scholarly journals Problems of administrative and legal regulation of pets keeping

Author(s):  
Nikolay Kulakov

The legal status of pets, as the object of legal relations between people, traditionally raises many debating questions. On the one hand, pets are objects of real law, on the other – they are animated creatures that can experience emotions and communicate with humans. Moreover, pets in case of their housing rules violations, often become a threat for the surrounding people’s safety. That is why the search for ways to modernize administrative and legal regulations in this area of public relations does not lose its relevance. The purpose of this article is to study the problems of administrative and legal regulation of pets’ keeping. Methodology: common methods of cognition were used - comparison, analysis, synthesis, abstraction, systemic, structural and functional approaches, etc. The results of the study made it possible for the author to formulate a number of proposals to improve the existing legislation on the pet housing regulation. The author argues the relevance of the pet registration introduction. In addition, the arguments are given for the necessity to establish at the level of federal legislation an administrative responsibility for assumption allowing a pet to attack a person.

2016 ◽  
Vol 4 (10) ◽  
pp. 0-0
Author(s):  
Михаил Осипов ◽  
Mikhail Osipov

The problem of improvement of the Russian legal education is one of the topical issues facing the Russian legal science. One of the most important directions of the improvement of the Russian legal education is the development of a network of legal clinics under higher educational institutions of legal profile. The present article contains the analysis of the legal regulation peculiarities of the public relations in the field of establishing and activities of legal clinics. Gaps and lacks of legal regulation of work of legal clinics were identified, in particular statutory conflict which on the one hand aimed at the development of legal skills of students, as well as counselling skills, on the other hand — the voluntary participation of the students in the work of the clinic. The author shows the ways to resolve this conflict, including arranging of the students’ practice at the legal clinic, shows the possibility and the need to strengthen the scientific component of legal clinics work, including establishment of so-called scientific legal clinics which will provide legal assistance not only to the general public but also to the legislative, executive and judicial authorities in the sphere of improvement of legislation and practice of its implementation.


2017 ◽  
Vol 14 (1) ◽  
pp. 95
Author(s):  
Mohammed I. M. Hamdan ◽  
Mohamed Shawky Abd El-Aal ◽  
Abidin Abdul Hamid Kandil

The current study attempts to highlight the stages of Palestine’s joining the World Trade Organization (WTO) and steps that should be followed by Palestine to join the World Trade Organization from the observer to the member. It also clarifies how Palestine joins the World Trade Organization as a state and then as a customs territory. The problem of this study lies in determining the legal effects of Palestine's joining the World Trade Organization as a state on the one hand and as a customs territory on the other. The study aims at clarifying the stages that Palestine will go through in case of joining the World Trade Organization, the steps that Palestine should take to join the World Trade Organization, and the mechanism that should be followed when Palestine joins the World Trade Organization as a state, and then as a customs territory. The study concluded that Palestine must join the World Trade Organization as a customs territory as soon as possible in order to avoid any discussion about the final legal status of its territories according to the Oslo Accords. 


Author(s):  
Brian E Cox

This article follows an earlier assessment of Bentham’s views on guardianship 1 that touched on but did not explore connections or departures between guardian-ward and parent-offspring relations, about which Bentham was not as precise as he might have been. Further, he added complexity to the issue by describing parents as occupying dual roles: guardians and ‘masters’ (employers) of their own offspring. These relations are now considered, on the one hand, in the wider context of ‘special relations’ and ‘duties’ and, on the other hand, alongside some appreciation of Bentham’s personal perspectives. However, the main object of the present article is to assess similarities and differences between parents and guardians in legal, status and functional terms. It uses the profile of guardian-ward relations provided by the previous article 2 as a benchmark. The article concludes by affirming that ‘being a parent’ and ‘being a guardian’ have quite different meanings.


2020 ◽  
pp. 258-264
Author(s):  
А. О. Полянський

The relevance of the article is that the effectiveness and efficiency of interaction between forensic agencies and law enforcement agencies depends on many factors, one of which is a properly "constructed" system of legal acts. At the same time, the special nature of the interaction of these entities, the attraction of its content to the administrative and legal sphere, as well as the specifics of forensic institutions and law enforcement agencies in general necessitates a detailed review of legal principles in this area and determining the place of administrative and legal regulation. The purpose of the article is to establish a system of legal bases for the interaction of forensic institutions with law enforcement agencies, as well as to determine the place of administrative and legal regulation among them. It is established that the legal basis of interaction of forensic institutions with law enforcement agencies is a system of regulations and their provisions governing the legal status of forensic institutions and law enforcement agencies, as well as the content and procedure of interaction of these entities. It is proved that administrative-legal regulation is a type of branch of the general-legal category of legal regulation, which occurs with the help of administrative law and determines the impact of law on public relations of a special nature arising from the activities of public administration. That is, we are talking about the relationship of power and management influence that prevails in the work of public authorities, local governments and so on. This is a purposeful, comprehensive, streamlining impact of law on public relations in the sphere of government, which occurs through the rules of administrative law, which are part of the system of legal principles outlined above. It is emphasized that the legal basis for the interaction of forensic institutions and law enforcement agencies have an administrative and legal basis, which is expressed in a large number of rules of administrative law, enshrined in regulations of various legal force. This situation is due to the fact that the norms of this branch of law determine: the administrative and legal status of forensic institutions and law enforcement agencies; functions, powers and tasks assigned to law enforcement agencies and forensic institutions; mechanisms of interaction of forensic institutions and law enforcement agencies in performing their functions defined by law; organizational and practical goals of this interaction; etc.


Author(s):  
Boris Krivokapić

The paper deals with international legal status of multinational (transnational) companies. The first part gives an overview of this entities and the specifics of their role in the modern world.In the second part, the author deals with the elements of international legal personality of multinational (transnational) companies. Such as international legal regulation of the position of these entities, their specific rights and obligations under international law, international responsibility, process subjectivity before certain international judicial bodies and the special relationship (partnership) with international organizations. It should be added that not only that international law acknowledges their existence, but also multinational companies themselves at least in part influence the development of that law.In the concluding remarks the author notes that multinational (transnational) companies do not have all the elements of a full international personality, the one that is inherent to states. However, even if not complete their personality is beyond doubt. Although between them, depending on the case, there are major differences, there is no dispute that, from the perspective of international law, at least some multinational companies have the legal capacity (the ability to be the holder of a larger or smaller circle of rights and obligations established by international law), legal capacity (the ability to conclude international agreements, create international custom, etc.), tort capacity (the ability to provide for the legal bears responsibility for violating the norms of international law), process capability (active and passive legitimacy before some international courts), etc. In all likelihood, along with the expected further strengthening of the economic, but also political and every other power and role of the companies themselves, their international personality will also become more and more developed, At one point this will require global (universal) agreement which would precisely define rights, but, in particular, the duties and responsibilities of these entities.


2020 ◽  
Vol 13 (2) ◽  
pp. 51-57
Author(s):  
V.N. Glaz ◽  
◽  
V.I. Berezhnoy ◽  
T.G. Martseva ◽  
E.V. Berezhnaya ◽  
...  

The mechanism of public policy in the regulation of public relations is built on the skillful combination of prohibitions of restrictions on the one hand, and laxity and opportunities on the other. But weakening state control may increase the level of risk to relationships. This is most clearly evident in international economic relations, where not only individual States that assume responsibility by becoming parties to conventions, agreements and treaties, but also individuals and entities that do not always support the policy of the State in the practice of implementing signed contracts, are parties. Russia pays special attention to a reasonable combination of the country’s economic interests and common interests within the framework of integration associations. The Russian customs authorities, represented by the Federal Customs Service, are one of the agents of state policy in this regard. The purpose of the activity is not only to administer the revenues from foreign economic activity to the budget, but also to protect the economic interests of the state, the participants of the foreign economic activity, professional intermediaries and individual consumers. Therefore, the development of a comprehensive policy of monitoring and assessment of customs risks will reduce the efforts of customs authorities to prevent possible offenses, and thus protect the interests of participants in foreign trade at any level.


Author(s):  
Dmitriy I. Frolov

The purpose of this work is to give a brief analysis of the legal status of spiritual Christians Molokans in the Russian Empire, following the dynamics of state legal regulation. The problem of the individual sectarian groups status remains little studied in both domestic and foreign literature, which determines its relevance. We use the following research methods: chronological, problem and analytical. We analyze the norms of administrative and criminal law in force in the 19th - early 20th centuries in the Russian Empire, which regulate the rights and obligations of subjects assigned to the Molokan sect. The analysis showed that the legal impact of the state on the Molokans was repressive and causal throughout most of the studied period. Only the reign of Alexander I was marked by a loyal attitude towards sectarians. After the revolutionary events of 1905, a number of civil and religious freedoms were granted to the Molokans, however, one cannot speak of the religious equality of all subjects during this period. After 1905, specialized acts were passed regulating the procedure for registering communities, holding conventions, organizing religious education, and other areas of public relations.


This article discusses the features of legal support for the functioning of the digital economy. Some reasons for the need for modernization of legislation in the context of the development of the digital economy are highlighted. Based on international experience, approaches to legal regulation in the field of the digital economy are proposed, by ensuring such a legal regime in which innovations, on the one hand, will develop freely, and, on the other hand, will be protected from possible risks.


Author(s):  
Vladyslav Zalievskyi

The author’s approach to defining the range of land-related and ground-related phenomena based on administrative law is proposed in the article. The availability of subject authority power relations in the structure and the fulfillment of relevant functions is the main criterion for the separation of such relations. The expediency of using the term “sphere of land relations” as those arising in connection with the exercise of power by the executive authorities and bodies of local self-government is validated and the subject of the relations is land, ground area, rights to them, as well as objects and subjects derived from them. Land relations are one of the largest in volume masses regulated by the norms of public relations law where an absolute majority of both private and public entities are involved. However, due to the diversity of such entities and differences in their legal status, the legal regulation of land relations uses the methods inherent in both civil and administrative law. In addition, in terms of the land law the existence of its own legal regulation method is emphasized. A great deal of research has been devoted to the issues of administrative and legal regulation of land relations, in particular by such scientists as E. Gladkova, M. Kovalsky, V. Pakhomov, M. Shulga, O. Nevmerzhitsky, D. Busuyok and others. Relevant papers from the administrative law point of view emphasize that a great part of the relations which have the subject of land and the phenomena connected with the ground are covered by the subject of administrative law. The aim of this article is to determine the range boundaries of land-related and ground-related phenomena that are regulated by administrative law. Taking into account the normative definition peculiarities of the “land relations” concept content in order to make scientific research, it is more correct to use the term “administrative and legal regulation in the field of land relations” in comparison with the term “administrative and legal regulation of land relations”. The term “sphere of land relations”, in our opinion, should be understood as a set of relations, which in addition to land includes relations arising in connection with the exercise of power by executive authorities and local governments and the subject of these relations is land, ground area, rights to them, and subjects and objects derived from them.


2021 ◽  
Vol 29 (1) ◽  
pp. 132-148
Author(s):  
I.I. Znamenskaya ◽  
M.R. Travkova ◽  
K.R. Arutyunova

The paper is focused on ethical issues of making decisions about cryopreserved embryos in the context of relationship break-up in the framework of the embryo’s legal status and the church’s stand on the matter. All these issues can be viewed as part of a broader problem of intuitive and rational foundations for decision-making when facing difficult situations in life. On the one hand, the stressful context of the situation implies intuitive-driven decision-making; on the other hand, assisted reproductive technologies are largely counter-intuitive. We describe the peculiarities of family psychotherapy with mixed-agenda couples going through a divorce who have joint cryopreserved embryos but disagree on what to do with them. We introduce a protocol for psychotherapeutic work in the situation when one partner wishes to continue with the fertility treatment and have a child while the other partner is determined to utilize joint embryos as unwanted biological material. In addition, we discuss emotional and social complications that may arise (guilt, unfaithfulness of one of the partners, other losses, and grieving).


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