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Šostak, Olga Regina, and Vladislavas Kutut. "Investigation into Expansion of Illegal Construction in the National Park of Curonian Spit." Business: Theory and Practice 10, no. (3) (2009): 223–32. https://doi.org/10.3846/1648-0627.2009.10.223-232.
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The World Heritage List includes the Curonian Spit as a valuable cultural landscape – a unique harmony between the nature and human activities, a harmony that emerged through centuries. The Curonian Spit retains its cultural landscape, which is still evolving and keeps an active social part in the modern society through its traditions. it was ecological wisdom, enormous physical efforts and financial input of people that enabled, in the 19th century, creation of a cultural landscape which later was managed and maintained with care. The problem of preservation and continuation of landscaping traditions, of their transfer to future generations, gained the momentum recently, after the notorious boom of unsanctioned building work in the National Park of the Curonian Spit and other territories marked as cultural landscape. in order to protect the public interest in the National Park of the Curonian Spit, Klaipėda County and the Prosecutor's office of Klaipėda brought over 30 civil lawsuits and claims on alleged infringements related to expanding constructions in the National Park of the Curonian Spit. The current situation in the area of unauthorised building is not satisfactory. Unauthorised building is quite frequent in Lithuania. Builders commence building work which violates laws for various reasons: the complex procedures related to issuing of building permits, assumptions leading to hopes that it will be possible to legalise their unauthorised buildings and/or constructions, as well as the national mentality—attempts to "drive through" laws instead of following them, etc. As illustrated by practical examples, the process of unauthorised building does not pose difficulties (control of this process is underdeveloped and includes numerous "compromises"). Generally, persons involved in unauthorised building work encounter real problems only during the last stage, which is related to execution of their rights to the built object. The legislation which currently regulates procedures related to detection, stopping and relief of the effects of unauthorised building foresees demolition of any unauthorised building and construction; but builders search for possibilities to legalise such buildings and constructions nevertheless. This article analyses the concept of illegal building work and the liabilities for illegal building.
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Stotko, Sybilla. "Legalizacja samowoli budowlanych w polskim systemie prawnym." Zarządzanie Publiczne, no. 3 (51) (2020): 103–15. http://dx.doi.org/10.4467/20843968zp.20.008.13396.
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Niniejszy artykuł przedstawia regulację prawną dotyczącą instytucji legalizacji samowoli budowlanej w Polsce w ujęciu historycznym oraz jej ewaluację. Zaprezentowano złożoność zagadnienia oraz trudność właściwego uregulowania prawnego tej materii. Od 19 września 2020 roku w Polsce obowiązują znowelizowane przepisy w zakresie procedury legalizacji samowoli budowlanych. Po zmianie prawa to w dalszym ciągu do organów nadzoru budowlanego należy ostateczna decyzja co do możliwości legalizacji samowolnej budowy. Jednakże odmiennie niż w poprzednim stanie prawnym wszczęcie procedury legalizacyjnej jest możliwe jedynie na wniosek inwestora. Ponadto ustawodawca wprowadził możliwość legalizacji samowoli budowlanych zrealizowanych ponad 20 lat temu w uproszczonym postępowaniu legalizacyjnym. W końcowej części opracowania przedstawiono wszystkie procedury legalizacji samowoli obowiązujące od 19 września 2020 roku oraz zawarto ogólne wnioski w zakresie opisywanej instytucji. Legalisation of unlawful building work in the Polish legal system This paper presents a legal regulation regarding the institution of unlawful building work legalisation in Poland combining its historical review and evaluation. The paper shows the complexity of the problem and the difficulty of providing a legal regulation of the matter. The updated regulations on the procedure of unlawful building work legalisation came into force in Poland on 19 September 2020. After changing the legal regulations, the final decision on the legalisation of unlawful building work still remains in the hands of construction supervision authorities. However, in contrast to the previous legal status, a legalisation procedure can be initiated only upon developer’s request. In addition, the lawmaker has introduced an option to legalise unlawful building work completed over 20 years ago in a simplified legalisation procedure. The final part of the paper presents all procedures for unlawful building work legalisation effective from 19 September 2020 as well as general conclusions regarding the institution under scrutiny.
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Chimrov, D. "Issues to Legal Regulation of Apartment Buildings Operation." Bulletin of Science and Practice 5, no. 8 (2019): 144–48. https://doi.org/10.33619/2414-2948/45/18.
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The article reveals the existing problems of the management of apartment buildings. In connection with the development of the real estate market and the possibility of choosing the form of management by the owners of residential buildings — this issue is important. The article shows all the advantages and disadvantages of the main ways to manage an apartment building. This article discusses some problems of legal regulation of the management of apartment buildings. The first problem is the dissatisfaction of the decisions taken between the current President of the homeowner’s association and homeowners. The second problem — the lack of regulation of the law management of apartment building housing cooperatives. To solve the above problems, the author suggests: residents to closely communicate with management companies; management companies should actively work with the house council for subscribers who have debts; monitor residents without registration, etc. the author concludes that one of the solutions to the above problems will be the management of apartment buildings — management organization. This will reduce the negative on the part of residents, solve problems, as well as acquire — control by the administration and housing inspection, which will allow feeling the support ‘from above’. Apartment buildings operation — management organization has proven effective in the housing sector. There is positive feedback from homeowners, reducing the amount of debt, constant control over the apartment building.
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Lapshin, K. V. "Jurisprudence: remote work." Voprosy trudovogo prava (Labor law issues), no. 10 (October 27, 2023): 613–21. http://dx.doi.org/10.33920/pol-2-2310-05.
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In this article, in a comparative aspect, some issues related to the peculiarities of the legal regulation of labor relations of remote workers in the Russian Federation and in the Republic of Belarus are considered. Using international documents, the concept of remote workers and their difference from homeworkers is analyzed. The historical aspect of the legal regulation of the work of such persons, referred to in the past as tenants, is pointed out. The modern legal status of remote workers in Russia and Belarus is revealed, changes in the legislation of both states aimed at improving the legal regulation of labor relations of remote workers are shown.
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Wibowo, Tulus Yudi Widodo, and Syofyan Hadi. "LEGAL RESPONSIBILITY OF GOODS/SERVICES PROVIDER FOR BUILDING FAILURE." POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) 2, no. 3 (2023): 288–98. http://dx.doi.org/10.55047/polri.v2i3.727.
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Construction failure can be caused by a failure in the process of procuring goods or services, or it may occur during the construction process itself. Construction work failure refers to a condition where the results of construction work do not comply with the agreed work specifications in the construction work contract, either partially or entirely, due to the fault of the service user or service provider. The purpose of this study is to analyze the responsibility of goods/services providers in the event of a building failure and to examine the form of their responsibility in such cases. This study adopts a descriptive normative approach to answer questions regarding the responsibilities of goods/services providers in cases of building failures, as outlined in Legislation Number 18 of 1999 concerning Construction Services, which was renewed as Number 2 of 2017 Construction Services, Government Regulation Number 29 of 2000 concerning construction service providers, and regulations pertaining to the responsibilities of goods/services providers in the event of building failures, which include meeting the Standards for Security, Safety, Health, and Sustainability, undergoing inspection by a team of experts appointed directly by the Minister, and complying within a maximum period of 10 (ten) years from the final delivery of Construction Services. The responsibility of goods/services providers for building failures is based on the principle of Liability based on Fault and is administered through written warnings, administrative fines, temporary suspension of construction service activities, inclusion in the black list, and even suspension or revocation of permits.
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Gobel, Rahmat Teguh Santoso, Mohamad Hidayat Muhtar, and Viorizza Suciani Putri. "Regulation And Institutional Arrangement Of Village-Owned Enterprises After The Work Creation Era Applied." Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo 16, no. 1 (2023): 15–33. http://dx.doi.org/10.21107/pamator.v16i1.19135.
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The management of BUMDesa is not yet optimal because many BUMDesa administrators still need to understand BUMDesa regulations and institutions. Seeing these problems, there needs to be capacity building preceded by legal reasons as a guideline for regulating BUMDesa management signs. Increasing the capacity of Village-Owned Enterprises (BUMDesa) as an organ driving the village economy can be carried out through the Job Creation Era, which has become a momentum for structuring BUMDesa regulations and institutions. The era of work creation referred to is the birth of Law Number 11 of 2020 concerning Job Creation which is now declared invalid with the presence of Government Regulation (Perpu) Number 2 of 2022 concerning Job Creation. This study uses normative legal research methods(normative legal research). The author uses this legal research because the focus is on studying literature and laws and regulations related to the object of research. The results of the research show that the Job Creation Perpu needs to be pushed into law so that it can become a legal umbrella for the establishment and management of BUMDesa institutions because, in fact, the spirit that is carried out in the Job Creation Era, namely improving the investment ecosystem and business activities, one of them through the institutional arrangement of BUM Desa.
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Vasiliev, Anton A., and Yulia V. Pechatnova. "The Position of the Artificial Intelligence Among the Elements of the Legal Relationship." Digital Law Journal 1, no. 4 (2020): 74–83. http://dx.doi.org/10.38044/2686-9136-2020-1-4-74-83.
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The development of artificial intelligence necessitates the legal regulation of social relations associated with the use of new technologies. Today, fragmented regulatory regulation is noted in Russian law, expressed, as the rule, in strategic documents in which artificial intelligence technologies are reflected as cross-cutting technologies that contribute to the development of the digital economy. The purpose of this work is to determine the place of artificial intelligence among the elements of legal relations, which is seen as necessary for building the model of legal regulation of artificial intelligence. The research methodology is based on the set of methods of scientific knowledge, including abstract logical, formal legal and the method of correlation analysis. The article analyzes approaches to determining the place of artificial intelligence in the structure of legal relations. The scientific discussion is that some authors attribute artificial intelligence to the variety of objects of legal regulation; other authors admit that it is possible to consider artificial intelligence as the specific subject of law. As the result of research, the authors come to the conclusion that today artificial intelligence should be classified as the type of objects of legal regulation. In conclusion, the work also evaluates the possibilities and measures of the participation of artificial intelligence in legal activities. The authors come to the conclusion that today the cognitive potential of artificial intelligence has not yet reached the level of development that allowed it to repeat the thought processes of the lawyer in resolving the legal dispute. At the same time, artificial intelligence has tremendous potential to become the irreplaceable technological “assistant” for the lawyer, contributing to the improvement of the quality and efficiency of legal services.
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Sensu, La Sensu, Oheo K. Haris, and Muhammad Nazar. "The Principle of Regulation of Mining Business License." Yuridika 36, no. 1 (2021): 121. http://dx.doi.org/10.20473/ydk.v36i1.23124.
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The purpose of this study is to see and analyze the substance of a mining business permit regulation for the government to communities around mining and to find out and analyze the basic principles of a government policy to give birth to the welfare of communities around mining. This research used socio-legal research, which is a type of research whose orientation is focused on legal and non-legal aspects, namely the work of law in society and government. This revealed is that (1) the nature of Mining Business Permit Arrangements in regional autonomy has created euphoria among local governments, one of which is the assumption that mining belongs to the region and the local community; (2). Whereas the basic principle of the birth of a policy that does not pay attention to the welfare and interests of the local community will result in environmental damage, disharmony between residents, and the absence of commitment to building from mining entrepreneurs from the community around the mine.
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Manko, Denys, Antonina Zghama, Natalia Atamanova, Natalia Arabadzhy, and Dmytro Ustinov. "Legal regulation of the digital environment: digitization of the state-legal and law enforcement sphere." Revista Amazonia Investiga 12, no. 70 (2023): 125–33. http://dx.doi.org/10.34069/ai/2023.70.10.11.
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The rapid development of society and the impact of information technology have significantly changed the legal field and contributed to the creation of a legal framework for the digital environment. Successful development of digital relations in Ukraine requires effective legislative regulation. The favorable appearance of this process is determined by effective strategic planning, active participation of the government and an appropriate legal framework. From this point of view, it is considered important to consider issues of legal regulation of the digital environment in the context of the activities of state and law enforcement agencies. The purpose of the work is to research the regulatory and legal provision of the digital environment with an emphasis on the regulation of digitalization of state legal and law enforcement activities. Research methodology includes such methods as: historical, systematization, analysis and synthesis, structural-functional and comparative analysis. The result of the scientific analysis of scientific research and regulatory and legal regulation of the relevant relations was the study of the legal plane of digital transformations in Ukraine. Internal legislative norms were studied, relevant laws aimed at digitization were analyzed, their purpose was determined; the existing legislative basis for building a digital society and economy in Ukraine is highlighted. The analysis of strategic documents on digitalization in the spheres of public administration and law enforcement was carried out. The internal concepts of the development of e-government have been studied. The experience of foreign countries in the regulation of the digital environment and electronic management was studied, progressive means of regulation of the studied issues abroad were determined.
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Janizar, Syapril, and An An Anisarida. "The Study of Legal Aspects of Construction In Civil Building." Greenation International Journal of Law and Social Sciences 1, no. 2 (2023): 56–61. https://doi.org/10.38035/gijlss.v1i2.95.
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Development is very beneficial for human life, but it does not escape losses both material losses and casualties if it is not built properly. One of them is the collapse of the Kutai Kartanegara Bridge which caused people to die and be injured. Building failure is one of the consequences that can endanger public safety and state losses. The failure of this building is explicitly regulated in Law Number 2 of 2017 concerning Construction Services starting from Article 60 to Article 67. In addition, building failure is regulated in Government Regulation Number 29 of 2000 concerning the Implementation of Construction Services, namely in Chapter V Articles 34 to Article 48. Criminal liability under the Construction Services Law can only be imposed on individuals who directly carry out construction work and not on construction service providers in the form of corporations because to fund the corporation requires clarity to whom sanctions will be imposed. Based on the results of the analysis that based on the theory of criminal liability, with the shift of legal subjects from fysieke dader to functionale dader, corporations can be held accountable. This is also supported by theories and doctrines about corporate responsibility. With the birth of Supreme Court Regulation Number 13 of 2016 concerning Procedures for Handling Criminal Cases by Corporations, where this is intended as an effort to provide legal certainty and encourage the effectiveness and optimization of procedural law in handling criminal cases with corporate actors and / or corporate administrators.
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ТРОЯН, Наталья Анатольевна. "BUILDING THE LEGAL INFORMATION SYSTEM BASED ON A UNIFIED INFORMATION INFRASTRUCTURE." Rule-of-law state: theory and practice 18, no. 3(69) (2022): 150–58. http://dx.doi.org/10.33184/pravgos-2022.3.21.
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The article is devoted to the topical issues of the development of the legal information system based on modern convergent technologies and digital platform solutions in the information society. Purpose: to scientifically substantiate the concept of the formation of the infrastructure of the national legal information system. Research method: the work is based on a system analysis that allows studying comprehensively the problem of the development of the legal information system in the context of legal regulation in the digital environment. Results: it is concluded that, in the context of digitalization, legal information is a key strategic resource; the link between digitalization and the emergence of a new type of social relations and with the intensification of the development of digital platforms used both in public administration and in other areas is revealed. Under conditions of turbulence in the world, the author justifies the significance of the national legal information system, which has an official, comprehensive, integrated, multi-level, open character, and is based on the principles of territorial distribution and reliability of information, on new platform solutions using digital and other technologies aimed at information and legal support of national interests.
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Berke, Gyula, and Zoltán Bankó. "Whistleblowing Regulation in Hungary: Old and New Dilemmas." International Journal of Comparative Labour Law and Industrial Relations 41, Issue 1 (2025): 41–56. https://doi.org/10.54648/ijcl2025004.
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p class="MsoNormal"Hungary was one of the last Member States of the EU to complete its legislative harmonization, with the Act on Complaints, Public Interest Reports and the Rules for Reporting Abuses promulgated on 25 May 2023. This study analyses the provisions of this law, which builds on similar legislation enacted in 2013. This reform is best illustrated by analogy with the renovation and extension of a building, whereby the existing non-functional building is upgraded, but behind the new cladding the existing walls continue to suffer from defects and shortcomings. It is evident that renovation carries more risks than the construction of a new building, as it is not possible to be sure how the old and the new will work together, and the solutions adopted must stand the test of time. Accordingly, this article describes how the legal instruments required by the Directive have been incorporated into the Hungarian legal system and how they interact with the existing provisions, while analysing the dilemmas posed by the new rules in comparison with previous practice. The study examines the instruments available in Hungarian labour law to protect whistleblowers, including protection against unlawful dismissal and protection of fundamental rights. This will allow a comparison between the provisions of the law on harmonization and the possibilities of the labour courts to apply the law, as well as the experience gained so far and the directions of development of Hungarian case law.o:p/o:p
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Mykhailo, Sadoviak. "REGULATION OF DEVELOPMENT OF INVESTMENT AND BUILDING ACTIVITIES IN UKRAINE: ORGANIZATIONAL AND LEGAL ASPECTS." Economic Analysis, no. 29(1) (2019): 92–100. http://dx.doi.org/10.35774/econa2019.01.092.
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Introduction. It is ascertained that the construction sector has a social orientation. It is an investment- capacious sector of the national economy. It is noted that the general trend of recent years is to reduce the volume of construction work performed, reduce construction activity, worsen the financial condition of construction companies and reduce their number. It is substantiated that the main factor that determines such a state of affairs in housing construction and defines the negative growth rates of housing volumes is the slowdown in investment activity. Therefore, the investment process is one of the most important directions of development of state regulation and management. Purpose. Organizational and legal methods of state regulation have a direct impact on the subjects of investment activity. Therefore, the purpose of the article is to consider organizational and legal methods of state regulation of investment processes in the context of the transformational development of the residential sector. Method (methodology). To achieve the goal of the article the following research methods have been used: method of generalization, method of comparison, historical method. Results. It is noted that the development of the regulatory framework in Ukraine is carried out taking into account the experience and requirements of the European Union. However, achievements in this area are insignificant and require further improvement to improve the investment climate in the country. An important step in increasing the investment attractiveness of the construction industry is the harmonization of the system of technical regulation of Ukraine with international standards. It is concluded that separately applied administrative regulators cannot always effectively influence the maintenance of the orderliness of the components of the innovation and investment process in the field of housing construction. Objectively, such state regulation is needed, in which a complex of motivation regulators will be applied. Joint actions of state regulators and market self-regulators will contribute to achieving the optimal structure and infrastructure of investment and construction activities of business entities.
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Stepanova, Elena. "Legislative regulation of the status of the northwest territory of the North America within the Russian Empire." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2022, no. 1 (2022): 36–40. http://dx.doi.org/10.35750/2071-8284-2022-1-36-40.
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The studies of colonization belong to the topical issues of modern historical and legal science, since they allow to reveal the features of the state-legal formation of the Russian Empire. Empire-building in Russia had distinguishing characteristics predetermined by the legal policy of the state toward conquering and discovering new lands. The colonization of the North America is a problem of scientific interest, and there are many approaches to assessing the legal status of this territory as part of imperial Russia. The research materials were legal acts contained in the Complete Collection of laws of the Russian Empire; scientific works of researchers studying Russian colonies in North America. The theoretical basis of the article is the work of jurists of the XIX - beginning of the XX century, the research of Soviet and modern jurists exploring the empire building in Russia. The methodological basis of the article was a set of general and special methods of inquiry, which predetermined a comprehensive and complete study of the object and matter of research. Formal legal, systematic, and historical legal research methods were used in the preparation of the article. The results of the study allow us to characterize the specifics of legal control of the northwest territory of North America as part of the Russian Empire. The author concludes that the experience of the state and legal development of North America as part of the Russian Empire contributes to the disclosure of the historically established features of the state structure and the activities of state authorities; explains the peculiarities of the foreign policy of the Russian Empire carried out during the seizure of the northwestern territory of North America.
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Chubais, A. "Innovation Economy in Russia: What to Do?" Voprosy Ekonomiki, no. 1 (January 20, 2011): 120–26. http://dx.doi.org/10.32609/0042-8736-2011-1-120-126.
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"Rusnano" top-manager's article considers conditions for creating innovation economy in Russia. According to the author, it is necessary to work out a complex strategy, which should define the planning horizon, the model and resources for innovation development. The perfection of legislation in the sphere of organizational-legal forms, intellectual property, and technical regulation is needed in order to meet the goal of building post-industrial economy.
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Shipshova, Ol'ga, and Gulnara Chumarina. "FEATURES OF REGULATION OF THE INTERNET ENVIRONMENT IN THE CONDITIONS OF THE DIGITAL ECONOMY." Russian Journal of Management 9, no. 1 (2021): 141–45. http://dx.doi.org/10.29039/2409-6024-2021-9-1-141-145.
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Building an information society is one of the most important challenges facing humanity. The information and communication infrastructure is the foundation in the information society, and the influence of technology is carried out in almost all spheres of life. The presented work examines the need for legislative regulation of the Internet environment in the context of the digitalization of the economy. The main distinctive features and characteristics of the information society are investigated, the legal conditions and legal norms for working with web sites in the Internet space are determined. The authors analyzed the tools and technologies most used in the Internet environment, identified the main causes and consequences of their use, identified the advantages and disadvantages.
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Shugurov, Mark Vladimirovich. "Industrial and technological cooperation in pharmaceutical sector within the framework of EAEU: development of the model of legal regulation." Международное право и международные организации / International Law and International Organizations, no. 4 (April 2021): 89–125. http://dx.doi.org/10.7256/2454-0633.2021.4.37154.
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The subject of the study is the legal aspects of the development of industrial and technological cooperation of the EAEU member-states in pharmaceutical sector aimed at ensuring import substitution and going global through reinforcement of export potential. The goal of this article lies in elaboration of the conceptual model of legal regulation of industrial and technological cooperation of the EAEU member-states in pharmaceutical sector. The author explores the global challenges faced by the pharmaceutical sector of the EAEU countries, framework regulation of its technological modernization on the national level, questions of formation of the system of strategic and legal grounds of industrial and technological modernization of the sector within EAEU, as well as the mechanisms which legal regulation would contribute to building the technological and industrial capacity. The conclusion is made that the legal model of industrial and technological integration in pharmaceutical sector is represented by the structured system of legal grounds that reflects the structure of the legal structure of EAEU and is similar to the legal models of other vectors of industrial and technological integration. It implies the combination of international treaty framework and provisions contained the legislative acts of the EAEU. The novelty of this work lies in comprehensive analysis of legal issues of theoretical and applied nature that emerge in the process of this vector of integration. The author’s special contribution consists in modeling the legal space of sectoral integration and forecasting the trajectory of its further development.
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Burdina, Elena V. "Court as a Platform: New Approaches to Building a Judicial System." Rossijskoe pravosudie, no. 12 (November 25, 2021): 5–16. http://dx.doi.org/10.37399/issn2072-909x.2021.12.5-16.
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Formulation of the Problem. The concept of the court as a platform marks a new direction in the study of the problems of the organization and functioning of judicial systems. The idea of «court as a platform» needs scientific argumentation, which will allow building the theory of legal regulation of digital platforms in the activities of courts. Purpose of the Work: to identify the theoretical and methodological foundations of the platform model of the organization of the judicial system and its main characteristics, as well as to formulate the prospects for the development of judicial platforms in the digital era. Results, Brief Conclusions. The principle «state as a platform» reveals one of the principles of interaction of the digital state with the population and business and serves as a worldview basis for understanding the essence of the platform model of the judicial system. The article argues that the judicial platform is a form of manifestation of the judiciary in the digital environment. The projects of its legal regulation are analyzed. A new stage in the evolution of the judicial system is associated with the introduction of judicial platforms, since the basic judicial institutions are being transformed. An overview of the prospects for the development of the platform model of the organization of the judicial system is given.
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Tomia, Niati, Renny Heronia Nendissa, and Yohanes Pattinasarany. "Kelayakan Konstruksi Bangunan Trotoar di Kota Ambon." TATOHI: Jurnal Ilmu Hukum 3, no. 11 (2024): 1137. http://dx.doi.org/10.47268/tatohi.v3i11.2105.
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Introduction: Sidewalks are road support facilities as stipulated in Law no. 22 of 2009 concerning Road Traffic and Transportation. The availability of sidewalks must provide safety and comfort for pedestrians passing through.Purposes of the Research: The purpose of writing this thesis is to find out and analyze (1) Does the sidewalk building in Ambon City meet the construction feasibility requirements in the provisions of laws and regulations.? and (2) What are the legal consequences if the sidewalk building does not meet the construction feasibility standards in the ptovisions of the legislations.? Methods of the Research: The type of research used in this study is normative juridical legal research, namely legal research conducted by examining library materials or secondary materials which consist of primary legal materials and secondary legal materials. These materials are arranged systematically, studied, then a conclusion is drawn in relation to the problem under study.Results of the Research: The results and discussion show that the construction of sidewalks in the city of Ambon does not meet the feasibility standards for the construction of sidewalks as stipulated in the Regulation of the Minister of Public Works Number 03/PRT/M/2014 concerning Guidelines for Planning, Provision and Utilization of Infrastructure and Facilities for Pedestrian Networks and Urban Areas, and Decree of the Director General of Highways No. 74/KPTS/Db/1999, Date, 7 December 1999 Concerning Ratification of One Technical Guideline of the Directorate General of Highways. Of course, this condition has legal consequences as stipulated in Article 44UU No. 28 of 2002 concerning Buildings in which there are administrative sanctions in the form of a) Written warning; b) Restrictions on development activities; c) Temporary or permanent suspension of construction implementation work; d) Temporary or permanent suspension of building use; e) Freezing of building construction permits; f) Revocation of building construction permit; g) Freezing of the certificate of proper function of the building h) revocation of the certificate of proper function of the building; or i) an order for the demolition of a building.
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Atamanenko, Artemiy. "Conflict of interest in the civil service in terms of political law." nauka.me, no. 1 (2021): 1. http://dx.doi.org/10.18254/s241328880015051-0.
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The study of the structures of legal regulation of moral and political relations is an extremely important aspect of building an effective and optimal political system. To work out a constructive vector of political development, it is necessary to deconstruct the logic of the emergence of political legislation. Which conceptual foundations of such regulation can be extracted from the classical theory? It is this question that determines the necessity and urgency of interdisciplinary consideration of this discussion field. The article presents a model of socio-political discourse that legitimizes moral and political arguments in the formation of a legislative basis for regulating conflicts of interest.
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Blažek, Michal, and Michal Smejkal. "PUBLIC INTEREST IN THE ENFORCEABILITY OF LABOUR LAW WITH AN ACCENT ON THE REMUNERATION OF DEPENDENT WORK." Studia Iuridica, no. 98 (September 30, 2023): 33–50. http://dx.doi.org/10.31338/2544-3135.si.2023-98.3.
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The presented article focuses on the protection of employees’ income, one of the many public interests the state pursues. Legislation creates several levels of employee income protection, from which the public interest of the state in this area of regulation can be induced. The article describes the substantive and procedural instruments of employee protection and compares specific forms of regulation in different legal systems. Based on these findings, appropriate de lege ferenda changes to regulation are presented, proposed, and argued. Finally, the article draws attention to the close connection between the world of work, labour regulation, financial (tax) law and economics, and hopes to instigate discussions between experts across the different legal sectors.
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Kirichenko, Evgeniy, Ksenia Kirichenko, and Anna Kirichenko. "List of Issues That Require Legal Regulation as Part of the Renewable Energy Regulation in Component States of Federation." Energies 17, no. 3 (2024): 747. http://dx.doi.org/10.3390/en17030747.
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The transition to renewable energy is strongly affected by legal regulation. To increase the efficiency of the introduction of renewable energy into the energy systems of component states of federations and accelerate the energy transition, it is necessary to carry out systematic work to improve regional legislation in this area. The purpose of this study was to analyze the current regulatory legal acts on the renewable energy of the regions of a number of countries such as the USA, Germany, India, Switzerland and Russia in order to form a universal list of issues that need regulation at the regional level. The main methods for achieving the objectives set in this study were the comparative legal method and the method of analysis and synthesis. As a result, a number of recommendations were developed describing how legal relations primarily need to be regulated by regional legislation, and examples of different approaches to their settlement were presented. The issues in need of legal regulation were divided into three groups according to the degree of importance of their regulation by the legislation of the component state of the federation. Further development of this study will be aimed at identifying the most effective industrial practices for resolving each of the issues included in the compiled list which will help improve the efficiency of regional legal regulation of renewable energy.
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Alenina, Irina. "Legal Regulation of Staffing of Municipal Services Based on An Inter-Sectoral Method." Herald of Omsk University. Series: Law 21, no. 2 (2024): 25–34. http://dx.doi.org/10.24147/1990-5173.2024.21(2).25-34.
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Introduction. The inclusion of local government bodies into a unified system of public authority has become a new challenge for the development of human resources of executive bodies of municipalities. This process coincided with the reform of legislation on education and public service legislation, which is genetically close to the municipal service. Purpose. The purpose of the work is to analyze the current state of legal support for the principle of professionalism and competence of municipal employees, and to identify related points of intersectoral interaction. formulating proposals to improve the quality of regulatory regulation. Methodology. During the study, methods of analysis, synthesis, formal-logical, system-structural, formal-legal, and comparative-legal were used. Result. Building an effective system for providing municipal government bodies with qualified personnel presupposes the presence, along with financial and organizational, of an appropriate legal infrastructure. Regulatory regulation of relations for the training and development of personnel of municipal government bodies is complex in nature and represents a complex multi-level legal formation in the form of an intersectoral legal institution, consisting of norms of municipal, labor, service and educational legislation. The condition for its effective functioning is their synchronous development. The central concept of this legal institution is the “professional level of a municipal employee,” which should be understood as the level of knowledge, abilities, skills and competence, as well as the set of personal qualities necessary to perform the duties of a municipal service position. Municipal employees have the status of workers. It is necessary to limit the competence of the constituent entities of the Russian Federation and local governments in establishing the status of a municipal employee with its redistribution in favor of federal authorities. Conclusion. The conclusions made during the research process can be taken into account in the process of legal regulation and become the basis for further scientific developments.
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Adygezalova, Gyulnaz Eldarovna, Olga Andreevna Kovtun, Natalia Dmitrievna Tereshchenko, Ruslan Mukharbekovich Dzidzoev, and Irina Valerievna Shapiro. "The new laws in the order of formation of the federation council of the federal assembly of the Russian Federation." LAPLAGE EM REVISTA 7, Extra-C (2021): 125–30. http://dx.doi.org/10.24115/s2446-622020217extra-c994p.125-130.
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The purpose of this work is to study the constitutional and legal basis for the formation of the Upper House of the Federal Parliament in connection with the adoption of the Law of the Russian Federation on the Amendment to the Constitution of the Russian Federation of March 14, 2020, No. 1-FKZ "On Improving the Regulation of Certain Aspects of the Organisation and Functioning of Public Authority". Thus, the method of analyzing legal documents allowed concluding the gradual legal consolidation of the order of formation of the Federation Council of the Federal Assembly of the Russian Federation in the conditions of building a legal democratic state. Having studied the theoretical and legal aspects of the formation of the Federation Council, the authors note that the current order reflects the socio-political realities, corresponds to the foundations of the constitutional system, and allows for a more complete reflection of the constitutional foundations of democracy, popular representation, and the principles of parliamentarism.
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Harding, Rosie, and Elizabeth Peel. "Polyphonic Legality: Power of Attorney Through Dialogic Interaction." Social & Legal Studies 28, no. 5 (2018): 675–97. http://dx.doi.org/10.1177/0964663918803409.
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Building on Bakhtin’s work on discourse, this article uses the concept of polyphony to explore capacity law praxis. Drawing on everyday interaction about power of attorney, we demonstrate how legal, lay and medical understandings of capacity operate dialogically, with each voice offering distinct expressions of legality. Analysing lay and medical interactions about Lasting Power of Attorney – the legal authority to make decisions on behalf of a person who loses the mental capacity to make their own decisions – we argue power of attorney holds a ‘polyphonic legality’. We argue that legal concepts (like power of attorney) are constructed not solely through official law but through dialogic interaction in their discursive fields. We suggest ‘polyphonic legality’ offers an innovative approach to understanding how law works in everyday life, which is attentive to the rich texture of legality created by and through the multiple voices and domains of socio-legal regulation.
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Vilhushynskyi, Mykhailo, and Andrii Chornous. "ADMINISTRATIVE AND LEGAL REGULATION OF INFORMATION RELATIONS OF PUBLIC PROCUREMENTS SUBJECTS IN THE ECONOMIC SPHERE." Baltic Journal of Economic Studies 5, no. 4 (2019): 74. http://dx.doi.org/10.30525/2256-0742/2019-5-4-74-81.
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The purpose of the article is to scrutinize administrative and legal regulation of information relations of public procurement subjects in the economic sphere. Within the framework of the conducted research, the authors note that the system of subjects that carry out administrative and legal regulation of information relations in public procurement consists of general and special public administration subjects. The primary objectives of the article are the following: 1) to determine an exclusive list of public administration subjects that provide administrative and legal regulation of information relations in the field of public procurement; 2) to outline major trends of further development of administrative and legal regulation that relates to information relations of public procurement subjects. Methodology. In the course of the article preparation, a set of philosophical and ideological approaches has been used (in particular, the dialectical approach, which is a way of thinking based on the analysis of all available views on disclosure of the content of administrative and legal regulation of information relations of public procurement subjects; analytical approach, which is based on cognitive activity concerning proving or refuting the notion of a public procurement subjects system; hermeneutic that is used to understand the terms related to information relations of public procurement subjects in the economy); general scientific research methods (logical, which is based on “simple to complex” and “abstract to concrete” principles and relates to general characterization of information relations of public procurement subjects in the economic field); special methods (system-structural method when defining organizational structure and legal regulation of public procurement subjects activity, legal comparative analysis when studying foreign countries expertise; formal legal and formal logical approaches). Results. According to the results of the research, the authors have classified all public administration subjects that carry out legal administration of information relations in the field of public procurement into four separate organizational and structural levels. The particular article provides authors’ assumptions concerning further development of administrative and legal regulation of information relations of public procurement subjects in the economy, namely, emphasizes the necessity of strengthening preventive control in forms of general (analytical) monitoring, supervision of individual procurement procedures, and further automation of procurement processes; accentuates the tendency of public procurement sphere professionalization by organizing personnel trainings and educating public officials how to work with advanced information technologies; supports the need to continue implementing measures aimed at improving legislation, professionalizing labour resources in the public procurement field, improving international relations, attracting additional investments to integrate advanced technologies and hire field experts with background in managing national information resources and building e-government. Practical implications. The authors’ survey results may be used in legislative work related to the legal regulation of information relations of public procurement subjects in the economy. The particular article may also be used in further scientific researches concerning information relations of public procurement subjects in the economic field. Moreover, the article might be used in the academic process, in lectures and seminars on information and administrative law. Value/originality. The scientific novelty of the article comprises of synthesis of existing normative and doctrinal approaches to understanding information relations of public procurement subjects in the economy; generalization of information concerning public procurement subjects in the economic field; determination of development prospects of administrative and legal regulation of information relations of public procurement subjects in the economic sphere. The authors have articulated development prospects of administrative and legal regulation of information relations of public procurement subjects in the economy, emphasized the necessity of enhancing preventive control in the form of general (analytical) monitoring, particular procurement procedures supervision, and further automation of the procurement process. Moreover, the article focuses on the professionalization of the public procurement sphere through educating qualified personnel to work with modern information systems and technical devices. The authors also support the necessity of continuing the implementation of measures aimed at the legislation improvement, public procurement sphere professionalization, international relations development and proper executions of functions established by the Law of Ukraine “On Public Procurement”.
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Plusnina, Lidia K. "Legal Regulation of Self-Employment of Citizens in Soviet Russia in Historical Retrospect." Общество: политика, экономика, право, no. 3 (March 19, 2025): 146–54. https://doi.org/10.24158/pep.2025.3.17.
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The article presents a retrospective study of the legal regulation of self-employment of citizens in Soviet socie-ties. Using a systematic approach, a study was conducted of the chronology of the development of self-employment of the population in Soviet Russia in the context of the adoption of regulations governing this activ-ity, and the author’s approach to identifying the stages of its development is presented: the first stage (1917–1929) – the formation of the Soviet state and the emergence of self-employment of citizens (the period of war communism and the new economic policy – NEP); the second stage (in the 1930–1940s) – the development of self-employment of the population in the conditions of building socialism during the Stalinist period; the third stage (1950–1970s) – the development of self-employment of citizens during the period of mature socialism; the fourth stage (1980s until December 8, 1991) – the development of self-employment during the period of the beginning of the reform of Soviet society and the collapse of the USSR. The work presents the main legal acts that were adopted to regulate self-employed citizens at each stage, presents the features of the legal regu-lation of self-employment, and identifies trends and problems. The study made it possible to present the mechanism of legal regulation of self-employed citizens, which was formed in Soviet society. The obtained results of the legal regulation of self-employment in Soviet society can be used to regulate individual labor ac-tivity in modern Russia.
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Krivoruchko, Vladislav Kirillovich. "Activities of local authorities in the years of NEP:peculiarities of organizational and legal regulation." Исторический журнал: научные исследования, no. 2 (February 2025): 376–87. https://doi.org/10.7256/2454-0609.2025.2.74095.
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The study focuses on organizational and legal regulation of local authorities' activities in NEP years. In the 1920s. The RSFSR was undergoing a process of active state-building - the regional boundaries were determined in an experimental way, the principles, methods and mechanisms of work of local authorities were developed, the structure and hierarchy of local institutions were defined, their functions and the degree of centralization of the financial sphere. A comprehensive study based on the concepts of historical institutionalism is promising. (D. North, D. Ajezemol, D. Robinson et al. ). Within this area, we can trace the process of institutionalization of individual management structures, study their interaction and decision-making mechanisms, assess the role of formal and informal institutions in the field. The key conclusions were drawn on the basis of an analysis of Soviet legislation, local case studies and transcripts of meetings of the All-Russian Congress of Councils from the standpoint of historical institutionalism. Thus, the specifics of the Soviet law-making institute, the rush to state-building in the RSFSR in the 1920s. , the dualism of local authorities, the operation of the principle of «double subordination» and the «mechanism for protecting local interests» created conditions for: 1) the rise of conflict potential in the sphere of governance (intercontrol, overlapping of powers and interests of different actors of regional development, emergence of disputed zones of responsibility, mismanagement, sabotage of decisions of higher authorities); 2) construction of semi-formal (provision of mutually beneficial services, imposition of self-taxes, formalization of the «donor-recipient» relationship system) and informal institutions (personal communication systems), designed to compensate for the deficiencies of the system and stabilize it; 3) as well as maintaining the potential for «pendulum oscillation» of the system from decentralization to centralization throughout the NEP.
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I Nengah Suriata. "Kepemilikan Rumah Hunian Oleh Orang Asing Diatas Hak Milik." Visi Sosial Humaniora 5, no. 1 (2024): 10–18. http://dx.doi.org/10.51622/vsh.v5i1.2271.
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The need for residential housing for foreigners who reside is a basic right that should be considered. Foreigners who have competencies in the field of tourism, managers, and other expertise for the Indonesian state are very realistic because the knowledge of foreigners' work skills for progress is mostly owned by foreigners. Indonesia as a country that will lead to progress is in dire need of knowledge and skills in various fields of technology, management and increasing resources both human and natural resources. The research method is carried out with the type of normative legal research method, with the source of primary legal material Government Regulation of the Republic of Indonesia Number 103 of 2015 concerning Ownership of Residential Houses or Occupancy by Foreigners Residing in Indonesia, and other laws and regulations related to the issues discussed. While secondary legal materials are library books, journal articles on line journal system, scientific papers, and reviews in the mass media and others. The results of the study indicate that there is conformity between the Republic of Indonesia Government Regulation Number 103 and the Republic of Indonesia Government Regulation in Article 4 letter a and number 1 of Number 10 of 1996 concerning Cultivation Rights, Building Rights and Land Rights Article 39 letter e and land objects Article 40 letter c, as well as the Republic of Indonesia Government Regulation Number 18 of 2021 concerning Land Management Rights, Land Rights, Flat Housing Units and Land Registration Article 49 paragraph (1).
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Terekhov, Evgeny. "The Official Interpretation of Legal Norms as a Tool for Building the Russian Rule of Law." Legal Concept, no. 2 (July 2022): 112–17. http://dx.doi.org/10.15688/lc.jvolsu.2022.2.14.
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Introduction: the practical implementation of the idea of the rule of law requires the fullest provision of human and civil rights and freedoms, as well as restrictions on the right of state power. Despite the existence of the necessary legislative framework, contradictions and uncertainties periodically arise in the legal activity regarding the ways of further implementation of the law. The official interpretation of the norms of law helps to cope with this task, which allows for clarity and semantic certainty in the legal regulation processes. Purpose: the demonstration of the use of the official interpretation of legal norms as an independent means of maintaining the efficiency of the rule of law. Methods: the methodological framework for the study is a set of methods of scientific cognition, among which the main ones are systematic, analysis, statistical, historical. Results: the author’s position substantiated in the work is based on the study of the place and practice of using the official interpretation of the legal norms in the construction and maintenance of legal statehood. This is facilitated by the analysis of signs of the rule of law, the normative statistical data, the judicial law enforcement practice, as well as the individual interpretative acts. Conclusions: as a result of the conducted research, it is found that the role of the official interpretation of the legal norms as a tool to promote the efficiency of the rule of law is invaluable and irreplaceable. In fact, the official legal interpretation today is one of the most effective non-alternative means of not only revealing the meaning of laws, but also increasing trust and respect for the law, its knowledge and acceptance as a priority regulator of public relations. The idea of a rule-of-law state will remain an idea, without the use of legal interpretation activities in the legal sphere of society.
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Shoukat, Ayza, Muhammad Abdullah, Ghulam Muhammad, and Tauqir Ahmad Ghauri. "Breaking Barriers, Building Bridges: Economic Freedom and Women's Empowerment." iRASD Journal of Economics 5, no. 2 (2023): 277–391. http://dx.doi.org/10.52131/joe.2023.0502.0134.
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Women’s empowerment conduces economic growth and is crucial for empowering women. Economic freedom means that people can take economic actions independently. Yet, women remain disadvantaged in developing countries like Pakistan. The current study analyses how economic freedom fosters women’s empowerment in Pakistan. We employed time series data for 1990-2021. We employed an index of women’s empowerment (WEI) and the Women's Business and Law Index (WBLI) for economic freedom. WBLI is based on 8 distinct indicators that include diverse aspects of a woman’s life. After unit root testing, we used the ARDL approach followed by the Bound test. The long and short-run empirics have confirmed the association of women’s empowerment and economic freedom in Pakistan. There is a positive and statistically significant relationship between them. A significant ECT term with a negative sign further confirms the long-run association. Women’s mobility, women’s decision to work, rules and laws for equal pay, legal barriers to marriage for women, women’s decision to work after childbirth, restrictions for registering a business on women entrepreneurs, discrimination in the division of property and regulation for women’s pension are the factors that still impede the absolute economic freedom of women in the society.
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Ruzanova, Valentina. "The Bioethical Committees in the Development of Advanced Areas of Medicine: The Tasks of Law." Journal of Russian Law 28, no. 12 (2024): 95. https://doi.org/10.61205/s160565900030597-0.
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In the context of intensive development of technologies in the field of medicine, the role of ethical structures increases, the legal status of which requires systematic regulatory consolidation. The study is conducted with the aim of developing a systematic approach to the legal regulation of the activities of bioethical committees in the field of healthcare, contributing to the active development of advanced areas of medicine. The methodological basis of the study consists of both general and specific scientific methods of cognition. The systematic approach served as the methodological basis for developing proposals for building a regulatory framework that would consolidate the legal status of bioethical committees. Conclusions. It has been established that in the context of the introduction of advanced technologies into medicine, the role of ethical structures is increasing, the activities of which should be comprehensively regulated by forming a normative legal framework based on conceptual developments. It is proposed to form a regulatory framework built on a hierarchical principle, reflecting the system, legal personality, principles of work and functionality of bioethical committees, distributed by levels and securing the general and special legal regimes. The need for substantive filling of legal regulation with the following provisions is substantiated: to consolidate the system of bioethical committees built on various criteria; ensure the implementation of the principle of independence in the implementation of the activities of ethical structures that are part of the organization by introducing such a method of forming their composition as involving persons from outside (more than 50%); develop universal criteria for assessing typical situations and general guidelines for their work by approving standards, recommendations, and guidelines applicable to all bioethics committees; expand the functionality of ethical institutions through their more active participation in issues of diagnostics, treatment, and rehabilitation of patients, including within the framework of manipulations involving the use of genetic information.
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SHTOIKO, Oleksandr. "Legal regulation of subjects and objects of relations on preferential creditation for individual housing construction in rural areas." Economics. Finances. Law 4/2025, no. - (2025): 41–46. https://doi.org/10.37634/efp.2025.4.8.
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The paper is devoted to the study of the administrative and legal regulation of subjects and objects of relations on preferential lending for individual housing construction in rural areas. The author analyzes the legal relations of preferential lending for individual housing construction and identifies their types and structural elements. Attention is drawn to the fact that relations in the field of preferential lending for individual housing construction have an administrative and legal essence, with a slight interspersion of elements of another industry direction. The main subjects of relations on preferential lending for individual housing construction are characterized, which include the borrower (individual developer) and the branch of the individual housing construction support fund in rural areas. The criteria established in the legislation that future borrowers must meet are analyzed. A critical attitude to certain conditions is justified, in particular, the mandatory sign of the candidate's work in rural areas. It is proposed to introduce an alternative for future borrowers: living or working in rural areas. It is proved that the activities of individual housing construction support funds in rural areas are determined by the purpose of relieving the budget from part of social expenditures and ensuring the priority of the direction of rural development. It is established that additional subjects of relations can also be members of the borrower's family, the pledgor and the guarantor. In addition, the author studies the system of objects of legal relations in the field of preferential lending for individual housing construction. The main object is the construction of residential buildings. A general characteristic of the regulation of individual construction is given. The expediency of stricter compliance with state building standards and rules when building a house on the terms of attracting funds from the individual housing construction support fund in rural areas is argued.
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Zhang, Yuxin, Zhiwei Zhou, Xiaoqi Pan, Jiacheng Hu, and Zhendong Ma. "Analysis of the dilemma of public health committee construction and optimization path." SHS Web of Conferences 169 (2023): 01022. http://dx.doi.org/10.1051/shsconf/202316901022.
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Establishing public health committees within the village (neighborhood) committees is an explicit provision of the Constitution of the People’s Republic of China and an inevitable requirement to promote the implementation of the Health China strategy and ensure people’s health. In practice, fragmentation, lagging and blurring of relevant legislation, differences in regional construction, barriers to information flow, omissions in emergency response mechanisms, scarcity of cross-disciplinary talents, and lack of personnel training in the rule of law are the primary legal regulation dilemmas in the construction and operation of public health committees. Given this, based on building a systematic, complete, and normative system, we should form a coordinated and highly efficient working mechanism and develop a comprehensive work team that equips with talents with both medical and legal knowledge.
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IVANYTSKYI, Serhii, Oleksandr LYTVYNCHUK, Viktoriia IVANYTSKA, and Mykhailo SHALIAPIN. "Organizational foundations of the reform of the system for counteraction economic crime in the conditions of martial law." Economics. Finances. Law 5/2024, no. - (2024): 31–36. http://dx.doi.org/10.37634/efp.2024.5.6.
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Introduction. One of the important obligations of Ukraine to international partners is the reform of the Bureau of economic security of Ukraine. On this path, quite a lot of draft laws have been registered in the parliament, which often have diametrically opposite orientation, which complicates the process of improving the legal regulation of the activity of the Bureau of economic security of Ukraine and determines the need to analyze these issues within the scope of the presented work. The purpose of the paper is a scientific analysis of the organizational foundations of the reform of the system of combating economic crime in the conditions of martial law. Results. The paper analyzes the organizational basics of the reform of the system of combating economic crime in the conditions of martial law. The author investigated the current problems of organizing the work of the Bureau of economic security of Ukraine, highlighted statistical indicators, and analyzed draft laws on the optimization of the legal regulation of its activities. The possibility of creating a Specialized economic prosecutor's office was analyzed, the positives and disadvantages of such a move by the legislator were revealed. Proposals for improving the legal basis for building an infrastructure of counteraction economic crimes have been formulated. Conclusion. In the work, it was argued that the prescriptions of the draft law no. 10439 dated 29.01.2024 can be laid as a basis for improving the organizational principles of the Bureau of economic security of Ukraine operation, provided they are further detailed, taking into account the proposals expressed within the scope of the presented work and other studies, and the author also justified the inexpediency of creating of Specialized economic prosecutor's office.
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Kruglikov, Lev Leonidovich. "Feasibility and objectives in the Russian criminal law." Yugra State University Bulletin, no. 2 (December 15, 2018): 18–23. http://dx.doi.org/10.17816/byusu20180218-23.
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Criminal law regulation presupposes the achievement of certain socially useful results. These results in the criminal law are differentiated into two groups: the tasks of criminal law and the objectives of criminal punishment. At the same time, the basis for building the system of these results lies in a category that undoubtedly claims to be an independent legal principle - expediency in lawmaking and law enforcement activities. The presented work is devoted to the analysis of the content of the categories of «tasks», «goals» and «expediency» in criminal law and the specifics of their use as grounds for modern criminal policy.
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Vitillo, Piergiorgio. "Regulations have forgotten design." TECHNE - Journal of Technology for Architecture and Environment, no. 27 (June 10, 2024): 54–59. http://dx.doi.org/10.36253/techne-15108.
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This essay developed from research and design work associated with the regulation of architectural-urban projects and urban planning. Over time, planning and building regulations have progressively lost the necessary attention toward the compositional and technical aspects of design, and its contextualisation with the city, in favour of administrative, legal and procedural aspects. Beginning with their progressive evolution, the essay explores three particular themes with the intention of restoring the central role of design: moving from a principle of conformity to one of coherence; exercising the capacity to express an urban grammar; favouring practices of adaptive reuse.
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Kogut, Natalia, and Marharyta Tarasenko. "Peculiarities of Author’s Rights Protection to Original Works of Art: Historical and Legal Aspect." Law Review of Kyiv University of Law, no. 4 (January 12, 2021): 314–19. http://dx.doi.org/10.36695/2219-5521.4.2020.55.
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The authors investigate the legal regulation of copyright protection in all possible arts: architecture, sculpture, graphics, design,painting, etc. The authors focus on the emergence of copyright in works in new art genres in the digital age, in particular: 3-D digitalmodels; engraving; engraving; pop-up publications and others. Peculiarities of free use of works and creation of derivative works indifferent kinds of art are determined.Each art form needs its own approach to regulating the author’s rights to the work. Architectural objects include both constructionprojects and drawings, as well as the buildings themselves, garden and park formations.The architectural design and the building are protected separately from each other. Therefore, there is no possibility to protect thearchitect’s rights to permit or prohibit the implementation of the project in the building and preserve the copyright to the architecturalpart of the building value, because in this case the idea (construction project) and building – various forms of works’ expression. However,construction projects are not subject to patent law, can not be patented as an invention, utility model, and do not belong to indust -rial designs. The building as a whole is not the subject of copyright, as copyright protects only the shape of the building, not engineeringsolutions, which in themselves, separately from the building, can be patented as inventions or utility models.Plagiarism of sculptures, especially sculptures of famous people and characters, is difficult to prove. In addition, there is the questionof the need to obtain permission from living famous people to create such sculptures for their commercial use. There is a questionof recognizing or not recognizing the 3-D sculpture as the original object of copyright.Works of fine art can be divided into: architecture, painting, graphics, sculpture, decorative and applied arts, photography anddesign. Works created with the help of a print as a unique type of graphic technique are considered original, as well as film photographs,when each developed photo will be original. Each copy of a book created using the pop-up technique is also considered original.The plots of films are difficult to defend in the context of copyright, because, in fact, they are a concept or idea that is easy tochange. The legislation does not clearly define that such a modification will be considered a derivative of the original work. The legislationdoes not contain clear criteria for defining plagiarism in works of art. Also, the legislation does not regulate co-authorship withmore or less complicity.
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Guanglong, Wang. "Administrative and legal measures to ensure the security of personal data when disclosing information by the government in China." Vestnik of Saint Petersburg University. Law 15, no. 3 (2024): 815–34. http://dx.doi.org/10.21638/spbu14.2024.317.
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Government disclosure is an inevitable choice to improve public services in the era of big data. In order to meet the new requirements for building a digital government in the era of big data, the government authorities of the People’s Republic of China have implemented a number of strategies and measures for the open use of government data through the overall integration of government informatization work. In recent years, the open use of government data has played a very important role in building a legal system and platforms, but it still faces many real dilemmas, such as the low level of legislation for the open use of data and security for government disclosure of data, vague definition of data ownership and the extent of openness, insufficient supervision and management openness and use of data. In order to ensure effective protection of personal information when disclosing information by the government in the era of big data, it is necessary to improve the mechanism of legal protection of personal information and the system of legal regulation of the use of government-opened data, improve the system for regulating conflicts of legal benefits based on the principle of proportionality, create and optimize an environment for the development and use of government data, as well as develop a mechanism for assessing privacy risks and raise awareness about the protection of personal data and rights.
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Ferrante, Vincenzo. "Between health and salary: The incomplete regulation of working time in European law." European Labour Law Journal 10, no. 4 (2019): 370–85. http://dx.doi.org/10.1177/2031952519886144.
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The European Union competences on health and safety of workplace constituted the legal basis for the 93/104 Directive to be adopted (and for the consolidated text of 2003/88 Directive). The Court of Justice has firmly maintained this approach refusing to take into account the history of international regulation on working time, which links together work and salary in perspective to give the workers the right to fair and equal treatment as regards their working conditions (as has been recently proclaimed also by the European Pillar of Social Rights). Building on these general premises, this article analyses the more recent European pieces of legislation and cases related to on-call time and proposes a new model for the definition of working time in the light of CJEU case law.
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Bogolyubov, Egor A. "Voluntary Agricultural Societies in the Context of the Sociocultural Transformation and Etatisation of the Legal and Political System of the Soviet State." Vestnik Tomskogo gosudarstvennogo universiteta, no. 470 (2021): 126–34. http://dx.doi.org/10.17223/15617793/470/15.
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The research focuses on the place and role of public organizations in Soviet Russia in the 1920s. The empirical basis of the research is archival materials and normative legal acts on the activities of agricultural societies. The author notes that agricultural societies, like other voluntary societies, were liquidated in the late 1920s. This circumstance allows concluding that all the processes that took place with other public organizations at this time were reflected in the functioning of agricultural societies. From 1917 to the early 1920s, pre-revolutionary agricultural societies were involved in the work of Soviet bodies. In 1922, the NKVD began to register agricultural societies. In 1923, an attempt was made to provide special legal regulation of their activities. Placing agricultural societies in a separate category of public organizations, in fact, continued the pre-revolutionary tradition since these societies again received separate legal regulation. However, this approach was soon abandoned, and agricultural societies were again subject to general regulation. In the late 1920s, the process of Sovietization of the public sector began. The reasons for the liquidation of agricultural societies were: poor cultural work; poor financial condition; lack of all-Russian coverage, and others. Similar reasons for the closure were contained in other resolutions on the closure of public organizations of this period. Important in this time is the general attitude of the Soviet government to establish control over agriculture. The creation of local land departments, the Michurin Movement, propaganda work in the village, collectivization - all these activities displaced the public initiative. The state and the party aspired to the sole leadership of agriculture. Thus, the liquidation of agricultural organizations became a reflection of two interrelated processes. On the one hand, it was a process of suppressing civil initiative and identifying state and party interests with public ones. On the other hand, it was the process of building an administrative and command management system in agriculture. For this reason, peasants lost creativity in their work and their interest in the result. Agricultural societies lost their target audience: the initiative peasant. Therefore, in the conditions of socio-cultural transformation and etatisation of the legal and political system of the Soviet state, voluntary agricultural societies were simply not needed.
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Salnikov, Konstantin Evgenevich. "Regulation of the construction period in the Russian Federation." Финансы и управление, no. 2 (February 2021): 56–62. http://dx.doi.org/10.25136/2409-7802.2021.2.34477.
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The subject of this research is the regulatory relations arising in the process of reducing construction period as a branch of material production that carries out the erection and reconstruction of buildings and structures of different purposes. The object of this research is the construction sector as a whole; enterprises of various forms of ownership that operate within the investment and construction sector; organizational-legal relations between the parties to the investment and construction process; state regulation in the sphere of capital construction. The aim goal is to examine the key issues in regulating construction period; assess duration of the processes and allocation resources. The author focused on such aspects of the topic as the restricted (recommended) application of building regulations; actualization of the provisions of building regulations with regards to housing construction; development of the time or network schedules for building and construction works; enlarged construction costs standards; factors of variation of the construction period. Special attention is given to the rational variants of organizing the construction process for changing the normative duration based on the made decisions. The scientific novelty is defined by lack of knowledge on the questions of improvement, theoretical, experimental and technical-economic substantiation of technological processes, methods and forms of organizing construction and its production capacity with regards to the problems of reducing construction period. The importance of this work for the national economy lies in studying the theory and practice of reducing construction period, and seeking solutions for the scientific and technical problems of construction through development and creation of the competitive construction technologies and organizational-technological solutions that ensure intensification of the processes of erection, reconstruction, and modernization of buildings and structures while reducing labor, material-technical, fuel and energy resources.
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Blomquist, Helle. "Legal Education, Profession and Society Transition: Reform of Lithuanian Legal Education." Review of Central and East European Law 29, no. 1 (2004): 35–95. http://dx.doi.org/10.1163/157303504773821158.
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AbstractThe article explores a specialized perspective of democratization and nation-building in one of the states restored from the former Soviet Union. The focus is on the reform of Lithuanian legal education. It regards the interaction between the two main national law faculties, on the one hand, and society and the profession on the other. There has been a rise in law work and the number of lawyers. Both legal education and the structure of the profession have undergone changes, facilitated by ways of regulation and the allocation of resources. The profession has become an active and necessary vehicle for institutional reform and European integration. The article covers the following areas: (1) the reconstruction of the legal professions and legal education; (2) the role of legal education in a changed society; and (3) a discussion of how law faculties educate lawyers to solve legal problems in a new state. The examination is based mainly on qualitative interviews, the respondents being elite members of the legal profession, students, and citizens engaged in public debate. This is supplemented with an overview of the regulatory framework, university study programs, and a few statistical data. A few comparisons are made to other similar reforms in post-socialist Europe. The conclusion is that the new nation-state has invested considerable regulation and resources into a project of creating a new generation of lawyers, hinged on western constitutional values, taking the Lithuanian heritage back to an earlier tradition of the normative values of law. Professional forums have been created, as well as professional debate over legal education and other professional issues. However, the project does not seem to have reached its goal. Members of the legal profession voices concern about the ability of the traditionally most prestigious law faculty to bring about the required changes of its performance. On the one hand, in pointing out the weaknesses, the profession renders a practical example of having established an open professional community debating professional issues, among them legal education. They take standpoints independent of the political level. On the other hand, the examination also indicates a lacking ability to deal with some general malfunctions. The most important one is that the community habors considerable mistrust which curbs responsiveness to suggestions from other professionals, not to mention willingness to listen to criticism. This makes it extremely diffi cult to deal in practical terms with a number of issues, such as how to safeguard a level of professionalization of law work, creating standards that can be benchmarked with other international systems, getting on with the disposal of repressive law remains, and securing independent law professors with relevant and adequate academic standing in their field.
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Čok, Gregor, Gašper Mrak, Jana Breznik, Mojca Foški, and Alma Zavodnik Lamovšek. "Spatial Regulation Instruments of Work at Home: The Case of Slovenia as a Post-Transition Country." Sustainability 14, no. 7 (2022): 4254. http://dx.doi.org/10.3390/su14074254.
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Work at home and work from home are becoming the subject of interdisciplinary research in the current social conditions. Slovenia, as a post-transition country, has specific experience in terms of its regulation, as the former socialist and later transition period were relatively tolerant of various forms of work at home. The article presents the results of research aimed at studying current normative provisions for the organization of work at home, its actual spatial and program scope, and its correlation with building typology and morphology. Using a descriptive research method and by analyzing existing databases in the GIS environment, we found that work at home is a very extensive phenomenon in Slovenia. Despite the effective instruments in the fields of spatial planning, public administration, tax system, and employment legal relationships, its scope is mainly a consequence of historical tolerance, as this form of work has been legally organized and desirable for decades. We found that various urban characteristics did not significantly affect its occurrence in the past. The differences are reflected only in the extent of business activities that can be carried out in residential areas and differ according to the distance from urban centers. In order for the regulation of work at home to become even more efficient in the future, it is necessary to define more detailed criteria, especially in terms of its program regulation and monitoring of the spatial situation.
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Dubovaya, Yu V., and E. E. Platonova. "The Importance of Practice in the Formation of Functional Skills of Law Students." Governance and Politics 3, no. 2 (2024): 87–105. http://dx.doi.org/10.24833/2782-7062-2024-3-2-87-105.
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The article examines the concept of “functional skills” in the context of ideas and legal regulation in the field of education in the Russian Federation. It also discusses the concept of mentoring and pays special attention to its functions and potential benefits. The specifics of requests from business, the labor market and citizens in the field of legal services are considered. The authors also deal with the possibilities of the mentoring institute for training specialists related to individual professional activities using the example of law students. In addition, the paper highlights the systemic and regular difficulties of law students in the transition from theoretical training to practical activity, the tools and technologies that allow turning mistakes into valuable experience, including the development of emotional intelligence, communication skills and legal techniques. The article discusses one of the possible successful options for building horizontal “mentor-mentee” interaction. The Legal Clinic of the Russian State University for the Humanities has developed an experimental technology for the interaction of professional lawyers, legal mentors and student interns and received the first results of an analysis of the work done. The described model is given a qualitative characteristic.
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Semenova, E. G. "Methodological Basis for Systematization of Objects of Civil Rights: Problem Statement." Proceedings of Southwest State University. Series: History and Law 13, no. 6 (2024): 69–77. http://dx.doi.org/10.21869/2223-1501-2023-13-6-69-77.
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Relevance. The development of the latest information, biomedical and other technologies has determined the emergence of new benefits to which the interest of subjects of civil law is directed, which determines the vivacity of the scientific assessment of their essence and legal nature. Objects of civil rights require comprehensive research not only within the scope of their qualifications, but also in the context of systemic analysis. The main methodological problem is the lack of a systematic approach to the presentation of the normative provisions of the current civil legislation regulating the objects of civil rights, as well as certain methodological omissions at the doctrinal level regarding the conceptual basis for systematizing the objects of civil rights. The purpose of the study is to establish the methodological basis for systematizing the objects of civil rights. Objectives: analyze legislative and doctrinal approaches to building a system of objects of civil rights, identify their shortcomings and ways to eliminate them. Methodology. When writing the work, the method of analysis and synthesis, induction and deduction, general logical techniques and tools of the systems approach were used. Results. It is substantiated that effective legal regulation cannot be carried out by simply listing the objects of civil rights and/or enshrining the legal regime of some of them in legislation in isolation from other elements of the mechanism of legal regulation. Conclusions. As a methodological basis, the use of a systematic approach is substantiated, which will allow establishing criteria for classifying an object as an object of civil rights, determining its legal regime, providing a special procedure for regulation, conditions and procedure for the emergence, implementation and termination of subjective rights, the object of which is such an object of civil law, their protection.
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Krapež, Katarina. "Regulation of temporary agency work and the modern labor market: a case study of Slovenia." Stanovnistvo 62, no. 1 (2024): 127–51. http://dx.doi.org/10.59954/stnv.599.
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Temporary Agency Work (TAW) is a unique employment model involving a three-way relationship between a posted worker, an employment agency, and a client organization, enabling clients to adjust their labour force in response to fluctuating demands, but also raising concerns about job precariousness. Achieving a balance between flexibility and employment and social security is crucial for integrating TAW effectively into the labour market.TAW arrangements within the labour markets of the EU are confronted by specific contemporary dynamics, including fluctuations and seasonality of labour demands, labour scarcity in some professions and labour migration. Building on a case study of the TAW legislation development in Slovenia, this study aimed to elucidate the repercussions of these challenges on the regulatory landscape of TAW, potentially illuminating the prospective evolution of labour law standards throughout the EU.Despite the inherent limitations of case studies, the findings suggest that a detailed legal framework providing strong rights for posted workers and controlled flexibility for clients can be operational in addressing particular labour market challenges. TAW has the potential for further growth, particularly in supporting groups with limited labour market access and in filling professional gaps, by facilitating the integration of foreign workers.
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Makuch, Oksana. "Legal regulation of the administration of taxes and сharges in the conditions of construction of the digital economy: discussion aspects". Law and innovations, № 3 (35) (21 вересня 2021): 63–68. http://dx.doi.org/10.37772/2518-1718-2021-3(35)-9.
Pełny tekst źródłaStreszczenie:
Problem setting. Digital technologies are one of the most current trends, with the help of which new models of interaction between the state, business and citizens are being formed. New methods of doing business involve constant work with data, which entails significant changes in traditional sectors of the economy. It should be emphasized that the development of digital processes leads to a significant increase in financial flows that are outside the scope of legal regulation. It seems that in order to adapt to the challenges of digital technologies, there is a need to develop its own (national) digital ecosystem, which will cover the field of tax regulation. Analysis of recent research. The study of some aspects of digitalization in the field of taxation has been the subject of scientific research by such scholars as O. Dmytryk, M. Kucheryavenko, D. Kobylnik, V. Ryadinska, K. Tokarіeva, and others. At the same time, the above direction is developing rapidly, and this in turn requires appropriate timely regulation and reflection in the law. In view of the above, the purpose of the article is to analyze the legal regulation of taxation in the digital economy. Article’s main body. The article discusses the features of legal regulation of the sphere of taxation in the conditions of building a digital economy. It was emphasized that the introduction of digital technologies into tax regulation has both positive (implementation of the principle of taxation convenience, the formation of a service model of interaction between authorities and obligated participants in tax relations) and negative aspects (fragmentary legal regulation, the need to implement mechanisms for protecting tax information included in the corresponding electronic services, bases). Based on the analysis of a number of acts of promising legislation of Ukraine: the introduction of a special legal (including tax) regime of Diya City was subjected to a critical analysis; the legislator's approach to the regulation of taxation relations for the delivery of electronic services to individuals by non-residents was positively assessed. Conclusions and prospects for the development. The formation of a service model of the tax authorities provides for even broader interaction of tax authorities with taxpayers in electronic form. It should be noted that the interaction of taxpayers with the tax authorities through "digital channels" can be both positive and negative, which largely depends on the ease of use of the service (thus increasing the convenience and efficiency of interaction between taxpayers). In addition, the analysis of the legal regulation of taxation in the digital economy in Ukraine indicates the need for comprehensive development of effective mechanisms for each specific tax (or even legal regime) and data protection mechanisms provided by the subjects of tax relations to the relevant electronic databases, registers, offices, etc.
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Makuch, Oksana. "Legal regulation of the administration of taxes and сharges in the conditions of construction of the digital economy: discussion aspects". Law and innovations, № 3 (35) (21 вересня 2021): 63–68. http://dx.doi.org/10.37772/10.37772/2518-1718-2021-3(35)-9.
Pełny tekst źródłaStreszczenie:
Problem setting. Digital technologies are one of the most current trends, with the help of which new models of interaction between the state, business and citizens are being formed. New methods of doing business involve constant work with data, which entails significant changes in traditional sectors of the economy. It should be emphasized that the development of digital processes leads to a significant increase in financial flows that are outside the scope of legal regulation. It seems that in order to adapt to the challenges of digital technologies, there is a need to develop its own (national) digital ecosystem, which will cover the field of tax regulation. Analysis of recent research. The study of some aspects of digitalization in the field of taxation has been the subject of scientific research by such scholars as O. Dmytryk, M. Kucheryavenko, D. Kobylnik, V. Ryadinska, K. Tokarіeva, and others. At the same time, the above direction is developing rapidly, and this in turn requires appropriate timely regulation and reflection in the law. In view of the above, the purpose of the article is to analyze the legal regulation of taxation in the digital economy. Article’s main body. The article discusses the features of legal regulation of the sphere of taxation in the conditions of building a digital economy. It was emphasized that the introduction of digital technologies into tax regulation has both positive (implementation of the principle of taxation convenience, the formation of a service model of interaction between authorities and obligated participants in tax relations) and negative aspects (fragmentary legal regulation, the need to implement mechanisms for protecting tax information included in the corresponding electronic services, bases). Based on the analysis of a number of acts of promising legislation of Ukraine: the introduction of a special legal (including tax) regime of Diya City was subjected to a critical analysis; the legislator's approach to the regulation of taxation relations for the delivery of electronic services to individuals by non-residents was positively assessed. Conclusions and prospects for the development. The formation of a service model of the tax authorities provides for even broader interaction of tax authorities with taxpayers in electronic form. It should be noted that the interaction of taxpayers with the tax authorities through "digital channels" can be both positive and negative, which largely depends on the ease of use of the service (thus increasing the convenience and efficiency of interaction between taxpayers). In addition, the analysis of the legal regulation of taxation in the digital economy in Ukraine indicates the need for comprehensive development of effective mechanisms for each specific tax (or even legal regime) and data protection mechanisms provided by the subjects of tax relations to the relevant electronic databases, registers, offices, etc.
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Makuch, Oksana. "Legal regulation of the administration of taxes and сharges in the conditions of construction of the digital economy: discussion aspects". Law and innovations, № 3 (35) (21 вересня 2021): 63–68. http://dx.doi.org/10.37772/10.37772/2518-1718-2021-3(35)-9.
Pełny tekst źródłaStreszczenie:
Problem setting. Digital technologies are one of the most current trends, with the help of which new models of interaction between the state, business and citizens are being formed. New methods of doing business involve constant work with data, which entails significant changes in traditional sectors of the economy. It should be emphasized that the development of digital processes leads to a significant increase in financial flows that are outside the scope of legal regulation. It seems that in order to adapt to the challenges of digital technologies, there is a need to develop its own (national) digital ecosystem, which will cover the field of tax regulation. Analysis of recent research. The study of some aspects of digitalization in the field of taxation has been the subject of scientific research by such scholars as O. Dmytryk, M. Kucheryavenko, D. Kobylnik, V. Ryadinska, K. Tokarіeva, and others. At the same time, the above direction is developing rapidly, and this in turn requires appropriate timely regulation and reflection in the law. In view of the above, the purpose of the article is to analyze the legal regulation of taxation in the digital economy. Article’s main body. The article discusses the features of legal regulation of the sphere of taxation in the conditions of building a digital economy. It was emphasized that the introduction of digital technologies into tax regulation has both positive (implementation of the principle of taxation convenience, the formation of a service model of interaction between authorities and obligated participants in tax relations) and negative aspects (fragmentary legal regulation, the need to implement mechanisms for protecting tax information included in the corresponding electronic services, bases). Based on the analysis of a number of acts of promising legislation of Ukraine: the introduction of a special legal (including tax) regime of Diya City was subjected to a critical analysis; the legislator's approach to the regulation of taxation relations for the delivery of electronic services to individuals by non-residents was positively assessed. Conclusions and prospects for the development. The formation of a service model of the tax authorities provides for even broader interaction of tax authorities with taxpayers in electronic form. It should be noted that the interaction of taxpayers with the tax authorities through "digital channels" can be both positive and negative, which largely depends on the ease of use of the service (thus increasing the convenience and efficiency of interaction between taxpayers). In addition, the analysis of the legal regulation of taxation in the digital economy in Ukraine indicates the need for comprehensive development of effective mechanisms for each specific tax (or even legal regime) and data protection mechanisms provided by the subjects of tax relations to the relevant electronic databases, registers, offices, etc.