scholarly journals ADMINISTRATIVE AND LEGAL REGULATION OF EPIDEMIOLOGICAL WELL-BEING IN UKRAINE

2021 ◽  
Vol 1 (10) ◽  
pp. 93-98
Author(s):  
Ye. Khainatskyi ◽  

The article is focused on studying the epidemiological well-being as an object of administrative and legal regulation; the author has also defined the purpose of the article, which is to solve the following scientific problems: characterizing the concepts of “sanitary well-being” and “epidemiological well-being”; defining the essence of administrative and legal regulation as a separate type of legal regulation; establishing the essence of epidemiological well-being as a specific object of administrative and legal regulation. As a result of revealing the tasks formulated in the article, during which general and special methods of scientific cognition were used, the author has determined features of epidemiological well-being as an object of administrative and legal regulation, the most significant of which is the fact that such an object has its own structure including administrative legal relations that are aimed at creating a safe environment during a pandemic. On the basis of the features of epidemiological well-being, the author has substantiated the expediency of using a dualistic approach on determining its content, we mean broad and narrow content. It has been indicated that taking into account all the constituent elements of the system of epidemiological well-being without any exception, it must be defined in a broad sense. Such administrative and legal regulation includes a set of measures of different nature aimed at localization and prevention of mass spread of infectious diseases caused by natural pathogens. It has been emphasized that we should use a narrow approach under the priority of elements of medical and legal nature in the system of epidemiological well-being in order to its definition and its provision only through measures of a medical nature regulated by the current legislation.

Author(s):  
Mykhailo Kosmii ◽  
Vasyl. Kasiianchuk ◽  
Ruslan Zhyrak ◽  
Ivan Krykhovetskyi

The purpose of this paper is to analyze and research the legal mechanisms which make it possible to improve agroecology through the organization of cultivation of Jerusalem artichoke.Methodology. The methodology includes comprehensive analysis and generalization of available scientific, theoretical, practical and applied material and development of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, historical and legal, logical and normative, systemic and structural, functional, normative and dogmatic, generalization methods. Results. The process of analysis and research highlighted the possibilities of cultivating Jerusalem artichoke for improving agroecology, namely improving the ecological state of the atmosphere air and soil, preparing them for organic farming. The article contains examples of practical application of tubers of Jerusalem artichoke and herbage for the production of therapeutic and prophylactic products, alternative energy and highly efficient building materials. Scientific novelty. The study found that the authors summarized and systematized the levels of legal regulation in the field of using Jerusalem artichoke for improving agroecology, preparing soil for organic farming, in particular: the inter-sectoral level which covers the interaction of agricultural and environmental law in terms of cultivation and use of Jerusalem artichoke; the level of integrated environmental and legal regulation; level of individual resource (floristic) legal regulation; the level of environmental protection (anthropoprotection) legislation.Practical importance. The results of the study can be used in law-making and environmental protection activities related to issues of cultivating and using the Jerusalem artichoke as a means of improving agroecology.


Author(s):  
Валерий Викторович Кубанов

В статье анализируются вопросы правового регулирования и организации мероприятий по обработке специального транспорта, используемого для конвоирования осужденных и лиц, содержащихся под стражей, в целях недопущения распространения заболеваний, вызванных новой коронавирусной инфекцией (COVID-19). Охарактеризована правовая регламентация санитарно-гигиенической и противоэпидемиологической деятельности в условиях учреждений, обеспечивающих изоляцию от общества. Показан комплекс проблем, связанных с обеспечением необходимых санитарно-гигиенических условий при перевозках осужденных и лиц, содержащихся под стражей. Исследован вопрос о критериях отбора дезинфицирующего средства, применяемого для обработки специального транспорта. Сформулированы дополнительные требования, предъявляемые к дезинфицирующим средствам, в современных условиях распространения новой коронавирусной инфекции (COVID-19). Сделан вывод о целесообразности сочетания химических и физических способов проведения дезинфекции. Предложено комбинированное использование химических аэрозольных методов и физических ультрафиолетовых дезинфекционных технологий, реализуемых посредством бактерицидных облучателей-рециркуляторов воздуха, предназначенных для обеззараживания воздуха ультрафиолетовым излучением в различных закрытых пространствах, включая салоны транспортных средств. Затронуты вопросы организации дезинфекционных пунктов в учреждениях уголовно-исполнительной системы Самарской области. The article analyzes the issues of legal regulation and organization of measures for processing special transport used for convicts and persons in custody escorting in order to prevent the spread of diseases caused by a new coronavirus infection (covid-19). The article describes the legal regulation of sanitary-hygienic and antiepidemiological activities in institutions that provide isolation from society. The complex of problems related to ensuring the necessary sanitary and hygienic conditions during transportation of convicts and persons in custody is shown. The question of the selection criteria for the disinfectant used for the treatment of special transport is investigated. Additional requirements for disinfectants are formulated in the current conditions of the spread of a new coronavirus infection (COVID-19). The conclusion is made about the expediency of combining chemical and physical methods of disinfection. The combined use of chemical aerosol methods and physical ultraviolet disinfection technologies implemented by means of bactericidal irradiators-air recirculators designed for disinfection of air with ultraviolet radiation in various enclosed spaces, including vehicle interiors, is proposed The issues of organization of disinfection points in institutions of the penitentiary system of the Samara region were discussed.


Author(s):  
Oleksandr M. Bukhanevych ◽  
Serhii O. Kuznichenko ◽  
Anastasiia M. Mernyk

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


Author(s):  
Ievgenii Shulga ◽  
◽  
Nataliia Shynkaruk ◽  
Nataliia Yashchuk ◽  
◽  
...  

The article examines topical problems of the role of international organizations in the direction of the development of alternative energy and strengthening of energy security in the world. Considerable attention is paid to the importance of the introduction and development of alternative energy in the context of ensuring environmental human rights and economic well-being. Analyzed the main international legal treaties regulating the reduction of greenhouse gas emissions into the atmosphere and the use of alternative renewable energy sources. The main international governmental and non-governmental organizations in the direction of ensuring environmental and energy security have been identified. Attention is drawn to the need to strengthen the role of these organizations by strengthening the functions of supervision and monitoring to increase the possibility of influencing states that do not comply with the provisions of signed and ratified international conventions. It is concluded that it is necessary to adjust the vector of development of instruments for the protection of environmental rights in the direction of its world globalization. The existing global concept for the development of alternative energy sources requires changes. Given that the environmental problem is universal and, although to one degree or another, it still affects every person, regardless of country or nationality, the obligation to protect the environment must be universal, fulfilled and enforced not only by the government bodies of sovereign states, but also international government organizations. It is noted that the programs and recommendations of international organizations are developed directly for individual states, taking into account their geographical and economic location when choosing the types and methods of developing alternative energy.


Author(s):  
Kim A. Kayunze ◽  
Angwara D. Kiwara ◽  
Eligius Lyamuya ◽  
Dominic M. Kambarage ◽  
Jonathan Rushton ◽  
...  

One-health approaches have started being applied to health systems in some countries in controlling infectious diseases in order to reduce the burden of disease in humans, livestock and wild animals collaboratively. However, one wonders whether the problem of lingering and emerging zoonoses is more affected by health policies, low application of one-health approaches, or other factors. As part of efforts to answer this question, the Southern African Centre for Infectious Disease Surveillance (SACIDS) smart partnership of human health, animal health and socio-economic experts published, in April 2011, a conceptual framework to support One Health research for policy on emerging zoonoses. The main objective of this paper was to identify which factors really affect the burden of disease and how the burden could affect socio-economic well-being. Amongst other issues, the review of literature shows that the occurrence of infectious diseases in humans and animals is driven by many factors, the most important ones being the causative agents (viruses, bacteria, parasites, etc.) and the mediator conditions (social, cultural, economic or climatic) which facilitate the infection to occur and hold. Literature also shows that in many countries there is little collaboration between medical and veterinary services despite the shared underlying science and the increasing infectious disease threat. In view of these findings, a research to inform health policy must walk on two legs: a natural sciences leg and a social sciences one.


2017 ◽  
Vol 372 (1725) ◽  
pp. 20160167 ◽  
Author(s):  
Andrew A. Cunningham ◽  
Peter Daszak ◽  
James L. N. Wood

Infectious diseases affect people, domestic animals and wildlife alike, with many pathogens being able to infect multiple species. Fifty years ago, following the wide-scale manufacture and use of antibiotics and vaccines, it seemed that the battle against infections was being won for the human population. Since then, however, and in addition to increasing antimicrobial resistance among bacterial pathogens, there has been an increase in the emergence of, mostly viral, zoonotic diseases from wildlife, sometimes causing fatal outbreaks of epidemic proportions. Concurrently, infectious disease has been identified as an increasing threat to wildlife conservation. A synthesis published in 2000 showed common anthropogenic drivers of disease threats to biodiversity and human health, including encroachment and destruction of wildlife habitat and the human-assisted spread of pathogens. Almost two decades later, the situation has not changed and, despite improved knowledge of the underlying causes, little has been done at the policy level to address these threats. For the sake of public health and wellbeing, human-kind needs to work better to conserve nature and preserve the ecosystem services, including disease regulation, that biodiversity provides while also understanding and mitigating activities which lead to disease emergence. We consider that holistic, One Health approaches to the management and mitigation of the risks of emerging infectious diseases have the greatest chance of success. This article is part of the themed issue ‘One Health for a changing world: zoonoses, ecosystems and human well-being’.


Author(s):  
Ye. Ananieva

Problems of legal regulation of local finances are considered in the works of lawyers, economists, sociologists, public administration specialists, from different positions of their formation, distribution and use in public relations, but in modern conditions of budgetary relations, namely – formation of budgets of united territorial communities, introduction of decentralization in regional governance, administrative reform, orientation of Ukraine to European standards and values of life, the concept of legal regulation of local finances, in particular, budget relations needs to be updated. Scientific publications investigate the problems of defining local finances as a basic basis for local government, which ensures the reproduction of the budget process and the development of regions, their constituent elements and purpose. However, at present the scientific discussion on the legal significance of local finances, their constituent elements, sources of formation and use continues, because in the modern economy a significant part of financial resources is formed and redistributed through budgets, which include budgets of united territorial communities. which, finally, as a legal institution is not defined. The development of local self-government from the standpoint of the government’s proposed decentralization of power provides for the purpose of creating high-quality living conditions for citizens, providing them with the necessary public services, development of material and social base of the region. These tasks are implemented in the presence of appropriate economic development of the territory, its financial support, which depends on the sources of budget and extrabudgetary funds and areas of their use.


2021 ◽  
Vol 11/1 (-) ◽  
pp. 31-36
Author(s):  
Volodymyr TSIUPRYK

Introduction. Nowadays, the issue of determining the legal status of the company's share in the own authorized capital of LLC and TDV has become quite acute, as evidenced by the adoption on July 28, 2021 by the Commercial Court of Cassation in Case № 904/1112/20, in which the Court established a new approach legal nature of such a phenomenon and expressed his own position on the understanding of the legislation concerning the legal status of the share of LLC and TDV in its own authorized capital. Given that a limited liability company is the most popular type of legal entity that is chosen to conduct business in Ukraine, the analysis of this issue is relevant. Some scientific value for the development of the transfer of the participant's share are the works of individual authors devoted to the study of the legal nature of the share in the authorized capital but the problems arising around the legal status of the company. in their own authorized capital in these works were only mentioned along with others, but did not receive a detailed separate study. The purpose of the paper is to analyze the normative regulation of the legal status of the company's share in the own authorized capital of LLCs and ALCs, identification of shortcomings in their legal regulation and implementation, as well as the search for ways to eliminate them. Results. One of the most relevant decisions concerning the subject of this article is the Judgment of the Commercial Court of Cassation in case № 904/1112/20 of July 28, 2021. The court in this case found that the votes attributable to the share belonging to the company itself are not taken into account when determining the results of voting at the general meeting of participants on any issues. However, Ukrainian legislation does not contain any direct norms that would prohibit the exercise of the right to manage a company in relation to itself on the basis of a share in its own authorized capital. That is why the company cannot be a participant in relation to itself, although they seem logical, but do not have sufficient regulatory support, and therefore do not allow to be firmly convinced of their compliance with the law. In view of this, it can be stated that there is a significant gap in the national legislation on this issue, which, in our opinion, the Court failed to “fill” with this decision in the case. Conclusion. In the Ukrainian legislation at the level of the Law of Ukraine “On Limited and Additional Liability Companies” Article 25 defines the possibility for a company to acquire a share in its own authorized capital. However, the regulation of the legal status of such a share cannot be called sufficient, due to which in practice there are certain problems in the implementation of the provisions of the legislation concerning the share of the company in its own authorized capital. The solution of these legal problems is necessary to ensure the highest quality and clarity of the law, as well as to form case law with common approaches to understanding a single rule.


2021 ◽  
Vol 66 ◽  
pp. 96-102
Author(s):  
V.M. Logoida

The article is devoted to the study of the experience of legal regulation of the legal status of cryptocurrencies and transactions with them in Asian countries (except for the People's Republic of China and Asian countries - members of the Commonwealth of Independent States, as the author examined them in separate publications). In the article the author, based on the study of regulations, administrative and judicial practice of all major countries in this part of the world, emphasizes the divergent trends in cryptocurrency transactions regulation in the region, when some countries move from a liberal approach to the use of cryptocurrencies to their total ban and vice versa. It is noted that almost all countries in the region give a legal assessment of the payment function of cryptocurrencies, using regulatory or prohibitive approaches, depending on the chosen policy, which indirectly confirms their understanding of the legal nature of cryptocurrencies primarily as a means of payment. At the same time, these countries not only categorically distinguish cryptocurrencies from fiat money issued by central banks, but also mostly avoid the official definition of cryptocurrency as private (decentralized) cash, preferring to qualify them as an intangible asset, virtual asset, digital asset, financial value and even a good or service, which is currently a kind of compromise between political expediency and economic realities. The author also notes that the Asian region is characterized by very active attempts to resolve the legal status of cryptocurrencies at the legislative level, and not just administrative or judicial response to the actual legal relationship, although the progress of different countries in this matter is different. As a result, the author concludes that in the Asian countries considered in the article, there is no same view on the legal nature of cryptocurrency, its qualification as an object of civil rights, and ways to regulate transactions with it (libertarian approach, positive-cryptocurrency approach but with detailed government regulation and control or a completely restrictive policy in relation to the cryptocurrency market).


2020 ◽  
Vol 11 ◽  
pp. 41-44
Author(s):  
Natalya T. Leonenko ◽  

The article studies the genesis of the deputy’s mandate institution. The relevancy of this subject is determined by the imperfection of the legal regulation of the institution under study; absence of clarity in its implementation; modernization of public law relations. The public government structure and the general democracy system largely depend on which type of mandate will be preferred in the Russian representative system. The purpose of the article is the research of the legal nature of the institution of mandate of a deputy of representative public government authorities and various aspects of this problem using formal legal, historical, comparative legal and logical methods.


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