scholarly journals Status «ecological» obligations of a flag state as an integral part of the «genuine link» conception

2021 ◽  
Vol 10 (47) ◽  
pp. 190-196
Author(s):  
Serhii Kuznietsov
Keyword(s):  
Marine Environment ◽  
Legal Status ◽  
Environment Pollution ◽  
Legal Regime ◽  
Maritime Law ◽  
Analysis And Synthesis ◽  
National Norms ◽  
Definition Of ◽  
And Control ◽  
The Unclos

The modern legal regime of a flag State’s status “ecological” obligations is composed by a legislation (laws and regulations) of two levels: international and national. The legislation of both the levels is consistent with the generally accepted international rules, standards and recommended practices and procedures, the “UNCLOS’82”, the rights of States and prescribes, inter alia, measures to be taken for the protection and preservation of the marine environment pollution – measures to prevent, reduce and control pollution of the marine environment – the States’ “ecological” obligations. It is generally accepted in international maritime law to dived abovementioned obligations in: status “ecological” obligations of the “shore States”, status “ecological” obligations of the “port States” and status “ecological” obligations of the “flag States”. The research topic is certainly relevant given the almost catastrophic situation due to pollution of the world's oceans and the environment in general. The research methodology includes methods of analysis and synthesis, dogmatic method and comparative law method. This research focuses on the definition of the modern international legal regime of a flag State’s status “ecological” obligations. These obligations form a flag State’s legal status and could be qualified as an integral part of the “genuine link” conception. The author of the article concluded that the current conventions in the field of maritime law aimed at protecting the world's oceans play an important role, but no less important tasks are to improve national legislation of coastal countries, as well as proper implementation of both international and national norms aimed at the protection and restoration of the world's oceans.

ADMINISTRATIVE AND LEGAL STATUS OF THE CAPITAL OF UKRAINE - THE HERO CITY OF KYIV AS A GUARANTEE OF THE RIGHTS OF CITIZENS OF UKRAINE AND THE TERRITORIAL COMMUNITY OF THE CITY

2017 ◽  
Author(s):  
Oleksii Chepov ◽  
Keyword(s):  
Legal Status ◽  
Modern World ◽  
Legal Regime ◽  
Legal Doctrine ◽  
City Councils ◽  
The Social ◽  
District Management ◽  
Definition Of ◽  
The Relationship ◽  
The City

The qualitative and clear definition of the legal regime of the capital of Ukraine, the hero city of Kyiv, is influenced by its legislative enshrinement, however, it should be noted that discussions are ongoing and one of the reasons for the unclear legal status of the capital is the ambiguity of current legislation in this area. Separation of the functions of the city of Kyiv, which are carried out to ensure the rights of citizens of Ukraine and the functions that guarantee the rights of the territorial community of the city of Kyiv. In the modern world, in legal doctrine and practice, the capital is understood as the capital of the country, which at the legislative level received this status and, accordingly, is the administrative and political center of the state, which houses the main state bodies and diplomatic missions of other states. It is the identification of the boundaries of the relationship between the competencies of state administrations and local self-government, in practice, often raises questions about their delimitation and ways of regulatory solution. Peculiarities of local self-government in Kyiv city districts are defined in the provisions of the Law on the Capital, which reveal the norms of the Constitution in these legal relations, according to which the issue of organizing district management in cities belongs to city councils. Likewise, it is unregulated by law to lose the particularity of the legal status of the territory of the city. It should be emphasized that the subject of administrative-legal relations is not a certain administrative-territorial entity, but the social group is designated - the territorial community of the city of Kiev, kiyani. Thus, the provisions on the city of Kyiv partially ignore the potential of the territorial community.

scholarly journals THE “CRIMINAL LAW OF VICTIM” AS A CRIMINAL LAW MODEL

2018 ◽  
Vol 2 (2) ◽  
pp. 14-19
Author(s):  
Irina Aleksandrovna Tretyak
Keyword(s):  
Criminal Law ◽  
Legal Status ◽  
Criminal Liability ◽  
Theoretical Models ◽  
Legal Personality ◽  
Basic Model ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
Definition Of ◽  
The Impact

The subject. The article is devoted to analysis of the basic models of criminal law and the impact of victim’s legal status on the criminal legal theory.The purpose of the paper is to substantiate the existence and the importance of “criminal law of victim” as basic model of criminal legal theory.The methodological basis of the research includes general-scientific methods (analysis and synthesis, system-structural approach) as well as academic methods (formal-legal method, method of interpretation of legal texts).Results and scope of application. The definition of the role of the victim, the importance of his legitimate interests in the implementation of criminal liability is complicated by the fact that the basic models of criminal law developed by science – “criminal law of the offender” and “criminal law of the crime” – do not consider the victim as a subject of criminal legal relations.The theoretical models of criminal law are embodied in the criminal law, specific legal rela-tions, law enforcement acts, etc., in connection with which there are specific indicators – the parameters by which it is possible to determine which model of criminal law is implemented.If the question of the criminal legal personality of the victim is controversial, in my opinion, there is no doubt that the victim is a party to the criminal law conflict, which often begins to unfold long before the crime.Conclusions. Recognizing the victim as a subject of criminal legal relations, as well as a par-ticipant in the criminal law conflict, it is possible to talk about the formation of a new model of criminal law – “the criminal law of victim”.

scholarly journals The Legal Definition of Railway Areas in Poland. The Limitations of Investment and Conducting Business Activity on the Railway Areas

2018 ◽  
Vol 8 ◽  
Author(s):  
Piotr Szulc
Keyword(s):  
Legal System ◽  
Legal Status ◽  
Business Activity ◽  
Railway Transport ◽  
Legal Regime ◽  
Legal Definition ◽  
Administrative Courts ◽  
Definition Of

The paper analyses the legal definition of railway areas in Poland based on the Railway Transport Act. The author tries to find an answer to the question of what the legal status of railway areas in the Polish legal system is, with emphasis on the classification of railway areas to the wider group of special areas. Moreover, the paper describes the restrictions on investments on railway areas which are presented based on the previous judicature of the Polish administrative courts. Then other detailed obligations resulting from the special legal regime in this area are explained.

scholarly journals Animals as objects of civil rights: current issues

2021 ◽  
Vol 25 (1) ◽  
pp. 294-308
Author(s):  
Valentina N. Sinelnikova ◽  
Oleg A. Khatuntsev
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
System Analysis ◽  
Civil Code ◽  
Legal Rights ◽  
Social Significance ◽  
Legal Regime ◽  
The Social ◽  
Modeling And Forecasting ◽  
Definition Of

The relevance of the research is based on the heated discussion that has unfolded in recent years in connection with changes of the current legislation on legal regime of animals as objects of civil rights as well as awkward suggestions aimed at essentially reshaping the civilistic concept of animals and establishing their special legal status by recognizing them, albeit with some restrictions, as subjects of legal rights. The purpose is to analyze the genesis of animals legislation, including but not limited to international legislation, and to reveal the social significance of norms governing the conditions and procedure for acquisition of animals and the limits and principles of their treatment. The article also aims at voicing the authors position on participation in the civil circulation of animals. Research methods applied in the work are as follows: formal-legal, dialectical unity, system analysis, interpretation, modeling, and forecasting. The results of the study (conclusions) are realized in proposing to supplement Art. 128 of the Civil Code of the Russian Federation with a new term property as basic in relation to terms things, other property, and property rights. It is also recommended to expand the range of objects of civil rights by identifying animals as an independent object, clarify the revision of Art. 137 of the Civil Code, presenting in it the definition of an animal as an object of civil rights and reflecting the main criterion for classifying animals (turnover). In addition, a judgment was made on changes in Russian legislation introduced in 2020, including the Law On the Animal World, allowing amateur and sports hunting of animals in semi-free conditions and artificially created habitat. This law clearly contradicts international agreements that allow hunting (capture) of animals only for the maintenance of human livelihood.

scholarly journals Blockchain as a Tool for Increasing Information Transparency of the Business Ecosystem

2021 ◽  
Vol 8 (4) ◽  
pp. 6-17
Author(s):  
R. P. Bulyga ◽  
I. V. Safonova
Keyword(s):  
Information Exchange ◽  
Rapid Development ◽  
Financial Economic ◽  
Information Transparency ◽  
Market Participants ◽  
Blockchain Technology ◽  
Analysis And Synthesis ◽  
Definition Of ◽  
And Control

The rapid development of blockchain allows us to refresh and update our technological approaches to the formation of business information. According to experts future blockchain ecosystems will form a different philosophy of organizing financial and management accounting. The aim of the study is to identify trends in the development of blockchain technology, forecast the consequences of its application in the accounting and information area of economic entities. Its methodology is based on the use of the following methods: analysis and synthesis, comparison, systemic and logical approach, the method of analogies and grouping. The paper provides an overview of studies of authoritative global platforms about the potential of using blockchain technology and distributed ledgers in the financial, economic, accounting and control spheres. The authors analyzed global initiatives for the development of blockchain technology which actively had being discussed in the world community. The essence and approaches to the definition of blockchain are shown, as well as the classification of blockchain systems types. The trends in the development of blockchain in the field of management activities and the potential possibilities of its application at certain stages of the accounting process are revealed. It is concluded that the use of a blockchain system is an effective platform for the information exchange between economic entities, ensuring its reliability, safety and transparency, forming an instrumental basis for the transactional accounting development. The study may be of interest to national regulators, investors and financial market participants, as well as international business and professional communities.

scholarly journals The Crimes of Trespassing the Marine Environment in the UAE Legislations

2018 ◽  
pp. 1-16
Author(s):  
Sulaiman Alsinani ◽  
◽  
Mohammad Amin AlKarisheh ◽  
Keyword(s):  
Natural Resources ◽  
Marine Environment ◽  
Legal Protection ◽  
Penal Code ◽  
Environment Pollution ◽  
Federal Law ◽  
Specialized Courts ◽  
The Law ◽  
Definition Of

Particular attention has been given to the marine environment in the UAE. Hence, the legislator has devoted Part II of the Federal Law No. 24 of 1999 which is concerned with the protection and development of the environment. The Law initially identified the scope and goals of the protection, mainly tackling protecting the nation’s coasts, beaches and ports from the dangers of all forms of pollution. In addition to protecting the marine environment and its natural resources through criminalizing any action harming them. The research aims to identify the role of enforced legal protection of the marine environment in the UAE legislations in terms of application, effectiveness and identifying implementation constraints. In order to achieve this, the research reviews the definition of marine environment pollution, identifies elements of marine environment pollution crime and its sanctions. Finally, the researchers aspire that the UAE legislator would add the crime of trespassing the marine environment to the principle of universality, stipulated by the article 21 of the penal code, and specialized courts and investigative bodies to speed the process of looking into marine environment crimes and apply proper sanctions

scholarly journals Issues of regulating cryptocurrency and control over its turnover: international experience

2020 ◽  
Vol 9 (31) ◽  
pp. 10-20
Author(s):  
Mykhailo Dumchikov ◽  
Nataliia Kononenko ◽  
Liudmyla Batsenko ◽  
Roman Halenin ◽  
Nataliia Hlushchenko
Keyword(s):  
Legal Status ◽  
State Level ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Initial Stage ◽  
Relevant Topic ◽  
Scientific Results ◽  
Definition Of ◽  
And Control

The article deals with an important and relevant topic – the definition of the concept and essence of cryptocurrencies, the study of the problems of their legal regulation, the rationale for control over their turnover, as well as the analysis of ways to counter money laundering that involves cryptocurrency. The authors emphasize that measures taken exclusively at the state level are not enough to create an effective, integrated and comprehensive system for regulating the legal status of cryptocurrencies. Therefore, international cooperation and the strengthening of cooperation between various states in the field of cryptocurrency regulation is important. The authors analyze the scientific doctrine regarding the essence of cryptocurrency. It was found out that there was no single approach to the definition of “cryptocurrency” among scientists. Moreover, cryptocurrencies in various laws of the world have different status. The authors used general scientific and special scientific methods, which provided an objective analysis of the purpose of the study. The research methods were used in interconnection and interdependence, which ensured the comprehensiveness and completeness of the research, as well as the validity of the obtained scientific results. The authors have determined states where cryptocurrency has an official status, is at the initial stage of legal regulation or completely prohibited at the state level. The relevance of the research consists in the actual absence of the legal framework for the regulation of cryptocurrencies, which is conditioned by the novelty of this phenomenon and the problems related to its functioning. The authors proposed their own definition of cryptocurrency based on its main features.

scholarly journals FEATURES OF ORGANIZATION MEDICAL TOURS

2020 ◽  
pp. 14-21
Author(s):  
Svitlana Batychenko ◽  
Sergey Uliganets ◽  
Lyudmila Melnik
Keyword(s):  
Medical Tourism ◽  
Marketing Research ◽  
Medical Product ◽  
Tourism Industry ◽  
Practical Significance ◽  
Analysis And Synthesis ◽  
Principles And Standards ◽  
Specific Material ◽  
Definition Of ◽  
And Control

Goal. Disclosure of theoretical aspects of technology and organization of medical tours. Method. The study is based on general scientific methods, namely, analysis and synthesis, descriptive. Results. The definition of the concepts "medical tourism" and "health tourism" is revealed, according to which the structure of the medical tourism industry is given. Signs of medical tourism are defined. Elements of the market of medical tourism are defined. It is established that the list of works on creation of a medical tour (product, program) includes: research of the market of potential demand; search for partners; checking the availability of services and establishing the adequacy of previously received information; preparation of agreements (contracts) on cooperation with suppliers / sellers of tourism products and negotiations; information and methodological support of the tour; realization of medical rounds to consumers; registration of documents for travel; direct service of tourists and control over the provision of a certain quantity and quality of services; other types of work. The main stages of development of a medical round are offered. The generalized actions at concrete stages of process of the organization and realization of a medical round are resulted. Scientific novelty. Generalized measures at specific stages of the process of organization and implementation of the treatment tour. Development of a medical product, includes: marketing research; analysis of market segments and competitors; proposed consumer demand; resort locations; market conditions of tourist services; estimation of real costs for development, advertising and promotion of services. Practical significance. Based on the study of international experience of spa resorts, in order for sanatoriums of Ukraine to more actively implement progressive international principles and standards of medical tourism, we have developed the following generalized recommendations for the management of domestic sanatoriums: to develop variable season tickets for complex medical services; pay attention to the formation of individual training programs with the subsequent control of the instructor; to improve the system of medical service with new programs for a specific material and technical base; to intensify the organization of short-distance tourism in the conditions of sanatorium treatment; systematically improve the network and develop new tourist routes of hiking, cycling, equestrian tourism, terrain routes, Nordic walking; to develop walking medical tourism, hippotherapy.

scholarly journals Administrative and Legal Principles for Determining the Legal Regime of Using Forestry Resources as an Important Component of Nature-Oriented Complex of Ukraine

2019 ◽  
Vol 85 (2) ◽  
pp. 66-77
Author(s):  
О. Ye. Volkov
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Scientific Development ◽  
State Control ◽  
Legal Regime ◽  
Legal Principles ◽  
Time Requirements ◽  
Forest Legislation ◽  
Definition Of ◽  
Forestry Resources

The author has studied the concept and content of the legal regime in the general sense and through the prism of the sphere of research of the forestry fund of Ukraine. The elements and features of the legal regime of forestry resources of general and special purpose have been characterized. The author has offered own definition of the concept of “legal regime of the forestry fund”. It has been emphasized that the effective protection of the forestry fund as an important component of the country’s nature-oriented complex depends directly on the proper implementation of the norms of the legislation regulating the relations concerning the use and protection of forestry resources, compliance of these norms with the provisions of European legislation and time requirements, as well as on the systematic exercise of state control over the area of use and protection of forestry resources. It has been concluded that it is necessary to improve administrative and legal principles of the use (protection) of the forestry fund objects of the proper legal regulation of relations in this sphere by developing and adopting the Law of Ukraine “On the Forestry Fund of Ukraine”, codification of the forest legislation of Ukraine, systematic review and introduction of relevant amendments to the Forest Code of Ukraine, updating the legal status of the forestry authorities in regard to ensuring the legal regime of the forestry fund. The author considers the scientific development of issues concerning the elaboration of the issues on improving the mechanism of administrative and legal regulation of the legal regime for offenses in the field of use and protection of forestry resources in Ukraine in the context of the implementation of European law into Ukrainian legislation as a perspective direction for further research.

scholarly journals The Crimes of Trespassing the Marine Environment in the UAE Legislations

2017 ◽  
pp. 1-16
Author(s):  
Sulaiman Alsinani ◽  
◽  
Mohammad Amin AlKarisheh ◽  
Keyword(s):  
Natural Resources ◽  
Marine Environment ◽  
Legal Protection ◽  
Penal Code ◽  
Environment Pollution ◽  
Federal Law ◽  
Specialized Courts ◽  
The Law ◽  
Definition Of

Particular attention has been given to the marine environment in the UAE. Hence, the legislator has devoted Part II of the Federal Law No. 24 of 1999 which is concerned with the protection and development of the environment. The Law initially identified the scope and goals of the protection, mainly tackling protecting the nation’s coasts, beaches and ports from the dangers of all forms of pollution. In addition to protecting the marine environment and its natural resources through criminalizing any action harming them. The research aims to identify the role of enforced legal protection of the marine environment in the UAE legislations in terms of application, effectiveness and identifying implementation constraints. In order to achieve this, the research reviews the definition of marine environment pollution, identifies elements of marine environment pollution crime and its sanctions. Finally, the researchers aspire that the UAE legislator would add the crime of trespassing the marine environment to the principle of universality, stipulated by the article 21 of the penal code, and specialized courts and investigative bodies to speed the process of looking into marine environment crimes and apply proper sanctions

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