scholarly journals Local rule-making as an element of local legal order

2021 ◽  
Vol 4 (14) ◽  
pp. 23-28
Author(s):  
V. Ye. LAPSHIN ◽  
◽  
V. V. SHAKHANOV ◽  
◽  
◽  
...  
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Legal Order ◽  
Local Rule ◽  
The Subject ◽  
Rule Making ◽  
Limited Scope

The article analyzes the problematic issues of the content of local rule-making activity, which is considered as an element of the local legal order. It is noted that local rule-making should be necessary, not accidental. Local regulations acts are correlated with corporate acts. It is proposed to consider them as independent but partially overlapping phenomena. The segment of their intersection depends on the direction of legal regulation, methods of objectification outside and the type of the subject that generates them. The tendency of decentralization of legal regulation and its influence on the local legal order is noted. Local legal regulation has a limited scope of regulation (within a collective formation), is subordinate in nature, implements a generally permissible approach in a strictly defined legal framework and forms a local legal order

scholarly journals Funkcje mediacyjne realizowane przez mediatora w trakcie mediacji. Wybrane zagadnienia

2018 ◽  
Vol 27 (3) ◽  
pp. 73
Author(s):  
Marzena Myślińska
Keyword(s):  
Legal Regulation ◽  
Professional Role ◽  
Legal Order ◽  
Mediation Process ◽  
Legal Relationship ◽  
The Social ◽  
Key Issues ◽  
The Subject ◽  
The Impact

<p>The subject of this article is the analysis of the activity undertaken during mediation in the context of the characteristics of the mediation process and the normative conditions of the legal relationship and disputes resolved through this form of ADR. In order to implement the project, the content of the work will contain a list of functions performed by the mediator during mediation as ‘the environment for performing the role’ (which is not closed due to the dynamics of interaction in the negotiations). Their character and content determine the nature of the social and professional role of mediators in the Polish legal order, it also allows us to illustrate in detail the key issues for reflection on the professional role, including, for example, legal liability and conflict of roles. Mediation functions are diversified in terms of the frequency of their implementation depending, among other things, on the strategy of conducting mediation, the specificity of the dispute and the legal regulation of mediation. The discussion of the last of the indicated differentiating factors (i.e. the impact of universally binding law) will be reflected in the content of the paper.</p>

scholarly journals MEDICAL AND PROCEDURAL-LEGAL ASPECTS OF INPATIENT AND OUTPATIENT FORENSIC PSYCHIATRIC EXAMINATION

2020 ◽  
Vol 73 (7) ◽  
pp. 1533-1538
Author(s):  
Sandra Kaija ◽  
Inga Kudeikina ◽  
Nataliya Gutorova
Keyword(s):  
Medical Practitioner ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Civil Procedure ◽  
Legal Doctrine ◽  
Psychiatric Examination ◽  
Legal Norms ◽  
The Subject ◽  
Forensic Psychiatric

The aim: The aim of the study is to define the legal framework of forensic psychiatric examination commissioned by the court in relation to the competence of medical practitioners and the position of the subject as a patient in the process of forensic psychiatric examination in order to determine the correlation of special legal regulation with criminal and civil procedure regulation and to make proposals for the enhancement of the legal regulation. Materials and methods: This study is based on the analysis of international law, medical civil procedure and criminal procedure legislation, juridical practice, medical law legal doctrine. The following methods were used in this research: the method of interpretation of legal norms, analysis of legal acts, and the induction-deduction method, upon which the conclusions were drawn and recommendations were provided. Conclusion: The current regulatory framework does not provide for the procedure by which the subject’s medical treatment is conducted during forensic psychiatric examination, nor does it determine the criteria for the admissibility of treatment of the persons concerned and the extent of treatment. During the examination, the medical practitioner who is in the expert’s procedural position in relation to the subject under examination in the particular examination should not carry out the treatment of the subject.

Problems of Debt Collection Legal Regulation

2016 ◽  
Vol 4 (11) ◽  
pp. 0-0
Author(s):  
Марина Белобабченко ◽  
Marina Belobabchenko
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Regulatory Framework ◽  
Federal Law ◽  
Consumer Loans ◽  
Primary Activity ◽  
Legitimate Interests ◽  
The Subject ◽  
Debt Collection ◽  
State Registration

The subject of this article is the regulations adopted on 21 June 2016 State Duma of the Russian Federation and entered into force on 3 July 2016 the Federal law No. 230-FZ “On Protection of Rights and Legitimate Interests of Individuals with the Implementation of Overdue Debts and on Amendments to the Federal Law “On Microfinance Performance and Microfinance Organizations”. The author analyzes the effectiveness of the existing regulatory framework governing the activities of organizations to collect overdue debts of individuals. It should be stated that the existing rules do not ensure protection of the rights and interests of individuals in arrears on consumer loans from illegal actions of collectors and at the same time do not regulate the legal framework within which collectors must perform. The current regulatory framework does not provide the balance of the interests of debtors and collection agencies. All these led to the need for a special law to regulate the activities of collection agencies. The adopted Law sets the mandatory state registration of organizations whose primary activity is the collection of debts. It defines the requirements both to the organization (in terms of charter capital and the order of formation) and to its employees when they undertake activities on debt collection. The law has a number of controversial provisions, which are considered by the author of the article; however, in whole a positive evaluation is given.

scholarly journals PROCESSAL ASPECTS OF LOCAL REGISTRATION AS AN ELEMENT OF THE LABOR REGULATION SYSTEM

2020 ◽  
Vol 1 (37) ◽  
pp. 85
Author(s):  
D. Sirokha
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Regulation System ◽  
Labor Regulation ◽  
Local Rule ◽  
Legislative Initiative ◽  
Two Stages ◽  
Rule Making

The purpose of the article is to determine the essence of the procedural aspects of local rule-making. This goal determined the research objectives, which are: the determination of the signs of the local rule-making process, the identification of the stages of the local rule-making process and the stages that make it up. the practice of norm-setting of subjects of labor law is manifested in the relevant procedural legal relations for the implementation of activities for the preparation of drafts of local regulatory acts, their consideration, discussion, adoption and enforcement. The author concluded that the rulemaking process covers two stages: preparation of a normative act and its adoption, including 6 stages: 1) a legislative initiative; 2) development; 3) discussion; 4) approval; 5) adoption and 6) the entry into force of the norative act.Key words: legal regulation, labor relations, local legal acts, stages of rule-making, stages of rule-making.

scholarly journals LAW AS A VALUE, VALUES IN LAW (PART TWO)

2021 ◽  
Vol 1 (91) ◽  
pp. 69-79
Author(s):  
Aleksandrs Baikovs
Keyword(s):  
Legal Culture ◽  
Legal Regulation ◽  
Legal Order ◽  
Legal Consciousness ◽  
Apparent Lack ◽  
A Value ◽  
The Subject ◽  
The Law ◽  
The One ◽  
Fundamental Values

The paper deals with the category of "values", the Rights as a value, and fundamental values of law; including freedom, justice, and equality have been analyzed.The relevance of the research is determined not only by the apparent lack of exploration of the problem but also by the fact that the value of rights and legal values determine direction and meaning, as well as the content of the rules of law, which is their normative expression, and, ultimately, appearing as a kind of basis for the legal culture, the source of the formation of the legal consciousness and establishing legal order, ensuring the efficiency of legal regulation due to the using the embodiment in reality of freedom, justice, equality.Legal norms themselves acquire the importance of values and become the subject of evaluation. Among values themselves, which act as an ideal justification of law rules, the law rules themselves and assessments, on the one hand, there are not only close ties but also mutual transitions. Therefore, both their interrelated explanations and differentiation are necessary.

scholarly journals Legal regulation of crypto assets in Switzerland

2020 ◽  
pp. 1-10
Author(s):  
Ilya Mikhailovich Lifshits ◽  
Alina Vitalievna Loseva
Keyword(s):  
Developed Countries ◽  
Legal Framework ◽  
Legal Regulation ◽  
Fund Raising ◽  
Legal Regime ◽  
Special Contribution ◽  
European Languages ◽  
Different Types ◽  
The Subject ◽  
Complex Regulation

The development of cryptocurrency markets make the investors to seek for most convenient jurisdictions from the perspective of legal regulation. The countries commonly associated with the developed financial legal systems are often fasten attention. One of such financial hubs is Switzerland, which just starts to form the approaches towards creation of legal regime for operations with virtual assets. The subject of this research is the Swiss legal acts in area of securities, licensing, taxes related to regulation of cryptocurrency, as well as reports of the supervisory authorities for Swiss financial market on the matter. The object of this research is the legal framework for regulation of mining activity. The authors examine the rules dedicated ti the questions of licensing of the activity related to operations with different types of tokens. Special attention is given to the question of taxation of the income received from operations with cryptocurrencies. The author&rsquo;s special contribution consists in comprehensive analysis of foreign sources presented on the three European languages. Having analyzed the legislation of Switzerland, the conclusion is made that similar to many developed countries, Switzerland has not created a complex regulation of operations with cryptocurrencies. At the same time, the normative acts that regulate certain aspects of circulation of crypto assets, such as fund raising in terms of tokens distribution and taxation have been adopted. Regulation of crypto assets often depends on the qualification of different types of tokens, in other words, their regime is consigned to the operations with such assets that are most similar to the corresponding type. The increase of operations with crypto assets will soon inevitably result in creation of a more accurate legal regime

scholarly journals Legal regulation of digital services taxation in the European countries

2020 ◽  
pp. 32-46
Author(s):  
Mikhail Aleksandrovich Eremkin
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
European Countries ◽  
Practical Significance ◽  
Normative Documents ◽  
Theoretical Substantiation ◽  
Digital Services ◽  
The Subject ◽  
Scientific Value

The relevance of this research is defined by the fact that in modern realities, the economic activity is carried mostly by means of digital technologies, which requires amendment of legal regulation of the economy overall and tax relations in particular. The subject of this research is the normative documents of separate European countries (Austria, Hungary, Greece, Italy, and France) adopted in recent years and aimed at regulation of taxation of the digital international groups of companies. The goal of this work consists in determination of legal framework for implementation of digital services tax in certain Western European countries, as well as in identification of the problems caused thereof. Practical significance and scientific value of this work lies in the detailed description and systematization of the normative legal acts of the European countries that established the digital services tax on a unilateral basis, which made the information on promulgated laws within the framework of reforms in the European tax system more accessible for the Russian researchers. Based on the analysis of theoretical sources, the author outlines the legal problems and consequences of implementation of the new tax. The conclusion is made that digital services tax requires further theoretical substantiation and more detailed elaboration for overcoming legal uncertainty and compliance with the international legal framework.

scholarly journals Object and Subject of Legal Regulation as Components of the Structural Organization of Law and Order

Lex Russica ◽  
2020 ◽  
Vol 1 (1) ◽  
pp. 118-131
Author(s):  
E. V. Svinin
Keyword(s):  
Public Relations ◽  
Structural Organization ◽  
Integrated Approach ◽  
Legal Regulation ◽  
Legal Order ◽  
Law And Order ◽  
Legal Literature ◽  
The Subject ◽  
Dynamic Structures ◽  
Fundamental Categories

The relationship of the legal order with the categories "object of legal regulation" and "subject of legal regulation" has not been studied comprehensively enough. The legal literature has developed an approach to defining the structure of law and order as a set of public relations regulated by law. This approach seems limited, since it inevitably leads to the identification of the structure of the rule of law and the subject of legal regulation. Other aspects of the interaction of law and order with the categories "object of legal regulation" and "subject of legal regulation" are yet to be studied.The multi-aspect nature of the "law and order" category necessitates an integrated approach to its structure, for the analysis of the categories "object of legal regulation" and "subject of legal regulation" are of great methodological importance. The peculiarities of the manifestation of order in the legal sphere allow us to distinguish three relatively independent sides of a single concept: law and order as a "norm", "process" and "result" of legal life.The study of static and dynamic structures of law and order is impossible without analyzing the categories "object of legal regulation" and "subject of legal regulation". These categories are considered as the most important components of the structural organization of law and order. In this capacity, they allow you to see the internal logic and regularities of the manifestation of order in the system of legal phenomena such as sources of law, the system of law, the system of legislation, legal relations and legal activity.The application of the categories "object of legal regulation" and "subject of legal regulation" allows you to create a comprehensive and complete picture of the structure of law and order. However, it seems that legal science should pay more attention to these categories. The established traditional and dogmatic views need a new system update. The development of a private theory of the object of legal regulation and the subject of legal regulation will make it possible to achieve significant results in understanding other fundamental categories, in particular the legal order.

scholarly journals TYPES OF LOCAL LEGAL PRINCIPLES OCCUPATIONAL HEALTH AND SAFETY REGULATION

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 233-243
Author(s):  
О. С. Вареник
Keyword(s):  
National Level ◽  
Professional Knowledge ◽  
Health And Safety ◽  
Legal Regulation ◽  
Labor Protection ◽  
Negative Consequences ◽  
Local Rule ◽  
Local Regulation ◽  
Definition Of ◽  
Rule Making

Local regulation of labor protection is carried out at each enterprise, organization or institution separately. As a result, the subjects of local rule-making have their own ideas about the quality of local regulations, how to draw up such an act and how to teach local law. At the same time, approaches to local regulation of labor protection may differ even within a large enterprise, and even more so at the regional or national level during the creation of collective agreements. The quality and efficiency of local regulation of labor protection depends on the number of accidents at the entrepreneur, safety for members of the workforce and the general population. At the same time, the formation of local regulations can be influenced by completely subjective factors regarding the style of speech, as well as the presence of deep professional knowledge on the topic of labor protection. It is clear that chaos in the understanding of local legal regulation of labor protection increases the likelihood of negative consequences. Today, the legislative definition of uniform requirements for local regulation procedures and the content of local labor protection acts is not provided, and therefore it is important to establish and disseminate among the subjects of local regulation common and easy to understand principles of local labor protection regulation. The article analyzes the practices and legislation on local regulation and establishes which principles apply to labor protection. It is important to derive a classification of such principles, as it will simplify their organization, illustrate the connection and place in legal regulation, interaction with centralized regulation, as well as emphasize the autonomy of local regulation of labor protection. The analysis of the content of the principles of local legal regulation of labor protection provided an opportunity to determine their essence, features of implementation, to clarify their procedural or material nature and systemic action. It is concluded that the principles of local legal regulation of labor protection are all interdependent and non-compliance with at least one of them will lead to the illegality of the local legal act. It is established that the principles combine both legal requirements and requirements of organizational, technical and economic nature. The problem is to convey the content of such principles to the subjects of local rule-making, as many of them do not have special professional knowledge. In addition, it is necessary to create more effective mechanisms for control and monitoring of compliance with the principles during the development and implementation of local regulations on labor protection.

scholarly journals Law and Legal Science in the Age of Big Data

Intersections ◽  
2017 ◽  
Vol 3 (2) ◽  
Author(s):  
Zsolt Ződi
Keyword(s):  
Big Data ◽  
Language Processing ◽  
Social Engineering ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Science ◽  
The Subject ◽  
The One ◽  
The Impact ◽  
Law Making

The paper aims to contribute to the understanding of the connection of law and legal science, on the one hand, and the Big Data phenomenon, on the other. The connection of Big Data and law can be thematised in several ways. This article makes a distinction whereby there are two levels of interplay between Big Data and the law (and legal science). Big Data on the one hand can be the subject of legal regulation and legal science, but it also can be a tool for better, ‘predictive’ law making and lawyering. This latter is also true for legal science: Big Data opens a whole range of possibilities as a new tool. Thus, this article discusses three fields and questions in three sections: 1. Big Data as the subject of legal regulation. What kind of moral questions does Big Data, and the predictive potential it has, raise? How does law recently frame, define and regulate the Big Data phenomenon? How does Big Data affect existing legal framework rules regarding privacy, data protection, competition, business regulatory, etc.? What will the new rules, regulating Big Data look like? 2. Big Data as a tool in the regulator’s and the lawyer’s hand. How can we exploit the new possibilities provided by Big Data in law making, policy creation and the application of law? How can we design new ways of ‘Big Data-based social engineering’? How can we create predictive tools and inferencing techniques based on Big Data in policing, law enforcement and litigation? Finally in part 3. I discuss the impact of Big Data on legal science. How can Big Data, as a research tool help legal science? How do we use legal data-sets and textual corpuses as BD? How will these ‘super-empirical’ research methods affect legal scholarship? What is the relationship between traditional doctrinal scholarship and the new types of BD-based research? How can we use statistical analysis, natural language processing, content analysis, machine learning, behavioural prediction, etc. in legal science?

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