scholarly journals Experimental legal regimes of mobilization type as a method of legal regulation in the context of COVID-19 spread

2022 ◽  
Vol 5 (4) ◽  
pp. 30-42
Author(s):  
V. O. Makarov
Keyword(s):  
Technological Development ◽  
Evaluation Criteria ◽  
Legal Regulation ◽  
Complex Object ◽  
Legal Regime ◽  
Global Epidemic ◽  
Legal Regimes ◽  
Smart Regulation ◽  
Legitimate Interests ◽  
New Interpretation

Experimental legal regime; COVID19; legal regime; legal experiment; “regulatory sandboxes”; legal technique; classification of legal experiments; legality; experimental legal regimes of mobilization type on legal forecasting and legal interpretation methods. The theoretical basis of the research includes well-known legal science categories, i.e. legal regime and legal experiment that get a new interpretation with the appearance of experimental legal regime institute. The main results of the research, scope of application. Experimental legal regime is a broader legal phenomenon than regulatory sandboxes, which includes not only regulation of the digital innovation sphere, but also other rules that are limited in time and space. There are legal regimes with signs of experimentation that are not officially identified by the state as experimental legal regimes. The work studied the experience which arose due to  modern  changes  in  state  and  legal  regulation  caused  by  the  global  epidemic  of COVID-19. It is suggested to divide the legal experiments according to the purpose of experimental legislation into the following groups: optimizing, progressive and mobilization ones. The aim of the first group named “Optimizing legal experiments” is to test using of new regulation applied to a large and complex object. The second group named “Progressive legal experiments” is intended to check whether the abandonment of old laws is beneficial in the innovation field. The result is creation of a smart regulation for economic and technological development. The third group named “Mobilization legal experiments” is aimed at maintaining of the existing level of resources, security, and infrastructure in the event of critical situations. It is being proved that the legal restrictions aimed at preventing of COVID-19 viral infection spreading can be classified as experimental legal regimes of mobilization type. The criterion for distinguishing of mobilization experimental legal regimes from others is the voluntary participation in the legal experiment and the goal of the experimental legal regime.Conclusions. The development of mobilization experimental legal regimes implies raising of their legality. It can be achieved by the provision of legal guarantees such as the goals of the legal experiment and the evaluation of their consequences. This will allow identify whether the consequences of the experiment correspond to the goals of the new legal regulation. There must be grounds for limitations to legal certainty caused by legal experimentation. Their manifestation is the goal and evaluation criteria, with the help of which it is possible to determine whether the consequences of the establishment of the experiment correspond to the goals of the new legal regulation. Otherwise, there is a risk of unjustified infringement of the rights and legitimate interests of citizens.

Approaches to understanding the category "special legal regimes"

2021 ◽  
Vol 28 (1) ◽  
pp. 71-78
Author(s):  
Oleksandr M. Bukhanevych ◽  
Anastasiia M. Mernyk ◽  
Oleh O. Petryshyn
Keyword(s):  
Civil Rights ◽  
Public Relations ◽  
Legal Regulation ◽  
Special Focus ◽  
Negative Consequences ◽  
Legal Regime ◽  
Martial Law ◽  
State Of Emergency ◽  
Legal Personality ◽  
Legal Regimes

The study investigates the main approaches to understanding such legal categories as “legal regimes” and “special legal regime”, and provides their classification. Special legal regimes serve as the legal basis for restricting human and civil rights and freedoms; therefore, the relevance of the study of the concept, types, and main features of special legal regimes is beyond doubt. The authors of the study consider the relationship between the categories of special legal regime of a state of emergency and martial law, and describe the main grounds for their imposition. The authors noted a need for a clear, consistent legal regulation of the model of behaviour aimed at overcoming and eliminating negative consequences of an emergency and military nature. Attention is focused on the fact that in Ukraine, the regulation of public relations arising in connection with emergencies and military situations has become particularly important after the emergence of a military conflict on the territory of Ukraine and the spread of the COVID-19 virus. The study provides the author’s vision of the categories “legal regimes” and “special legal regimes”. it is proposed to interpret the legal regimes as the regulatory procedure, which is expressed in a set of legal means that describe a special combination of interacting permits, prohibitions, and obligations, while implementing a special focus of regulation. The latter should be interpreted as a form of public administration that makes provision for the restriction of the legal personality of individuals and legal entities, introduced as a temporary measure provided by means of administrative and legal nature, and aimed at ensuring the security of the individual, society, and the state. The study provides the classification of special legal regimes and contains proposals to distinguish them according to the content and basis of occurrence as follows: state of emergency, martial law, state of siege, state of war, state of public danger, state of tension, state of defence, state of threat, state of readiness, state of vigilance

scholarly journals To the problem of legal regulation of agricultural land turnover in the Russian Federation

2020 ◽  
Vol 176 ◽  
pp. 06005
Author(s):  
Irina P. Chupina ◽  
Natalia N. Simachkova ◽  
Oksana S. Trotsenko
Keyword(s):  
Russian Federation ◽  
Agricultural Land ◽  
Life Support ◽  
Legal Regulation ◽  
Point Of View ◽  
Natural Fertility ◽  
Legal Regime ◽  
Land Relations ◽  
Legitimate Interests ◽  
The Russian Federation

The authors comprehensively investigated theoretical and practical problems of legal regulation of agricultural land turnover in the Russian Federation. They analyzed the jurisprudence in the field of agricultural land turnover, examined the legal regime of agricultural land in the Russian Federation, investigated the peculiarities of land plots turnover from agricultural lands, identified a number of significant problems in the legislation in the field of legal regulation of agricultural purposes land turnover. It is difficult to overestimate the importance of land, which is a nonrecoverable natural resource. From this point of view, agricultural land has a unique unrepeatable natural fertility capacity that determines the possibility of producing life support products, being an essential component of the environmental system. In the annual Address to the Federal Assembly of the President of Russia in 2019, V.V. Putin, specifying the main directions of strategic development of the country, noted the high importance of the land legislation development. The peculiarities of the agricultural land plots turnover are due to the public nature of land relations regulation. For this category of land, a special legal regime is established for food security purposes of Russia, which leads to the prevention of removing these lands from agricultural circulation, as well as building development. According to articles 9, 36 of the Constitution of the Russian Federation, “land and other natural resources are used and protected in the Russian Federation as the basis for the lives and activities of peoples living on the the relevant territory” and the exercise of authority by land owners is limited to conditions for potentially damaging the environment and violation of rights and legitimate interests of other persons.

scholarly journals Separate proposals for improving the regulatory support for legal regimes in labor law in the light of labor law reform

2020 ◽  
pp. 177-181
Author(s):  
Lyudmila Vakaryuk
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
State Regulation ◽  
Coherent System ◽  
Legal Regime ◽  
Work Activity ◽  
Legal Remedies ◽  
Legal Regimes ◽  
Rights And Interests

The article is devoted to the formulation of proposals to increase the level of regulatory support of legal regimes in the labor law of Ukraine at the level of state regulation. It is emphasized that the legal regime is a static and dynamic phenomenon of objective reality, which concentrates in its substantive system the legal remedies used at certain stages of legal regulation in order to effectively secure it. The legal regime influences the employee and the employer as participants of the labor process, their consciousness and behavior, as a result of which the parties of labor relations optimize the motivation for work, their work activity, modify it or even stop it. However, despite the important role of the legal regime in the further development of labor law, this issue continues to be poorly researched, which negatively affects the effectiveness of legal regimes. It is emphasized that the legal regime contributes to the creation and maintenance of a coherent system of regulatory influence, order, and, under the influence of appropriate means of legal regulation, functions to achieve the effective realization by individuals of their needs, subjective rights and interests and the fulfillment of their duties. Effectiveness of legal regulation is determined not only by a one-time result, but also by its stability, in this connection the legislator, forming, exercising the right, is obliged to take into account the adequacy of the chosen legal means for the stated purpose and task. It is proposed to amend the Code of Labor Laws, which will contribute to a more effective implementation of the legal regime in practice. In particular, supplement the Code of Labor Law with articles on the notion of the labor-law regime, the purpose and objectives of the regime in labor law, as well as the criteria for the effectiveness of legal regimes in labor law. As such criteria, it is proposed to emphasize the validity of the fixing and functioning of the legal regime in labor law, the timeliness and urgency of fixing and change, the abolition of the legal regime in labor law, the reality of the legal regime in labor law. The skillful and effective use of the legal remedies, the well-defined purpose of the legal policy and the introduction of the appropriate legal regime will contribute to the effective realization of the socio-economic rights and interests of the subjects of labor relations and to the solution of the tasks facing the state and society as a whole.

Systematic Structural Analysis of the Categories "Intended Purpose" and "Permitted Use» in Natural Resources Branches of Law

10.12737/1143 ◽  
2013 ◽  
Vol 1 (11) ◽  
pp. 27-35 ◽  
Author(s):  
Алексей Анисимов ◽  
Aleksey Anisimov ◽  
Николай Мельников ◽  
Nikolay Melnikov
Keyword(s):  
Structural Analysis ◽  
Natural Resources ◽  
Legal Regulation ◽  
Legal Regime ◽  
Intended Purpose ◽  
Legal Regimes ◽  
Similar Principle ◽  
Definition Of ◽  
The Right

Legal designs "purpose" and "allowed use" are present at all branches of the nature-resource right and reflect objectively existing requirement of establishment of the general and special legal regimes of natural resources. The general legal regime of lands is defined by means of division of land fund into categories. The special legal regime assumes establishment of features of use and protection of the land plots of this or that category of lands within additional legal regulation by means of institute of zoning of territories and institute of allowed use of the land plots. Definition of types of allowed use of the land plots can be considered as specifying in relation to a categorization and zoning a way of management and definition of a legal regime of lands and other natural resources. The similar principle takes place and in other nature-resource branches of the right where it is formulated legislatively.

scholarly journals Legal regime of biobanks in domestic legislation

2021 ◽  
Vol 7 (1) ◽  
pp. 57-62
Author(s):  
E. S. Kryukova ◽  
V. D. Ruzanova
Keyword(s):  
Critical Analysis ◽  
Legal Regulation ◽  
The Other ◽  
Complex Object ◽  
Legal Regime ◽  
Other Hand ◽  
Domestic Legislation ◽  
The One

In the article on the basis of a critical analysis of the existing positions in the doctrine the concept of a biobank as an object of rights was formulated. At the same time, it is proposed to distinguish between the organizations in charge of biobanks and the collections themselves. It was concluded that biobank is a complex object, which is differentiated unity, since its elements, on the one hand, are autonomous, but on the other hand, are interconnected and interdependent. It is emphasized that the formation of a single legal regime of biobanks is complicated by the substantive heterogeneity of this object and the diversity of its elements. Taking into account the experience of European States in this field of legal regulation and scientific views, the idea of publishing as a basic special law on biobanks, which should establish their legal regime as an object of rights and rules for organizations under the jurisdiction of biobanks, was supported. The need for organizations working with biobanks to provide unprecedented protection is proven. The structure of the legal regime of biobank has been determined and as its most important component a group of rules on obtaining the consent of the holder for the further use of biobanks and data derived from them has been identified. The feasibility of introducing more diverse forms of consent to the circulation of the contents of biobanks is justified.

scholarly journals The Legal Regime of a Hydraulic Structure as an Element of a Water Management System

2021 ◽  
Vol 16 (8) ◽  
pp. 182-191
Author(s):  
S. A. Amashukeli
Keyword(s):  
Water Management ◽  
Water Body ◽  
Management System ◽  
Hydraulic Structure ◽  
Legal Regulation ◽  
Hydraulic Structures ◽  
Complex Object ◽  
Negative Consequences ◽  
Legal Regime ◽  
Water Management System

The paper discusses certain issues related to the legal regulation of relations arising in the creation and operation of hydraulic structures as an element of water management systems. The relevance of the topic raised is due to the significant impact on the water body of any hydraulic structure created for the use of water resources. The paper shows the legal nature of the relationship between a hydraulic structure and a water body and the ways of reflecting this relationship in the rules of law governing relations on the use and protection of waters; the legal regime for the protection of hydraulic structures from the negative consequences of improper operation is studied. Based on an analysis of the current Russian legislation, the author concludes that there is a differentiated approach to the legal regulation of the relations in question. The provisions of water legislation and legislation on environmental protection are applied to a hydraulic structure as part of a water management system that affects a water body. To a technically complex object, the improper operation of which potentially poses a threat to human life, different provisions are applied, namely the provisions of legislation and a number of regulatory and technical safety acts.

scholarly journals People, robots, artificial intelligence: regulatory challenges

2021 ◽  
Vol 9 (2) ◽  
pp. 26-30
Author(s):  
Yana Gayvoronskaya
Keyword(s):  
Artificial Intelligence ◽  
Public Relations ◽  
Technology Development ◽  
Technological Development ◽  
Self Regulation ◽  
Legal Regulation ◽  
Legal Regimes ◽  
Regulatory Instruments ◽  
Modern Level ◽  
Definition Of

The problem of regulating the processes of development, creation and use of robots and artificial intelligence (AI) units is acute for all states engaged in the digital transformation of public relations. The article addresses two aspects of the problem: first, the choice of optimal regulatory means corresponding to the present stage of technological development;second, the dependence of legal regimes on the concept and definition of robots and units of artificial intelligence. Qualitative legal regulation is always inextricably linked to precise definitions and the definition of the subject matter of legal regulation. The article examines different approaches to defining robots and artificial intelligence, as well as articulating an author’s view of the choice of legal regimes for different types of AI and robots. The importance of and the need for ethical regulation of robotics and AI are shown in relation to the choice of regulatory instruments. Deontological regulation is considered by the authors to be the most promising and acceptable for the modern level of technology development. At the same time, it has been proved that, in modern conditions, ethical regulation in the field of AI and autonomous robotic apparatus plays the role of self-regulation and assumes the functions of various means of self-regulation.

scholarly journals THE LEGAL REGULATION OF ADMINISTRATIVE AND LEGAL REGIMES IN THE MEMBER STATES OF THE EURASIAN ECONOMIC UNION

2016 ◽  
pp. 0-0
Author(s):  
Анастасия Калмыкова ◽  
Anastasiya Kalmykova
Keyword(s):  
Social Life ◽  
New Technologies ◽  
Technological Development ◽  
Special Kind ◽  
Legal Regulation ◽  
State Regulation ◽  
Member States ◽  
Eurasian Economic Union ◽  
Legal Regimes ◽  
Economic Union

The article is devoted to еру comparative legal analysis of the legislation in the Member States of the Eurasian Economic Union regard to the regulation of administrative and legal regimes. It examines the types of administrative and legal regimes, the specific methods of state regulation of the introduction of administrative and regulatory regimes as well as the restrictions imposed on members of regulated relations. The article also analyzes the common and distinctive features of the administrative and legal regimes in the Member States of the Eurasian Economic Union. The author proceeds from the fact that the grounds for the establishment of administrative and legal regimes in the Member States of the Eurasian Economic Union are requirements relating to safety as the result of social conflicts (causes) and the causes of natural, technological and biological nature as well as due to the necessity of establishing a special kind of regulation. This task is even more actualized in terms of scientific and technological development, the creation of fundamentally new technologies and industries, and the growth of morbidity and mortality because of influence of harmful environmental factors, progressive economic crisis, general increase of paces and intensity of economic, political and social life.

scholarly journals “Renaissance” of the “Smart Regulation” Category in the Domestic Law-Making Theory and Practice: Prerequisites and Factors of Influence

Legal Concept ◽  
2021 ◽  
pp. 6-11
Author(s):  
Agnessa Inshakova ◽  
Keyword(s):  
Information Technology ◽  
Technological Development ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Legal Concept ◽  
Ability To Act ◽  
Smart Regulation ◽  
Smart Technologies ◽  
Law Making

The main subject of the current issue of the journal “Legal Concept = Pravovaya paradigma” – “ ‘Smart Regulation’ As an Intersectoral Category of Modern Law” - was not chosen by the editorial board by chance. This annotation is a justification of the choice made. The author considers an objective need to popularize the intersectoral category of “smart regulation” in the Russian legal space as a significant argumentative factor, which has long been of key importance in foreign law-making theory and practice and has only recently begun to attract the attention of domestic researchers. The author announces the project supported by the Russian Scientific Foundation in 2021 which is offered by the scientists of the Department of Constitutional and Municipal Law of Volgograd State University, aimed at the comprehensive development of a system of smart regulation tools, the study of their legal nature, interrelation and correlation with the classical categories of jurisprudence, the justification of the criteria for the assessment of their efficiency and features of the application in the branches of private and public law. It is noted that the concept of “smart regulation” does not have an absolute novelty. On the one hand, according to the author, it is organically growing out of the ideas that have long been developed in detail in the world political and legal studies. On the other hand, the complex of tools used in the framework of smart regulation includes, along with the new ones, the entire system of classical legal instruments. Some of them acquire a different sound in the conditions of information technology development, including digitalization; for others, the limits and methods of their application are specified. The papers presented in the main topic of the issue and the rest of its headings illustrate numerous options for using modern and classical means of legal regulation in various spheres of public relations, taking into account new information technology opportunities. It is noted that the term “smart regulation”, taking into account the great challenges of modern realities, is often transformed into the term “smart technologies of legal regulation” and is also used in various combinations with different industry and disciplinary concepts. The paper substantiates the inexpediency of using the term “smart technologies” concerning legal regulation in such a narrow sense, limiting it to the context of total informatization of society and technological development. It is argued that we should be talking about the totality of literally all modern legal technologies. It is recommended to interpret “technologies” in a broad sense as a certain method of human activity. And these methods, according to the author, are made smart by the fact that they are chosen, created, and proposed by the representatives of law-making theory and practice as determined by the state of modern scientific knowledge and society. It is also recommended to take into account the subordination of the proposed legal methods and means to the value dominants which are characteristic of modern culture, as well as their ability to act as the organizing core of a particular sphere of the legal regulation of public life.

scholarly journals Constitutional-legal and political regime in modern Russia: the ratio and practice of realization

2015 ◽  
Vol 3 (4) ◽  
pp. 186-193
Author(s):  
Алексей Мамычев ◽  
Aleksey Mamychev ◽  
Алексей Овчинников ◽  
Alyeksyey Ovchinnikov ◽  
Павел Баранов ◽  
...  
Keyword(s):  
Political System ◽  
Legal Regulation ◽  
Political Regime ◽  
The Political ◽  
Legal Interpretation ◽  
Legal Regime ◽  
Institutional Structures ◽  
Legal Regimes ◽  
Fundamental Values

The article provides a conceptual-legal interpretation of the related concepts such as “the constitutional-legal regime”, “political regime”, “legal regime” and other. Defines their relationship and argues that is a constitutional-legal regime of a state. It is proved that the latter specifies the fundamental values of the legal regimes through various sectoral mechanisms, institutions, regulatory and institutional structures. The characteristic, specific properties and the boundaries of constitutional-legal regulation of the political system of modern Russia.

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