THE MASTER OF A VESSEL WHILE INTOXICATED OR UNDER THE INFLUENCE OF ALCOHOL IN WATERBORNE TRAFFIC, AS A MODUS OPERANDI DIRECTLY AFFECTING MARITIME SAFETY

2021 ◽  
Vol XV - Wydanie specjalne ◽  
pp. 55-70
Author(s):  
Przemysław Niewiński
Keyword(s):  
Partial Solution ◽  
The State ◽  
Legal Regulations ◽  
Modus Operandi ◽  
Maritime Safety ◽  
State Commission

The main purpose of the article is to draw attention to the occurrence of the phenomenon directly affecting maritime safety and consisting in driving, navigating and steering the vessel in water traffic by the manager of the vessel who is intoxicated or drunk. This constitutes a danger and hazard to the vessel, its crew and passengers on board, and may also lead to a maritime accident or incident involving other vessels. In addition, the lack of specific implementing regulations concerning the procedure in the event of ascertaining the above offence, with the simultaneous obligation to penalize such behavior, imposed by the legislator on bodies statutorily delegated to detect and prosecute, results in only a partial solution of the described problem. In this article, the author uses literature on maritime safety, interpretation of legal regulations in force in this respect and data obtained from maritime administration bodies and the State Commission for Investigation of Maritime Accidents.

Public hearings as an institution of deliberative democracy in major Russian and American cities

2021 ◽  
Vol 30 (1) ◽  
pp. 59-83
Author(s):  
Andrey Fursov
Keyword(s):  
United States ◽  
Russian Federation ◽  
The United States ◽  
Legal Regulation ◽  
The State ◽  
Legal Regulations ◽  
Federal Law ◽  
The Public ◽  
Public Hearings ◽  
The Russian Federation

Currently, public hearings are one of the most widespread forms of deliberative municipal democracy in Russia. This high level of demand, combined with critique of legal regulations and the practices for bringing this system to reality – justified, in the meantime, by its development (for example, by the Agency for Strategic Initiatives and the Public Chambers of the Russian Federation) of proposals for the correction of corresponding elements of the legal code – make both the study of Russian experiences in this sphere and comparative studies of legal regulations and practical usage of public hearings in Russia and abroad extremely relevant. This article is an attempt to make a contribution to this field of scientific study. If the appearance of public hearings in Russia as an institution of Russian municipal law is connected with the passing of the Federal Law of 6 October 2003 No.131-FZ, “On the general organisational principles of local government in the Russian Federation,” then in the United States, this institution has existed since the beginning of the 20th century, with mass adoption beginning in the 1960s. In this time, the United States has accumulated significant practical experience in the use of public hearings and their legal formulation. Both countries are large federal states, with their own regional specifics and diversity, the presence of three levels of public authority and different principles of federalism, which cause differences in the legal regulation of municipal public hearings. For this reason, this article undertakes a comparative legal analysis of Russian and American experiences of legal regulation and practical use of public hearings, on the example of several major municipalities – the cities of Novosibirsk, Nizhny Novgorod, Voronezh and New York, Los Angeles, and Chicago. A comparison of laws influencing the public hearing processes in these cities is advisable, given the colossal growth in the role of city centers in the industrial and post-industrial eras. Cities in particular are the primary centers for economic growth, the spread of innovations, progressive public policy and the living environment for the majority of both Russian and American citizens. The cities under research are one of the largest municipalities in the two countries by population, and on such a scale, the problem of involving residents in solving local issues is especially acute. In this context, improving traditional institutions of public participation is a timely challenge for the legislator, and the experiences of these cities are worth describing. The unique Russian context for legal regulations of public hearings involves the combination of overarching federal law and specific municipal decrees that regulate the hearing process. There are usually two municipal acts regulating public hearings on general issues of the city district (charter, budget, etc.) and separately on urban planning. In the United States, the primary regulation of public hearings is assigned to the state and municipality level, with a whole series of corresponding laws and statutes; meanwhile, methodological recommendations play a specific role in the organisation of hearings, which are issued by the state department of a given state. It is proposed that regulating the corresponding relationships at the federal subject level will permit a combination of the best practices of legal administration with local nuances, thereby reinforcing the guarantee of the realization of civil rights to self-government. There are other features in the process of organizing and conducting public hearings in the United States, which, as shown in the article, can be perceived by Russian lawmakers as well in order to create an updated construct of public discussions at the local level.

scholarly journals Governing the Arctic: The Russian State Commission for Arctic Development and the Forging of a New Domestic Arctic Policy Agenda

2019 ◽  
Vol 10 (0) ◽  
pp. 190
Author(s):  
Helge Blakkisrud
Keyword(s):  
Policy Formulation ◽  
The State ◽  
The Arctic ◽  
Policy Agenda ◽  
Russian Government ◽  
State Commission ◽  
Relative Neglect ◽  
The Government ◽  
Arctic Policy

After a period of relative neglect in the 1990s and early 2000s, the Arctic is back on the agenda of the Russian authorities. To ensure efficient coordination and implementation of its Arctic strategy, the government in 2015 established a State Commission for Arctic Development. It was to serve as a platform for coordinating the implementation of the government’s ambitious plans for the Arctic, for exchange of information among Arctic actors, and for ironing out interagency and interregional conflicts. Based on a case study of the State Commission for Arctic Development, this article has a twofold goal. First, it explores the current Russian domestic Arctic agenda, mapping key actors and priorities and examining the results achieved so far. Second, it discusses what this case study may tell us the about policy formulation and implementation in Russia today. We find that while the government’s renewed focus on the Arctic Zone has yielded some impressive results, the State Commission has been at best a mixed success. The case study demonstrates how, in the context of authoritarian modernization, the Russian government struggles to come up with effective and efficient institutions for Arctic governance. Moreover, the widespread image of a Russian governance model based on a strictly hierarchic “power vertical” must be modified. Russia’s Arctic policy agenda is characterized by infighting and bureaucratic obstructionism: even when Putin intervenes personally, achieving the desired goals can prove difficult.

scholarly journals Planowanie przestrzenne jako instrument oddziaływania na ochronę zasobów naturalnych i gospodarkę nieruchomościami

2020 ◽  
Vol 29 (1) ◽  
pp. 229
Author(s):  
Marian Zdyb
Keyword(s):  
Natural Resources ◽  
Environmental Protection ◽  
Spatial Planning ◽  
Spatial Development ◽  
The State ◽  
Legal Regulations ◽  
Human Settlements ◽  
Applicable Law ◽  
Development Plans ◽  
Local Law

<p>In view of growing threats in this respect, the protection of natural resources is undoubtedly becoming a serious challenge, both for the state and for each citizen. Therefore, this article is supposed to draw attention to the problem of searching for optimal instruments for the protection of these resources. This is about creating and developing appropriate standards in legal regulations regarding environmental protection, protection of nature, water, air, national and landscape parks, nature monuments, etc. as well as protection of natural resources in cities and human settlements. Undoubtedly, spatial planning is of paramount significance in this matter, in particular local spatial development plans and the appropriate instruments of action resulting from them. Their significance should be considered particularly important because they are generally applicable law as acts of local law.</p>

scholarly journals Official Reporting of Religious Organizations as a Source of Empirical Data on the Activities of the Church: Some Questions of Theory and Practice of the Evangelical Lutheran Church of Sweden

2020 ◽  
pp. 135-145
Author(s):  
O. A. Balabeikina ◽  
N. M. Mezhevich ◽  
A. A. Iankovskaia
Keyword(s):  
Academic Research ◽  
Partial Solution ◽  
The State ◽  
Theory And Practice ◽  
Public Attention ◽  
Reference Case ◽  
Global Trends ◽  
The World ◽  
The Relationship ◽  
The Church

The relevance of any material offered to the scientific and expert community depends on many factors. Objectively, the presence of this or that issue in the center of public attention has a positive effect on the actualization of this or that article. However, there is an obvious danger. Academic approaches that accidentally find themselves in resonance with global trends can fall victim to political conjuncture. Relevance in this case can fall victim to the political moment. Moreover, this or that topic, being in the center of public discussion, negatively affects the academic understanding of the problem. All this fully relates to the question of the relationship between the state and the church in modern Europe and Russia.A few words about global trends. Their essence boils down to the growing confrontation between supporters of new ideological approaches and traditionalists, among whom are many adherents.The relationship between religion and the state testifies to the fact that states and societies have not yet learned to draw an effective line between their interests and those of adherents. This fact presupposes careful state and public participation in the affairs of the church. However, acknowledging this circumstance is not enough. The state must clearly know what, where and how is happening in the church sphere of the life of society in cases where church affairs can affect public and state security.It is also known that almost all the leading churches, to a greater or lesser extent, provide official reporting to the state. However, working with this reporting, its scientific analysis is not always representative.Objective. The presented article is aimed at a partial solution of the problem of increasing the effectiveness of academic research of the church` activities. Moreover, it is made based on official church statistics.The author’s position is the following. States and societies have no right to let go of this vital sphere of life. The functions of the state, in this case, are at least controlling. The ineffective execution of its functions by the state can be revealed in many countries of the world. The situation in France is nothing more than a reference case of a problem that, to one degree or another, exists in most of the countries of the world, which are distinguished by ethnic and confessional heterogeneity.

The Question of Conscience in Why am I Doing This?

2021 ◽  
pp. 111-124
Author(s):  
ADEYEMI AMOS ADEGBOYEGA
Keyword(s):  
Qualitative Analysis ◽  
Status Quo ◽  
The State ◽  
Modus Operandi ◽  
The Status ◽  
Democratic System ◽  
State Of Affairs

Greatly concerned and obsessed with the state of affairs in the country, literary artists more often than not, call to conscience the sensibilities of their audience, politicians inclusive. Against the prebendal nature of politics which is characterized by different anarchist tendencies in Nigeria, literary artists find justification for their craft as they seek ultimately to re-organize the society and confront its perils. This is the crux of this study. My concern is to rationalize Abubakar Gimba’s Why am I Doing This? banking on the interrogative undertone of the title, a variation from the norm. This interrogative undertone as will be explicated herein questions the rationalities – of the author and the actors in his observations as documented. Four essays from the collection were purposively sampled to demonstrate this. Deploying the literary tool of postcolonialism, this study a critical qualitative analysis submits that Abubakar Gimba laments the anathema and apathy that pervades the Nigerian society despite the professed democratic system of governance. He unveils the hidden and sad truths of modern Nigeria in its raw and naked form. These truths contradict her democracy. It is against this that Gimba hopes for a change in the status-quo and modus operandi of statecraft.

Caste and Cultural Icons

2019 ◽  
pp. 218-241
Author(s):  
R. Thirunavukkarasu
Keyword(s):  
Tamil Nadu ◽  
The State ◽  
Modus Operandi ◽  
Parliamentary Elections ◽  
Bharatiya Janata Party ◽  
Electoral Performance

The Bharatiya Janata Party (BJP) may be an insignificant entity in the electoral arena of Tamil Nadu as the party won only one seat in the 2014 parliamentary elections. However, its efforts to expand its support base in the state where ideologically hostile political dispensations have near hegemonic presence demand a thorough scrutiny. BJP’s endeavours to expand by vernacularizing itself are arguably met with resistance, yet the party’s desperation to project itself as a Tamilized Hindutva party must be dissected. While tracing the genealogy of the BJP’s electoral performance and its modus operandi to expand its support base, this chapter elaborates a two-way process of ‘vernacularization’ and ‘pan-Indianization’.

scholarly journals Shifting targets: the effect of peacekeeping on postwar violence

2020 ◽  
Vol 26 (4) ◽  
pp. 979-1003 ◽  
Author(s):  
Corinne Bara
Keyword(s):  
Civil Wars ◽  
The State ◽  
Public Security ◽  
Modus Operandi ◽  
Spatial Approach ◽  
The Impact ◽  
Security Gap ◽  
Armed Actors ◽  
International Interventions

Existing research shows that peace after civil wars is more stable with peacekeepers present. Yet, violence persists in many postwar contexts, and although postwar violence is often strategic and closely linked to the faultlines of the preceding war, we know little about the impact of peacekeepers on such violence. What we know, moreover, focuses on the former combatants, while this study shows that the majority of deaths in postwar violence are inflicted by other armed actors. This is a challenge for peacekeepers who – for mandate or capacity reasons – usually focus on the warring parties. I argue that the impact of peacekeepers on postwar violence hinges on the extent to which they fill a public security gap after war, since responsibility for violence not covered by a mission’s mandate lies with the often dysfunctional security agencies of the state. To test this I use a novel spatial approach to generate data that captures the manifold manifestations of violence across different postwar contexts. I find that only UN police – with their broader effect on public security – mitigate postwar violence generally. UN troops have some impact on civilian targeting by former combatants but no such effect could be identified for violence by other armed actors. The findings highlight the importance of peacekeeping police at a time when the modus operandi and capacity of UN police have been questioned, but also the importance of accounting for a multitude of violent actors when analysing the impact of international interventions more generally.

Legal Aspects of Protecting the State Border of the Republic of Poland during Pandemics

2020 ◽  
Vol 75 ◽  
pp. 189-204
Author(s):  
Robert Socha
Keyword(s):  
Public Health ◽  
Legal Aspects ◽  
The State ◽  
World Health ◽  
Border Control ◽  
Legal Regulations ◽  
The European Union ◽  
The World ◽  
The Republic ◽  
International Threat

The problems raised in this article focus on the issues related to the solutions adopted by the Polish legislator as to the protection of the state border in the context of an international threat. The author presents the legal conditions related to the probability of temporary reintroduction of border control for persons crossing the state border regarded as an internal border of the European Union in the event of a threat to public health. The background for these considerations are legal regulations concerning the change in the organization of the protection of the state border of the Republic of Poland, as introduced due to the World Health Organization’s announcement of the pandemic caused by the SARS-CoV-2 coronavirus leading to the COVID-19 disease.

The state commission of local government

1939 ◽  
Vol 28 (2) ◽  
pp. 80-155
Author(s):  
Raymond B. Pinchbeck
Keyword(s):  
Local Government ◽  
The State ◽  
State Commission

Origins of the Texas Railroad Commission's Power to Control Production of Petroleum: Regulatory Strategies in the 1920s

1990 ◽  
Vol 2 (4) ◽  
pp. 353-387 ◽  
Author(s):  
William R. Childs
Keyword(s):  
United States ◽  
Natural Gas ◽  
Oil And Gas ◽  
The United States ◽  
The State ◽  
East Texas ◽  
Power Politics ◽  
Regulatory Strategies ◽  
State Commission ◽  
Control Production

The “Railroad Commission of Texas” conjures up visions of oil and gas and power politics and perhaps the question, What does “railroad” have to do with petroleum? The Railroad Commission (RCT) also brings to mind modern America between 1930 and the 1970s, when the Texas agency controlled from 35 to 45 percent of the oil and gas produced in the United States. These images come from cultural myths of the Lone Star State, from Americans' fascination with conspiracies, and, most telling, from the lack of historical analyses of the commission, its staff, and its regulatory strategies. The prevailing views of the commission are unfortunate ones, for they not only neglect the agency's regulation of railroads, natural-gas utilities, and buses and trucks but also skew the understanding of how the state commission came to regulate petroleum in the first place, how it devised policies for doing so, and how it legitimized itself and defended that legitimacy under the weight of the East Texas crisis between 1930 and 1935.

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