter. An analysis of both theoretical and practical perspectives of the subject matter may result in a useful instrument for the application of incidental legal norms, or every time restructuring juridical acts contravene the legal norms. 

scholarly journals ONLINE REGULATION OF DISPUTES IN ELECTRONIC COMMERCE

2020 ◽  
Vol 6 ◽  
pp. 14-17
Author(s):  
Artem M. Tsirin ◽  
◽  
Madina A. Tsirina ◽  
Keyword(s):  
Electronic Commerce ◽  
Detailed Analysis ◽  
Dispute Resolution ◽  
Conflicts Of Interest ◽  
Digital Technologies ◽  
Legal Framework ◽  
Legal Norms ◽  
Online Dispute Resolution ◽  
The Subject ◽  
Online Regulation

This article on Online Dispute Resolution in E-Commerce provides a detailed analysis of the international legal framework for conciliation and online dispute resolution. The authors analyze the conceptual apparatus of online dispute resolution in the field of e-commerce, the subject of this category of disputes, as well as the person composition of their dispute resolution, including the relevant specializedorganizations, includingmediationcenters, andaspecializedentitiessuchasInternetombudsmen, e-commerceombudsmen and etc. Special attention is paid to the rules ensuring transparency of information about the functioning of platforms for online dispute resolution, and about the persons administering their activities. The article examines the online dispute resolution procedure, as well as the activities of online dispute resolution platforms and persons administering their activities, including their functional responsibilities. The authors come to the conclusion that at a certain stage of the introduction of digital technologies there is competition between legal norms and regulations and algorithms that mediate the use of these technologies. Unfortunately, both are subject to the threat of corruption. In this regard, a proposal is being formulated regarding the establishment of anti-corruption restrictions and obligations, and a requirements to avoid conflicts of interest with respect to persons administering online dispute resolution platforms.

Historical Traditions of the Control of Labour Legislation Compliance

De Jure ◽  
2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Darina Dimitrova ◽  
Keyword(s):  
Legal System ◽  
Historical Perspective ◽  
Legal Framework ◽  
Compliance Control ◽  
Legal Norms ◽  
Labour Rights ◽  
Right To Work ◽  
Labour Legislation ◽  
The Right ◽  
Historical Periods

The paper examines the legal framework of labour legislation compliance control from a historical perspective. It traces the stages of development regarding the control of the observance of employee labour rights in the following periods: 1) from the 1878 Liberation of Bulgaria to 1944; 2) from 1944 to the democratic changes of 1989. The importance of the right to work as a basic constitutional social right and the ways to protect it have been relevant in all historical periods of the development of the Bulgarian legal system. The socio-historical conditionality of the legal norms, protecting the labour rights of hired workers, is clarified through retrospective analysis of the normative regulation concerning the control of the compliance with labour legislation.

scholarly journals THE STATUS AND SIGNIFICANCE OF LEGAL RESPONSIBILITY IN THE LEGAL SYSTEM OF RUSSIAN SOCIETY

2018 ◽  
Vol 6 ◽  
pp. 752-756
Author(s):  
Damir Y. Shapsugov ◽  
Yuri N. Radachinsky ◽  
Andrey V. Kurochkin
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Culture ◽  
Legal Framework ◽  
Legal Responsibility ◽  
Russian Society ◽  
New Approach ◽  
Legal Norms ◽  
Legal Studies ◽  
The Status

Only a few scientific works in Russian legal studies are devoted to the status of legal responsibility in the Russian legal framework. This article examines the status of legal responsibility in the legal system of Russian society and proposes a new approach and defines the relationships between legal responsibility and legal awareness, legal culture, and regulation of social relations on the basis of authors’ consecutive studies as well as other viewpoints presented in the literature. Authors outlined the features of legal responsibility in the context of Russian legal framework and social relations, highlighting criteria of legal behavior and Russian legal norms contributing to the development of this phenomenon.  

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