scholarly journals ASSESSMENT OF THE NEGATIVE IMPACT OF CONSTRUCTION IN URBAN AREAS ON THE LOCAL ENVIRONMENT / STATYBŲ PLĖTROS URBANIZUOTOSE TERITORIJOSE NEIGIAMO POVEIKIO VIETINEI APLINKAI ĮVERTINIMAS

2011 ◽  
Vol 3 (2) ◽  
pp. 39-44
Author(s):  
Olga Regina Šostak

The article discusses densification of fully urbanised territories, which causes deterioration of living conditions for tenants of neighbouring houses (third parties) due to the negative impact of construction on local environment. Specifically, detection of fundamental right violations during territorial planning is in focus, because not only third parties but also future tenants of the house being constructed suffer loss of healthy and harmonious work and recreational environment as a direct result of such violations. A classifier of fundamental right violations during territorial planning was developed for that purpose. The judicial practice was analysed; persons authorised to contest environmental violations under the Law on Administrative Proceedings (hereinafter LAP) and the scope of their authorisation were determined.

2009 ◽  
Vol 13 (4) ◽  
pp. 339-357 ◽  
Author(s):  
Sigitas Mitkus ◽  
Olga Regina Šostak

The article discusses densification of fully urbanised territories, which causes deterioration of living conditions for tenants of neighbouring houses (third parties) due to the negative impact of construction on local environment. Specifically, detection of fundamental right violations during territorial planning is in focus, because not only third parties but also future tenants of the house being constructed suffer loss of healthy and harmonious work and recreational environment as a direct result of such violations. A classifier of fundamental right violations during territorial planning was developed for that purpose. The judicial practice was analysed; persons authorised to contest environmental violations under the Law on Administrative Proceedings and the scope of their authorisation were determined. Santruka Nagrinejama, kaip tankinant urbanizuotu teritoriju užstatyma pabloginamos aplinkiniu namu gyventoju (trečiuju asmenu) gyvenimo salygos del neigiamo statybos poveikio vietinei aplinkai. Ypatingas demesys skiriamas esminiu teisiu pažeidimams nustatyti planuojant teritorijas, nes šie pažeidimai daro tiesiogine itaka sveikos ir harmoningos bei ir poilsio aplinkos praradimui ne tik tretiesiems asmenims, bet ir būsimiems naujai statomo namo gyventojams. Tam tikslui sudarytas esminiu teisiu pažeidimu planuojant teritorijas klasifikatorius. Išnagrineta teismu praktika ir nustatyta, kas ir kokia apimtimi gali užginčyti administraciniu bylu teisenos istatymo nustatyta tvarka pažeidimus aplinkosaugos klausimais. Straipsnyje nagrinejamos trečiuju asmenu teisiu i sveika ir harmoninga gyvenamaja bei darbo aplinka išsaugojimo problemos vykdant statybas urbanizuotose teritorijose. Išnagrineta Lietuvos Respublikos trečiuju asmenu teisiu i sveika ir harmoninga gyvenamaja bei darbo aplinka gynimo teismu praktika, aptartas viešojo ir privataus intereso santykis šioje srityje. Nustatyti pagrindiniai galimi pažeidimai planuojant statybas, sudarytas šiu pažeidimu klasifikatorius.


Author(s):  
Nicolae Sova ◽  
◽  
Irina Moraru ◽  

The company was conceived as an autonomous body, to which the law gives legal personality. The management of the company is carried out by its administrator, in accordance with the legal provisions and the articles of incorporation. In this sense, we emphasize that the administrator is an essential body in the organizational structure of the company, having responsibilities both in the field of internal management, but also in terms of relations with third parties, representing the company. This article is dedicated to to the analysis of the legal nature of the relations between administrators and the company in terms of the normative framework, judicial practice and doctrinal approaches.


Author(s):  
Iryna Dzera

The relevance of the subject matter lies in the fact that inheritance is one of the most common grounds for acquiring property by individuals. Considering the fact that the heirs are often relatives of the testator, to avoid disputes between them, the law should contain an effective mechanism for resolving relations between heirs over the redistribution of inheritance or change of the order of inheritance, and a mechanism to protect the rights and interests of heirs in case of disputes. The purpose of this study is to identify gaps and inconsistencies in civil legislation and case law in the study of the main ways to protect the rights of heirs in hereditary relations, and ways to resolve them. It is noted that in the presence of disputes between the heirs, it is not the protection of property rights that is carried out, because the heirs have not yet acquired the right of ownership, but the protection of the right to inheritance, according to which they will be able to acquire ownership of the inherited property. There is a lack of a particular list of ways to protect the rights of heirs in the legislation of Ukraine, which has a negative impact on judicial practice, as they often use inappropriate methods of protection. The study analyses the case law of hereditary disputes and identifies the main mistakes that courts make in resolving such cases. Particular attention is focused on the study of such methods of protection as the recognition of the certificate of inheritance as invalid, the hereditary recognition of the property that belonged to the deceased, but was not part of the inheritance. The study investigates the moment of ownership of the hereditary property of the heirs and a critical analysis of the provisions of Article 1268 of the Civil Code, which determine the moment from which the inheritance belongs to the heir – namely from the moment of opening the inheritance. There is a conflict between the rules of Article 1268 and Article 3 of the Law of Ukraine "On state registration of real rights to immovable property and their encumbrances" in terms of establishing the moment of ownership of immovable property by inheritance


Author(s):  
А. В. Климова

Постановка задачи. Исследуется влияние мероприятий по градостроительству, планировке населенных мест на экологическое состояние поселений, а также пути улучшения экологии мерами градостроительства. Результаты. Методом экстраполяции исследована динамика сельского и городского населения, осуществлен прогноз на перспективу. Определено гигиеническое значение планировки территории. Рассмотрены истоки возникновения и причины развития наиболее общих экологических проблем урбанизированной территории. Раскрыты такие наиболее актуальные проблемы крупных городов, как несанкционированные свалки, точечная застройка, высокая плотность населения, сокращение площади зеленых насаждений и др.; предложены мероприятия по их решению (снижению негативного влияния) на законодательном и исполнительном уровнях. Выводы. Результаты исследования позволяют сделать вывод о существенном положительном влиянии своевременных градостроительных мер на экологическую ситуацию в городах. Statement of the problem. The problem of identifying the impact of urban planning activities on the environmental status of human settlements and finding ways to improve it by urban development measures is considered. Results. The dynamics of rural and urban populations has been investigated by means of the extrapolation method and the projections have been made. The hygienic requirements to the territorial planning have been determined. Causes and origins of the most common environmental problems of urban areas have been examined. The most urgent problems of cities, such as illegal dumps, infill development, high population density, reduction of urban green spaces, etc. were revealed. The activities for reducing the negative impact were proposed at both the legislative as well as executive levels. Conclusions. The findings of the study suggest that there is a significant positive impact of timely well-grounded urban planning measures on the ecological situation in cities.


2019 ◽  
pp. 85-90
Author(s):  
O.V Skochylias-Pavliv ◽  
N.V. Lesko

The article deals with current issues related to the procedure of consideration and resolution of urgent administrative cases at the appeal of the bodies of revenue and fees. The peculiarities of the specified category of cases which are manifested in the urgency; subject composition; notification of the participants of the case on the date, time and place of the case; filing of the claim; calculation of procedural terms; announcement and service of court decisions; appeal and cassation appeal; the court fee are analyzed. It is noted that the statements of the case are a statement of claim, reaction a statement of claim, a response to a reaction, a protest, a third party’s explanation of the statement claim, or reaction a statement of claim. The form of the appeal of tax authorities to the administrative court is a claim. Obviously, that is why in these categories of cases there are often misunderstandings regarding the payment of court fees as evidenced by a large number of decisions on leaving without motion the claim of bodies of revenue and fees on the ground of failure to submit to the court a document on payment of court fees. Central to the article is the consideration of the issue of understanding of the dispute about law as one of the grounds for refusing to open proceedings at the appeal of the bodies of revenue and fees. The only form of administrative proceedings is the consideration of the case on the statement of claim. As is well known, a lawsuit involves conflict between the parties. The mutual rights and obligations of the parties to prove their claims and objections constitute the substance of the dispute. However, the peculiarities of disputes at the request of the bodies of revenue and fees due to the fact that they don’t have a dispute about the law. It is noted that there is no legal definition of the term «dispute about the law», which significantly complicates the consideration and resolution of this category of cases. The interpretation of this concept exists only in judicial practice, in particular in resolutions of the Supreme Court but they are also contradictory. That’s why we consider it necessary to supplement article 283 Code of Administrative Proceedings of Ukraine a note defining the concept of «dispute about the law», which should be understood as a claim of the taxpayer to the tax authority regardless of the subject of the claim which may be submitted to administrative or judicial procedure. Keywords: a dispute about law, administrative proceedings, administrative case, revenue, and fees, claim.


2015 ◽  
Vol 26 (3-4) ◽  
pp. 116-123
Author(s):  
A. P. Korzh ◽  
T. V. Zahovalko

Recently, the number of published works devoted to the processes of synanthropization of fauna, is growing like an avalanche, which indicates the extreme urgency of this theme. In our view, the process of forming devices to coexist with human and the results of his life reflects the general tandency of the modern nature evolution. Urbanization is characteristic for such a specific group of animals like amphibians, the evidence of which are numerous literature data. Many researchers use this group to assess the bioindicative quality of the environment. For this aim a variety of indicators are used: from the cellular level of life of organization up to the species composition of the group in different territories. At the same time, the interpretation of the results is not always comparable for different areas and often have significantly different interpretations by experts. Urban environment, primarily due to the contamination is extremely aggressive to amphibians. As a consequence, the urban populations of amphibians may be a change in the demographic structure, affecting the reproductive ability of the population, the disappearance of the most sensitive species or individuals, resizing animals, the appearance of abnormalities in the development, etc. At the same time play an important amphibians in the ecosystems of cities, and some species in these conditions even feel relatively comfortable. Therefore, it is interesting to understand the mechanisms of self-sustaining populations of amphibians in urban environments. To assess the impact of natural and anthropogenic factors on the development of amphibian populations were used cognitive modeling using the program Vensim PLE. Cognitive map of the model for urban and suburban habitat conditions were the same. The differences concerned the strength of connections between individual factors (migration, fertility, pollution) and their orientation. In general, factors like pollution, parasites, predators had negative impact on the population, reducing its number. The birth rate, food and migration contributed to raising number of individuals. Some of the factors affected on the strength to of each other as well: the majority of the factors affected the structure of the population, had an influence on the fertility. Thanks to it the model reflects the additive effect of complex of factors on the subsequent status of the population. Proposed and analyzed four scenarios differing strength and duration of exposure. In the first scenario, a one-time contamination occurs and not subsequently repeated. The second and third scenario assumes half board contamination, 1 year (2 scenario) and two years (scenario 3). In the fourth scenario, the pollution affected the population of amphibians constantly. In accordance with the results of simulation, much weaker than the natural populations respond to pollution - have them as an intensive population growth and its disappearance at constant pollution is slow. Changes to other parameters of the model showed that this pollution is the decisive factor -only the constant action leads to a lethal outcome for the populations. All other components of the model have a corrective effect on the population dynamics, without changing its underlying trand. In urban areas due to the heavy impact of pollution maintaining the population is only possible thanks to the migration process – the constant replenishment of diminishing micropopulations of natural reserves. This confirms the assumption that the form of existence metapopulations lake frog in the city. In order to maintain the number of amphibians in urban areas at a high level it is necessary to maintain existing migration routes and the creation of new ones. Insular nature of the placement of suitable habitats in urban areas causes the metapopulation structure of the types of urbanists. Therefore, the process of urbanization is much easier for those species whicht are capable of migration in conditions of city. In the initial stages of settling the city micropopulationis formed by selective mortality of the most susceptible individuals to adverse effects. In future, maintaining the categories of individuals is provided mainly due to migration processes metapopulisation form of the species of existence is supported). It should be noted that the changes in the previous levels are always saved in future. In the case of reorganizations of individuals we of morphology can assume the existence of extremely adverse environmental conditions that threaten the extinction of the micropopulations. 


1992 ◽  
Vol 31 (3) ◽  
pp. 325-328
Author(s):  
Ziaul Haque

Modem economic factors and forces are rapidly transforming the world into a single society and economy in which the migration of people at the national and international levels plays an important role. Pakistan, as a modem nation, has characteristically been deeply influenced by such migrations, both national and international. The first great exodus occurred in 1947 when over eight million Indian Muslims migrated from different parts of India to Pakistan. Thus, from the very beginning mass population movements and migrations have been woven into Pakistan's social fabric through its history, culture and religion. These migrations have greatly influenced the form and substance of the national economy, the contours of the political system, patterns of urbanisation and the physiognomy of the overall culture and history of the country. The recent political divide of Sindh on rural/Sindhi, and urban/non-Sindhi, ethnic and linguistic lines is the direct result of these earlier settlements of these migrants in the urban areas of Sindh.


2019 ◽  
pp. 24-29
Author(s):  
V V. Kafidov ◽  
V. N. Filippov ◽  
I. P. Filippova

The presented study addresses the problems of development of small and medium towns in Russia. Aim. The study aims to examine a town as a socio-economic environment where its residents exist and as the fundamental factor for the development of society.Tasks. The authors identify key problems in the development of small and medium Russian towns, which interferes with the historical appearance and has a negative impact on the living environment.Methods. Problems in the development of small and medium towns in Russia are examined using theoretical methods: systematic approach, statistical analysis, social and philosophical analysis.Results. The study identifies the main negative effects of the existing model of development of small and medium Russian towns, such as destruction of their historical and cultural appearance, distortion of the overall architectural motif, increased load on communications, and congestion of the transport infrastructure.Conclusions. At the current stage, efficient development of small and medium towns in Russia is impossible within the framework of the existing infill development. This chaotic process cannot be stopped without a new conceptual approach and changes in the legislative and normative framework of urban development. The only factor that determines the boundaries of the existing approach to urban development is the lack of physical space for new buildings in urban areas. The authors formulate proposals that would help to solve the problems of development of small and medium towns in Russia. 


Author(s):  
Ly Tayseng

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.


Author(s):  
Masami Okino

This chapter discusses the law on third party beneficiaries in Japan; mostly characterized by adherence to the German model that still bears an imprint on Japanese contract law. Thus, there is neither a doctrine of consideration nor any other justification for a general doctrine of privity, and contracts for the benefit of third parties are generally enforceable as a matter of course. Whether an enforceable right on the part of a third party is created is simply a matter of interpretation of the contract which is always made on a case-by-case analysis but there are a number of typical scenarios where the courts normally find the existence (or non-existence) of a contract for the benefit of a third party. In the recent debate on reform of Japanese contract law, wide-ranging suggestions were made for revision of the provisions on contracts for the benefit of third parties in the Japanese Civil Code. However, it turned out that reform in this area was confined to a very limited codification of established case law.


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