scholarly journals Typical offences of the law by security and convoy officers on duty

2021 ◽  
pp. 44-51
Author(s):  
Evgeniy Igorevich Sinitsyn ◽  
Sergei Nikolaevich Arkhipov
Keyword(s):  
Personal Experience ◽  
Preventive Measures ◽  
Professional Activity ◽  
Emergency Situations ◽  
Judicial Practice ◽  
Medical Facilities ◽  
Criminal Suspects ◽  
The Law ◽  
Senior Officers ◽  
Detention Facilities

The authors describe the examples of possible offences of the law by temporary detention facilities officers, security and convoy officers, and other internal affairs officers responsible for criminal suspects convoying. Such offences are often connected with the disregard of rules of official duty performance or with the improper execution of duties, which leads to the occurrence of emergency situations, such as: an assault on a police officer by an individual or a group of individuals; hostage taking; escape or self-maiming attempts. Based on personal experience and judicial practice materials and regulating documents analysis, the authors consider the key measures aimed at the reduction of the emergency situations rate in the work of temporary detention facilities and security and convoy units. The professional activity of temporary detention facilities officers, as well as security and convoy officers, involves everyday contacts with  suspects, persons accused of crimes, and persons sentenced to imprisonment. Officers convoy them to courts, medical facilities, etc. Such duties become routine for experienced officers, which can lead to the loss of vigilance and cautiousness in the work with criminal suspects. On the other hand, inexperienced officers, not knowing the peculiarities of their service, can also commit dereliction of duty, or worse - neglect of their official duties. Therefore, the issues of control and preventive measures taken by senior officers aimed at avoiding offences of the law by their subordinates, become particularly significant. 

CONSTITUTIONAL AND LEGAL STATUS OF THE SUPREME COURT AS A COURT OF LAW IN UKRAINE

2021 ◽  
Author(s):  
Ruslan Skrynkovskyy ◽  
◽  
Vasyl Khmyz ◽  
Svitlana Hlushchenko ◽  
Mariana Khmyz ◽  
...  
Keyword(s):  
Supreme Court ◽  
Legal Status ◽  
Judicial System ◽  
Professional Activity ◽  
Constitutional Court ◽  
Main Function ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Law ◽  
Grand Chamber

The article reveals the features of the constitutional and legal status of the Supreme Court as a court of law in Ukraine. It has been established that the constitutional and legal status of the Supreme Court is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Judicial System and the Status of Judges» and the Code of Administrative Procedure of Ukraine. Analysis of the legislation allows us to note that the Supreme Court is the highest court in the judicial system in Ukraine. The composition of the Supreme Court is formed by the Grand Chamber of the Supreme Court, the Administrative Cassation Court, the Criminal Cassation Court and the Civil Cassation Court. It has been established that the President of the Supreme Court is elected to office, and also dismissed from office based on the results of a secret ballot held by the Plenum of the Supreme Court. The constitutional and legal status of the Supreme Court makes it possible to single out such basic functions of the Supreme Court as: the function of administering justice, during which the Supreme Court acts as a court of cassation; the function of analyzing judicial statistics, as well as summarizing judicial practice; the function of providing conclusions on draft legislative acts directly related to the judicial system; the function of providing an opinion on the presence or absence of signs of committing high treason or other crime in the acts for which charges are brought against the President of Ukraine, for committing high treason or other crime; the function of providing appellate and local courts with proper methodological information on law enforcement issues, etc. It has been determined that the professional activity of the Supreme Court contributes to ensuring the observance of the principle of equality of all before the law and requires ensuring at the same time the achievement of the unity of judicial practice. It is noted that the prospects for further research in this direction are the study of the legal status of the Constitutional Court of Ukraine as a body of constitutional jurisdiction, the main function of which is to ensure the supremacy of the Constitution of Ukraine.

Regulatory Guillotine in the Field of Industrial Safety

2020 ◽  
pp. 22-28
Author(s):  
E.V. Klovach ◽  
◽  
A.S. Pecherkin ◽  
V.K. Shalaev ◽  
V.I. Sidorov ◽  
...  
Keyword(s):  
Russian Federation ◽  
Preventive Measures ◽  
Regulatory System ◽  
Industrial Safety ◽  
State Control ◽  
Regulatory Impact ◽  
The Russian Federation ◽  
The Law ◽  
The Government ◽  
Executive Body

In Russia, the reform of the regulatory guillotine is being implemented in the field of control and supervisory activity. It should result in a new regulatory system formed according to the principles specified in the key federal laws: «On state control (supervision) and municipal control in the Russian Federation» (Law on Control) and «On mandatory requirements in the Russian Federation» (Law on Mandatory Requirements) adopted in August 2020. In the field of industrial safety, this process was launched by the Decree of the Government of the Russian Federation № 1192, which will come into force on January 1, 2021. The main provisions are discussed in the article, which are related to the Law on Control and the Law on Mandatory Requirements. The Law on Control establishes the priority of preventive measures aimed at reducing the risk of causing harm in relation to the control activities, the grounds for carrying out control (supervisory) activities, the types of these activities in the forms of interaction with the controlled person and without such, the procedure for presentation of the results of control (supervisory) activity. The Law on Mandatory Requirements establishes that the provisions of regulatory legal acts should enter into force either from March 1 or September 1, but not earlier than 90 days after their official publication, and their validity period should not exceed 6 years. The drafts of regulatory legal acts developed by the federal executive bodies are subject to regulatory impact assessment. With a view to ensuring systematization of mandatory require ments, their register is kept. The federal executive body prepares a report on the achievement of the goals of mandatory requirements introduction. By January 1, 2021, 10 resolutions of the Government of the Russian Federation, 48 federal norms and rules in the field of industrial safety and 9 other regulatory legal acts of Rostechnadzor should be adopted. The drafts of all the documents are already prepared, some of the acts are completing the process of discussion and approval.

scholarly journals "TRUST IN PUBLIC INSTITUTIONS AND COMPLIANCE WITH MEASURES AGAINST COVID-19 PANDEMIC. CASE STUDY ON METROPOLITAN AREA OF CLUJ, ROMANIA"

2021 ◽  
Vol 63 E ◽  
pp. 128-150
Author(s):  
Bianca RADU
Keyword(s):  
Metropolitan Area ◽  
Preventive Measures ◽  
Local Level ◽  
Public Institutions ◽  
Policy Compliance ◽  
The Public ◽  
Emergency Situations ◽  
Medical Institutions ◽  
Second Wave

The goal of this article is to analyze the level of citizens’ trust in different public institutions during the second wave of COVID-19 pandemic, and the influence of citizens’ trust on their compliance with the measures adopted to prevent the spread of the virus. The research was conducted between November and December 2020 on a sample of 700 residents of Metropolitan Area of Cluj, Romania. During the time of data collection, Romania registered the largest number of daily COVID-19 cases, therefore, citizens’ compliance with preventive measures was crucial to contain the spread of the virus. Citizens reported high levels of compliance with preventive measures. However, even though people were recommended to avoid meetings with relatives and friends, and participation to private events with large number of people, respondents reported that did not fully comply with social distancing requirements. Citizens have highest level of trust in the public institutions at local level, medical institutions and County Committees for Emergency Situations. The research found that trust in public institutions influences the compliance with preventive measures; however, the influence is weak and the trust in different institutions influences differently policy compliance.

Renewal of the Land Lease Agreement: Problems of Theory and Judicial Practice

2020 ◽  
Vol 27 (3) ◽  
pp. 48-62
Author(s):  
Vitalii Urkevych
Keyword(s):  
Legal Regulation ◽  
Practical Significance ◽  
Structural Method ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Subject ◽  
The Law ◽  
Important Object ◽  
And Performance ◽  
Lease Agreement

Land is the most important object of the environment. It is an indispensable means of production in agriculture, the territorial basis for the location of various objects. It is argued that the proper functioning of land lease relations is a guarantee of sustainable economic circulation, a guarantee of the exercise of rights and performance of duties by both the lessor and the lessee of the land. The issue of renewal of the land lease agreement after its expiration is debatable. The purpose of the study is to outline the existing theoretical and law enforcement problems regarding the renewal of the land lease agreement, to make proposals to eliminate the latter. To achieve this purpose, a system-structural method of scientific knowledge was used, which helped analyse the prescriptions of the legislation on renewal of the land lease agreement, their relations and interaction were highlighted. The study proves that the lessee's pre-emptive right exists to renew the land lease agreement only for the same period and on the same terms and in the absence of objections to such renewal by the lessor. If the lessee tries to change the essential terms of the land lease agreement and in the absence of the lessor's consent to such changes, the lessee's pre-emptive right to enter into a land lease agreement for a new term is terminated. It is emphasised that in each dispute it is necessary to establish the good faith of the lessor’s actions to refuse to renew the land lease agreement with one person (lessee) and the subsequent conclusion of the agreement with the new lessee. The use of the category of "less protected" party in land lease legal relations appears debatable, because depending on the subject composition of the parties to these legal relations, such a party can be both a lessee and a lessor. It is concluded that the Supreme Court should unify the practice of applying the provisions of the law on the renewal of the land lease agreement (only in combination with other regulations or autonomously, with the use of the principle of "tacit consent"). The possibility of autonomous application of such instructions is indicated by the provisions of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning Counteraction to Raiding”. The revealed shortcomings of the legal regulation of the renewal of the land lease agreement after its expiration indicate the directions of improvement of the legislation in land lease, which has practical significance

ON THE PROBLEMS OF EXERCISING THE AUTHORITY OF THE REPRESENTATIVE OF THE CLAIMANT TO RECEIVE THE AWARDED FUNDS: ALL DOUBTS ARE NOT IN FAVOR

2021 ◽  
Vol 10 (6) ◽  
pp. 294-316
Author(s):  
E.V. ZAICHENKO
Keyword(s):  
Bank Account ◽  
Judicial Practice ◽  
Special Power ◽  
The Law ◽  
The Right ◽  
To Receive

The author examines the problematic aspects of the implementation by the representative of the claimant under the enforcement document of a special power to receive funds both in the course of enforcement in the presence of enforcement proceedings initiated in the relevant division of bailiffs, and in the order of presenting the writ of execution directly to a Bank or other credit organization. It is stated that there is no uniformity of judicial practice on the issue of recognizing the right of a representative to demand the transfer of funds due to the recoverer to the account of the recoverer’s representative in the event of the exercise of this power during the initiated enforcement proceedings. The article substantiates the provision on the involuntary nature of the Bank’s actions carried out in accordance with Article 8 of the Law on Enforcement Proceedings, as well as on the unreasonableness of the ban on transferring funds to the personal Bank account of the representative in the case of applying with an enforcement document to the Bank for the purpose of collecting in a simplified manner. It is concluded that there are no significant grounds for differentiating the considered options for collecting funds in order to determine whether the representative of the recoverer has the right to receive the money awarded to the recoverer.

The order of property realisation in bankruptcy (insolvency) procedure under the law of Ukraine and Germany

2021 ◽  
Vol 28 (4) ◽  
pp. 210-222
Author(s):  
Oleksandr D. Sviatotskyi ◽  
Rodion B. Poliakov
Keyword(s):  
Legal Framework ◽  
Legal Analysis ◽  
Electronic Trading ◽  
Trading System ◽  
Legal Study ◽  
Judicial Practice ◽  
Legal Provisions ◽  
German Legislation ◽  
The Law ◽  
The Right

The article represents a comparative legal study of the specifics of the order of debtor's property realisation in the bankruptcy procedure under the law of Ukraine and Germany through the application of hermeneutic (used in accessing the essence of the legal framework and judicial practice); axiological (in determining the evaluative base) along with phenomenological (and the nature of the phenomena); systematic (modeling of the functioning systems) methodological toolkit. The authors emphasise the importance of legal provisions governing the sale of the debtor's property, due to the natural proximity of this stage of the competitive process to the financial component, which, in turn, is inevitably associated with various abuses. An electronic trading system had been recently introduced in Ukraine, on which therefore many hopes and expectations were relied upon. However, the electronic trading system did not cope with tasks set, and many new problems were added to the old ones. The article states that the existence of problematic issues in the procedure of bankrupt property realisation is confirmed, in particular, by the court practice. However, judicial practice in itself often becomes a source of problems. The article pays special attention to the German legislation, which uses a radically opposite model of property sale in insolvency proceedings. The authors justifiably propose to make certain changes to the Ukrainian legislation, by using the positive experience of Germany. As a result of a comparative legal analysis of the legislation of Ukraine and Germany, the authors provide ways of solving the raised issues in the article. The implementation of the recommendations submitted within this comparative-legal study should improve the quality of bankruptcy proceedings, reduce the number of abuses by insolvency trustees, as well as protect the rights and property interests of competitive creditors and creditors with the right of separate satisfaction

ANALYSIS OF THE MAIN PROVISIONS OF THE FEDERAL LAW NO 248-FZ DATED 31.07.2020 “ON STATE CONTROL (SUPERVISION) AND MUNICIPAL CONTROL IN THE RUSSIAN FEDERATION”

2020 ◽  
pp. 26-32
Author(s):  
Дмитрий Сергеевич Адамов ◽  
Евгений Вячеславович Козырев ◽  
Игорь Владимирович Костерин ◽  
Владимир Александрович Сорокин ◽  
Наталья Олеговна Щеголева
Keyword(s):  
Russian Federation ◽  
Preventive Measures ◽  
State Control ◽  
Federal Law ◽  
The Russian Federation ◽  
The Law

В статье рассмотрены основные положения Федерального закона от 31.07.2020 г. № 248-ФЗ «О государственном контроле (надзоре) и муниципальном контроле в Российской Федерации», который вступает в силу с 1 июля 2021 года. Проанализированы изложенные в Федеральном законе процессуальные основы осуществления государственного и муниципального контроля, акцент которых сделан на профилактические мероприятия. The article considers the main provisions of the Federal law No 248-FZ dated 31.07.2020 “On state control (supervision) and municipal control in the Russian Federation”, which comes into force on July 1, 2021. The article analyzes the procedural bases of state and municipal control expounded in the Law. The focus of these bases is on preventive measures.

scholarly journals Ergonomic risk and preventive measures of musculoskeletal disorders in the dentistry environment: an umbrella review

PeerJ ◽  
2018 ◽  
Vol 6 ◽  
pp. e4154 ◽  
Author(s):  
Simone De Sio ◽  
Veronica Traversini ◽  
Francesca Rinaldo ◽  
Valerio Colasanti ◽  
Giuseppe Buomprisco ◽  
...  
Keyword(s):  
Systematic Review ◽  
Musculoskeletal Disorders ◽  
Preventive Measures ◽  
Lower Limbs ◽  
Cochrane Library ◽  
Professional Activity ◽  
Trunk Inclination ◽  
Dental Practitioners ◽  
Dental Professionals ◽  
Ergonomic Risk

IntroductionDental practitioners are exposed to different occupational hazards during the course of their professional activity, such as physical, chemical, biological, ergonomic factors. The ergonomic hazards, caused by strained posture and prolonged repetitive movements, can induce musculoskeletal disorders. It occurs in 54–93% of dental professionals and involve the spine, shoulder and hand-wrist tract. Through a systematic review of international literature, we analyzed specific ergonomic risk factors and preventive measures of musculoskeletal disorders in professional dental activity.MethodsThis systematic review is coherent with the PRISMA statement. The scientific research on the major online databases was based on the following keywords: dentist, prevention, ergonomic, dentistry, musculoskeletal, neck pain, posture, ergonomics, work and occupational. The studies included in this review focus on disorders related to ergonomics and on the most effective preventive measures to be adopted. No restrictions were applied for language or publication type. We excluded reports not related to ergonomic prevention in dentistry, reports of minor academic significance, editorial articles, individual contributions, and studies published in scientific conferences.ResultsOnline research indicated 4188 references: PubMed (2919), Scopus (1257) e Cochrane Library (12). We excluded 3012 of these, because they were unrelated to ergonomics theme and 187 due to duplication. From the remaining 989 studies, 960 papers did not meet inclusion criteria and they were excluded. Therefore, we analyzed 29 articles, including 16 narrative reviews and 13 original article. The main risk factor for the development of musculoskeletal disorders found in our analysis is static posture adopted during work, highlighted in 87.5% of reviews and 84% of original articles. With regard to preventive measures, 75% of the reviews highlighted the importance of stretching after each working session and at the end of the working day, while 61.5% of the original articles emphasized the use of modern and ergonomic instruments.DiscussionThis review showed that static postures are strongly responsible in the etiology of musculoskeletal disorders. The awkward postures more frequently identified among dental professionals are: extreme forward-head and neck flexion; trunk inclination and rotation towards one side; lifting one or both shoulders; increased curvature of the thoracic vertebral column; incorrect positioning of the lower limbs with thigh-leg angle of less than 90°. It is really important to use of a modern workstation with appropriate ergonomic supports. Among the preventive ergonomic measures, literature has widely recognized the role of physical activity and of a neutral and balanced posture. The present review has some limits: a large part of the selected studies did not have a high methodological quality score and an inadequate statistical analysis.

scholarly journals Oil and gas business specialists’ professional discourse structure and functions study

2018 ◽  
Vol 50 ◽  
pp. 01221
Author(s):  
Liliya Z. Samigullina ◽  
Elina F. Samigullina
Keyword(s):  
Personal Experience ◽  
Oil And Gas ◽  
A Priori ◽  
Professional Communication ◽  
Professional Activity ◽  
Professional Discourse ◽  
Anthropological Theory ◽  
Knowledge Presentation ◽  
Theory Of Language ◽  
Structure And Functions

The article deals with professional discourse which is defined as a speech in the aspect of the event, permeated with extralinguistic, sociocultural, psychological, professional and other factors, as a verbal communication aimed at theoretical and practical business problems solution and requiring special training and experience in a definite sphere of activity. The situation in professional discourse is a kind of professional knowledge presentation depending on the participants’ personal experience. The structure and the main functions of professional discourse are revealed. The fixed and stereotyped character of any professional activity gives a solid ground for professional domains conceptual linguistic modelling, viewed as a base for languages for specific purposes ideographic description. The linguistic modelling can be carried out within the framework of cognitive spheres I. “Nature”. II. “Man”. III. “Society”. IV. “Cognition (a priori)”. The developed professional discourse description model could serve both the needs of the anthropological theory of language and the need to improve the practice of professional communication in different fields.

scholarly journals THEORIES OF VAGUENESS AND THEORIES OF LAW

Legal Theory ◽  
2019 ◽  
Vol 25 (2) ◽  
pp. 132-152
Author(s):  
Alex Silk
Keyword(s):  
Rule Of Law ◽  
Legal Theory ◽  
Theory And Practice ◽  
Legal Interpretation ◽  
Philosophy Of Law ◽  
Conventional Meaning ◽  
The Rule Of Law ◽  
Judicial Practice ◽  
Content Determination ◽  
The Law

ABSTRACTIt is common to think that what theory of linguistic vagueness is correct has implications for debates in philosophy of law. I disagree. I argue that the implications of particular theories of vagueness on substantive issues of legal theory and practice are less far-reaching than often thought. I focus on four putative implications discussed in the literature concerning (i) the value of vagueness in the law, (ii) the possibility and value of legal indeterminacy, (iii) the possibility of the rule of law, and (iv) strong discretion. I conclude with some methodological remarks. Delineating questions about conventional meaning, legal content determination, and norms of legal interpretation and judicial practice can motivate clearer answers and a more refined understanding of the space of overall theories of vagueness, interpretation, and law.

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