scholarly journals CONCEPTUAL FRAMEWORK FOR THE LEGAL PROTECTION OF SUBSOIL

2021 ◽  
pp. 152-157
Author(s):  
A. V. Sleptsov
Keyword(s):  
Conceptual Framework ◽  
Natural Environment ◽  
Legal Protection ◽  
Legal Regulation ◽  
Basic Component ◽  
Point Of View ◽  
Rational Use ◽  
Environmental Focus ◽  
The Republic ◽  
Definition Of

The article is devoted to the analysis of the legal protection of subsoil. Based on the analysis of legislation, the author distinguishes the theoretical features of the concepts of "subsoil" and "legal protection of subsoil," an attempt was made to formulate an author's definition of these concepts. The author concludes that it is necessary to recognize the subsoil as an object of environmental and legal protection, taking into account their properties not only as a repository of minerals, energy and other resources, but also as a complex and basic component of the natural environment. The author believes that from the point of view of the interests of subsoil protection, it is advisable to distinguish between the requirements for ensuring the rational use of subsoil and the requirements aimed directly at the protection of subsoil, with the separation of the latter into a separate article of the Subsoil Code of the Republic of Belarus "Subsoil Protection," which will contribute to the development of the environmental focus of legal regulation in this area.

scholarly journals RELATIONSHIP OF CONCEPTS LEGAL PROTECTION AND PROTECTION OF RIGHTS IN SCIENTIFIC DISCOURSE

2021 ◽  
pp. 8-11
Author(s):  
Ya. Babych ◽  
Keyword(s):  
Legal Protection ◽  
Legal Regulation ◽  
Point Of View ◽  
Theoretical Research ◽  
Scientific Schools ◽  
Legal Nature ◽  
Universal Approach ◽  
The Subject ◽  
Definition Of ◽  
Relationship Of

The article addresses the understanding of the legal categories "legal protection" and "protection of rights". The legal nature and content of these definitions are analyzed. Particular attention is paid to the characteristics of these definitions in scientific international and domestic doctrines. The positions of five different scientific schools on the understanding of these concepts are considered. The first cohort of scientists adheres to the views according to which such definitions are analyzed as interaction of whole and part. The second group of scholars identifies the concepts of "legal protection" and "protection of rights". The third point of view on the specified theoretical problems, consists of the delimitation of the outlined definitions. The fourth constellation of scholars reveals the analyzed categories through the prism of individual branches of law, taking into account the subject and method of legal regulation of each area. The universal approach distinguishes between the concepts of "legal protection" and "protection of rights" and considers them as different, but at the same time absolutely full-fledged legal categories. It is substantiated that the latter has normative and applied significance and is effectively used by the international community both at the doctrinal and legislative levels. On the basis of the conducted theoretical research the independent scientific conclusions and judgments on the analyzed subjects are offered, in particular the author's definition of definition "legal protection" is given. In addition, the main features inherent in the above categories are highlighted. Particular attention is paid to the need of highlighting the preventive component of the concept of "legal protection", which is particularly important within this category.

scholarly journals Public order as a social good protected from hooliganism by the criminal law of the Republic of Armenia

2021 ◽  
Vol 2021 (1) ◽  
pp. 110-114
Author(s):  
Sergey Denisov ◽  
Hovhannes Jumshudyan
Keyword(s):  
Interpersonal Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Criminal Code ◽  
Public Order ◽  
Social Good ◽  
Legal Literature ◽  
Moral Standards ◽  
The Republic ◽  
Definition Of

The article is devoted to the study of the essence of public order as the object of legal protection against hooliganism. Public order as a complex differentiated category is formed from numerous volitional relationships between people in society being manifested in their behavior and actions as a result of their conscious activity. The state adopting certain laws exerts considerable influence on interpersonal relations monitoring their compliance and execution. Public order as the object of criminal legal protection from hooliganism is a complex socio-legal category based on the relations between members of society and their obedience to moral standards indicating the relevance of the topic of the article. The article examines the definition of the concept of «public order» expressed by the Court of Cassation of the Republic of Armenia, as well as views put forward in the legal literature of the Republic of Armenia and the Russian Federation. The concept of «public order» is considered in both broad and narrow meanings. In addition, the problems of possible social regulators that determine the criteria for acceptable behavior of an individual within the framework of public order are discussed. In the field of constitutional and legal regulation, the currentle gislation of the Republic of Armenia on public order, in particular the legal acts defining the criteria for permissible behavior of an individual within the framework of public order, has been investigated. As a result of the study, proposals to bring the concept of «public order» used in Article 258 of the Criminal Code of the Republic of Armenia into line with the principle of legal certainty were made.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

Dispositive Model of Active Legal Capacity of People with Mental Disabilities in France and Quebec in the Context of the Russian Civil Code Reform (Part II)

2021 ◽  
pp. 80-87
Author(s):  
Terdi E. S. ◽  
◽  
Skrynnik I. K. ◽  
Keyword(s):  
Mental Disorder ◽  
Legal Protection ◽  
Legal Regulation ◽  
Civil Code ◽  
Point Of View ◽  
Legal Capacity ◽  
Persons With Disabilities ◽  
Legal Norms ◽  
Leading Role ◽  
Legal Method

The article is devoted to the problem of the inconsistency of the Russian imperative model of active legal capacity, according to which the content of active legal capacity in case of its restriction due to mental disability of a person is prescribed by the law, to the Convention on the Rights of Persons with Disabilities ratified by Russia in 2012. The purpose of the paper is to demonstrate the shortcomings of the imperative model, the main of which is the lack of authority of the Russian court to individually determine the consequences of restriction of active legal capacity of a person due to mental disorder, taking in account degree of actual decrease of his cognitive and volitional abilities. This purpose is achieved by the consistent implementation of the following tasks. First of all, characteristic of the Russian imperative model of active legal capacity is given. Secondly, the French dispositive model of legal capacity is described. In this model the forms of legal protection, but not the categories of active legal capacity, incapacitation and restricted active legal capacity are the backbone concepts for the legal regulation of this group of relationship. It is noted that under the influence of the Convention on the Rights of Persons with Disabilities the more progressive, from the point of view of international law, forms of this model are stipulated in many foreign countries. Thirdly, the evolved form of the French dispositive model of active legal capacity, implemented in the Bill 18 «An Act to amend the Civil Code, the Code of Civil Procedure, the Public Curator Act and various provisions as regards the protection of persons», that was adopted by the National Assembly of Quebec in 2 June 2020, is analyzed. The main advantage of the latter is that the court, establishing the form of protection, is not bound by the legal norms that imperatively determine the content of active legal capacity of a person with mental disorder. The court is able, based on the cognitive and volitional abilities of particular person, to individually determine which acts person can perform by himself, alone or with the assistance of the tutor, and which one can be performed by the tutor only. The objectives of the study determine the leading role of the comparative legal method in its implementation. The provided research makes possible to assess the perspectives of borrowing of French or Quebec dispositive models of active legal capacity of people with mental disorder by the Russian legislator.

scholarly journals MINING AND BUSINESS ACTIVITIES: IN SEARCH OF THE BALANCE

2019 ◽  
pp. 73-82 ◽  
Author(s):  
I. V. Ershova ◽  
E. V. Trofimova
Keyword(s):  
Legal Regulation ◽  
Digital Economy ◽  
State Regulation ◽  
Entrepreneurial Activity ◽  
Advantages And Disadvantages ◽  
Layer Cake ◽  
Blockchain Technology ◽  
Private And Public ◽  
The Republic ◽  
Definition Of

The article reveals the content and outlines approaches to the definition of the legal nature of mining. Attention is drawn to the necessity of legal regulation of this activity, which is predetermined by the Federal Program «Digital Economy of the Russian Federation» — a project that provides for normative regulation of the digital environment. In order to support the mission to eliminate digital illiteracy, which is also envisaged in the National Program, the author elucidates the etymology and meaning of the term «mining» and considers various doctrinal interpretations of this concept. The paper presents such analogies of the blochchain technology as the public ledger, DNA, and a layer-cake for a better understanding of the blockchain technology that is associated with mining. Material-technical and organizational foundations of mining are revealed. The author demonstrates advantages and disadvantages of solo mining, pool mining, and cloud mining. The results of comparative monitoring of the attitude to the recognition of cryptocurrency as a means of payment are presented. Attention is drawn to the liberal legal regulation of blockchain technology and mining under the laws of the Republic of Belarus. The paper determines the stages of a law-making process aimed at legal support of mining in Russia. Based on the results of comparison of concepts of entrepreneurial activity and mining, it is concluded that mining represents one of new types of entrepreneurship brought to life due to the needs of digital economy. The author suggests thatmining participants be recognized as self-employed persons. It is noted that the entrepreneurial nature of mining arises questions concerning measures of its state regulation which is difficult within the framework of the existing paradigm, but should be built on the basis of a balance between private and public interests.

scholarly journals Improvement of legal regulation of foreign economic transactions in the Republic of Uzbekistan

2020 ◽  
Vol 1 (2) ◽  
pp. 94-104
Author(s):  
Dilfuza Imamova
Keyword(s):  
Foreign Currency ◽  
Legal Regulation ◽  
State Regulation ◽  
Applicable Law ◽  
Arbitration Clause ◽  
Commercial Enterprise ◽  
The Republic ◽  
Contract Language ◽  
Definition Of ◽  
Economic Transaction

The article deals with issues related to improving the legal regulation of foreign economic transactions in the Republic of Uzbekistan. It is determined that foreign economic transaction is a transaction in which one party is a foreign company or a commercial enterprise located in another state, the trade focused on the import or export abroad and to use in settlements with counterparty foreign currency. It was found out that some types of foreign economic transactions are not reflected in the national legislation of the Republic of Uzbekistan, namely distribute and forfeiting contracts. The article notes that there are various problems associated with the incorrect formation of the terms of foreign economic transactions, their content and requirements, in particular when reflecting the applicable law, the arbitration clause, determining the advantages of the contract language, the application of non-state regulation. It is concluded that it is necessary to regulate the definition of applicable law in relation to certain types of foreign economic transactions that are not reflected in the Сivil code of the Republic of Uzbekistan, namely, in relation to distribution and forfeiting contracts, certain types of foreign economic transactions, internet auctions, internet contests or internet exchanges. Based on the study of foreign experience and scientific and theoretical views, ways to improve legislation in the field of settlement of certain types of foreign economic transactions were investigated. Based on the results of the analysis, relevant conclusions were drawn and proposals were developed for the current legislation.

THE NOTION OF THE SYSTEM OF CIVIL PROCEDURAL LAW

2021 ◽  
Vol 11 (4) ◽  
pp. 13-26
Author(s):  
V.M. SHERSTYUK
Keyword(s):  
Internal Structure ◽  
Legal Regulation ◽  
Point Of View ◽  
Entire System ◽  
Procedural Law ◽  
The Subject ◽  
Definition Of ◽  
Constituent Elements

The study puts forward the thesis that the basis for the allocation of structural subdivisions of civil procedural law is mainly the subject of legal regulation. The complex internal structure of the system of this branch of law is due primarily to the diversity of civil procedural relations that constitute the subject of regulation of this branch of law. The work reveals the essential features of the concept of “system of civil procedural law”, defines the grounds for its structural subdivisions and their composition, gives the definition of this category. In particular, the author has formulated the idea that the system of civil procedural law is an internally coordinated set of civil procedural rules, institutions and other relatively independent structural subdivisions of this branch of law, naturally interconnected into a single whole due to the unity of civil procedural relations. Also in this study the point of view is expressed that each level of the system, as well as the entire system of civil procedural law as a whole, is characterized not only by typical features of its constituent elements, but also by their typical, regular relationships that constitute its structure.

Latvijas prezidenta Egila Levita runu valodiskais profils: ceremoniālā, juridiskā vai politiskā retorika?

2021 ◽  
pp. 333-345
Author(s):  
Līga Romāne-Kalniņa ◽  
Keyword(s):  
Critical Discourse Analysis ◽  
Political Discourse ◽  
The State ◽  
Point Of View ◽  
Frequent Use ◽  
European Court ◽  
The Media ◽  
The Republic ◽  
Characteristic Features ◽  
Definition Of

Aristotle’s definition of rhetoric as the art of observing the available means of persuasion is one of the most widely used quotations not only in linguistics but also in social, political, and communication sciences. Aristotle, apart from defining the elements of rhetoric (logos, ethos and pathos), has proposed three types of rhetoric that refer either to the present situation (ceremonial), the past (judicial), or the future (political). The current president of Latvia and his language use is one of the most widely discussed topics across the media and academia due to the register, style, and content of his speeches. Moreover, the president of Latvia has a direct impact on how the state is perceived nationally and internationally; thus, it is significant to investigate the linguistic profile of the linguistic expression of the ideas communicated by the president to the wider public. The current study analyses 160 speeches given by president Egils Levits on nationally significant occasions as well as internationally with the aim to investigate whether the speeches of the president of Latvia correspond to the ceremonial, political or judicial rhetoric because the president represents both legal and political discourse as the former judge of the European Court of Human Rights and the former minister of Justice, and as the head of the Republic of Latvia represents the state nationally and abroad. The study is grounded in the theories on rhetoric and Critical Discourse Analysis applied to political discourse and presidential language and discussed by scholars such as Aristotle (1959), Van Dijk (2006), Chilton and Schäffner (2002), O’Keeffe (2006), Van Dijk (2008), David (2014), Wilson (2015) and Wodak and Mayer (2016). The results of the current study reveal that the speeches are a clear representation of a combination of legal, political, and ceremonial rhetoric and cross various semantic fields that are marked by the use of field terminology in combination with topos of definition and name interpretation to explain the terms directly in the speeches. The speeches by Levits are furthermore marked by relatively frequent use of loanwords, neologisms, obsolete words, and compounds that is one of the main characteristics of the linguistic profile of his speeches. Additional characteristic features are the use of parallel sentence constructions, inverted word orders, rhetorical questions, and pronominal referencing to attract the listener's attention and emphasize the thematic areas of the speeches. Nevertheless, it has been concluded that such linguistic techniques as metaphors, metonymies, synecdoche, or hyperbole are used comparatively less frequently, thus making the speeches appear more formal and less emotional from the linguistic point of view.

Legal Issues Related to Combating Cybercrime: Experience of the Republic of Kazakhstan

2018 ◽  
Vol 8 (7) ◽  
pp. 2286
Author(s):  
Timur Keldeshevich YERJANOV ◽  
Zulfiya Mazhitovna BAIMAGAMBETOVA ◽  
Aliya Mazhitovna SERALIEVA ◽  
Zhanat ZHAILAU ◽  
Zhuldyz Talgatovna SAIRAMBAEVA
Keyword(s):  
Conceptual Framework ◽  
Communication Networks ◽  
Legal Issues ◽  
Global Information ◽  
Social Experiment ◽  
Cyber Terrorism ◽  
Information And Communication ◽  
The Republic ◽  
Universal Definition ◽  
Definition Of

This paper deals with the legal issues related to combating cybercrime in the global information and communication networks through comparative analysis of relevant legislation of the Republic of Kazakhstan and Western European countries. The purpose of this research is to identify the specific features of present cybercrime, to develop a conceptual framework, to specify new forms of cybercrime and to find the main directions in combating cybercrime. The research methodology was based on dialectical, comparative legal, sociological, system-structural and statistical methods, as well as on social experiment. The study gave the possibility to disclose specific features of cybercrime, provided a universal definition of cybercrime, which can be used in international conventions as well as in international criminal investigation. The study highlighted two new types of cybercrime - cyber-terrorism and identity theft with the view of committing crimes, which could be included in the Convention on Cybercrime. The authors of this study developed a universal conceptual framework that can be used in international legal instruments and international cooperation in combating cybercrime and formed a unified approach to address some legal issues related to cybercrime in the global information and communication networks.

CONDITION AND PROBLEMS OF KAUNAS FORTRESS / KAUNO TVIRTOVĖS KULTŪROS PAVELDO OBJEKTŲ BŪKLĖ IR PROBLEMOS

2012 ◽  
Vol 36 (1) ◽  
pp. 63-72
Author(s):  
Nijolė Steponaitytė
Keyword(s):  
European Union ◽  
Cultural Heritage ◽  
Natural Environment ◽  
Point Of View ◽  
Cultural Property ◽  
Master Plan ◽  
The European Union ◽  
New Construction ◽  
The Republic

The paper discusses objects of the research on Kaunas Fortress, listing of the Fortress in the Register of Cultural Property of the Republic of Lithuania, and process for establishing respective territory and preservation zones. Some protection objects – forts, batteries and their territories – are analysed from the point of view of new construction penetration into the territories and preservation zones of cultural heritage. Creation of terriologic reservates around objects of the Fortress and their regulation influence to buildings is discussed. Natural environment planning, the European Union supported projects, their results and realisation, practical benefit, some solutions of the master plan of Kaunas, that harm objects of cultural heritage territories of Kaunas Fortress are discussed as well. Santrauka Straipsnyje aptariami Kauno tvirtovės objektų tyrimai, įtraukimas į LR nekilnojamojo kultūros paveldo vertybių registrą, teritorijų ir apsaugos zonų nustatymas. Analizuojama kai kurių Kauno tvirtovės gynybinių statinių teritorijų būklė, naujų statybų skverbimasis į kultūros paveldo objektų apsaugos zonas ir teritorijas. Aptariamas teriologinių draustinių įkūrimas tvirtovės gynybiniuose objektuose, jų nuostatų įtaka statiniams, gamtotvarkos planų ir kitų Europos Sąjungos finansuojamų projektų rezultatai ir siūlymų įgyvendinimas, praktinė nauda, kai kurie Kauno miesto Bendrojo plano sprendiniai, kenkiantys Kauno tvirtovės kultūros paveldo objektų išlikimui.

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