scholarly journals Law Protection for Tuak Tree (Borassus Sundaicus) in Kupang City of the West Timor Island, East Nusa Tenggara Province, Indonesia

2019 ◽  
Vol 11 (2) ◽  
pp. 55
Author(s):  
Jimmy Pello ◽  
Apolonia Diana Sherly da Costa
Keyword(s):  
Open Space ◽  
Legal Protection ◽  
Legal Regulation ◽  
Natural Resistance ◽  
Distribution Area ◽  
The West ◽  
Legal Norms ◽  
West Timor

Lontar tree is one of the biological resources that ecologically has a wide and varied distribution. From the description of Beccari (1913), palm leaves which are growing in Indonesia are Borassus Sundaicus. Lontar tree is a dry land resistant plant that has a wide spread, grows in several areas in Indonesia such as in the eastern part of Java Province (i.e. Madura), Bali, West Nusa Tenggara Province, and East Nusa Tenggara Province (Nusa Tenggara Timur or NTT). NTT is a natural distribution area of ​​palm oil, namely on Timor Island, Flores, Sumba, Savu, Rote and other Islands including in the West Timor Island (Kupang City). For the people in Kupang City, lontar tree is more familiar with the term Tuak tree (Timor’s language) or Palm Tree. Tuak tree has benefits for the culture, social, health and economy of the community. However, with various benefits, of course there are problems, namely the existence of threats to the sustainability of its existence. The development in Kupang City has converted the land where Tuak trees are grown for the benefit of government offices, the private sector, residential settlements, the economy, and other public facilities. The threat to the preservation of Tuak trees is also seen in the mindset of local governments and communities who hold firmly a perspective that the Tuak tree is very difficult to be cultivated by the community because it has a natural resistance to its life. The result has been patterned in the community, that the Tuak tree can grow without being planted and mantained. From a legal standpoint, the regional legal norms seem to support the act of transferring the land of the existence of the Tuak tree, even though, the Indonesian national environmental law explicitly instructs legal regulations to take into account the interests of environmental sustainability. The purpose and contribution of this research is to analyze the readiness of regional legal arrangements regarding Green Open Space related to the protection of the carrying capacity of the Tuak tree in its conservation. The contribution of this study as a basis for the consideration of the Indonesian government and the community in planning the establishment of regional laws to support the protection of the Tuak tree in NTT, especially in Kupang City, as well as further research material in the area. This research method was designed as normative and empirical legal research. The normative direction questions the legal regulation aspect from a juridical technical point of view (Dutsch: Tecnischjuridisch begrippen) and also in the realm of legal theory the question of the concept of legal protection for the Tuak tree is questioned. In strengthening conceptual aspects, an empirical legal thinking is inputted to strengthen the conceptual analysis of legal norms. This study uses the Statue approach, Conceptual approach and Case approach. The sources of legal material are in the form of primary and secondary legal materials. The aspects that were studied are the provisions of conservation law related to tree management and protection in order to protect the green open space in Kupang City, where the legal provisions governing follow-up products from the Indonesian national and regional management, determination of Indonesian regional policies relating to management, cultivation, conservation of the Tuak trees and determination of programs related to the conservation of the Tuak trees, which are associated with protection planning policies, conversion of crop land, protection of local food, other follow-up products from palm wine stems and leaves. The results of the study show that the norms in the Kupang City’s Regulation Number. 7 Year 2000 concerning the Green Open Space contain more spatial concepts than the green concept of the existence of the Tuak tree as a biological resource. The word "green" refers to trees or plants that live and grow in Kupang City, but in its implementation, the Indonesian regional law dominates these regulations which are supported by an Indonesian policy that always changes due to a pressure on land requirements for development in Kupang City. The regional legal planning for the law protection of the Tuak tree in Kupang City has not received serious attention yet from the Indonesian regional legislative and executive councils. The legal plan for the protection of the Tuak tree is supposed to be carried out under conditions where the population of the Tuak tree has not been disturbed naturally through its management various development interests in Kupang City, in the West Timor Island, East Nusa Tenggara Province, Indonesia.

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 Banking operations as an object of administrative and legal protection

2018 ◽  
Vol 81 (2) ◽  
pp. 28-37
Author(s):  
M. Y. Bukreev
Keyword(s):  
Financial Institutions ◽  
Banking Sector ◽  
Banking System ◽  
Legal Protection ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Norms ◽  
The Past ◽  
The Subject ◽  
Banking Operations

The subject matter of the research is the relations that are formed in the process of banking operations. It has been substantiated that banks and the banking system are among the most important financial institutions, which proper and stable functioning influences on all other spheres of life in the state. It is proved by the consequences of crises in the banking sector that have occurred in Ukraine over the past few years. Awareness of the importance of this area and the possible consequences of unlawful encroachments have determined the need to search for all legal means for combating delicts in the sphere of banking operations. Understanding the fact that one can achieve significant results in the sphere of protecting banking operations by administrative and legal means, has necessitated this scientific study. In order to analyze banking operations as an object of administrative and legal protection, the author has fulfilled the following tasks. The author has highlighted the use of the concepts of “protection” and “administrative and legal protection” in the context of their implementation in relation to banking operations. The foundations of Ukrainian and international administrative and legal regulation of protecting relations in the sphere of banking operations have been revealed. The essence and features of banking operations influencing the understanding of the sphere of protected relations have been outlined; and the content of administrative and legal protection of relations in the field of banking operations has been revealed. It has been noted that there is an extensive system of banking legislation on legal norms in Ukraine regulating banking operations that require legal protection. The practical significance of the obtained results of the article is determined by the substantiated provisions for improving the approaches to increase the efficiency of the administrative and legal protection of the relations in the sphere of banking operations. A number of practical results of the research can be used while studying administrative and legal means of protecting relations in the field of banking operations.

scholarly journals РОССИЯ И КИТАЙ: СОВЕРШЕНСТВОВАНИЕ ЗАКОНОДАТЕЛЬСТВА В ОБЛАСТИ БОРЬБЫ С ДОПИНГОМ

2020 ◽  
Vol 56 (3) ◽  
pp. 157-166
Author(s):  
В. В. Литовченко
Keyword(s):  
High Performance ◽  
Criminal Liability ◽  
National Level ◽  
Criminal Policy ◽  
Legal Protection ◽  
Political Influence ◽  
Legal Regulation ◽  
Special Role ◽  
Legal Norms ◽  
The Right

Спорт высших достижений является отражением экономического и политического влияния на международном уровне. Россия со времен СССР, являясь одним из мировых лидеров, занимала ведущие позиции в мировом спорте. Вместе с тем последние события в сфере крупных международных соревнований, серьёзные допинг-скандалы, отстранение ведущих спортсменов от соревнований показывают, что успех в современном спорте высших достижений неизменно связан с правильной трактовкой и реализацией на национальном уровне международно-правовых норм, связанных с допингом. Особую роль занимает уголовно-правовая охрана «чистоты» спорта от преступных посягательств в сфере использования и оборота допинговых средств. Автором проанализированы основы законодательства Российской Федерации и Китайской Народной Республики в области противодействия применению запрещённых препаратов в спорте. Осуществлена оценка на-ционального законодательства двух стран в контексте их соответствия междуна-родно-правовым договорам и соглашениям. Проведён сравнительный анализ действующих административных и уголовно-правовых норм. Систематизированы ос-новные положения и подходы в правовом регулировании данной сферы в России и Китае. Отдельно рассмотрены нормы, регламентирующие уголовную ответствен-ность за преступные деяния, в которых допинг является предметом преступления. Также в работе уделяется внимание уголовной политике в сфере борьбы с использованием допинга национальными спортсменами. Автор приходит к выводу, что две страны – на правильном пути, модифицируя нормы, касающиеся допинга, в соответствии с текущими реалиями спорта высших достижений. Несмотря на необ-ходимость внесения некоторых изменений, в дальнейшем принятые меры в России и Китае должны дать положительный результат. Ключевые слова: спорт высших достижений, законодательство, существующее в России и в КНР, субъекты международной спортивной деятельности, правоотношения, ответственность, борьба с допингом, незаконное употребление, наказание. The sport of records reflects the economic and political influence at the international level. Since the times of the USSR, Russia has been one of the world leaders, hold-ing leading positions in world sports. At the same time, the latest events in the sphere of large international competitions, serious doping scandals, banishment of the leading athletes from the competitions demonstrate that a success in modern sports of the highest achievements is inevitably connected with the correct interpretation and implementation of international legal norms related to doping at the national level. A special role is played by criminal legal protection of sport "cleanliness" from criminal encroachments in the sphere of use and circulation of doping means. The author analyzed the basics of legislation of the Russian Federation and the People's Republic of China in the sphere of counteraction to the use of prohibited drugs in sport. National legislation of the two countries was assessed in the context of their compliance with international legal treaties and agreements. A comparative analysis of existing administrative and criminal legal norms was made. The main provisions and approaches to legal regulation in this area in Russia and China were systematized. The norms regulating criminal liability for criminal acts in which doping is a subject of crime are considered separately. Also, attention is paid to criminal policy in the sphere of struggle against doping by national sportsmen. The author comes to the conclusion that the two countries are on the right track by modifying the norms concerning doping according to the current realities of the high-performance sport. Despite the necessity to make some changes in the future, the measures taken in Russia and China should give positive results. Keywords: sport of records, legislation existing in Russia and the PRC, subjects of international sports activities, legal relations, liability, the fight against doping, illegal use, punishment.

scholarly journals Likumības princips civilprocesā: formālas lietu vešanas kārtības pamats civillietās

2021 ◽  
Vol 1 (19) ◽  
pp. 110-119
Author(s):  
Ivars Kronis
Keyword(s):  
Civil Rights ◽  
Legal Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Legal Norms ◽  
Substantive Law ◽  
Available Information ◽  
Subjective Rights ◽  
Principle Of Legality

Rakstā tiek apskatīts jautājums par likumības principa izpausmi un saturu civilprocesā. Pētījumā tiek aplūkoti likumības principa procesuālie un materiāli tiesiskie jautājumi. In the article, the author examines the matter of the expression and content of the principle of legality in civil procedure, more specifically focusing on the procedural and substantive problems of the principle of legality. Civil procedure is universal as a compulsory form of protection of subjective rights or, in other words, civil procedure is a procedure for compulsory exercise of civil rights, which is reduced to a set of norms that determine the type of actions of both existing legal protection institutions and persons who use this protection or are involved in it in any other way. Legality plays an important role in this regard. Legality means a state of life of the society which, firstly, has a legal framework, which is not logically contradictory and which generally meets the objective needs of this society and, secondly, natural and legal persons respect and follow the legal norms adopted. In civil procedure, this is not only a principle, but also one of the aims of legal proceedings. According to its content, the principle of legality includes, firstly, the requirement that the courts apply the norms of the substantive law correctly and carry out procedural actions in accordance with the legal norms; secondly, the requirement that other participants of the procedure comply with the procedural and substantive legal regulation when adjudicating and considering civil cases in court. Thus, the principle of legality includes procedural and substantive components. The aim of the article is, by analysing the moral-legal content of the principle of legality, to evaluate the aspects of its application. Material and methods used in the study for the empirical basis of the research include scientific works and collections of articles, publications in periodicals and primary sources, laws, internet resources, as well as other publicly available information. Analytical, inductive and deductive research methods have been used in the research.

scholarly journals PROBLEM ASPECTS OF TRADITIONAL APPROACHES TO DETERMINATION OF METHODS OF LEGAL REGULATION

2021 ◽  
pp. 39-44
Author(s):  
O. Kotiuk
Keyword(s):  
Legal Regulation ◽  
Theory And Practice ◽  
Huge Number ◽  
Erroneous Conclusion ◽  
Legal Norms ◽  
Course Of Action ◽  
Objective Sense ◽  
Traditional Approaches ◽  
System Methodology

The article refutes traditional ideas regarding the existence of the unified and inherent in each specific branch of law method of legal regulation. The following aspects are substantiated: (1) erroneous conclusion that the method of legal regulation is one of the obligatory criteria for distinguishing legal norms in the field of law; (2) that the existing definitions of the concept and content of these methods are controversial; (3) the need to clarify and the issue in question itself, namely whether it is about methods of legal regulation or methods of law, the identification of which is erroneous; (4) incompleteness of the proposed features and systems of these methods; (5) unjustified underestimation in the formation of the doctrine of methods of legal regulation of their conditionality not only by the subject, but also by the purpose and objectives of each of its types, and by what means each of them can be solved. The article proves the following: (1) since the law in the objective sense performs the function of the method, in the theory and practice of legal relations it would be more appropriate to use the concept of not "method of law", but "method of legal regulation"; (2) in the structure of any method, it is necessary to distinguish its content, which is a system of relevant requirements, rules, guidelines, recommendations, etc., and its form, which is the appropriate method of its application; (3) each type of legal regulation provides for the need to solve a huge number of tasks, and therefore uses a huge number of appropriate tools, which include its methods, each of which is marked by its own content and form, its inherent features and has its own structure, which facilitates the choice for its use of the appropriate course of action; (4) components of the system of methods of legal regulation are common law, branch, methods of separate legal institutes and methods of solving separate (atypical) tasks, which determines the relevance of their classification; and (5) methods of legal regulation can be properly characterized only in a system of comprehensive consideration of the following issues: (a) the concept, purpose and objectives of legal regulation; (b) its object and subject; (c) means of legal regulation and what tasks they aim to solve; (d) ways and features of the procedure for their application, fixation and procedural forms of use of obtaining results with their help; (d) subjects authorized to use them; and (e) ways of legal support for the proper use of appropriate means and results obtained with their help. Keywords: legal regulation, branches of law, subject, methods, means, content, form, system, methodology.

scholarly journals AN AMICABLE AGREEMENT OR ANOTHER FORM OF DEBT RESTRUCTURING IN INSOLVENCY PROCEDURE FOR INDIVIDUALS IN LATVIA

2016 ◽  
Vol 4 ◽  
pp. 509-514
Author(s):  
Renata Konopecka
Keyword(s):  
Legal Protection ◽  
Legal Regulation ◽  
The State ◽  
Debt Restructuring ◽  
Bankruptcy Problems ◽  
Distinctive Features ◽  
Legal Norms ◽  
Legal Perspective ◽  
Practical Proposal ◽  
Insolvency Proceedings

The goal of this article is to explore the features of using insolvency proceedings in Latvia and to elaborate on special proposals for modernizing the laws. In the legislation, there has been no prospect from a legal perspective to restructure an individual’s debts. Namely, individuals have no opportunity to use legal protection within the framework of the insolvency proceedings to reach an amicable agreement with creditors, or create another form of debt restructuring. Eliminating this gap in legislation is therefore necessary.In this article, analytical, comparative, historical and deductive methods are used to explore the legal norms that regulate the insolvency proceedings for an individual. The aim is to identify the distinctive features of the proceedings; to analyze the problematic aspects of laws and develop proposals for modernizing the legislation of Latvia in this field. The novelty of this research pertains to it being the first attempt in Latvia to examine the question of legal regulation of insolvency proceedings in complexity, with a practical proposal to improve Latvian legal norms and avoid bankruptcy problems. The outcome of this study includes a proposal to supplement the Act on Insolvency with the Article “Amicable Agreement”, for deciding upon the state of insolvency. This relates to an agreement between the creditors and the debtor to fulfil obligations before an auction of the debtor’s property.

scholarly journals Regulation of beekeeping as a vector of green economy’s institutional development

2021 ◽  
Vol 937 (3) ◽  
pp. 032120
Author(s):  
T Skvortsova ◽  
T Epifanova ◽  
T Pasikova ◽  
N Shatveryan
Keyword(s):  
Legal Status ◽  
Legal Protection ◽  
Institutional Development ◽  
Legal Regulation ◽  
State Regulation ◽  
Green Economy ◽  
Legal Norms ◽  
Legal Method ◽  
Logical Method ◽  
Cis Countries

Abstract The purpose of the article is to study the aspects of beekeeping regulation as a vector as a vector of green economy’s institutional development. To achieve the objectives indicated, the authors analyze the legal status of bees as objects of legal regulation and legal protection; the beekeeping activity and the legal status of beekeepers and their associations; the issues of state regulation of beekeeping activities. In the course of the study the authors applied the systemic and structural-functional methods of scientific knowledge, the comparative legal method, the method of interpreting legal norms, as well as the logical method. As a result of the study, conclusions were drawn about the need to improve the regulation of beekeeping activities both by the norms of the national legislation of Russia and at the level of the CIS countries. A coordinated state policy to support beekeeping activities within the CIS could significantly affect the development of beekeeping in the CIS countries. In this regard, the proposed measures to improve the legal regulation of beekeeping in Russia and to create mechanisms for state support of beekeeping in the CIS countries are proposed as a vector of institutional development of the green economy.

scholarly journals INTERNATIONAL LEGAL PROTECTION OF LABOR RIGHTS OF DOMESTIC WORKERS

2021 ◽  
pp. 5-8
Author(s):  
V. Andriiv ◽  
Keyword(s):  
Legal Protection ◽  
Domestic Workers ◽  
Work Conditions ◽  
Legal Regulation ◽  
Labor Rights ◽  
Legal Analysis ◽  
Decent Work ◽  
Legal Norms ◽  
Characteristic Features ◽  
Hired Labor

The article addresses the analysis of international legal acts that regulate the labor relations of domestic workers, as well as related problems. The peculiarities of such regulation and its characteristic features are determined. Due to the fact that the problem of regulating the activities of employees who perform work on household services under the employment contract today is global in nature, it is relevant to many countries around the world concerning the basic standards and guarantees for those employed under the contract and engaged in housework. The means established by law to provide decent work conditions for domestic workers, as well as protection against discrimination, various forms of violence and interference in the privacy of domestic workers are determined. The methodological basis of the study were general and special methods of cognition. The dialectical method examines the problems of legal regulation of international norms of employment of domestic workers and their relation to a number of trends that have different effects on international labor law. Formal-logical and systematic methods were used in the study of the content of international legal acts governing the employment of domestic workers. The main result of the study is the regulation through international legal acts of relations concerned with the use of hired labor of domestic workers, improving its conditions, protection against discrimination and creating conditions for the free exercise of their ability to work within national laws as well as for comparative legal analysis and ways of existing systems improvement. Emphasis is also placed on increasing the role and need for recognition of legal mechanisms for the protection of labor rights of domestic workers, improvement of international legal norms aiming at their protection.

scholarly journals “Upon the Limits of Rights Regimes”: Reception Conditions of Asylum Seekers in the Republic of Ireland

Refuge ◽  
2007 ◽  
pp. 86-100 ◽  
Author(s):  
Liam Thornton
Keyword(s):  
Welfare State ◽  
Asylum Seekers ◽  
Legal Protection ◽  
Legal Regulation ◽  
Republic Of Ireland ◽  
The Republic ◽  
The Welfare State

Only in recent years has Ireland had to deal with appreciable numbers of asylum seekers coming to her shores. The reception of asylum seekers awaiting determination of refugee claims has drastically altered in that period. From inclusion to exclusion has been the hallmark of the legal regulation of reception conditions for asylum seekers. Legal protection from the Irish courts in ensuring a degree of socio-economic protection to asylum seekers is unlikely to be forthcoming. Traditional arguments on asylees’ rights as being “different” from Irish citizens and those of other residents have been utilized to justify exclusion from the welfare state. Ensuring the reception of asylum seekers within traditional welfare state structures, where their rights and needs are considered in a similar manner to those of citizens, is the underlying argument of this paper.

scholarly journals THE PROBLEM OF DETERMINING PRIORITIES OF ECOLOGICAL AND LEGAL PROTECTION: NATURE AND HUMAN HEALTH AS OBJECTS OF LEGAL

2017 ◽  
Vol 21 (1) ◽  
pp. 177-183 ◽  
Author(s):  
E. V. Vorontsova
Keyword(s):  
Legal Protection ◽  
Environmental Safety ◽  
Legal Regulation ◽  
Point Of View ◽  
Nature Protection ◽  
Legal Norms ◽  
The World ◽  
Ecological Relations ◽  
Environmental Relations ◽  
Legal Mechanism

The paper is devoted to the problematic issues of the legal regulation of nature protection activities in the Russian Federation. The author notes that a sharp deterioration of the ecological situation indicates a crisis of the previously existing paradigm of human-environmental interaction. Therefore, the situation requires full-scale measures within the state's environmental strategy. However, the change of the environmental state policy as a whole and the improvement of the legal mechanism of environmental relations in particular encounters a number of theoretical and practical problems, which have not been solved. The author pays attention to the problem of determining the priorities of environmental and legal protection, which is very important in the process of establishing the optimal ratio in the "human-nature" relations. The result of solving the problems influences the objectives of the state environmental policy, as well as the objectives of the Environmental Safety Strategy. The author analyzes the main aspect of the considered problem, the essence of which is ambiguity of the fundamental object in ecological relations. It is noted that today there are two points of view on this issue in the Russian legal science. According to the first one, the object of legal protection is exclusively environmental interests of a man. Accordingly, the protection of nature must be carried out exclusively in the interests of his life and health. Supporters of the second point of view believe that the nature as a whole should be a priority in legal protection. The author notes that the choice of a particular conceptual position (and, accordingly, the priority of environmental and legal protection) depends on the world outlook on the role and place of a man in the world. At the same time, problems of a technical and legal nature, connected with internal logic and subordination of legal norms regulating ecological relations worsen the situation. The author concludes that there are internal contradictions in the mechanism of legal protection of the environment.

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