scholarly journals THEORETICAL-LEGAL ANALYSIS OF THE MECHANISM OF NATIONAL LEGAL PROTECTION OF LABOR SAFETY

Social Law ◽  
2019 ◽  
Author(s):  
R. Herneha
Keyword(s):  
Public Relations ◽  
Legal Protection ◽  
Legal Liability ◽  
Legal Regulation ◽  
Labor Protection ◽  
Legal Analysis ◽  
Legal Rules ◽  
Labor Safety ◽  
The Difference ◽  
Legal Security

The article analyzes the specifics and significance of the mechanism of national legal support for labor protection. Its importance is outlined and the role in the legal regulation of labor protection is characterized. On the basis of theoretical analysis, a list of elements of the national mechanism of legal protection of labor protection is derived. The author concludes that the mechanism of legal security depends not only on the state and the law, but also on the behavior of the legal entities themselves. It is this feature that determines the difference between the mechanism of legal regulation and the mechanism of legal support. It is established that the international and national mechanisms of legal protection of labor differ in the level of detail, where the national mechanism of legal security is a coherent and well-established system, which extends its operation to a clearly defined territory and regulates through the use of legal means and methods, the establishment of legal rules and application legal liability for their violation or non-observance, public relations between the subjects of labor protection in order to ensure the employee's rights to life, health I and safe working conditions and regulate the behavior of the employer to provide guarantees of these rights. In addition, there is a distinction between sanction and legal liability, where the first is understood as the means of coercive influence applied in the event of non-compliance or improper performance of an obligation. That is, the sanction is already a consequence of recognizing the need to apply legal liability, so it would be more appropriate to use this particular formulation. At the same time, the author is of the opinion that legal liability cannot be called a mandatory element of legal security, since it occurs only in exceptional moments of violation of rights or non-compliance with prohibitions. The lawfulness of acts of direct realization of rights and obligations, in turn, excludes the possibility of its application.

Legal aspects of the brand protection in Ukraine and world

2020 ◽  
pp. 133-143
Author(s):  
Ivanna Babetska
Keyword(s):  
Public Relations ◽  
Practical Importance ◽  
Legal Protection ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Scientific Article ◽  
Protection Mechanism ◽  
Brand Protection ◽  
Wide Range ◽  
International Regulations

Purpose. The purpose of the scientific article is to establish the ratio of the meanings of the concepts "trademark", "brand" and "well-known" trademark and then to characterize their common and distinctive features. Indicate the gaps in current legislation and the need to refine certain rules in this aspect to determine the aspects of protection and protection of the brand. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, dialectical, logical-semantic, logical-normative, system-structural. Results: in the course of the conducted study, the main and optional components of the brand are determined, which make it possible to determine the features of its legal protection. It has been proved that despite a fairly wide range of domestic and international regulations, there are certain shortcomings of the brand protection mechanism. Originality. The study found that a trademark differs from a brand in that a trademark is a designation that is only the basis of the brand, as for the trademark are not essential such properties of the designation as a certain level of information among consumers and quality as a basis. gaining a reputation; the concept of "brand" is an evaluative, conditional concept, and therefore its consolidation at the regulatory level is impractical. It is sufficient to establish the factors on the basis of which the trademark can be considered "well known". A "well-known" trademark is a designation that is familiar to a wide range of consumers through its use to designate certain goods. Practical importance. The results of the study can be used in law-making activities for the purpose of legal regulation of public relations in the sphere of legal protection of the brand.

Criminal law as a means of protecting human rights and freedoms in the modern world

2021 ◽  
Vol 28 (3) ◽  
pp. 248-256
Author(s):  
Viktoriia V. Haltsova ◽  
Sergiy O. Kharytonov ◽  
Oleksandr M. Khramtsov ◽  
Oleksandr O. Zhytnyi ◽  
Andrii A. Vasyliev
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
Social Relations ◽  
Criminal Law ◽  
Legal Protection ◽  
Legal Regulation ◽  
Modern World ◽  
Legal Provisions ◽  
Protection Of Human Rights ◽  
Legitimate Interests

This paper is a comprehensive study of the problems of criminal law as a remedy for human rights and freedoms in the modern world. The relevance of this subject lies in the systematic violations of constitutional human rights and freedoms and the inaction of the criminal law in such cases. Nowadays, the criminal law as a remedy for human rights and freedoms in national and international law is described by imperfection in its adaptation to rapidly changing social relations, which, accordingly, leads to problems in their legal protection. There are various reasons for this in the legal sphere, such as gaps in the legal provisions, conflicts of legal regulation and inconsistency of the rules of legislation with existing public relations in the state. All of the above determines the relevance of the subject matter of this study. Thus, the purpose of this study was a comprehensive analysis of theoretical and applied issues relating to the remedies for human rights and legitimate interests against socially dangerous encroachments, and the formulation of scientifically sound proposals for improving the current legislation of Ukraine and the practice of its application in this area. Ultimately, this study identified the legal characteristics of human rights and freedoms at both the national and international levels. The remedies for rights were demonstrated through the lens of criminal law. In addition, the study analysed the forms of implementation of international practice in the national legislation of Ukraine as a remedy for human rights and freedoms in the modern world. The significance of the results of this study was expressed in the further research of related subjects concerning this issue, namely the history of the development of EU criminal law standards and the historical establishment of the concept of human and citizen rights and legitimate interests. Furthermore, the materials of this study can be used in the preparation of educational materials, methodological recommendations, as well as training in various fields of legal science. This, in turn, will allow properly using the criminal law protection of human rights and freedoms without violations on the part of criminal justice bodies

scholarly journals ISSUES OF LAW ENFORCEMENT PRACTICE ON THE USE OF SPECIAL EQUIPMENT FOR PHOTO AND VIDEO RECORDING FOR IMPOSING ADMINISTRATIVE LIABILITY FOR TRAFFIC VIOLATION: COMPARATIVE AND LEGAL ANALYSIS OF LEGAL RULES ON ADMINISTRATIVE LIABILITY IN THE RUSSIAN AND FOREIGN LAW

2015 ◽  
Vol 1 (4) ◽  
pp. 0-0
Author(s):  
Наталия Сухарева ◽  
Nataliya Sukharyeva ◽  
Павел Падеров ◽  
Pavel Paderov
Keyword(s):  
Video Recording ◽  
Legal Regulation ◽  
Technical Equipment ◽  
Federal Republic Of Germany ◽  
Legal Analysis ◽  
Automatic Equipment ◽  
Special Equipment ◽  
Legal Rules ◽  
Traffic Violation ◽  
Administrative Proceedings

This article deals with the problem of using special technical equipment for automatic recording of traffic violations. The article draws attention to certain important issues concerning administrative liability of vehicle possessors (owners), when a traffic violation is recorded by special automatic equipment, in particular: special characteristics of a subject of administrative offense, exceptions to the «presumption of innocence» principle; peculiarities of administrative proceedings in such cases. When writing this article the authors used the method of comparative legal analysis. The article contains comparative analysis of administrative legal rules of the Russian Federation, and those of the Federal Republic of Germany and the Republic of Belarus. The main conclusion of the study performed is that lawmakers have not sufficiently examined the issue of imposing administrative liability on vehicle owners for the offenses, recorded by special technical equipment, operating in the automatic mode, which leads to some problematic aspects in legal regulation of relevant administrative relations.

scholarly journals Doctrinal problems in the legal protection of labor safety in Ukraine

Social Law ◽  
2019 ◽  
pp. 30-36
Author(s):  
Roman Cherneha
Keyword(s):  
Legal Protection ◽  
Labor Protection ◽  
Labor Safety

In the article types of doctrinal problems in the field of legal protection of labor protection in Ukraine are analyzed. The list of them, as well as the specifics of the study of gaps and shortcomings in the field of legal protection of labor protection by other scientists have been clarified. The content and significance of each problem are detailed. Suggestions are made to resolve these issues

scholarly journals THE CONCEPT OF THE ADMINISTRATIVE AND LEGAL TRANSFORMATION OF CONSTITUTIONAL ORDER, SECURITY AND RUSSIA'S WELL-BEING PROTECTIVE MANAGEMENT

2017 ◽  
Vol 21 (3) ◽  
pp. 148-154
Author(s):  
E. V. Pozdnyakova
Keyword(s):  
Civil Rights ◽  
Legal Protection ◽  
Well Being ◽  
Functional System ◽  
Legal Regulation ◽  
Integrated System ◽  
System Stability ◽  
Constitutional Order ◽  
Vital Functions ◽  
Legal Security

This article presents the concept of the administrative and legal transformation of constitutional order, security and Russia's well-being protective management. The author reveals the idea of protective management as an integrated system of measures, taken by the Russian Federation legislation, used to ensure the adequate implementation of subjective rights. Special attention is paid to a comparative analysis of such legal concepts as "administrative and legal security" and "administrative and legal protection" of the constitutional order, security and Russia's well-being. Noting the fact that these concepts can be united by common objects, objectives and the administrative-legal protection regime, the author points out that the methods for achieving them are deifferent and they do not coincide at all. Based on the research results, the following objectives of the administrative and legal transformation of protective management are highlighted: the Russian statehood preservation as a single territorial integrity of the state, ensuring the national democratic system stability, preserving civil-society institutions, human and civil rights and freedoms, and especially preventing threats to economic crises. With the help of linguistic analysis, the legal category "administrative and legal support" is revealed. And in this context, it is logical to conclude that the concept of "administrative legal protection" can be viewed from several positions: both as a combination of different means and conditions aimed to carry out certain tasks of vital functions of the functional system and as the process of creating and providing these means and conditions At the same time, it is clarified that the content of administrative and legal protection of the constitutional order, security and Russia's well-being is not limited to legal norms and lawmaking. The author points out that the concept of "administrative legal protection" differs from the term "legal system", and also compares it with the categories "lawmaking", "legal regulation" and "legal means". To sum it up, the author concludes that the administrative and legal transformation of the constitutional system, security and Russia's well-being protective management acts as a set of standards and legal activities of authorized entities.

scholarly journals The Concept and Essence of Administrative and Legal Protection of Tax Relations

2019 ◽  
Vol 74 (3) ◽  
pp. 30-34
Author(s):  
K. S. Rohozinnikova
Keyword(s):  
Public Relations ◽  
Legal Protection ◽  
Public Interests ◽  
Public And Private ◽  
Protection Measures ◽  
The Sustainable Development ◽  
Private Interests ◽  
Essential Components ◽  
Protected Object ◽  
Legal Security

The concept and essence of administrative and legal protection of tax relations have been considered. It has been emphasized that the study of general theoretical ideas about the correlation between the concepts of legal security and legal protection will contribute to solving the tasks of the research. The provisions on the correlation of legal security and legal protection in the whole and as a part have been supported. The author has established peculiarities of administrative and legal protection compared with other types of legal protection of public relations: such activity is carried out by public administration agencies through administrative and legal means, including coercive ones. The essential components of administrative and legal protection, which should form the basis of its definition, include: prevention of negative phenomena; detection of possible violations; overcoming harmful consequences (restoration of violated rights); maintaining stable legal relations; prosecuting persons who encroach on the protected object. The author has emphasized on the peculiarities of the purpose of using the means of administrative and legal protection of tax relations – protection of public interests in the field of taxation, as an organic and balanced combination of public and private interests, the satisfaction of which contributes to the sustainable development of society. It has been found out that the content of administrative protection of a particular object is revealed through its means and measures. The analysis of sectoral studies has allowed to establish the following feature of administrative and legal protection measures: they are carried out by means of service nature, the list of which differs depending on the object of administrative legal protection, control and supervision, as well as by applying measures of administrative coercion. The need for a two-vector consideration of administrative and legal protection means has been emphasized: their impact is directed both on the taxpayer and on the controlling agencies (revenue and fees agencies).

scholarly journals Legal Regulation, Legal Impact, and Legal Support: An Index of Indeterminacy

2020 ◽  
pp. 46-53
Author(s):  
Onishchenko N. M.
Keyword(s):  
Social Relations ◽  
Social Life ◽  
Legal Regulation ◽  
State Regulation ◽  
Psychological State ◽  
Coherent System ◽  
Legal Rules ◽  
Regulatory Processes ◽  
Democratic State ◽  
Legal Security

Introduction. One of the tasks of the general theory of law is the development of a categorical-conceptual apparatus. All the more, so when it comes to mutually consistent and mutually evolving categories. In our case it is “legal regulation”, “legal influence” and “legal support”. It is clear, that these categories are not synonymous, but it is also clear that they are interdependent in the context of the current regulatory processes. The aim of the article. The purpose of the article is to demonstrate the correlation of the categories of “legal regulation”, “legal influence” and “legal support”, to point out their non-identical, but interrelated nature. Results. Modern law in a democratic state is not only directly regulating certain social relations, by fixing in the norms their specific patterns of behavior, rights and obligations of their participants, etc., but also influences their further development, to a certain extent determines the trends of their evolution in the future, thereby ensuring the interests of the subjects of law and the possibility of foreseeing their prospects for their further activity. Legal regulation can be characterized as a special formalized method of state regulation of actions of legal entities in order to direct their behavior in accordance with the interests of citizens, society and the state, it requires a comprehensive study of the relevant constituents in their inseparable interaction, that is, as a coherent system, consisting of certain links that interact and each of them follows from the previous one. Any regulation at the same time is, certainly, a certain influence, but not any influence is a regulation, normalization of social life. Legal influence can be characterized as comprehensive and multifaceted (psychological, state-willed, formal, regulatory, etc.) action of law, and legal regulation is a special action of law, which differs in form and content, which is exercised through the subjective rights and obligations of the subjects of law acting as subjects of specific legal relations. The essence of the category “legal security” must be considered in view of the meaning of the term “security”, the multidimensional meaning of which organically follows from the verb “to provide”, that is, to provide sufficient means for something, to make something real workable, to create the necessary conditions for the implementation of something, to guarantee something. Legal support can be seen as a process that guarantees the effective fulfillment of the objectives of legal regulation; legal support includes not only the relevant legal components, but also specific social factors, circumstances, processes, etc., which mediate the effect of legal rules and constitute a link between law and certain social relations. Conclusions. Legal support includes: 1) legal regulation; 2) legal influence; 3) a set of measures and guarantees that ensure the reality and effectiveness of the implementation of legal rules. Legal support includes a certain set of phenomena accompanying it, which give legal regulation quality of real efficiency, achievement of the last socially useful and significant results. Legal support is impossible without legal regulation and legal influence, which are its original prerequisites or bases. However, legal regulation and legal influence often take place outside the context of legal support (for example, when formally certain relationships are regulated by law, but there is no effectiveness of legal regulation, so the socially beneficial effect to which it was directed is not achieved).

scholarly journals Artificial intelligence: economy, intellectual property, threats

2021 ◽  
pp. 56-74
Author(s):  
Hennadii Androshchuk
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Legal Protection ◽  
World Market ◽  
Legal Regulation ◽  
White Paper ◽  
Theoretical Research ◽  
Digital Information ◽  
Legal Analysis ◽  
Legal Personality

Keywords: artificial intelligence, economic impact, intellectual property, regulation,cybersecurity, risks, threats, national security Artificial intelligence (AI) technologies, the spread of which is based on thewidespread use of digital information and the rapid growth of computing power, areleaving the realm of purely theoretical research and becoming one of the segmentsof the world market that can have truly revolutionary consequences. The paper provideseconomic and legal analysis of the state and trends of AI, identifies its impacton the economy, the importance of the role of intellectual property (IP), assesses therisks, threats and dangers of criminal use of AI, developed mechanisms to counterthem. The development of AI technologies as an integral part of «Industry 4.0» isconsidered, the main provisions of the «White Paper on Artificial Intelligence» ofthe EU are studied.Over the next decade, the EU plans to spend $20 billion a year on AI development.At the same time, the protection of IP rights in the context of AI development and relatedtechnologies has been unconsidered by the Commission, despite the key importanceof these rights. In legal regulation, AI is seen as a new challenge for the economyand the legal system, a new phenomenon that has a multiplier effect, a legal phenomenonin the structure of legal relations, a new object for legal regulation. The introduction of AI in the field of IP creates new legal and economic problems.The creation of AI works is an integral area of activity in the modern digital economy.These circumstances bring to the fore the problem of recognition of authorship in thecreation of AI works, the possibility of authors to dispose of their rights and their useof mechanisms for legal protection of IP. The analysis of the cases considered bycourts connected with a problem of legal personality of AI is carried out, legislative activityon this question is studied. Possibilities and dangers of criminal use of AI areshown. They are ranked in order of their level of danger — depending on the harmthey may cause, the potential benefit or the benefit of crime. Prospects for the developmentof AI in Ukraine are shown, the Concept of development of artificial intelligencein Ukraine is analysed. It is concluded that AI should become one of the key driversof digital transformation and overall growth of Ukraine's economy.

scholarly journals LEGAL RESPONSIBILITY IN THE SYSTEM OF THE MECHANISM OF INFLUENCE ON MIGRATION RELATIONS

2021 ◽  
Vol 6(72) (3) ◽  
pp. 357-365
Author(s):  
K. V. Trifonova
Keyword(s):  
Law Enforcement ◽  
Legal Liability ◽  
Legal Regulation ◽  
Legal Aspects ◽  
State Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Regulation Mechanism ◽  
Legal Analysis ◽  
Definition Of

In the article, from the standpoint of legal science and practice of state regulation of migration relations, the author examines the application of legal liability to violators of the norms of migration legislation. The author conducts a theoretical and legal analysis of the institution of legal responsibility. The definition of legal responsibility as a legal reaction of society and the state to the unlawfulness of actions (inaction) allows us to conclude that the introduction by the state of special legal regulation is a form of disposition of state power. The implementation of legal responsibility in the dynamics of legal regulation is characterized by the intertwining of regulatory, substantive and procedural and legal aspects, which allow ensuring the passage of responsibility through all stages and procedures of legal regulation, which creates an ordering effect. In conclusion, the author points out that legal responsibility, being an element of the legal regulation mechanism, clearly demonstrates its specificity and features, as well as general efficiency in the law enforcement process of imposing punishment.

Digital Rights – New Horizons or a Legal Impasse

2020 ◽  
Vol 2 (1) ◽  
pp. 131-149
Author(s):  
A. A. Аryamov ◽  
◽  
E. O. Rueva ◽  
A. A. Chigak ◽  
◽  
...  
Keyword(s):  
Public Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Building Structures ◽  
Legal Concept ◽  
Digital Rights ◽  
Scientific Analysis ◽  
Investment Law ◽  
Digital Law ◽  
Digital Assets

Introduction. 2019 in the domestic legal space is positioned as a period of global legal reform, as a breakthrough in the regulatory regulation of promising public relations. The instrument of regulation of the functioning of the “digital society” is declared to be the institution of “digital law” introduced into legal circulation (doctrinal, law enforcement...). Is this reform really a legal revolution (as it is presented in scientific periodicals) or a “cosmetic repair” of the building of domestic private law, which is in disrepair? Theoretical Basis. Methods. The study conducted by the authors is based on domestic doctrinal sources that reveal the content and specifics of regulatory regulation of digital assets turnover, as well as on the theoretical developments of foreign lawyers and economists devoted to the nuances of legal regulation of the issue and turnover of cryptocurrency. In this article the authors on the basis of systematic, logical and legal analysis of national normative material, but also on the basis of the comparative study the best foreign experience of legal regulation of the turnover of digital assets reviewed current reform of the national civil and investment law occurring as a result of adoption of Federal law No. 34-FZ of March 18, 2019 and No. 259-FZ of August 2, 2019, which entered into legal turnover of the new concept of “digital law”. First of all, doctrinal sources – the works of foreign lawyers specializing in the study of problems of regulation of cryptocurrency turnover-are subjected to comparative analysis. Results. The scientific analysis Carried out by the authors allowed to reveal serious gaps and conflicts in the Russian law, and also to define perspective directions of development of legal regulation of turnover of digital assets. The reform of the domestic civil and investment law, which consists in the introduction of a new Institute of “digital rights” into legal circulation, has not generally achieved the declared goals and scientific expectations. At its core, the analyzed reform, declared as a breakthrough of domestic jurisprudence, the consolidation of a new type of civil law objects-digital rights, and the construction on their basis of revolutionary principles of investment in the Russian economy, is only a unification of traditional legal material; moreover, the unification is unsuccessful, conflicting with a large volume of regulations both in the field of investment law and in the field of information law. Discussion and Conclusion. This article demonstrates the analysis of the new legal concept of “digital rights” and their turnover in the context of their private legal regulation and public legal protection, determining their place and role in the system of domestic law in General; these issues have not yet been the subject of scientific analysis in domestic jurisprudence. The method of solving the identified problems proposed by the authors-basing the methodology of legal regulation of digital assets turnover on the principle of anonymity of one of the participants of the regulated relationship, by analogy with the electoral law (and refusal of attempts of total control over the specified activities of these subjects), is new for both domestic and foreign jurisprudence. The main attraction for users of information and telecommunication databases, is based on the phenomenon of blockchain (in addition to guarantee absolute consistency of building structures) is the ability to ensure anonymity of certain subjects of these relations; this is an objective reality, the attempt of the legislator to ban or ignore this trend is doomed to ineffectiveness; the state should take these “rules of the game” and build their policies in this segment of public relations with them.

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