scholarly journals Foreign experience of application of special systems of restitution for damages to health as a result of work accidents and occupational diseases (on the example of Germany and Great Britain) and prospects of borrowing it by Russia

2020 ◽  
pp. 18-32
Author(s):  
Ol'ga Viktorovna Kolesnichenko
Keyword(s):  
Great Britain ◽  
Occupational Diseases ◽  
Legal Doctrine ◽  
Foreign Experience ◽  
Compensation Payment ◽  
Lump Sum ◽  
Legal Nature ◽  
Key Issues ◽  
Work Accidents

The subject of this research is the legislation and practice of its implementation, as well as the legal doctrine of Russia, Germany and Great Britain on the existing special systems of compensation for damage inflicted to health as a result of work accidents and occupational diseases. The author examines the special systems of restitution for occupational damage that represent starkly different versions of implementation of basic models developed in global practice (Bismarck and Beveridge). Attention is focused on the key issues of compensation for occupational damage using the legal means available in the Russian Federation. Analysis is conducted on the existing foreign experience on the matter. The author’s special contribution to the research of the topic consists in the statement that for establishing balance within the system of restitution for occupational damage it is necessary to clearly demarcate the three types of compensations: guaranteed social security paid from the budget funds in terms of obligations assumed by government  to support vulnerable population groups; obligations in tort recovered from the tortfeasor, considering the grounds and limits of civil liability; insurance payments, which represent partial coverage of inflicted damage based on the terms of insurance contract. The scientific novelty lies in determination of the prospects for improving the national special system of restitution for occupational damage. It is substantiated that in such system the distribution of losses between different types of compensations should be based on the criteria of preferred form of compensation (payment in kind or financial compensation); legal nature of separate elements of reparation (incapacitation, occupational disease, etc.); type of payments (recurring or lump sum), purpose of compensation; calculation of payments.

scholarly journals Administrative regulations as a type of public administration acts

2021 ◽  
Vol 25 (4) ◽  
pp. 768-790
Author(s):  
Yuriy G. Arzamasov ◽  
Varvara A. Nazaykinskaya
Keyword(s):  
Public Administration ◽  
Legal System ◽  
Empirical Data ◽  
Legal Doctrine ◽  
Foreign Experience ◽  
Legal Structure ◽  
Legal Method ◽  
Legal Nature ◽  
New Type

The article examines a relatively new type of public administration acts for the Russian legal system - administrative regulations. Despite the widespread use of this type of act, its legal nature, features of the legal structure, and classification remain insufficiently studied, which determines the relevance of this study. The purpose of the study is to identify the specific characteristics of administrative regulations, allowing to classify them as a special tool for realisation of various public administration forms. Achieving this goal suggests analysis of regulatory legal acts, both Russian and foreign, as well as certain approaches to legal doctrine to determine the essence of administrative regulations, various public administration forms, and acts of public administration. Based on the analysis of theoretical and empirical data, the authors offer their definitions of acts of public administration, administrative regulations, and tools for realisation of public administration forms. In the process of research, the authors used a formal legal method that allows characterising the legal nature of administrative regulations, their role, and place in the system of acts of public administration, a comparative legal method to identify the general and the special when comparing domestic and foreign experience and general logical methods (analysis, synthesis, analogy).

scholarly journals LEGAL NATURE OF THE AGREEMENT TO PROVIDE TOURIST SERVICES: FEATURES AND SPECIFICITY OF THE CONTRACT STRUCTURE IN THE SPHERE OF TOURISM

2020 ◽  
Vol 5 (3(72)) ◽  
pp. 66-70
Author(s):  
T.S. Ragimov
Keyword(s):  
Regulatory Framework ◽  
Legal Doctrine ◽  
Legal Structure ◽  
Legal Literature ◽  
Legal Nature ◽  
Provision Of Services ◽  
Contract Structure

The analysis of the development of the legal structure of the agreement on the provision of tourist services carried out in this article allowed us to conclude that it is necessary to eliminate conflicts in the current legislation regarding certain definitions. Instead of improving the regulatory framework in the field of tourism, the legislator gives rise to scientific discussions in the domestic legal doctrine. In this regard, in the scientific and legal literature, conditions are formed for the incorrect determination of the legal nature of the agreement on the sale of a tourist product, not as a contract for the provision of services, but as a contract of sale, a mixed contract

scholarly journals Determination of social and economic accessibility of drugs for treatment of Parkinson’s disease on the basis of modern approaches

Pharmacia ◽  
2020 ◽  
Vol 67 (3) ◽  
pp. 173-179
Author(s):  
Alla Kotvitska ◽  
Oleksii Prokopenko
Keyword(s):  
Great Britain ◽  
Control Systems ◽  
Vulnerable Groups ◽  
Retirement Age ◽  
Clinical Protocols ◽  
Government Control ◽  
The Social ◽  
Key Issues ◽  
Socially Vulnerable Groups

In the context of the economic crisis, the availability of medicines for the population is one of the key issues facing pharmaceutical sector of healthcare system. Due to the fact of that, the purpose of the work was to study the social and economic accessibility of medicines, since such studies in the future may provide an opportunity for effective input of medicines costs reimbursement system, which will increase their availability, especially for socially vulnerable groups of population. The data analysis of the clinical protocols of Great Britain, Kazakhstan and Ukraine was conducted, and the indicators of social and economic availability within 2014–2018 were calculated. The obtained results indicate an adequate level of availability of medicines for the able-bodied population and, unfortunately, a low level of accessibility of medicines for people of retirement age with a tendency to further descension. These results point the necessity of the further research and development of government control systems and provision of pharmaceutical care for the population.

Cláusulas de franquicia o deducible en seguros de responsabilidad civil en el Derecho español: Naturaleza y efectos respecto de terceros perjudicados

2018 ◽  
pp. 101
Author(s):  
Rafael Lara González
Keyword(s):  
Civil Liability ◽  
Third Parties ◽  
Insurance Contract ◽  
Third Party ◽  
Liability Insurance ◽  
Legal Doctrine ◽  
Insurance Contracts ◽  
Spanish Law ◽  
Palabras Clave ◽  
Legal Nature

ResumenPese a su ubicuidad en la práctica contractual, las cláusulas de franquicia han recibido tratamiento incidental en la doctrina. La discusión sobre ellas se ha enfocado en los contratos de seguros de responsabilidad civil, y en la interpretación del artículo 76 de la Ley española de Contrato de Seguro. En este contexto se ha tratado de establecer si el asegurador puede o no oponer la cláusula de franquicia al tercero perjudicado. El presente trabajo analiza la cláusula de franquicia en la obligación principal del asegurador, su naturaleza jurídica, y examina su relación con los terceros perjudicados. La consideración principal a este respecto estará en si nos encontramos ante un seguro obligatorio o ante un seguro voluntario de responsabilidad civil. Palabras clave: Contrato de seguro; Cláusula de franquicia; Terceroperjudicado; Responsabilidad civil.AbstractDespite their ubiquity in contractual praxis, deductible clauses have received only incidental treatment in legal doctrine. Discussion on them has focused on civil liability insurance contracts, and the interpretation of article 76 of the Spanish Law of Insurance Contracts. In this context it has been attempted to establish whether the insurer can invoke the clause to oppose the injured third party's claim. This article examines the deductible clause included in the insurer's main obligation, its legal nature, and its relation to injured third parties. The main consideration in this regard will be whether the insurance contract is of a mandatory or voluntary nature.Keywords: Insurance contract; Deductible clause; Injured third party; Civil liability.

Ethical boundaries of the legal regulation of conditions of carrying out genetic screening in prenatal diagnosis in Russia and abroad

2020 ◽  
Author(s):  
M.V. Medvedev , G.N. Suvorov , S.S. Zenin et all
Keyword(s):  
Prenatal Diagnosis ◽  
Great Britain ◽  
Legal System ◽  
Genetic Screening ◽  
Legal Status ◽  
Legal Regulation ◽  
Ethical Problems ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific

Objectives. The purpose of this study is to study the essence of ethical problems that arise in the field of genetic screening for prenatal diagnosis (PND) and determine possible ways to overcome them by legal means, taking into account the existing foreign experience. Materials and methods. Normative legal acts and doctrinal sources of Great Britain, Germany, Ireland, France and Switzerland are studied. Methods used: General philosophical, General scientific, private scientific, special (structural-legal, comparative-legal, formal-legal). Results. Ways to resolve ethical problems that arise or may arise in the future as a result of genetic screening for PND, which can be applied within the Russian legal system, are proposed. Conclusions. It is stated that most of the identified ethical problems are related to the lack of normative consolidation of the legal status of the fetus. It is presumed that the beginning of ethics should serve as the guide for legislation in this area. At the same time, it is emphasized that the legal regulation of genetic screening in PND should be flexible enough to optimally ensure the interests of all participants in these relationships. In addition, in this direction, it seems appropriate to refer to the experience of a number of foreign countries, whose legislation provides for fairly strict requirements in the field of PND.

scholarly journals Integrating a Local Asset/Resource into Tourism and Leisure Offering: The Case of Tea Resources in Longwu Town, Zhejiang Province, China

2021 ◽  
Vol 13 (4) ◽  
pp. 1920
Author(s):  
Ziyi Yan ◽  
Marios Sotiriadis ◽  
Shiwei Shen
Keyword(s):  
Success Factors ◽  
Leisure Activities ◽  
Sustainable Tourism Development ◽  
Critical Success ◽  
Sustainable Operation ◽  
Marketing Planning ◽  
Key Issues ◽  
Sustainable Action ◽  
Effective Pairing

The purpose of this article is to report on a research project in the field of tea tourism. The project’s aim was to identify the prerequisites and critical success factors for and to suggest the adequate strategies to achieve an effective pairing/partnership between the tea industry and tourism/leisure activities. Drawing on the blended theoretical foundations of sustainable tourism development, community-based tourism, and strategic marketing planning, this study first analyzed the tea offering as a tourism asset. It then suggested the appropriate pairing between tea offering and tourism/leisure activities. The suggested framework for managing the partnership was empirically tested and validated within the Chinese context. Findings allowed one to form a comprehensive and integrated set of key issues and elements to take into account. Clear and specific development aims along with the necessary conditions are leading to the determination of suitable strategies and adequate actions. The study also indicates the key elements for the successful integration, effective pairing, and sustainable operation of tea tourism offering. The study is completed by summarizing management implications and guidelines for involved stakeholders to attain expected outcomes from sustainable action plans.

Assessment of a Semiquantitative Liquid Chromatography- Fluorescence Detection Method for the Determination of Paralytic Shellfish Poisoning Toxin Levels in Bivalve Molluscs from Great Britain

2014 ◽  
Vol 97 (2) ◽  
pp. 492-497 ◽  
Author(s):  
Andrew D Turner ◽  
Monika Dhanji-Rapkova ◽  
Clothilde Baker ◽  
Myriam Algoet
Keyword(s):  
Great Britain ◽  
Fluorescence Detection ◽  
Detection Method ◽  
Reference Method ◽  
Paralytic Shellfish Poisoning ◽  
Official Method ◽  
Shellfish Poisoning ◽  
Bivalve Molluscs ◽  
Paralytic Shellfish

Abstract AOAC Official Method 2005.06 precolumn oxidation LC-fluorescence detection method has been used for many years for the detection and quantitation of paralytic shellfish poisoning (PSP) toxins in bivalve molluscs. After extensive single- and multiple-laboratory validation, the method has been slowly gaining acceptance worldwide as a useful and practical tool for official control testing. In Great Britain, the method has become routine since 2008, with no requirement since then for reverting back to the bioassay reference method. Although the method has been refined to be semiautomated, faster, and more reproducible, the quantitation step can be complex and time-consuming. An alternative approach was developed to utilize the qualitative screening results for generatinga semiquantitative results assessment. Data obtained over 5 years enabled the comparison of semiquantitative and fully quantitative PSP results in over 15 000 shellfish samples comprising eight different species showed that the semiquantitative approach resulted in over-estimated paralytic shellfish toxin levels by an average factor close to two in comparison with the fully quantified levels. No temporal trends were observed in the data or relating to species type, with the exception of surf clams. The comparison suggested a semiquantitative threshold of 800 μg saxitoxin (STX) eq/kg should provide a safe limitfor the determination of samples to be forwarded to full quantitation. However, the decision was taken to halve this limit to include an additional safety factor of 2, resulting in the use of a semiquantitative threshold of 400 μg STX eq/kg. Implementation of the semiquantitative method into routine testing would result in a significant reduction in the numbers of samples requiring quantitation and have a positive impact on the overall turnaround of reported PSP results. The refined method would be appropriate for any monitoring laboratory faced with high throughput requirements.

IMPROVEMENT OF THE CAMERAL CHECKS PROCESS IN RUSSIA BASED ON FOREIGN EXPERIENCE

2020 ◽  
Author(s):  
Darya Sergeevna Kareva ◽  
◽  
Sevinj Mahmud kyzy Ismailova ◽  
Elena Evgenievna Dozhdva ◽  
◽  
...  
Keyword(s):  
United States ◽  
The United States ◽  
Foreign Experience ◽  
Correct Determination

The article substantiates the need to reform cameral tax control in Russia based on the experience of the United States. The necessity of introducing into the procedure of cameral control the mechanism of requesting all documents confirming the correct determination of tax obligations is determined. The aim of improving the process of desk audits of control is that the new procedure for conducting audits will reduce the likelihood of tax violations.

Audientia sacerdotalis?—Remarks on the Legal Nature of Dispute Resolution by Ecclesiastics in Late Antiquity

2021 ◽  
Vol 25 (1) ◽  
pp. 108-149
Author(s):  
Marzena Wojtczak
Keyword(s):  
Dispute Resolution ◽  
Late Antiquity ◽  
Simultaneous Increase ◽  
Legal Practice ◽  
Legal Doctrine ◽  
The Past ◽  
Lower Rank ◽  
Literary Sources ◽  
Legal Nature ◽  
The Subject

Abstract The problem of audientia episcopalis in late antiquity has been the subject of extensive research in the past. Previous studies have usually focussed on the legal doctrine, as well as the picture of bishop courts in the light of the literary sources. In contrast, the question of how audientia episcopalis functioned in the legal practice as shown by papyri has caused scholars much difficulty, due to the limited material available as well as the obscure nature of the institution. One could therefore ask: how is it possible that such allegedly common practice of dispute resolution by the bishops—as literary sources make us believe—is so elusive in the papyri? How to explain the simultaneous increase for that period of the papyrological attestations regarding arbitration/mediation carried out by the clergy of lower rank? Could we be dealing with some sort of audientia sacerdotalis functioning in the legal practice? How widespread was in fact the audientia episcopalis, and was this institution homogeneous or rather heterogeneous in nature? The paper presents the attempt to answer these questions by confronting the imperial law with the evidence of legal practice.

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