scholarly journals THE INSTRUMENTS OF ADMINISTRATIVE AND LEGAL PROVISION FOR THE REALIZATION OF THE RIGHT TO A SAFE AND HEALTHY ENVIRONMENT

2019 ◽  
pp. 109-118
Author(s):  
V. V. Polubatko
Keyword(s):  
Environmental Protection ◽  
Public Administration ◽  
Legal Regulation ◽  
The State ◽  
Legal Provision ◽  
Healthy Environment ◽  
Current State ◽  
The Right

The article is focused on determining the instruments of administrative and legal provision for the realization of the right to a safe and healthy environment by individuals and formulating the propositions to improve the normative and legal regulation of the procedures of their application. The author of the article has established the state of scientific developments concerning the realization of the citizens’ right to a safe and healthy environment and the instruments of its administrative and legal provision. The concept of administrative and legal provision and its instruments have been revealed. The functions of public administration subjects assigned to them in the field of environmental protection have been highlighted; the shortcomings of their normative and legal regulation have been determined; and the ways of their solution have been suggested. The author has named the types of instruments of administrative and legal provision for the realization of the right to a safe and healthy environment by individuals and their certain characteristics. The system of normative and legal acts regulating the procedures for their use has been studied. The current state of normative and legal regulation of the application of the instrument of administrative and legal provision for the realization of the right to a safe and healthy environment by individuals has been clarified; and propositions and recommendations regarding the ways of its improvement have been formulated. In particular, a number of specific problems that are to be obligatory solved has been defined: lack of procedures of public administration activities and a normative act that would introduce unified rules for the application of the instruments of public administration activities; contradictions and inaccuracies that exist in the current normative and legal acts; validity of normative acts adopted with violation of powers.

scholarly journals Subjects and objects of public administration in the sphere of fire safety in Ukraine

2018 ◽  
Vol 5 (11) ◽  
pp. 31-43
Author(s):  
S. V. Govorun
Keyword(s):  
Public Administration ◽  
Fire Safety ◽  
Safety Management ◽  
Legal Regulation ◽  
The State ◽  
Civil Protection ◽  
Current State ◽  
Prescriptive Model ◽  
The Subject

The article analyzes the current state of the normative and legal support of the activity of public administration bodies in the field of fire safety of Ukraine. Their place, role and functions in providing fire safety, the need for further regulation and improvement of regulatory and legal regulation in this field are considered in order to optimize the work of state bodies in the field of fire safety of Ukraine, eliminating duplication of their functions. The subjects and objects of public administration in the field of fire safety in Ukraine, which are enshrined in normative-legal acts, are analyzed. It’s proposed to make changes to the system of the current legislation in Ukraine in the field of fire safety, in particular the Code of Civil Protection of Ukraine (2012) and constructed a prescriptive model of the subject-object legal relations of the state fire safety management.

scholarly journals FEATURES OF LEGAL REGULATION OF THE RIGHT TO HEALTH IN INTERNATIONAL AND NATIONAL LEGAL INSTRUMENTS

2017 ◽  
pp. 0-0
Author(s):  
Анна Попова ◽  
Anna Popova
Keyword(s):  
Healthy Lifestyle ◽  
Legal Regulation ◽  
Right To Health ◽  
The State ◽  
World Health ◽  
Main Task ◽  
Legal Analysis ◽  
Healthy Environment ◽  
Endemic Diseases ◽  
The Right

Health is the main value for any person so its defense appears to be the main task of a modern legal and social state. However international and regional instruments that contain the concept of health fasten different wordings, namely: “health”, “health of the nation”, “public health” which having different meaning. Moreover, legal acts and scientific literature include similar in sound but not in the legal sense constructions such as “protection of health”, “health”, “ensuring the basic preconditions for health” which trouble determination of the content of the right to health. The author on the basis of a comparative legal analysis of legal regulation of the legal categories of “right to health”, as contained in international instruments and Russian legislation, concludes that the realization of the right to health is connected with various activities aimed at ensuring individual and community health. Among these events, the world health organization includes assistance to mothers and children, prevention and control of endemic diseases, major infectious diseases; professional health care is based on the use of high technologies and promotion of healthy lifestyle, creation of healthy environment adequate to the modern realities of working conditions, improved nutrition and sanitary conditions, accommodation for vulnerable in social terms, individuals located on the territory of the state. The author advocates the position that the right to health at the same time is interpreted as a collective right (the addressee of a package of measures for the protection of health is not the individual citizen, and the population of the state) and as an individual right, to which corresponds the duty of the state to take measures to ensure against its citizens and persons within its territory.

scholarly journals CURRENT STATE OF ADMINISTRATIVE AND LEGAL REGULATION OF PENSION PROVISIONS OF PERSONS DISMISSED FROM MILITARY SERVICE

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Tatiana P. Makarova ◽  
Keyword(s):  
Military Service ◽  
Social Protection ◽  
Legal Regulation ◽  
The State ◽  
Constitutional Rights ◽  
Administrative Services ◽  
Normative Documents ◽  
Legal Norms ◽  
Current State ◽  
The Right

This article is devoted to the study of the current state of administrative and legal regulation of pensions of persons discharged from military service. The analysis of acts of the legislation of Ukraine, which regulate administrative and legal relations in the field of pension provision of the persons discharged from military service, in particular appointment and recalculation of pensions is carried out. The organizational and legal mechanism for ensuring and fulfilling Ukraine�s obligations regarding the constitutional rights to pensions of persons discharged from military service, as well as ways to improve it, is revealed. Problematic issues that arise in persons discharged from military service when applying to the competent authorities for the issuance of certificates confirming the right to a pension, and which confirm the right to recalculation of pensions. Problems when such persons apply to the bodies of the Pension Fund of Ukraine with applications for appointment and/or recalculation of pensions are also analysed. The causes of problems for persons discharged from military service regarding the appointment and/or recalculation of pensions are being studied, provided that a large number of normative documents are adopted by the state to regulate these issues. The urgency of the study lies in the need to regulate national legislation in the field of implementation of constitutional rights to pensions of persons discharged from military service in accordance with the concept of administrative and legal reform in Ukraine. This study substantiates the need to create and adopt a codified act � the Pension Code of Ukraine, which will promote the effectiveness of administrative and legal norms in the field of social protection of persons, including persons discharged from military service. The following editions were made during the writing of the articles. Public administration in the field of social and pension provision provides for the implementation of administrative procedures through open public activities, the use of clear legal instruments of democratic governance, streamlining public activities and providing administrative services to citizens to help realize their rights and freedoms. The norms formed within the framework of administrative law within the framework of the greatest development of the state-centric approach today play the role of a synergizing catalyst for the formalization of legal norms in various socio-economic spheres. The emergence of a new system of Ukrainian law on the division in accordance with the use, as a science, areas of law and practical law enforcement activities is now fully consistent with modern realities.

scholarly journals DEGREE OF SCIENTIFIC SUBSTANTIATION AND ADMINISTRATIVE AND LEGAL SUPPORT OF CONSTITUTIONAL FUNDAMENTALS OF STATE AND CHURCH RELATIONS

2021 ◽  
pp. 71-79
Author(s):  
O. I. Mykolenko ◽  
О. M. Mykolenko
Keyword(s):  
Public Relations ◽  
Negative Impact ◽  
Legal Regulation ◽  
The State ◽  
Freedom Of Religion ◽  
Current State ◽  
Administrative Legislation ◽  
Scientific Substantiation ◽  
The Right ◽  
The Church

The article analyzes the development of scientific thought on the administrative and legal support of relations between the state and the church, as well as reveals the current state of national administrative legislation in the field of religion. It has been established that in the doctrine of administrative law studies of administrative and legal support of relations between the state and the church are of a fragmentary nature. This has a negative impact on the administrative and legal regulation of public relations in the sphere of religion, on the effectiveness of public government bodies implementing state policy in the sphere of religion, and on the state of protection of believers in Ukraine. It is concluded that the state of scientific substantiation of administrative and legal support of the constitutional principles of relations between the state and the church remains unsatisfactory in Ukraine. It is substantiated that in modern conditions of society development, the church, despite all the restrictions enshrined in the constitutional principles of relations between the state and the church, is an active participant in administrative relations. However, the imperfection of the existing mechanisms for the implementation of the right to freedom of religion and the constitutional principles of state-church relations, as well as gaps in the current administrative legislation sometimes lead to the fact that in practice these constitutional provisions are either not implemented in practice or implemented in full or in part, which, in its turn leads to tensions in society over freedom of religion and the activities of religious organizations.

Giving effect to the human right to a clean environment in Botswana

2021 ◽  
Vol 23 (1) ◽  
pp. 23-39
Author(s):  
Tinashe Madebwe ◽  
Emma Chitsove ◽  
Jimcall Pfumorodze
Keyword(s):  
Environmental Protection ◽  
The State ◽  
Human Right ◽  
Environmental Rights ◽  
Environmental Deterioration ◽  
Clean Environment ◽  
The World ◽  
The Right

Environmental deterioration remains a concern in Botswana. Despite efforts being made to address this issue by the state, more needs to be done in this regard. This is particularly interesting in the light of reports that the country is looking to draft a new constitution. Against this backdrop, this article considers whether including environmental rights in Botswana’s constitution would advance environmental protection efforts. To this end, the article relies on experiences with rights drawn from different jurisdictions across the world, as well as commentary on these experiences, to build a tool for measuring the extent to which the turn to environmental rights holds value in a given jurisdiction. Using this tool, and drawing from experiences in looking to establish environmental rights in Botswana, the article measures the extent to which including the right in the constitution would hold value in advancing Botswana’s pursuit of environmental protection objectives.

Components of the economic sovereignty of the state

2021 ◽  
pp. 83-88
Author(s):  
Anna Turenko
Keyword(s):  
European Integration ◽  
Legal Regulation ◽  
The State ◽  
Basic Component ◽  
State Sovereignty ◽  
Significant Step ◽  
The Right

Economic sovereignty and its elements are analyzed in the article. It is emphasized that a significant step for rethinking approaches to the characteristics of the sovereignty of the state, in particular, the economic became European integration processes. On the example of tax sovereignty as a basic component of economic sovereignty, it is argued that state sovereignty and its realization depends not only on the right of state to independently decide on tax-legal regulation, but also on the nature of those measures selected by the state to carry out regulatory influences.

ADDITIONAL CONCLUSION ON A DISSERTATION

2021 ◽  
Vol 3 (3) ◽  
pp. 163-180
Author(s):  
А.V. Gabov
Keyword(s):  
System Analysis ◽  
Legal Regulation ◽  
Focus Of Attention ◽  
The State ◽  
State System ◽  
Federal Law ◽  
Current Regulation ◽  
Historical Method ◽  
The Right ◽  
Academic Degrees

Introduction: the article deals with the legal phenomenon of an additional conclusion on a dissertation that rarely comes into the focus of attention of domestic researchers, which is regulated in the Regulations on Awarding Academic Degrees and the Regulations on the Council for the Defense of Dissertations for the Degree of Candidate of Science, for the Degree of Doctor of Science. The relevance of the issue is explained by the ongoing processes of transformation of all the main elements of the state system of scientific certification. Purpose: to show the main elements of this institute, the problems of its regulation, including in connection with the changes made to the state system of scientific certification by Federal Law of 23 May 2016 No. 148-FZ “On Amendments to Article 4 of the Federal Law ‘On Science and State Scientific and Technical Policy’” (hereinafter – Law No. 148-FZ), as well as the directions for improving legal regulation of this institute. Methods: system analysis, historical method. Results: the goals of the institute of additional conclusions on the dissertation are revealed; marked defects in the regulation of additional conclusion on the dissertation; given the significant changes in the state system of scientific attestation in connection with the receipt of a number of organizations right of self-awarding degrees, as well as the accumulated practice of application of this institute, the directions of its improvement are formulated. Conclusions: according to the author of the article, the institute of additional conclusion should not be abandoned, it may well be in demand in the future and in the activities of organizations, those who have received the right to independently award academic degrees. The current regulation of the institute of additional conclusion requires complete renovation.

scholarly journals PROBLEMS OF LEGAL REGULATION OF THE USE OF POLYGRAPH IN THE SECURITY AND DEFENSE SECTOR OF UKRAINE

2021 ◽  
pp. 62-66
Author(s):  
S. Kazmiruk ◽  
I. Pampukha ◽  
N. Blyzniuk
Keyword(s):  
Armed Forces ◽  
Legal Regulation ◽  
The State ◽  
Political Activity ◽  
Control Procedure ◽  
Territorial Integrity ◽  
Linguistic Support ◽  
Military Security ◽  
The Right ◽  
Psychophysiological Detection

The year 2021 was proclaimed the year of the Euro-Atlantic transformation at the Department of Defense of Ukraine. The result of such transformational processes in the DoD of Ukraine and the Armed Forces of Ukraine will be the creation of the integrated Euro-Atlantic type defense institution that will ensure their obligatory transformation, together with the other subjects of the security and defense sector of Ukraine to the new standards functioning and the command and control procedure. In particular, the introduction of legal regulation of the use of the polygraph. Military security is one of the fundamental requirements to implement the right of the people of Ukraine on self-identification, preserve Ukraine as a state and secure its sustainable development. The protection of the sovereignty and territorial integrity of Ukraine is the utmost valuable function of the State. The fulfillment of this norm of the Constitution of Ukraine in terms of existential military threat to national security requires applying a number of measures and defensive actions that adhere to the principles and norms of international law. The main purpose of the Strategy of the military security of Ukraine is a preliminary prepared and comprehensively maintained all-encompassing defense of Ukraine based on the principles of deterrence, sustainability, and cooperation that ensures military security, sovereignty, and territorial integrity of the state by introducing innovative tools to detect hidden information. In the course of the Euro-Atlantic integration process, there is a critical moment to start carrying out specific, complex, and relevant tasks in the sphere of external political activity that facilitate the implementation of relevant directions in developing innovative systems aimed at identifying concealed and false information. Particularly, the linguistic support of events of defense and military cooperation in order to systematically implement the reforms of the security and defense sector that are directed to meet the international NATO-members' standards. It is also relevant to urgently implement the legal and ethical norms on the activity of the polygraph examiner's when performing a psychophysiological detection of deception using a polygraph.

The current state and prospects of development of legal support of hydraulic land reclamation

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Deineha Maryna ◽  
Keyword(s):  
Public Relations ◽  
Agricultural Land ◽  
Land Reclamation ◽  
Effective Interaction ◽  
Weather Conditions ◽  
Legal Regulation ◽  
The State ◽  
Information Support ◽  
Current State ◽  
Adverse Weather

The article is devoted to the analysis of the current state of the legislation of Ukraine in the field of hydraulic reclamation of lands, as well as to highlight the prospects for the development of legal support of the outlined sphere of public relations. It is established that hydraulic reclamation of lands contributes to increasing soil fertility, increasing productivity and sustainability of agriculture, creating a guaranteed food fund of the state. However, in recent years, the effectiveness of hydraulic land reclamation is declining, due to a number of reasons of objective and subjective nature: insufficient logistics and shortcomings in the operation of hydraulic structures, deterioration of ecological and reclamation of agricultural land, lack of interest and responsibility land users. These factors include incomplete use of scientific developments, insufficient information support, imperfect and outdated legal framework. Given the great importance of hydraulic land reclamation for the development of agriculture in the country, these relations require proper legal regulation. It is concluded that the problems of combating desertification, resource and food security of the state in years with adverse weather conditions, water supply of agriculture cannot be solved only by organizing land reclamation, because this problem is complex. In order to achieve the goals of the Irrigation and Drainage Strategy in Ukraine for the period up to 2030, it is necessary to ensure effective interaction of legal, organizational, economic and financial mechanisms of irrigation and drainage restoration in Ukraine within the framework of the identified priority areas. Keywords: land reclamation, hydraulic land reclamation, land irrigation, land drainage, agricultural lands

Environmental Problems and the State of Compliance with the Right to a Healthy Environment in a Mining Region of México

2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Violeta Mendezcarlo Silva ◽  
Manuel Alejandro Lizardi-Jiménez
Keyword(s):  
Heavy Metals ◽  
Industrial Development ◽  
Environmental Problems ◽  
The State ◽  
Healthy Environment ◽  
San Luis ◽  
Mining Region ◽  
San Luis Potosi ◽  
The Right ◽  
San Luis Potosí

AbstractThe objective of this article is to review the environmental problems in Mexican state of San Luis Potosí (mining region) and the state of compliance with the right to a healthy environment. Our study helps to demonstrate complexity of the environmental impact in a broader context, if it is repeated in other mining regions of the non-developing world. The findings include heavy metals as lead and arsenic, in soil, with neurotoxic and carcinogenic properties. Impact on the biota as a whole, decrease of the biological activity and enzymatic inhibition. Heavy metals, including arsenic, mercury, cadmium and lead, as a product of the metallurgical and foundry industry were detected in children of the city of San Luis Potosí. Water contaminated with fluorine and arsenic, product of the extensive drilling of water wells and the transfer of contaminants from the mining and metallurgical industry. Air contaminated with heavy metals product of mining and metallurgy and hydrocarbons in urban and rural areas. Plastics as a global problem, but with the absence of local diagnosis, despite having one of the main pollution factors: industrial development. Hydrocarbons as pollution with very little diagnosis, beyond environmental emergencies. There is no evidence that the right to a healthy environment is fulfilled in the State of San Luis Potosí.

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