scholarly journals Some issues about legal regulation regarding handling dangerous goods in maritime traffic

Pomorstvo ◽  
2020 ◽  
Vol 34 (2) ◽  
pp. 302-308
Author(s):  
Biserka Rukavina
Keyword(s):  
Oil Spills ◽  
Legal Regulation ◽  
Professional Service ◽  
Traffic Loading ◽  
Dangerous Goods ◽  
Maritime Traffic ◽  
Qualified Person ◽  
The Republic ◽  
Transport Of Dangerous Goods ◽  
Definition Of

This paper analyses Ordinance on handling dangerous goods, the conditions and method of transport in maritime traffic, loading and unloading of dangerous goods, bulk and other cargo in ports and the method of preventing the spreading of oil spills in ports especially in the segment of the definition of dangerous goods, the supporting documents accompanying the handling of dangerous goods as well as supervision of the application of protective and safety measures. The author also discusses the terminological inconsistencies of important conceptual definitions while highlighting possible solutions. The paper also researches the role of the professional service, i.e., the qualified person who supervises handling dangerous goods in ports and who as such, is considered as the responsible person. The possible duality of the legal regulation of handling dangerous goods with regard to the Act on Transport of Dangerous Goods is also being researched. The last part highlights the contribution of the European Maritime Safety Agency (EMSA) and the achievements of the Republic of Croatia in establishing a system for the exchange of data on dangerous goods. In conclusion, the author gives an assessment of the compliance of the Croatian legal norm on the handling dangerous goods with international and EU solutions and makes appropriate proposals.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

scholarly journals MINING AND BUSINESS ACTIVITIES: IN SEARCH OF THE BALANCE

2019 ◽  
pp. 73-82 ◽  
Author(s):  
I. V. Ershova ◽  
E. V. Trofimova
Keyword(s):  
Legal Regulation ◽  
Digital Economy ◽  
State Regulation ◽  
Entrepreneurial Activity ◽  
Advantages And Disadvantages ◽  
Layer Cake ◽  
Blockchain Technology ◽  
Private And Public ◽  
The Republic ◽  
Definition Of

The article reveals the content and outlines approaches to the definition of the legal nature of mining. Attention is drawn to the necessity of legal regulation of this activity, which is predetermined by the Federal Program «Digital Economy of the Russian Federation» — a project that provides for normative regulation of the digital environment. In order to support the mission to eliminate digital illiteracy, which is also envisaged in the National Program, the author elucidates the etymology and meaning of the term «mining» and considers various doctrinal interpretations of this concept. The paper presents such analogies of the blochchain technology as the public ledger, DNA, and a layer-cake for a better understanding of the blockchain technology that is associated with mining. Material-technical and organizational foundations of mining are revealed. The author demonstrates advantages and disadvantages of solo mining, pool mining, and cloud mining. The results of comparative monitoring of the attitude to the recognition of cryptocurrency as a means of payment are presented. Attention is drawn to the liberal legal regulation of blockchain technology and mining under the laws of the Republic of Belarus. The paper determines the stages of a law-making process aimed at legal support of mining in Russia. Based on the results of comparison of concepts of entrepreneurial activity and mining, it is concluded that mining represents one of new types of entrepreneurship brought to life due to the needs of digital economy. The author suggests thatmining participants be recognized as self-employed persons. It is noted that the entrepreneurial nature of mining arises questions concerning measures of its state regulation which is difficult within the framework of the existing paradigm, but should be built on the basis of a balance between private and public interests.

scholarly journals Improvement of legal regulation of foreign economic transactions in the Republic of Uzbekistan

2020 ◽  
Vol 1 (2) ◽  
pp. 94-104
Author(s):  
Dilfuza Imamova
Keyword(s):  
Foreign Currency ◽  
Legal Regulation ◽  
State Regulation ◽  
Applicable Law ◽  
Arbitration Clause ◽  
Commercial Enterprise ◽  
The Republic ◽  
Contract Language ◽  
Definition Of ◽  
Economic Transaction

The article deals with issues related to improving the legal regulation of foreign economic transactions in the Republic of Uzbekistan. It is determined that foreign economic transaction is a transaction in which one party is a foreign company or a commercial enterprise located in another state, the trade focused on the import or export abroad and to use in settlements with counterparty foreign currency. It was found out that some types of foreign economic transactions are not reflected in the national legislation of the Republic of Uzbekistan, namely distribute and forfeiting contracts. The article notes that there are various problems associated with the incorrect formation of the terms of foreign economic transactions, their content and requirements, in particular when reflecting the applicable law, the arbitration clause, determining the advantages of the contract language, the application of non-state regulation. It is concluded that it is necessary to regulate the definition of applicable law in relation to certain types of foreign economic transactions that are not reflected in the Сivil code of the Republic of Uzbekistan, namely, in relation to distribution and forfeiting contracts, certain types of foreign economic transactions, internet auctions, internet contests or internet exchanges. Based on the study of foreign experience and scientific and theoretical views, ways to improve legislation in the field of settlement of certain types of foreign economic transactions were investigated. Based on the results of the analysis, relevant conclusions were drawn and proposals were developed for the current legislation.

scholarly journals Revisiting the notion of “sustainable tourism” for legal regulation purposes in Russian Federation and Republic of Belarus

2020 ◽  
Vol 208 ◽  
pp. 06004
Author(s):  
Vitali Maksimeniuk ◽  
Roza Timakova
Keyword(s):  
Public Relations ◽  
Social Development ◽  
Russian Federation ◽  
Sustainable Tourism ◽  
Legal Regulation ◽  
Sustainable Tourism Development ◽  
Contemporary Issue ◽  
The Russian Federation ◽  
The Republic ◽  
Definition Of

The article considers theoretical aspects of a most important contemporary issue, i.e. modern approaches to sustainable tourism. The study shows the main relationships of the phenomenon with sustainable economic and social development. The research results in identification of the essential characteristics (signs) of sustainable tourism, i.e. for the legal regulation purposes. The concept of “sustainable tourism” for deliberate influence of the state on public relations in tourism using special legal means and methods was defined. The conclusions may improve the current regulatory framework of the Russian Federation and the Republic of Belarus. Changes and additions to the national laws on tourism are suggested and justified. They relate to introduction of the definition of the concept of “sustainable tourism” and inclusion of the principle of sustainable tourism development.

Aktuálna slovenská právna úprava trestných činov proti republike

2021 ◽  
Author(s):  
Peter Polák
Keyword(s):  
Legal Regulation ◽  
Basic Concepts ◽  
The Republic ◽  
Definition Of

The contribution deals with current legal regulation of criminal acts against the republic. In terms of general characteristics of these criminal acts their purpose and significance is explained. In terms of a more concrete characteristics of criminal acts against the republic the focus is directed to a definition of basic concepts of facts of crime and other concepts. In the text there are mentioned also theoretical and applicational issues related to legal regulation of these criminal acts.

scholarly journals SOCIAL SECURITY OF THE REGION: NEW APPROACHES TO ITS ASSESSMENT AND DEFINITION OF THRESHOLD INDICATORS

2021 ◽  
Vol 45 (4) ◽  
pp. 19-27
Author(s):  
I.K. Polyanskaya ◽  
◽  
O.E. Malykh ◽  
Keyword(s):  
Social Security ◽  
Social Protection ◽  
Legal Regulation ◽  
Noticeable Increase ◽  
Social Risks ◽  
Republic Of Bashkortostan ◽  
The Social ◽  
Economic Migration ◽  
The Republic ◽  
Definition Of

The aim of the study is to assess the level of social security in the Republic of Bashkortostan to determine the most possible social risks and develop recommendations for their minimization. The authors use methods of statistical analysis, calculation and analysis of social, economic, demographic indicators and materials provided by the Russian region. According to the results of the study, the authors determined the actual values of indicators that determine the level of social security of the Republic of Bashkortostan in 2015–2019 and revealed deviations from the threshold values of indicators with a trend of exceeding and decreasing. The study concludes that the most significant risks for the social security of the region are a noticeable increase in problems associated with material and social inequality, an increase in urbanization, an aging population and an increase in economic migration. The results of scientific research and the model of social security developed on their basis can be used by regional executive bodies performing functions for the development and implementation of state policy, in the legal regulation of the social sphere, in the development of measures to minimize social protection risks.

scholarly journals RULES ON INCHOATE CRIME IN THE CRIMINAL LEGISLATION OF THE REPUBLIC OF BELARUS

2016 ◽  
pp. 0-0
Author(s):  
Василий Некрасов ◽  
Vasiliy Nekrasov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Code ◽  
The Russian Federation ◽  
The Republic ◽  
Definition Of ◽  
Criminal Legislation ◽  
Tools And Techniques

The article analyzes the issues of differentiation of responsibility and norm design technique on inchoate crime in the criminal legislation of the Republic of Belarus. The author examines the legislative definition of preparation for a crime, attempted crime and voluntary renunciation of criminal purpose. As a result of the study the author has found out the main methods and means of legislative technique, used by the Belarusian legislator. These are abstract and casuistic methods, the terminology of the criminal law and several others. Comparison of legal regulation of norms on unfinished crime in the Criminal code of the Republic of Belarus and the Criminal code of the Russian Federation has allowed to identify gaps made by the legislators of both countries in application of specific tools and techniques of legislative drafting. Court practice of the Republic of Belarus in cases of preparation for a crime and attempted crime also was analyzed in present article. The author has evidentiated the means of differentiation of the responsibility for committing inchoate crime, used by the Belarusian legislator. The definitions “inchoate crime” and “stage of the crime” were also analyzed in present study. As a conclusion the author has made the recommendations for improving the criminal legislation of the Russian Federation and the Republic of Belarus on regulation of criminal responsibility for an inchoate crime.

scholarly journals CONCEPTUAL FRAMEWORK FOR THE LEGAL PROTECTION OF SUBSOIL

2021 ◽  
pp. 152-157
Author(s):  
A. V. Sleptsov
Keyword(s):  
Conceptual Framework ◽  
Natural Environment ◽  
Legal Protection ◽  
Legal Regulation ◽  
Basic Component ◽  
Point Of View ◽  
Rational Use ◽  
Environmental Focus ◽  
The Republic ◽  
Definition Of

The article is devoted to the analysis of the legal protection of subsoil. Based on the analysis of legislation, the author distinguishes the theoretical features of the concepts of "subsoil" and "legal protection of subsoil," an attempt was made to formulate an author's definition of these concepts. The author concludes that it is necessary to recognize the subsoil as an object of environmental and legal protection, taking into account their properties not only as a repository of minerals, energy and other resources, but also as a complex and basic component of the natural environment. The author believes that from the point of view of the interests of subsoil protection, it is advisable to distinguish between the requirements for ensuring the rational use of subsoil and the requirements aimed directly at the protection of subsoil, with the separation of the latter into a separate article of the Subsoil Code of the Republic of Belarus "Subsoil Protection," which will contribute to the development of the environmental focus of legal regulation in this area.

scholarly journals Legal regulation of dispute consideration features by arbitration courts in the Republic of Tajikistan (regulation of dispute resolution procedure)

2020 ◽  
pp. 250-261
Author(s):  
Vladimir Gavrilenko
Keyword(s):  
Dispute Resolution ◽  
Legal Regulation ◽  
Comprehensive Analysis ◽  
Resolution Process ◽  
Dispute Resolution Process ◽  
Settlement Agreement ◽  
Arbitral Proceedings ◽  
The Republic ◽  
Definition Of ◽  
Interim Measures

The work is devoted to the analysis of legal regulation of the disputes consideration procedure by arbitration courts in the Republic of Tajikistan. We comment on the content of the Law of the Republic of Tajikistan “On Arbitration Courts” dated January 5, 2008 no. 344. We provide an itemized commentary on the provisions of the above-mentioned law, which directly regulates the dispute resolution process by the arbitration court. In addition to the main issues related to the statement of claim, other requirements for the statement of claim are described, which are regulated by the arbitration rules. We carry out a comprehensive analysis of the procedure for submitting feedback on the statement of claim. We illustrate issues related to the competence of the arbitration court. We note that this is an important innovation of commented law, since the previous legislation did not consider the competence of the arbitration court. We assign a separate place to the definition of the arbitration rules, the arbitration language, and the arbitration confidentiality. We assign a separate place to the definition of the arbitral proceedings rules, the arbitral proceedings language, and the arbitral proceedings confidentiality. The features of applying interim measures are described. We consider the procedure for presenting evidence, as well as the features of the parties' participation in the arbitration court. We analyze the procedure for the appointment and submission of expertise. In addition, the regulation of the meeting protocol of the arbitration court is described. Attention is also drawn to the prohibition of bonded terms of the settlement agreement for any of the parties.

scholarly journals Public order as a social good protected from hooliganism by the criminal law of the Republic of Armenia

2021 ◽  
Vol 2021 (1) ◽  
pp. 110-114
Author(s):  
Sergey Denisov ◽  
Hovhannes Jumshudyan
Keyword(s):  
Interpersonal Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Criminal Code ◽  
Public Order ◽  
Social Good ◽  
Legal Literature ◽  
Moral Standards ◽  
The Republic ◽  
Definition Of

The article is devoted to the study of the essence of public order as the object of legal protection against hooliganism. Public order as a complex differentiated category is formed from numerous volitional relationships between people in society being manifested in their behavior and actions as a result of their conscious activity. The state adopting certain laws exerts considerable influence on interpersonal relations monitoring their compliance and execution. Public order as the object of criminal legal protection from hooliganism is a complex socio-legal category based on the relations between members of society and their obedience to moral standards indicating the relevance of the topic of the article. The article examines the definition of the concept of «public order» expressed by the Court of Cassation of the Republic of Armenia, as well as views put forward in the legal literature of the Republic of Armenia and the Russian Federation. The concept of «public order» is considered in both broad and narrow meanings. In addition, the problems of possible social regulators that determine the criteria for acceptable behavior of an individual within the framework of public order are discussed. In the field of constitutional and legal regulation, the currentle gislation of the Republic of Armenia on public order, in particular the legal acts defining the criteria for permissible behavior of an individual within the framework of public order, has been investigated. As a result of the study, proposals to bring the concept of «public order» used in Article 258 of the Criminal Code of the Republic of Armenia into line with the principle of legal certainty were made.

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