scholarly journals Administrative and Legal Protection of the Rights of Cosmetological Services’ Consumers

2020 ◽  
Vol 91 (4) ◽  
pp. 213-225
Author(s):  
V. І. Teremetskyi ◽  
A. I. Sadovenko
Keyword(s):  
Legal Protection ◽  
International Standards ◽  
Cosmetic Products ◽  
Ministry Of Health ◽  
Legal Norms ◽  
Industry Standard ◽  
Provision Of Services ◽  
Effective System ◽  
Definition Of ◽  
Legal Mechanism

The purpose of the study is to define the concept and content of administrative and legal protection of the rights of consumers of cosmetological services, as well as to develop propositions to improve domestic legislation in this area. The violation of the rights of consumers of cosmetological services and cosmetic products has been analyzed. On this basis the author has concluded that there is no effective system of protection of their rights. The authors have formulated own definition of the term of “administrative and legal protection of the rights of consumers of cosmetological services”. It has been established that the object of administrative and legal protection is the violated rights and interests of consumers of cosmetological services. Elements of administrative and legal mechanism of the protection of the rights of consumers of cosmetological services have been singled out, which include administrative and legal norms, subjects endowed with relevant administrative powers in the field of protection of the rights of consumers of cosmetological services, means, measures and procedural actions aimed at restoring violated rights of cosmetological services’ consumers, as well as administrative liability. The authors have elaborated propositions for improving regulatory acts regulating the production and circulation of cosmetic products and regulating the provision of services in Ukraine. The expediency of making changes to the Handbook of Qualification Characteristics of Occupations of Employees, approved by the order of the Ministry of Health of Ukraine dated from March 29, 2002 No. 117, by providing the profession of cosmetologist and developing appropriate qualification requirements for this profession. It has been offered to update the industry standard of Ukraine GSTU 201-05-97 “Services of a Cosmetologist. General Technical Conditions” and State Sanitary Rules and Norms 2.2.9.027-99. In order to bring cosmetic products produced and used on the domestic market in accordance with the requirements of international standards, it has been offered to approve the draft Technical Regulations for cosmetic products, published by the Ministry of Health of Ukraine on the official website.

scholarly journals Peculiarities of Using International Legal Standards in the Field of Ensuring the Rights of Persons Sentenced to Deprivation of Freedom in Ukraine

2020 ◽  
Vol 91 (4) ◽  
pp. 158-169
Author(s):  
O. S. Pochanska
Keyword(s):  
Human Rights ◽  
General Education ◽  
Legal Status ◽  
Legal Protection ◽  
International Standards ◽  
Social Adaptation ◽  
Legal Norms ◽  
Legal Standards ◽  
Effective System ◽  
Characteristic Features

It is established that international standards in the field of human rights are developed by international organizations and institutions, specified in the process of law enforcement of international judicial agencies, and subsequently applied in certain national systems, directly influencing the development of legislation and national practice of protecting the convicts. It is noted that international standards for ensuring the rights of persons sentenced to imprisonment define the mandatory or recommended for states normative minimum legal status of a convict, including his legal protection and the relevant legalities and responsibilities of state agencies and officials. The content and characteristic features of international legal standards in the field of human rights are determined. The main forms of using international legal norms, principles, rules and recommendations on the legal status of persons sentenced to imprisonment in the national legislation of Ukraine are highlighted; their content is analyzed. It is emphasized that the practical solution to the problem of application of international standards of convicts’ treatment in the penitentiary system of Ukraine, in particular, provides: prevention of prohibited methods of treatment of convicts that degrade their human dignity; ensuring the legality of the activities of the staff of penitentiary institutions and agencies; bringing the conditions of detention of convicts into compliance, providing proper medical care, general education and vocational training of convicts, etc.; creation of an effective system of resocialization and social adaptation of convicts; expansion of public control over the observance of the rights of convicts while serving a criminal sentence in the form of imprisonment.

scholarly journals ADMINISTRATIVE LAW MECHANISM FOR THE IMPLEMENTATION OF PRIVATE INTERESTS

2020 ◽  
Vol 1 (37) ◽  
pp. 57
Author(s):  
L. Konduforova
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Administrative Law ◽  
Legal Norms ◽  
Private Interests ◽  
The Subject ◽  
Definition Of ◽  
Legal Mechanism ◽  
Structural Methods

The subject of the article is the determination of the essence of the administrative-legal mechanism for the implementation of private interests. The purpose of the article is to formulate the concept of this mechanism and to determine its elements. This goal led to the use of formal-dogmatic and system-structural methods with which the author determines the structure of the administrative-legal mechanism for the implementation of private interests. The author offers his own definition of administrative and legal mechanism for the implementation of private interests. The results of the study can be used in legislative work in the field of protecting the rights and freedoms of participants in public relations, as well as in law enforcement.Key words: administrative-legal mechanism, administrative-legal relations, administrative-legal norms, private interests, public administration, administrative-legal means.

scholarly journals On the concept of international standards of public-private partnership

2021 ◽  
pp. 15-25
Author(s):  
Svetlana Valentinovna Maslova
Keyword(s):  
International Organizations ◽  
Intergovernmental Relations ◽  
Legal Regulation ◽  
Public Private Partnership ◽  
International Standards ◽  
Regulatory Function ◽  
Private Partnership ◽  
Legal Norms ◽  
Cross Border ◽  
Definition Of

The scope of international legal regulation of public-private partnership (PPP) is being expanded due to the extended range of intergovernmental relations and relations involving international organizations of public-private partnership, as well as extension of the scope of international law to cross-border relations regarding PPP. A relatively small number of international conventional rules and legal norms that regulate the relations in the sphere of public-private partnership have not yet been codified in the form of a multilateral international treaty. Gaps in the international legal regulation activate non-formal processes of managing international and cross-border relations in the sphere of public-private partnership with prevalence of the international intergovernmental organizations. The scientific novelty lies in articulation of the problem of formulation and application of the international standards of public-private partnership as the results of such non-formal processes of international rulemaking of international organizations. Using the formal legal and comparative legal methods, generalization and abstraction, the author formulates the definition of international standards of public-private partnership, discloses their content and difference from the international standards in other spheres of international relations, assesses their legal nature, problems and prospects of their formation. It is substantiated that the development of international standards of public-private partnership would be facilitated by establishment of their adoption procedure in the conditions of cooperation of all international organizations that perform a regulatory function in the sphere of public-private partnership.

INTERNATIONAL STANDARDS FOR THE RIGHTS OF PERSONS WITH DISABILITIES IN THE CONTEXT OF HUMAN RIGHTS

2021 ◽  
Vol 65 (04) ◽  
pp. 160-163
Author(s):  
Lala Ahad Mammadova ◽  
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
People With Disabilities ◽  
Severe Disabilities ◽  
International Standards ◽  
Modern World ◽  
Persons With Disabilities ◽  
Legal Norms ◽  
Non Governmental Organizations ◽  
The World

People with disabilities are the most vulnerable and most disadvantaged group in the world. It is estimated that more than a billion people, or about 15% of the world's population, live with some form of disability. More than 250 million older people have moderate or severe disabilities. Disability in the modern world has manifested itself as one of the global problems affecting the interests of almost all spheres of activity, but despite the existing national, regional and international legal norms, as well as the activities of international organizations and the efforts of non-governmental organizations around the world, belonging to people with disabilities human rights are still not adequately respected. This article discusses such important aspects, as discrimination faced by people with disabilities, formation of international legal protection of the rights of persons with disabilities and implementation of international documents in national law by states. Key words: disability, human rights, discrimination, social equality, legal protection

scholarly journals OBLIGATION TO SUPPORT DISABLED PERSONS IN COMPLIANCE WITH THE PRESENT INTERNATIONAL LEGAL NORMS AND OTHER INTERNATIONAL PROVISIONS

2019 ◽  
Vol 5 (4) ◽  
pp. 155
Author(s):  
Ehor Nazymko ◽  
Olena Nazymko
Keyword(s):  
Older Persons ◽  
Legal Status ◽  
Legal Protection ◽  
Disabled Persons ◽  
International Standards ◽  
Persons With Disabilities ◽  
National Legislation ◽  
Legal Norms ◽  
Legal Method ◽  
The Disabled

One of the fundamental social, socio-forming institutions, which are strictly protected, including through the relevant rules of the current law, is the longstanding institute of support for persons who are unable to provide for themselves through the special disability or incapacity at all. A very important socio-institutional and socio-regulatory component of such an institution is a social consensus about the support of people with physical disabilities, which is constantly reproduced and permanently required by social communities. Among many components of the mentioned consensus, of great importance was also the indispensable obligation to carry out the full, decent or at least minimally necessary financial and material and other such support, provided by law and moral and ethical tradition, first by the parents of their young and minor children, and then, in turn, by adult, legally capable children of their older persons, including disabled, socially vulnerable parents. In spite of the necessity of careful treatment by society towards the disabled, in each country, this obligation is regulated in different ways. Therefore, it seems appropriate to analyse the obligation to keep disabled persons within the meaning of current international law and other international provisions. Methodology. The goal is solved using the cognitive potential of the system of philosophical, scientific, and special methods. The analysis and synthesis made it possible to identify the signs of incapacity for work and the specifics of the responsibilities for the maintenance of disabled persons. The methods of grammatical consideration and interpretation of legal norms have contributed to the identification of universal legal constructs that can be used in the national legislation of any sovereign country of the world. The comparative-legal method allowed determining the directions of development of national legislation of sovereign countries in order to bring them into conformity with generally accepted international standards. Practical implications. The peculiarities of the social and legal status of disabled persons require scientists to develop consistent measures of the proper legal protection of their rights. This requires establishing a clear contentspectral relationship between the concepts of such vulnerable, helpless social-group categories as “older persons”, “persons with disabilities”, and “mentally retarded persons”, which implies a broad socio-physical contextual concept of “disabled person”. The national legislation of each sovereign country should provide for a mechanism developed at the international level for collecting funds for the benefit of certain socially vulnerable persons, including the disabled.

scholarly journals THE PROBLEM OF DETERMINING PRIORITIES OF ECOLOGICAL AND LEGAL PROTECTION: NATURE AND HUMAN HEALTH AS OBJECTS OF LEGAL

2017 ◽  
Vol 21 (1) ◽  
pp. 177-183 ◽  
Author(s):  
E. V. Vorontsova
Keyword(s):  
Legal Protection ◽  
Environmental Safety ◽  
Legal Regulation ◽  
Point Of View ◽  
Nature Protection ◽  
Legal Norms ◽  
The World ◽  
Ecological Relations ◽  
Environmental Relations ◽  
Legal Mechanism

The paper is devoted to the problematic issues of the legal regulation of nature protection activities in the Russian Federation. The author notes that a sharp deterioration of the ecological situation indicates a crisis of the previously existing paradigm of human-environmental interaction. Therefore, the situation requires full-scale measures within the state's environmental strategy. However, the change of the environmental state policy as a whole and the improvement of the legal mechanism of environmental relations in particular encounters a number of theoretical and practical problems, which have not been solved. The author pays attention to the problem of determining the priorities of environmental and legal protection, which is very important in the process of establishing the optimal ratio in the "human-nature" relations. The result of solving the problems influences the objectives of the state environmental policy, as well as the objectives of the Environmental Safety Strategy. The author analyzes the main aspect of the considered problem, the essence of which is ambiguity of the fundamental object in ecological relations. It is noted that today there are two points of view on this issue in the Russian legal science. According to the first one, the object of legal protection is exclusively environmental interests of a man. Accordingly, the protection of nature must be carried out exclusively in the interests of his life and health. Supporters of the second point of view believe that the nature as a whole should be a priority in legal protection. The author notes that the choice of a particular conceptual position (and, accordingly, the priority of environmental and legal protection) depends on the world outlook on the role and place of a man in the world. At the same time, problems of a technical and legal nature, connected with internal logic and subordination of legal norms regulating ecological relations worsen the situation. The author concludes that there are internal contradictions in the mechanism of legal protection of the environment.

scholarly journals Tasks and Functions of the Subjects of Guaranteeing Rights of Persons Sentenced to Imprisonment in Ukraine

2020 ◽  
Vol 9 (28) ◽  
pp. 92-99
Author(s):  
Serhii Bortnyk ◽  
Tatiana Korniakova ◽  
Kyrylo Muraviov ◽  
Olesia Marchenko
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Social Protection ◽  
International Standards ◽  
Legal Analysis ◽  
Legal Method ◽  
Security Control ◽  
Effective System ◽  
Protection Of Human Rights ◽  
Legal Mechanism

The purpose of the article is to identify the entities of ensuring the rights of citizens sentenced to imprisonment in Ukraine, as well as to analyze their tasks and functions. During the writing of the article, such methods of scientific knowledge as: comparative-legal, legal analysis, dialectical, system-structural, logic and legal method were used. The main entities of ensuring and protection the rights of citizens sentenced to imprisonment in Ukraine are identified. It is stated that the protection of the rights and freedoms of persons sentenced to imprisonment is done through an extensive system of state and non-state entities whose activity is aimed at the implementation of state policy in this field. It is proposed to classify the entities of protection of human rights and citizens, in particular they are divided into two main groups, namely who: a) are endowed with relevant functions on behalf of the state; b) perform certain functions as civil society institutions. The basic tasks of such entities are analyzed and their functions are defined and systematized (content characterization is provided). All functions of the entities of ensuring the rights of persons sentenced to imprisonment are divided into basic (normative, security, control) and additional (educational, re-socialization, social protection, prevention). It is concluded that the legislative consolidation of the tasks and functions of such entities is a prerequisite for the establishment of an effective system of ensuring the rights and freedoms of convicted persons. Such a legal mechanism must comply with universally recognized international standards in the field of the protection of human rights and freedoms.

scholarly journals Tanggung Jawab Hukum Pelaku Usaha Atas Peredaran Kosmetika Yang Diduga Mengandung Bahan Berbahaya Dan Tidak Memenuhi Standart Mutu Menurut Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Kosumen (Studi Kasus Produk Kosmetika Hasil Rilis BPOM)

2019 ◽  
Vol 2 (2) ◽  
pp. 1450
Author(s):  
Dede Afandi Hamid ◽  
Ermanto Fahamsyah
Keyword(s):  
Human Body ◽  
Cosmetic Products ◽  
High Quality ◽  
Ministry Of Health ◽  
The Public ◽  
Legal Instrument ◽  
Definition Of

UUPK has explained that the legal instrument which protect the consumers was not intended to shut off the business of businessmen. But actually it becomes a Healthy Business Season and becomes a strong company in facing up the rivalry through the supply of high quality goods and services.Human was perfectly created by God. The willingness in  every human  to appear more attractive and perfect has become a trend, not only for women but also men as well as teenagers that we are  called “millennials” becomes a proper things.The definition of cosmetic under The Regulation of Ministry of Health 1175/2010 about the cosmetic production permit is the ingredients and preparations to be used on the outside of the human body (epidermis, hair, nails, mouth, and outer genital organs). Head of BPOM appeals to the public to be smart consumers in choosing cosmetics. During 2018, BPOM has foreclosed illegal cosmetics worth 106.9 billion rupiah. In that Case, BPOM asked to the public to avoid some cosmetic products.

scholarly journals Constitutionalization of the right to strike

2020 ◽  
Vol 58 (4) ◽  
pp. 74-97
Author(s):  
Filip Bojić
Keyword(s):  
Collective Action ◽  
Critical Review ◽  
Comparative Law ◽  
International Standards ◽  
Basic Form ◽  
Legal Norms ◽  
Work Stoppage ◽  
Similarities And Differences ◽  
Definition Of ◽  
The Right

In anticipation of a new law that would regulate in detail, and in accordance with international standards and practice, the right of employees to strike, the author tries to consider certain important aspects of that right, as the basic form of collective action of employees. Therefore, the paper raises the issue of constitutionalization of the right to strike in domestic and comparative law, and at the same time problematizes the definition of the concept of strike by constitutional and legal norms. In order to better understand the problem, and in connection with the constitutionalization of the right to strike, using the comparative law method of research, special attention is paid to the constitutional guarantees of the right to strike in comparative law. Also, the author tries to theoretically determine the concept of strike, as well as to point out the important elements of the strike that are stated in certain scientific discussions. Finally, a critical review was given to the issue of regulating this right in our area in the period of self-governing socialism, when this right was not regulated by constitutional norms or a special law, and the similarities and differences between the concept of strike and the concept of work stoppage were analyzed.

PENAL PROCEDURE AND ITS PLACE IN REGULATORY SYSTEM

2021 ◽  
pp. 95-100
Author(s):  
Павел Сергеевич Солоницын
Keyword(s):  
Regulatory System ◽  
Criminal Procedure ◽  
Point Of View ◽  
Constitutional Rights ◽  
Criminal Punishment ◽  
Legal Norms ◽  
The Status ◽  
Definition Of ◽  
Criminal Legislation ◽  
Legal Mechanism

В статье анализируется соотношение материальной процедуры уголовно-исполнительного права с уголовно-процессуальным и уголовным законодательством. Делается вывод об оригинальном характере материально-правового регулирования, применяемого в нормативной системе исполнения уголовных наказаний. Уголовно-правовые нормы напрямую воздействуют на процесс исполнения наказания, поскольку их применение судом при назначении наказания связано с определением его основных параметров. Уголовно-правовые нормы, относящиеся к наказанию, являются составной частью комплексной отрасли уголовно-исполнительного права. Будучи нормативными предписаниями, они влияют на степень исправления осужденного уже после вступления приговора в законную силу. Вместе с нормами, определяющими статус гражданина в период отбывания им наказания, они составляют содержание ограничений конституционных прав и свобод в этот период. Уголовно-исполнительная процедура как часть правового механизма определяет порядок реализации ограниченных наказанием прав и свобод, исполнение обязанностей, взаимодействие осужденных с должностными лицами исправительных учреждений. Опровергается точка зрения на уголовно-исполнительное право как завершающую стадию уголовного процесса. Вопросы, разрешаемые на стадии исполнения приговора судом, по правилам УПК РФ не имеют отношения к процедуре исполнения уголовного наказания. Делается общий вывод о том, что уголовно-исполнительная процедура: а) представляет собой нормативно установленную модель поведения осужденных в рамках исполнения в отношении них конкретного наказания; б) состоит из актов поведения осужденных, нормативно установленной деятельности сотрудников учреждений и органов УИС; в) нацелена на достижение социально значимого результата - исполнения назначенного судом наказания; г) является критерием оценки степени исправления осужденных как одной из главных целей уголовного наказания; этот критерий является не только социальным, но и юридическим, поскольку влияет на возможность условно-досрочного освобождения и на положительное решение иных вопросов, возникающих на стадии исполнения наказания, а также при фактическом его отбытии (например, назначение административного надзора). The correlation of the material procedure of the criminal executive law with the criminal procedure and criminal legislation are analyzed in the article. The conclusion is made about the original nature of the substantive regulation applied in the normative system of execution of criminal punishments. Criminal legal norms directly affect the process of the execution of punishment, since their application by the court when imposing a punishment is associated with the definition of its main parameters. Criminal law rules related to punishment are an integral part of the complex branch of criminal executive law. As normative prescriptions, they affect the degree of correction of the convicted person after the entry into force of the sentence. Together with the norms that determine the status of a citizen during the period of serving his sentence, they constitute the content of restrictions on constitutional rights and freedoms during this period. The penal procedure as part of the legal mechanism determines the procedure for the implementation of rights and freedoms limited by punishment, the performance of duties, the interaction of convicts with officials of correctional institutions. The point of view on the criminal-executive law as the final stage of the criminal process is refuted. The issues resolved at the stage of execution of the sentence by the court according to the rules of the Criminal Procedure Code of the Russian Federation are not related to the procedure for the execution of criminal punishment. The general conclusion is made that the penal procedure: a) is a normatively established model of the behavior of convicts in the framework of the execution of a specific punishment in relation to them; b) consists of acts of conduct of convicts, statutory activities of employees of institutions and bodies of the penal system; c) is aimed at achieving a socially significant result - the execution of the punishment imposed by the court; d) is a criterion for assessing the degree of correction of convicts, as one of the main goals of criminal punishment; this criterion is not only social, but also legal, since it affects the possibility of parole and the positive solution of other issues that arise at the stage of execution of a sentence, as well as during its actual serving (for example, the appointment of administrative supervision).

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