scholarly journals USE OF THE BMP SYSTEM FOR BLOCKING OF DANGEROUS ENERGIES DURING REALIZATION OF WORKS FROM REPAIR AND MAINTENANCE OF TECHNIQUE

2021 ◽  
Vol 37 (4) ◽  
pp. 19-24
Author(s):  
V. Maistrenko ◽  
N. Volodchenkova ◽  
O. Tokar
Keyword(s):  
Work Practice ◽  
State Level ◽  
Metallurgical Industry ◽  
Legal Framework ◽  
Main Task ◽  
Actual Process ◽  
Danger Zone ◽  
Basic Principles ◽  
Industrial Risks ◽  
Labeling System

Creating healthy and safe working conditions is the main task of the employer when performing high-risk work. Practice shows that the cause of accidents during the repair and maintenance of equipment are uncoordinated and erroneous actions of staff, resulting in incorrect supply of hazardous energy to the installation where people work. In order to prevent injuries at metallurgical enterprises there is a need to revise and modernize the existing approach to control the supply of hazardous energy during repairs, improve the current labeling system of access to repairs of technological equipment based on the experience of advanced world technologies. Audit). The BMP system is used to perform maintenance and repair of equipment, as well as any other cases where personnel need to enter the danger zone, and includes not only the actual process of blocking and marking, but also all other activities: documentation, organization of storage and issuance of BMP devices, training and testing of personnel knowledge According to the analysis, the current tag system at the metallurgical enterprises of Ukraine is inferior in efficiency to the BMP system, which allows you to almost completely eliminate the risks associated with the human factor in the repair and maintenance of equipment. The foreign experience of using hazardous energy blocking and labeling systems and the existing legal framework on this issue in Ukraine are analyzed. According to the results of research, the basic principles of using the BMP system at the enterprises of the metallurgical industry are established. The sequence of BMP procedure implementation is offered. The information on the basis of which the BMP map is formed is considered in detail. An important stage in the formation of this map is the assessment of industrial risks of exposure to hazardous energies in the process of repair and maintenance of equipment. The direction of further research on the implementation of the BMP system and the legalization of the BMP standard at the state level is substantiated.

PROBLEMATICS OF PROTECTING THE NATIONHOOD OF THE RUSSIAN FEDERATION IN THE SCOPE OF ENSURING NATIONAL SECURITY

2021 ◽  
Vol 16 (3) ◽  
pp. 131-153
Author(s):  
D.A. AFINOGENOV ◽  
◽  
S.Y. ALFEROV ◽  
Keyword(s):  
Strategic Planning ◽  
National Security ◽  
Russian Federation ◽  
State Level ◽  
Legal Framework ◽  
Main Task ◽  
The Russian Federation ◽  
External Actors ◽  
Political Economic ◽  
The Military

The purpose of the article is to develop recommendations for countering the destruction of the nationhood of the Russian Federation. The subject of the article is various aspects of countering the technologies of destruction of nationhood, reflected in the strategic planning documents. The results of the accomplished work: based on the analysis of the doctrinal documents of foreign actors and the modern practice of destructive impact on the target countries, the authors identified the most relevant technologies through which the destruction of nationhood occurs: information, political, economic and cyber impact on the population and infrastructure. Currently, the main threats are shifted from the military and economic spheres to the information one. One of the priority tasks of external actors is to influence the population in order to change values and meanings. In connection with the dominance of the power component in the regulatory and legal framework in the field of national security of Russia, the authors propose to make a number of changes to the main documents of strategic planning, strengthening the problems of the humanitarian component, spiritual and moral values, and culture. At the same time, the main task at the state level should be the creation of a holistic, in terms of goal-setting and management, system of counteracting the destruction of statehood.

scholarly journals Bill Content, Legislative Outcomes, and State-Level Resistance to National Policies

2021 ◽  
pp. 1-23
Author(s):  
Timothy Callaghan ◽  
Andrew Karch
Keyword(s):  
Intergovernmental Relations ◽  
State Level ◽  
Legal Framework ◽  
State Legislature ◽  
Specific Domain ◽  
Original Dataset ◽  
Party Control ◽  
Legislative Outcomes ◽  
Contemporary United States ◽  
Level Resistance

Abstract Recently, scholars of the lawmaking process have urged their colleagues to devote more attention to the potential impact of bill content on legislative outcomes. Heeding their call, this paper builds an original dataset of over 5,000 pieces of state-level legislation addressing issues that span the ideological spectrum. It compares proposals that challenge the authority of the national government in a specific domain to proposals that lack federalism-related implications and finds that the former, all else being equal, make less legislative progress toward enactment. In addition, it categorizes the measures that resist national laws based on the specific nature of the challenge they pose. Its analysis finds that measures that are inconsistent with existing national law but work within the law’s legal framework make more legislative progress than measures that seek to nullify the national law or that vow not to cooperate with it. It also confirms that sponsor characteristics such as majority status, the number of cosponsors, institutional rules such as hearing requirements, and state-level factors like party control of the state legislature affect how much progress proposals make toward enactment. Thus, the paper demonstrates the importance of legislative content as an explanatory factor and sheds light on the nature of intergovernmental relations in the contemporary United States.

scholarly journals Markets: State Franchise Laws, Dealer Terminations, and the Auto Crisis

2010 ◽  
Vol 24 (3) ◽  
pp. 233-250 ◽  
Author(s):  
Francine Lafontaine ◽  
Fiona Scott Morton
Keyword(s):  
Market Share ◽  
State Level ◽  
Legal Framework ◽  
The State ◽  
General Motors ◽  
Current Crisis ◽  
State Laws ◽  
Distribution Costs ◽  
Retail Prices ◽  
The Government

In fall 2008, General Motors and Chrysler were both on the brink of bankruptcy, and Ford was not far behind. As the government stepped in and restructuring began, GM and Chrysler announced their plan to terminate about 2,200 dealerships. In this paper, we first provide an overview of franchising in car distribution, how it came about, and the legal framework within which it functions. States earn about 20 percent of all state sales taxes from auto dealers. As a result, new car dealerships, and especially local or state car dealership associations, have been able to exert influence over local legislatures. This has led to a set of state laws that almost guarantee dealership profitability and survival—albeit at the expense of manufacturer profits. Available evidence and theory suggests that as a result of these laws, distribution costs and retail prices are higher than they otherwise would be; and this is particularly true for Detroit's Big Three car manufacturers—which is likely a factor contributing to their losses in market share vis-à-vis other manufacturers. After discussing the evidence on the effects of the car franchise laws on dealer profit and car prices, we turn to the interaction of the franchise laws and manufacturers' response to the auto crisis. Last, we consider what car distribution might be like if there were no constraints on organization. We conclude that although the state-level franchise laws came about for a reason, the current crisis perhaps provides an opportunity to reconsider the kind of regulatory framework that would best serve consumers, rather than carmakers or car dealers.

scholarly journals Law Part of the Framework for Accountability in Policy Interpretation and Practice

2017 ◽  
Vol 5 (1) ◽  
pp. 91
Author(s):  
Vanessa Abbasi ◽  
Karolina Marzieh
Keyword(s):  
Welfare Policy ◽  
Empirical Work ◽  
Work Practice ◽  
Legal Framework ◽  
Social Work Practice ◽  
European Convention ◽  
Ethical Practice ◽  
Academic Environments ◽  
Policy Interpretation ◽  
The Uk

Law can increasingly be seen as part of the framework for accountability in policy interpretation and practice. This is reflected in important judgments in the UK and European context, where courts have been proactive in challenging restrictive interpretations by agencies of their legal duties, or even by parliament in law-making that is incompatible with the European Convention on Human Rights and Fundamental Freedoms. Without attention to the practice environment for legal and ethical practice, the role of law in welfare reform will be compromised, however robust the legal framework. Subsequently, empirical work has explored how social workers learn about the law, in both practice and academic environments, and how they use that learning. This paper considers the complex relationships between law, welfare policy and social work practice, to address the question of what role legal frameworks might play in achieving welfare policy and professional practice goals. These debates illustrate is the essentially contested nature of the relationship between law and practice and the delicate balance between law and ethics within a framework for professional accountability. It is hardly surprising, perhaps, that law is often seen by practitioners as alien and hostile territory.

Modern strategies for learning a foreign language in training future teachers of the updated school

2021 ◽  
Vol 46 (1) ◽  
pp. 121-127
Author(s):  
A. Kabbassova ◽  
◽  
J. Sakenov ◽  
Keyword(s):  
Foreign Language ◽  
Learning Strategies ◽  
Bachelor's Degree ◽  
Professional Competencies ◽  
Main Task ◽  
Language Training ◽  
Future Teachers ◽  
Optimal Learning ◽  
Basic Principles ◽  
Selection Of

The relevance of teaching a foreign language to future teachers in the context of updating school education puts forward requirements for the choice of teaching strategies. The article deals with the meta-subject aspect of foreign language training of future teachers. To form the readiness of future teachers to use the potential of a foreign language, it is important to understand the basic principles of integrating the content of special disciplines and knowledge of a foreign language. The meta-subject potential of a foreign language allows you to create opportunities for the development of general and special professional competencies. The formation of the competencies necessary to work with the updated content of education is the main task of the courses of the component for the choice of the bachelor's degree program at pedagogical university. The selection of optimal learning strategies contributes to the implementation of this task. The author examines the features of the use of modern pedagogical technologies and methods in the training of teachers of a new format.

On some issues of legislation harmonization on legal proceedings and representation: comparative legal characteristics

2021 ◽  
pp. 373-387
Author(s):  
Valentina M. Bolshakova
Keyword(s):  
Social Activity ◽  
Legal Framework ◽  
Judicial System ◽  
Access To Justice ◽  
Legal Doctrine ◽  
Basic Principles ◽  
Legal Proceedings ◽  
Social Trends ◽  
The Subject ◽  
Judicial Protection

The subject of research is the issues of improving the legislation on the judicial system, legal proceedings types, further unification of duties of general jurisdiction courts and analysis of requirements for a procedural representative. The modern legal doctrine contains legislative regulations governing various spheres of social activity. One of these areas is the regula-tion of the structure and regulatory legal framework of the activities of judi-ciary, administering justice and implementing in practice the basic principles of the legal state. Method, research methodology: we illustrate the need to improve the legislation on the judicial system and legal proceedings based on the application of comparative legal and systemic research methods. The novelty of research, main conclusions: we consider social trends leading to judicial changes, we present the corresponding opinions of scientists on this issue. As a result of the conducted scientific research, we establish that some normative legal acts regulating the types of legal proceedings, the duties of general jurisdiction courts, as well as the institution of procedural representation, need to be amended in order to bring them into line with constitutional provisions and establish precise legal and technical formulations. We especially note that this study makes it possible to assess how optimal the judicial and procedural legislation is at present and how effectively it allows for judicial protection of violated or disputed rights and simplifies citizens' access to justice.

scholarly journals La cuestión prejudicial europea ante planteamientos más que dudosos

2017 ◽  
pp. 270
Author(s):  
Luis Jimena Quesada
Keyword(s):  
Due Process ◽  
State Level ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Preliminary Ruling ◽  
Basic Principles ◽  
Starting Point ◽  
Due Process Of Law ◽  
Specific Discipline ◽  
The Eu

El presente artículo toma como punto de partida la importancia de la cuestión prejudicial como instrumento fundamental del actual constitucionalismo europeo multinivel, en la medida en que a través de él cabe dotar de fuerza a los principios esenciales del Estado de Derecho y de la UE como comunidad de Derecho (especialmente seguridad jurídica, responsabilidad, tutela judicial efectiva y optimización de los derechos fundamentales). Con tal premisa, se efectúa un análisis crítico de estrategias más que dudosas (no siempre aparentemente guiadas por buena fe procesal) que, por acción o por omisión, vulneran el artículo 267 TFUE poniendo en entredicho la fluida articulación del sistema jurídico europeo (de las normas de producción nacional y supranacional) y el correcto reparto del poder judicial europeo (entre la Justicia nacional y supranacional) y, con ello, la óptima realización del sistema europeo de derechos fundamentales. Finalmente, el trabajo concluye con unas propuestas que pretenden mejorar el diálogo judicial supranacional a través de un verdadero espíritu de colaboración que tenga el respaldo de una sólida formación de la Judicatura en Derecho europeo, de una voluntad jurisdiccional positiva (inspirada en el principio favor libertatis), de una dinamización de la obligación de formulación la cuestión prejudicial en los casos previstos en el artículo 267 TFUE y de una disciplina precisa de la doble prejudicialidad (ante la Jurisdicción Constitucional nacional y ante el Tribunal de Justicia).This article takes as its starting point the importance of the preliminary ruling as a fundamental instrument of the current multi-level European constitutionalism, since it allows for strengthening the basic principles of the rule of law at both the State level and the EU level (especially legal certainty, responsibility, due process of law and optimization of fundamental rights). With such a premise, a critical analysis of more than dubious strategies (not always apparently guided by good procedural faith) is carried out. Indeed, these strategies, by action or omission, breach Article 267 TFEU by challenging the fluid articulation of the European legal system (of national and supranational provisions) as well as the correct distribution of the European judicial power (between national and supranational courts) and, as a result, the optimal realization of the European system of fundamental rights. Finally, the paper concludes with proposals that seek to improve supranational judicial dialogue through a true spirit of collaboration supported by a solid training of judges in European law, a positive jurisdictional will (inspired by the favor libertatis principle), a re-dimension of the obligation to submit the preliminary ruling in the cases referred to in Article 267 TFEU and a specific discipline of a double preliminary ruling (both before the national Constitutional Court and before the Court of Justice).

Local-level Nudging for Renewables in Slovenia: Organisational Aspects and Legal Limitations

2020 ◽  
Vol 18 (3) ◽  
pp. 523-556
Author(s):  
Luka Martin Tomazic
Keyword(s):  
Renewable Energy ◽  
Local Level ◽  
State Level ◽  
Legal Framework ◽  
Local Energy ◽  
The European Union ◽  
Policy Goals ◽  
National Legal System ◽  
The Republic ◽  
Positive Effect

Proliferation of renewable energy is high on the agenda of the European Union. In it, local government plays an important role. Besides traditional regulatory approaches such as legislation, nudging could have a positive effect on achieving the desired policy goals. This article analyses the legal framework within which the local-level practice of nudging is embedded in the Republic of Slovenia. Since EU-level legislation and ECHR aspects are analysed as well, the application of findings is broader than merely the national legal system. Nudging could be performed either by using the existing infrastructure or through the creation of local energy organisations. Three main groups of legal limitations are identified, namely state-level limitations, GDPR-related concerns and constitutional or human rights considerations. Defaults and individualised informing are emphasized as two of the most promising nudge-types in the field of renewable energy.

China’s Maritime Silk Road Initiative and the Protection of Underwater Cultural Heritage

2017 ◽  
Vol 32 (3) ◽  
pp. 510-543 ◽  
Author(s):  
Ran Guo
Keyword(s):  
South China Sea ◽  
Cultural Heritage ◽  
Legal Framework ◽  
Silk Road ◽  
Underwater Cultural Heritage ◽  
Basic Principles ◽  
International Protection ◽  
Joint Development ◽  
Maritime Silk Road ◽  
International Obligations

Abstract China’s 21st-Century Maritime Silk Road Initiative urges the protection of underwater cultural heritage on the Maritime Silk Road, which demands China’s effort as much as that of international community. The Convention on the Protection of the Underwater Cultural Heritage (unesco Convention) provides an international legal framework for China to protect underwater cultural heritage and facilitate cooperation with other State Parties. China’s concerns over ratifying the unesco Convention mainly relate to its jurisdiction, ownership and international obligations on the issue, which can be solved with the basic principles and a revision of Chinese laws. China’s ratification will ensure the international protection of underwater cultural heritage on the Maritime Silk Road; and more importantly, it will provide an opportunity for the joint development in the South China Sea, thus breaking the bottleneck of the Maritime Silk Road Initiative. Therefore, China should ratify the unesco Convention.

Sign in / Sign up

Export Citation Format

Share Document