Legal regulation of "ecocide" in Russia and foreign countries

2020 ◽  
pp. 69-79
Author(s):  
Boris A. Levitanus ◽  
Sergey V. Strelnikov
Keyword(s):  
Legal Regulation ◽  
Foreign Countries

К ВОПРОСУ ОПРЕДЕЛЕНИЯ ФИНАНСОВО-ПРАВОВОГО РЕГУЛИРОВАНИЯ В СФЕРЕ ОБРАЗОВАНИЯ И НАУКИ В РФ: ПРОБЛЕМНЫЕ АСПЕКТЫ И ПУТИ ИХ РЕШЕНИЯ, СРАВНИТЕЛЬНЫЙ АНАЛИЗ С ЗАРУБЕЖНЫМИ СТРАНАМИ

2018 ◽  
Author(s):  
Михаил Геннадьевич Чепрасов ◽  
Юлия Станиславовна Лисачева ◽  
Евгения Дмитриевна Стрельникова
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Legal Regulation ◽  
Innovation Activity ◽  
Foreign Countries ◽  
The Russian Federation

This article discusses the problematic aspects of the financial and legal regulation of innovation activity in the Russian Federation, as well as ways to solve them. A comparative analysis with foreign countries is presented. В данной статье рассмотрены проблемные аспекты финансово-правового регулирования инновационной деятельности в РФ, а также пути их решения. Представлен сравнительный анализ с зарубежными странами.

Ethical boundaries of the legal regulation of conditions of carrying out genetic screening in prenatal diagnosis in Russia and abroad

2020 ◽  
Author(s):  
M.V. Medvedev , G.N. Suvorov , S.S. Zenin et all
Keyword(s):  
Prenatal Diagnosis ◽  
Great Britain ◽  
Legal System ◽  
Genetic Screening ◽  
Legal Status ◽  
Legal Regulation ◽  
Ethical Problems ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific

Objectives. The purpose of this study is to study the essence of ethical problems that arise in the field of genetic screening for prenatal diagnosis (PND) and determine possible ways to overcome them by legal means, taking into account the existing foreign experience. Materials and methods. Normative legal acts and doctrinal sources of Great Britain, Germany, Ireland, France and Switzerland are studied. Methods used: General philosophical, General scientific, private scientific, special (structural-legal, comparative-legal, formal-legal). Results. Ways to resolve ethical problems that arise or may arise in the future as a result of genetic screening for PND, which can be applied within the Russian legal system, are proposed. Conclusions. It is stated that most of the identified ethical problems are related to the lack of normative consolidation of the legal status of the fetus. It is presumed that the beginning of ethics should serve as the guide for legislation in this area. At the same time, it is emphasized that the legal regulation of genetic screening in PND should be flexible enough to optimally ensure the interests of all participants in these relationships. In addition, in this direction, it seems appropriate to refer to the experience of a number of foreign countries, whose legislation provides for fairly strict requirements in the field of PND.

Foreign experience in constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law

2021 ◽  
Vol 28 (2) ◽  
pp. 55-65
Author(s):  
Oleksandr M. Bukhanevych ◽  
Serhii O. Kuznichenko ◽  
Anastasiia M. Mernyk
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Well Being ◽  
Legal Regulation ◽  
Martial Law ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific ◽  
The Individual ◽  
Exhaustive List

The study investigates the foreign experience of constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law in Macedonia, Armenia, Belarus, Moldova, Georgia, Latvia, Lithuania, Albania, Azerbaijan, which is relevantin modern conditions, based on the presence of local military conflicts, emergencies, or the possibility of their existence in many countries of the world. The purpose of this study was to analyse the text and content of the constitutions of foreign countries to clarify and explain the groundsfor restricting human and civil rights and freedoms in conditions of emergency and martial law. To achieve this purpose, the study employed a system of methods of scientific cognition, namely general scientific (analysis, synthesis), particular (comparative, quantitative and qualitative analysis, approximation), as well as special legal (formal legal, comparative legal) methods. The practical value of the study lies in the identification of four prevailing trends in the constitutions of foreign states to the procedure for determining the scope of restrictions on human rights under special regimes: 1) consolidation of an exhaustive list of rights and freedoms in the constitutions, which cannot be restricted during the period of emergency and martial law; 2) consolidation of an exhaustive list of rights and freedoms in the constitution, which can be restricted to protect human rights, the democratic structure of the state, public safety, the well-being of the population and morals; 3) combining the first two options for consolidating restrictions in the text of the constitutions; 4) consolidation of the possibility of limiting the rights and freedoms of the individual in the texts of constitutions by state authorities under special legal regimes in the interests of national security without specifying partiular rights and freedoms that may (or may not) be restricted

DEVELOPMENT OF INNOVATIVE FORMS OF FINANCING IN THE DIGITAL ECONOMY

2021 ◽  
Vol 1 (5) ◽  
pp. 83-92
Author(s):  
O. A. DUBROVSKAYA ◽  
◽  
M. V. MEL’NIK ◽  
Keyword(s):  
Swot Analysis ◽  
Legal Regulation ◽  
Digital Economy ◽  
Main Method ◽  
Foreign Countries ◽  
Business Financing ◽  
Theoretical Foundations

The study presents the theoretical foundations of crowdfunding, describes its models and classifications. SWOT analysis is used as the main method. Weaknesses and strengths, opportunities and threats of alternative financing are considered. The correspondence of different models of crowdfunding to the peculiarities of the activities of enterprises is shown. Of particular interest is the organization of crowdfunding in foreign countries, where this phenomenon is not considered new and is a healthy competitor to traditional sources of business financing. The advantage of the legal regulation of crowdfunding is considering the peculiarities of many its varieties and models.

scholarly journals SPECIFIC ASPECTS OF NORMATIVE LEGAL REGULATION OF ANATOMICAL MATERIALS’ TRANSPLANTATION IN UKRAINE AND FOREIGN COUNTRIES

2019 ◽  
Vol 72 (7) ◽  
pp. 1331-1336
Author(s):  
Marina М. Novytska
Keyword(s):  
Integrated Approach ◽  
Legal Regulation ◽  
Tissue Transplantation ◽  
Research Review ◽  
Technical Equipment ◽  
Military Operations ◽  
Potential Donor ◽  
Foreign Countries ◽  
Coordination System ◽  
Historical Comparative

Introduction: The article is devoted to the research of normative regulation of human organs and tissue transplantation in Ukraine and some foreign countries. A considerable part of problem aspects of transplantology in Ukraine is hidden due to the normative and legal base shortcomings, therefore there is a necessity of considering and borrowing foreign experience of legal regulation of this process, a legal regulation of the bases and conditions of providing consent to the removal of organs or refusal of the potential donor and legal consequences of it. The question as for the possibility of consolidating the “consent presumption” on the removal of organs and tissues at the legislative level remains current, but many experts express the idea of inadmissibility of such legislative actions because of the military operations on the territory of Ukraine and the imperfection of state control for the activities of institutions performing transplantation. At the same time, it is obvious that now the legislative regulation of the sphere of transplantology does not meet modern requirements, and creates certain gaps in the Ukrainian legislation. The aim is to determine and concretize problematic issues of legal regulation of the transplantation sphere in Ukraine, to analyze the experience of the successful countries in this direction and to develop an integrated approach to the solution of certain problems. Materials and methods: During the research, international normative acts, national legislation acts and scientific works of scholars were used. The article is based on the dialectical, legal, historical, comparative, systematic methods of research. Review: The analysis of the current situation of legal regulation of the sphere of transplantology in Ukraine has been carried out, the main problems and gaps, which must be eliminated as soon as possible for the real possibility of organ and tissue transplantation operations, are identified. The experience of the most progressive countries that are leaders in the number of transplantation operations is analyzed and their experience has been taken. Conclusions: The solution of this problem is possible only after the transformation of the transplant coordination system, the introduction of the Unified State Information System for transplantation, the training of specialized personnel, the improvement of the technical equipment of medical institutions, and the creation of an effective mechanism for regulating of the human anatomical materials’ transplantation.

scholarly journals FRANCHISING AGREEMENT UNDER THE LEGISLATION OF FOREIGN COUNTRIES

2020 ◽  
Vol 1 (9) ◽  
pp. 33-37
Author(s):  
Oleksii Kucherenko ◽  
Keyword(s):  
Government Regulation ◽  
Self Regulation ◽  
Legal Regulation ◽  
Relevant Market ◽  
Eu Member States ◽  
Doing Business ◽  
Foreign Countries ◽  
The Usa ◽  
Key Terms ◽  
Local Levels

The article is devoted to the topical issue of studying the foreign experience of legal regulation of the franchise agreement. The author emphasizes that there is no comprehensive full-fledged regulation of the franchise agreement either in the national legislation of individual EU member states or at the international level. The article focuses on the franchisor's obligation to enter into an agreement to provide future franchisees with information about doing business under the franchise system, including the basic conditions of the franchise, data on the number of franchisees in the network, its growth, financial performance, etc. The experience of legal regulation of a franchise agreement in such foreign countries as the USA, Great Britain, Italy, Germany, Spain, Estonia, Lithuania, Australia, etc. is considered. The duality of the legal regulation of franchising at the federal and local levels, as well as the prevalence of the most favorable rules for franchisors (USA) is demonstrated. The author focuses on the experience of the institute of self-regulation of franchising and the establishment of appropriate criteria for franchise companies in the absence of government regulation (Britain). The need to adopt a single institutional law in the field of franchising and to enshrine in it all the key terms used in franchising: the actual franchise agreement, know-how, entrance fee, royalties (periodic payments for the use of intellectual property), the franchisor's goods (Italy). It is expedient to establish a provision on mandatory pre-contractual disclosure of information, according to which the counterparty is provided with information on experience, company experience, prospects for the development of the relevant market, duration of the agreement, terms of renewal or termination of contractual relations (France).

scholarly journals On the Form of Organizing the Institution of Condominium Ownership in Russia

Legal Concept ◽  
2019 ◽  
pp. 107-115
Author(s):  
Maxim Permyakov
Keyword(s):  
Legal Regulation ◽  
Law And Order ◽  
Real Form ◽  
Progressive Development ◽  
Root Cause ◽  
Foreign Countries ◽  
Domestic Legislation ◽  
Analysis And Synthesis ◽  
Long Time ◽  
Domestic Institution

Introduction: despite the fact that Russia is a country in which the majority of the population lives in apartment buildings, the institution of condominium ownership is one of the least developed, both in doctrinal and practical terms, in connection with which the theoretical and practical difficulties arise in the domestic legal order. The solution of such problems is impossible without the search for the root cause, which is the lack of choice of the form of organization of the legal institution, so that the legal regulation cannot be harmonious. Purpose: based on the study of the formation, evolution and unification of the institution of law in foreign countries, to address the problems of the domestic institution of condominium ownership. Methods: the methodological framework for this study is a set of methods of scientific knowledge, among which the main ones are the methods of specific historical, historical and comparative, social and legal, as well as the methods of analysis and synthesis. Results: the prerequisites for the emergence of condominium ownership in classical civil law were: the limitation of land as a natural resource, as well as capital for individual construction. The institution of condominium ownership is approved in the countries of continental law in two forms: “real” and “unreal”. In Russia, due to the lack of a long time of progressive development of property law, this institution was formed without taking into account its classical prerequisites, within the framework of privatization processes, which led to the emergence of the problems which are atypical for the European law and order. Conclusions: the domestic legislation tends to the organization of the institution of condominium ownership in the “real” form; however, the modern interpretation of this form entails many legal problems, which clearly indicates the need for its reform.

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