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1
Brezovnik, Boštjan. "Contradictions in the Concept of Public Institutes in Slovenian Legislation." Lex localis - Journal of Local Self-Government 12, no. 2 (April 16, 2014): 311–27. http://dx.doi.org/10.4335/12.2.311-327(2014).
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In the legislation in force on Slovenian territory, public institutes as a legal form of carrying out statutory utilities have a colourful history. Initially, they became very widespread in the 1950’s, when they were being established as independently financed institutes in many public service fields. With the introduction of a new constitutional and social-political system after 1991, the legislator introduced a special organisational model for the provision of non-profit activities, namely both for those that were to be performed in the public sector – as statutory utilities, as well as for those that were to be performed in the private sector – as non-profit activities. For the public sector, a form of public institutes was asserted, and a form of private institutes for the private sector. The purpose of this text is to display the legal status, assets, management and financing of public institutes in Slovenian legislation.
2
Kashkarov, A. A., and A. A. Kashkarov. "CRIMINAL LAW PROTECTION OF THE STOCK MARKET IN THE STATES OF THE EUROPEAN UNION." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7 (73), no. 2 (2022): 147–51. http://dx.doi.org/10.37279/2413-1733-2021-7-2-147-151.
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The scientific publication examines the mechanisms of criminal law protection of the securities market in such states as: the Federal Republic of Germany (hereinafter referred to as Germany or the FRG) and the French Republic (hereinafter referred to as France). The publication substantiates why the legislation of France and Germany is taken as the basis for the scientific analysis of the criminal law protection of the stock market in this publication. A comparative legal analysis of the criminal legislation of France and Germany with the domestic criminal legislation is carried out. The fact is illustrated that, unlike domestic criminal legislation, the criminal legislation of France and Germany is not based on one source — the criminal code, but contains the so-called comparative criminal legislation, which, in addition to regulating positive public relations, provides criminal legal protection of the stock market and public relations in the sphere of issue and circulation of securities, thus, the article analyzes not only the norms of the criminal codes of Germany and France, but also the norms of corporate criminal law of these states.
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Trouille, Helen. "Private Life and Public Image: Privacy Legislation in France." International and Comparative Law Quarterly 49, no. 1 (January 2000): 199–208. http://dx.doi.org/10.1017/s0020589300064034.
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In October 1998, at the height of the Monicagate scandal, the publication by the French publisher Plon of a novel which recounts the adulterous relationship in the 1960s between a politician bearing a marked resemblance to Francois Mitterrand, and a journalist, provided an interesting comparison between the attitudes of the French and of the Americans to the romantic dalliances of their respective leaders. For Jeanne Dautun's work of fiction Un ami d'autrefois is most certainly no Monica's Story, and French reactions to their President's lengthy extra-marital relationship with Anne Pingeot have been at the very least understanding, if not even compassionate. In France, the small gathering of graveside mourners amongst whom Mitterrand's mistress and illegitimate daughter Mazarine took their places shocked no-one, although many an eyebrow was raised in the United States. In truth, Mitterrand manipulated the release of information about his private life all along the line, “coming clean” only progressively with his approaching death. Although the general public knew nothing of his double life, journalists had been very much aware of the existence of this second family for a great many years, but had revealed nothing. The respect of his privacy in this relationship and the reactions of fellow French politicians to his unashamed infidelity contrast sharply with the fate reserved for Bill Clinton, the indiscretions of his private life exposed in the nation's press for all to enjoy. We may ask ourselves if French journalists are perhaps more gentlemanly, less cut-throat than their Anglo-Saxon counterparts. Or are the cliches which describe latins as inveterate romantics and lovers true after all? Or are these irrational judgments supported by powerful French legislation protecting the individual's right to privacy? This article aims to examine the main texts relating to infringements of privacy in France, highlighting in particular those committed by the press against public figures and celebrities.
4
Goncharov, Denis Yur'evich. "Classification of factors determining criminality in the sphere of housing and utilities infrastructure." Полицейская и следственная деятельность, no. 1 (January 2021): 14–25. http://dx.doi.org/10.25136/2409-7810.2021.1.35562.
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The research object is criminality in the sphere of housing and utilities infrastructure. The research subject is the combination of factors determining criminality in this sphere. The topicality of such a classification is conditioned by a special role of the housing and utilities infrastructure in the country’s economy. All crimes committed in the housing and utilities infrastructure, trespassing upon property, also threaten public safety. The author uses general scientific methods of dialectics, analysis and generalization, as well as specific methods of summarizing and grouping. The author formulates the classification of factors determining criminality in the sphere of housing and utilities infrastructure. The classification is based on the distinction between objective (external) and subjective (internal) factors. The former ones are historically determined, i.e. caused by the existing mechanisms functioning in the sphere, which can be overwhelmed only by means of reforming the regulating legislation and modernizing the engineer infrastructure. The latter ones are caused by the drawbacks in the organization of public authorities supervising the housing and utilities infrastructure, and law enforcement bodies. The proposed determination system allows organizing comprehensive and targeted planning of measures preventing this type of criminality.
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KIM, NAM WOOK. "Tax Improvement for Inmates for Public Utilities." Korean Public Land Law Association 100 (November 30, 2022): 43–79. http://dx.doi.org/10.30933/kpllr.2022.100.43.
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So-called project operators such as the State, local governments, Land and Housing Corporation, and Urban Development Corporation implement public projects based on the Land Compensation Act, the Urban Development Act, the Housing Site Development Promotion Act, etc., tourism complexes, logistics complexes, etc. are being developed or constructed. Recently, public service projects have been delayed due to the increase in expropriation decisions, objection rulings, and administrative lawsuits filed by project operators regarding the compensation for losses from public service projects. In addition, despite the increasing number of lands of unknown ownership due to the impact of low birth rate and population aging and the decrease in land use desire due to movement from non-urban areas to urban areas, there are limitations in promoting smooth public projects by temporarily applying the Act on Special Measures for Registration of Ownership Transfer. , the economic cost is increasing. To clarify that capital gains tax, business income tax, other income tax, corporate tax, value-added tax, inheritance tax, gift tax, etc. are imposed according to the concept of transfer following the expropriation of land, etc. A special taxation system under the Restriction Act will be considered. By comparatively examining legislative cases in the United States, France, Canada, Japan, etc. on the special taxation system based on public expropriation, we present Korea's tax improvement points. In the case of land, etc., when a purchase by agreement is concluded within 6 months from the date of request for the purchase by agreement or real estate is transferred for public service use within 2 years due to alternative acquisition through land expropriation, a special limit of KRW 100 million per year is limited to KRW 300 million for 5 years A deduction system should be introduced. In addition, as the promotion of public utility projects is delayed due to the land of unknown owner and a lot of administrative expenses are required, the Act on Special Measures for the Use of Unknown Owner is enacted and special taxation system for land of unknown owner as in Japanese legislation. should be institutionalized. In addition, if the inmate files an objection or an administrative litigation when the project operator expropriates land, etc. for public works, the amount of compensation for losses is increased by adding the management principle while maintaining the principle of determination of the timing of attributing income and expenses. In such cases, it shall be the date of final judgment or final judgment of the objection, and if the amount of compensation for loss has not changed or has been reduced, it shall be regarded as the date on which the project operator deposits according to the judgment of expropriation.
6
KIM, NAM WOOK. "Tax Improvement for Inmates for Public Utilities." Korean Public Land Law Association 100 (November 30, 2022): 43–79. http://dx.doi.org/10.30933/kpllr.2022.100.43.
Full textAbstract:
So-called project operators such as the State, local governments, Land and Housing Corporation, and Urban Development Corporation implement public projects based on the Land Compensation Act, the Urban Development Act, the Housing Site Development Promotion Act, etc., tourism complexes, logistics complexes, etc. are being developed or constructed. Recently, public service projects have been delayed due to the increase in expropriation decisions, objection rulings, and administrative lawsuits filed by project operators regarding the compensation for losses from public service projects. In addition, despite the increasing number of lands of unknown ownership due to the impact of low birth rate and population aging and the decrease in land use desire due to movement from non-urban areas to urban areas, there are limitations in promoting smooth public projects by temporarily applying the Act on Special Measures for Registration of Ownership Transfer. , the economic cost is increasing. To clarify that capital gains tax, business income tax, other income tax, corporate tax, value-added tax, inheritance tax, gift tax, etc. are imposed according to the concept of transfer following the expropriation of land, etc. A special taxation system under the Restriction Act will be considered. By comparatively examining legislative cases in the United States, France, Canada, Japan, etc. on the special taxation system based on public expropriation, we present Korea's tax improvement points. In the case of land, etc., when a purchase by agreement is concluded within 6 months from the date of request for the purchase by agreement or real estate is transferred for public service use within 2 years due to alternative acquisition through land expropriation, a special limit of KRW 100 million per year is limited to KRW 300 million for 5 years A deduction system should be introduced. In addition, as the promotion of public utility projects is delayed due to the land of unknown owner and a lot of administrative expenses are required, the Act on Special Measures for the Use of Unknown Owner is enacted and special taxation system for land of unknown owner as in Japanese legislation. should be institutionalized. In addition, if the inmate files an objection or an administrative litigation when the project operator expropriates land, etc. for public works, the amount of compensation for losses is increased by adding the management principle while maintaining the principle of determination of the timing of attributing income and expenses. In such cases, it shall be the date of final judgment or final judgment of the objection, and if the amount of compensation for loss has not changed or has been reduced, it shall be regarded as the date on which the project operator deposits according to the judgment of expropriation.
7
Papaioannou, Anna, and P. J. Slot. "Public Energy Companies Under the EC Treaty: An Overview of Law and Policy." Leiden Journal of International Law 7, no. 1 (1994): 43–61. http://dx.doi.org/10.1017/s0922156500002818.
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This article examines state intervention in the energy sector under the EC Treaty. The analysis focuses upon Articles 37, on state trading monopolies, and 90, on public undertakings, the conferment of exclusive rights and undertakings entrusted with the operation of services of general economic interest. All these forms of business organisation are very common in the energy sector. The Commission's wish to introduce more competition in the public utilities sector is well served by the application of the Treaty rules on a case-to-case basis. Secondarily, legislation has also been adopted for the energy sector pursuant to Article 100A EC. There is considerable public debate on new proposals for directives which aim at further liberalisation in the energy market.
8
Massarutto, Antonio. "La riforma dei servizi pubblici locali: un cannone caricato a salve?" ECONOMICS AND POLICY OF ENERGY AND THE ENVIRONMENT, no. 2 (May 2009): 5–16. http://dx.doi.org/10.3280/efe2008-002001.
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- The Italian Parliament has recently passed a new reform of local utilities. Compulsory competitive tendering will be the rule, while direct public management will be confined only to very special cases. The article discusses the scope of the reform and its main weaknesses: the excessive width of the focus, the uncertainty on auction design issues and the lack of a proper regulatory framework besides the tender. Policy reform recommendations are proposed with the aim of informing the next phase of the policy, namely the translation of the frame legislation into detailed regulation.Key words: local utilities; liberalization.JEL classifications: L9, H4
9
Griggs, Steven, and James Radcliffe. "Bridging the Gap Between Planning and Markets: Regulating Public Hospitals in Britain and France." Medical Law International 1, no. 2 (March 1994): 195–208. http://dx.doi.org/10.1177/096853329400100204.
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This article compares the impact of recent legislation on health care in Britain and France. It examines the contrasts between the British aim of introducing an internal market into health care with French efforts to improve planning systems. It is contended that there are serious problems with both reform proposals, but that aspects of the French planning reforms may provide potential solutions to the flaws in the NHS internal market.
10
Cournil, Christel. "Adoption of Legislation on Shale Gas in France: Hesitation and/or Progress?" European Energy and Environmental Law Review 22, Issue 4 (August 1, 2013): 141–51. http://dx.doi.org/10.54648/eelr2013011.
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This paper provides a chronological account of the eventful adoption of France's first law on shale gas. This governance issue calls into question the implementation of environmental principles, such as the principles of prevention, public information and participation, which were constitutionalized in the 2005 Environmental Charter. The hesitations of the French government illustrate the management difficulties at the state level with regards to new unconventional hydrocarbons that have a particular impact on the environment. On 13th July 2011, the legislator adopted a law that prohibited the use of hydraulic fracturing for the prospection of shale gas and oil. Although this represents a world first, it was designed hastily and has failed to satisfy any of the stakeholders involved. We examine the chronology of events, with particular focus on the chaotic governmental and legislative responses to public pressure on an unprecedented scale.
11
Sharif, Ammara, Shan Ali, Amina Iqbal, and Mahrukh Khalid. "Public Policy Barricading the Foreign Arbitral Award: A Comparative Analysis between UK, USA & France." International Journal of Criminology and Sociology 10 (December 31, 2021): 1765–76. http://dx.doi.org/10.6000/1929-4409.2021.10.199.
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The concept of public policy in International Arbitration is still extremely contentious, controversial, and complicated in modern times. Although legislation related to arbitration and practise have attempted to harmonise public policy so that parties may benefit from a globally recognised idea, judicial courts have made this effort almost difficult by giving a very loose & broad definition in the name of public policy. Moreover, the New York Convention gives little direction to national courts on how to interpret the public policy claim. In the name of local contract laws and fundamental principles of a nation, judge keeps hampering the enforcement of foreign award. Internal Law Association attempted to resolve this contention but couldn't come up with a definite definition which limits the policy in a closed structure. Despite the ambiguity of the issue, national courts in most developed arbitral countries interpret public policy narrowly. Because industrialised countries' courts typically see arbitral awards as a separate aspect of public policy; they are pro-enforcement. In this article we will comprehensively elaborate this attitude, legislation and case law study of developed nations like USA, UK and France.
12
Torre-Schaub, Marta. "Dynamics, Prospects, and Trends in Climate Change Litigation Making Climate Change Emergency a Priority in France." German Law Journal 22, no. 8 (December 2021): 1445–58. http://dx.doi.org/10.1017/glj.2021.86.
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AbstractThis study examines how the climate litigation approach builds pathways to face climate emergency. In light of recent jurisdictional developments, this article underlines the links between legislation, litigation, and public policies to trace ways, progress and obstacles to face it. Those emergent dynamics contribute to build a lasting and sustainable climate change legal regime. Intertwining the different climate disputes in the world and the progress made through the elaboration of different climate laws allow to have a panoramic visibility on this new mode of climate governance which appears in filigree today all over the world and especially in France.
13
Bourgoin, Frédéric. "Soil Protection in French Environmental Law." Journal for European Environmental & Planning Law 3, no. 3 (2006): 204–12. http://dx.doi.org/10.1163/187601006x00236.
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AbstractIn France the absence of a comprehensive soil protection system was in part compensated by public policies issued by the Ministry for Environment and environmental authorities. The effect of these policies was to establish pollution prevention and monitoring criteria as well as public registers for (potentially) polluted industrial sites. The industrial regime (Installations Classées pour la Protection de l'Environment, 'ICPE') has been a key instrument in the development of soil protection, not only in the context of prevention but also in terms of liability for soil contamination which, in the absence of specific legislation, has relied on other liability regimes. The last fifteen years has also seen a rash of often contradictory case law, in particular concerning the definitions of liable persons and remediation levels. However, these definitions, in particular concerning liable persons, appear to have been settled by recent case law.
14
Voronin, M. V. "THE RESPONSIBILITY OF PUBLIC INSTITUTIONS IN GENETICS EDUCATION: INTERNATIONAL EXPERIENCE." Courier of Kutafin Moscow State Law University (MSAL)), no. 4 (June 22, 2020): 88–96. http://dx.doi.org/10.17803/2311-5998.2020.68.4.088-096.
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The article is devoted to the issue of genetics education considered as a narrowly focused education. The goals of the article are: (a) to build an understanding of the necessity of education in the fi eld of genetics; and (b) to examine laws and regulations related to genetics research in diff erent legal systems from the perspective of comparative law. The article presents the analysis of genetics education models based on the cases of the USA, France and Russia. It is also focused on requirements for and essential components of genetics education; modern examples of genetics education and genetics legislation. The article explains the necessity for the development of a web-portal titled ‘Genetics and Law’. The discussion of the necessity for genetics education is based on the concept of liability law.
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Paye, Jean-Claude. "France: An Algorithmic Power." Monthly Review 67, no. 9 (February 1, 2016): 1. http://dx.doi.org/10.14452/mr-067-09-2016-02_1.
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The Paris attacks of November 13, 2015, demonstrate, if such a demonstration is still necessary, that the aim of new French intelligence laws is not to anticipate or prevent terrorist attacks, but simply to eliminate the private lives of French citizens. President Hollande's statements that delays in implementing the law were behind the "failure" of the intelligence services are a denial of the fact that this legislation only confirms existing practices. The Law on Intelligence, just like the law on military planning, is mainly an attack on private freedoms. The state of emergency will likewise eliminate public freedoms.… Following the November 13 massacres, the government is already considering changes to the Law on Intelligence, with the aim of "eas[ing] the procedures the intelligence services must follow when they would like to use means of surveillance." Yet this law does not establish any controls over the activities of the secret services. It does set up a National Control Commission, but this body has no effective possibility of carrying out its mission, and can only offer recommendations. It is not a question, then, of eliminating a control that does not exist, but of signaling that the very idea of monitoring the executive branch should be abandoned—a clear signal that no limitation can or should be placed on its actions.<p class="mrlink"><p class="mrpurchaselink"><a href="http://monthlyreview.org/index/volume-67-number-9" title="Vol. 67, No. 9: February 2016" target="_self">Click here to purchase a PDF version of this article at the <em>Monthly Review</em> website.</a></p>
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Сидоренко, Элина, and Elina Sidorenko. "SUBJECT OF TRANSNATIONAL BRIBERY IN THE CRIMINAL LEGISLATION OF FOREIGN COUNTRIES: THE MAIN APPROACHES." Journal of Foreign Legislation and Comparative Law 2, no. 1 (March 16, 2016): 0. http://dx.doi.org/10.12737/18181.
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This paper presents a comparative analysis of the criminal legislation of the USA, Germany and France in terms of responsibility for the regulation of active and passive bribery of foreign public officials and officials of public international organizations. The focus is on consistency between national law and the provisions of the Convention of the Organization for Economic Cooperation and Development Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. On the basis of the comparative and formal-legal methods, the author reveals a number of features that allow to speak of a legal models to counter transnational bribery. The study of criminal law, special laws and judicial precedents it possible to designate a tendency to expand the subjects of international bribery by members of the judiciary, a representative of non-governmental organizations and to identify main approaches to the development of Russia’s criminal policy.
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Chikanayev, Shaimerden. "Public-Private Partnerships in Kazakhstan: Evolution of the Government Policy and Reality of PPP Deployment. Part I." Scientific works "Adilet", no. 4 (2020): 33–39. http://dx.doi.org/10.54649/2077-9860-2020-4-33-39.
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This article examines PPP development in Kazakhstan from 1991 to the time of writing. Article reviews evolution of the PPP legislation and approaches used to develop a PPP-enabling environment in order to draw lessons for the country’s future policy. This article describes evolution of the PPP concept in the country and provides analysis of gaps and deficiencies in the current PPP policy and legislation. The PPP definition and the scope of PPP activity has evolved significantly in the nation’s legislation and legal literature since 1991. Author distinguish the following five stages of the PPP development in Kazakhstan: Stage One—PPP legal framework for foreign investors only (1991-1993); Stage Two—Lack of PPP-specific legal framework and “pilot” projects (1994-2005); Stage Three—The formation of legal and institutional frameworks (2006-2015); Stage Four—Active PPP deployment: the focus being on quantity (2016-2018); Stage Five—Adjustments to the PPP framework: stricter requirements (2019- present). In this article, the author examines the first two stages from 1991 to 2005, paying attention to the actions of the government, Policy Goals at the Stage One and Stage Two, assessing the implications for further policy development of public-private partnerships in the state. The author concludes that at the end of the first stage, unlike the first law on concessions, all PPP-related laws thereafter have been applicable to both domestic and foreign investors, as the government realised the importance of treating all investors equally. Stage Two also showed that Kazakhstan needs more effective PPP policy instruments for the implementation of projects in the utilities sector
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Holovkin, Bohdan M., Mykola I. Melnyk, and Viktor M. Trepak. "Current state and trends in the development of legislation to prevent corruption." Informatologia 55, no. 1-2 (2022): 110–20. http://dx.doi.org/10.32914/i.55.1-2.9.
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The purpose of the study is to provide theoretical and legal and comparative legal analysis of the es-sence, content, modern trends and features of anti-corruption legislation, develop proposals for improving Ukrainian anti-corruption legislation. In the process of solving research problems, general scientific methods of cognition were used, in particular: analysis, synthesis, comparison, analogy, deduction, induction, abstraction; as well as special methods: comparative legal, legal-sociological, formal-legal, systematic method and the method of structural-functional analysis etc. The analysis of criminal law norms shows that the main trends in the modernization of the criminal legislation of Ukraine on re-sponsibility for crimes of corruption in general have a positive trend. At the same time, the criminal-legal impact on public relations associated with the commission of socially dangerous acts of a corrupt nature needs further improvement in order to prevent and timely suppress corruption crimes. In Ukraine, there are parallel systems of administrative and criminal liability for corruption-related offenses, which often leads to duplication and generally weakens the effectiveness of anti-corruption measures. In addition, the general anti-corruption laws adopted in Ukraine give the impression of a solid legal basis, but they are often inactive, since their provisions are not supported by sound law enforcement practice. Also, the anti-corruption experience of the proposed countries, such as Sweden, Finland, Germany and France really looks like a certain benchmark to which every country, including Ukraine, should strive and take example from them.
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Kitsakis, Dimitrios, Eftychia Kalogianni, and Efi Dimopoulou. "Public Law Restrictions in the Context of 3D Land Administration—Review on Legal and Technical Approaches." Land 11, no. 1 (January 6, 2022): 88. http://dx.doi.org/10.3390/land11010088.
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Intense exploitation of land implies the development of multi-level, multi-purpose, overlapping and interlocking structures on 3D space, thus resulting in complex, stratified, 3D real property rights between individual owners, as well as restrictions. Legislation regulates the ownership status and use of land by imposing restrictions known as Public Law Restrictions (PLRs). PLRs extend to various fields and various legislative frameworks, such as the protection of archaeological sites, protection and maintenance of underground infrastructures and utilities, environmental protection, flying of unmanned air vehicles, etc. PLRs are usually investigated in the context of property rights and restrictions in the various Land Administration Systems worldwide, and do not often gain specific attention. However, it is noticed that the restrictions that arise from Public Law need to be investigated and classified, so that they can be better utilised in the property status of land ownership. This review paper investigates the legal statutes on PLRs within the context of 3D land administration and the stipulations used to provide unambiguous modelling of PLRs, as provided by the relative literature. Moreover, the PLRs applied in the 3D space, to clearly depict rights, restrictions and responsibilities on the relevant spatial unit (land, air, marine parcel, mine, utility network, etc.), are particularly examined. Therefore, this work is to critically review and assess the aforementioned approaches on PLRs’ registration, modelling and organisation, as provided by a literature survey, and provides an overall view of the requirements and challenges within the development of 3D Land Administration Systems also considering standardisation developments.
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Raimov, R. I. "SYSTEM AND POWERS OF BODIES IMPLEMENTING ADMINISTRATIVE AND LEGAL REGULATION OF NATURAL MONOPOLIES." Legal horizons, no. 17 (2019): 83–88. http://dx.doi.org/10.21272/legalhorizons.2019.i17.p:83.
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The article is devoted to the problem of defining the system and powers of state bodies that carry out administrative and legal regulation of the activity of subjects of natural monopolies. The main attention is paid to the analysis of the legislation of Ukraine and the practice of its application. Changes in the status of these state bodies during their formation, which were carried out by different legal acts in different fields of law and various spheres, are investigated. The author has analyzed the authorizations on the implementation of the administrative and legal regulation of natural monopolies in the field of energy and utilities and the legal status of local state administrations, the Antimonopoly Committee, the Ministry of Energy and Coal Industry, the national commissions for the regulation of natural monopolies, the National Commission for the state regulation of the energy and utility sectors services. It is established that, in addition to the national commissions for the regulation of natural monopolies, the National Commission for State Regulation in the Spheres of Energy and Public Utilities implements state regulation in areas adjacent to and/or identical to natural monopolies. It is determined that the relevant state bodies, which carry out administrative and legal regulation of the activities of the subjects of natural monopolies, are empowered to form their own branched system forming structure, which is able to exist in parallel and independently of other branches of government. The powers of state bodies that carry out the administrative and legal regulation of the activities of natural monopoly entities are enshrined in both laws and by-laws. A study of these powers has shown that each public authority has specific rights and responsibilities. The creation of structural units in each case occurs in fundamentally different approaches. Some public authorities have more independent status than others. A number of conflicts of law and potentially unconstitutional provisions have been identified. Particular attention is paid to the ratio of powers of different state bodies. Keywords: natural monopolies, state bodies, administrative law, regulation.
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Siu Lam, Carlos, and Dulce Lopes. "Macao Gaming Concession System: Present and Future Direction." Journal of Gambling Business and Economics 13, no. 2 (December 11, 2020): 15–36. http://dx.doi.org/10.5750/jgbe.v13i2.1812.
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Macao gaming concession is about to expire in June 2022, and such issues as the number of concessions and contract period have attracted much attention. This article introduces the evolution of Macao gaming system with emphasis on its concession duration, legal limit on the number of concessions, asset disposal and tax rate. As a result of its gaming liberalization, Macao has developed into the world’s casino capital. The gaming situation in Macao and in the gaming jurisdictions nearby is different from what it was twenty years ago. Although the current law requires a new public tender for awarding concessions, the increased number of gaming jurisdictions to target Macao would entail adjustment in its public policies to keep its gaming industry competitive. Additionally, the evolution of the relevant public policies and their interactions with touristic, infrastructural, environmental and urban planning policies would likely lead to some changes in the core of the current Macao gaming legislation. The authors indicated that the emergence of subconcessions and satellite casinos, the fractioning of spaces and utilities by different entities regarding asset reversion to the government, and the relationship between concessionaires and junket operators are some major issues, which require an improved legal framework designed to react expeditiously and effectively to the fast-moving industry for a sustained and consistent upward regulatory trajectory. Following this, revising and improving the current concession model would be crucial, even though it implies changes to the core of the current Macao gaming legislation.
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Mauger, Romain. "Promoting Public Participation in the Energy Transition: The Case of France's National Debate." Potchefstroom Electronic Law Journal 22 (March 18, 2019): 1–29. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a4290.
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In an energy transitions era, the citizens tend to be increasingly considered as actors of the energy system. This situation reinforces in turn the importance of public participation processes into energy policy or legislation design. In 2012-2013, a significant public participation process in the field of energy policy was organised in France, named National Debate on the Energy Transition. From the beginning, it was proclaimed that its results would be integrated into a flagship energy transition act, which did happen with the adoption of the Energy Transition for Green Growth Act of 2015. This paper provides an overview of the organisation of this public debate and of the integration of its outcome into the Energy Transition Act. The experience of France can serve for other countries engaged in a process of transition towards a more sustainable society and especially towards a massive change of their energy mix. It addresses the successes as well as the failures of the French case and provides some key learning points to enhance the public participation into the Law-making process concerning the energy transition.
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Van Garsse, Steven, and Yseult Marique. "Public-Private Cooperation and Judicial Review: A Case Study Drawn from European Infrastructure Projects." European Public Law 24, Issue 3 (August 1, 2018): 515–38. http://dx.doi.org/10.54648/euro2018029.
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National administrative law traditions are changing under the influence of socio-economic factors and the Europeanization of legal norms. To illustrate this evolution this article discusses the roles of judges in three European major transport infrastructure projects in England, France and Belgium where long-term public-private cooperation was developed and strong public opposition voiced. Public-private cooperation to develop infrastructure projects is not new. EU financial requirements and EU procurement directives, though, constrain more than ever how these public-private cooperations can be contractually designed, while EU sectoral legislation may offer new opportunities for public-private cooperation. In parallel, citizens are entitled to be involved in large projects affecting the environment and no longer mainly seek protection for their individual property rights. These changes illustrate the changing role of private parties (economic actors and citizens) in major infrastructure projects. They also result in public bodies endorsing an increasingly supervisory and monitoring role while not having the suitable skills, resources or information in-house to do so. These adaptations under the pressure of socio-economic and political concerns call for administrative law to revisit the role that judges play in adjudicating issues arising from these complex publicprivate contracts, where public bodies and private parties are locked together for a long term and where changing the relationship is extremely expensive for the public purse.
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Absalyamova, Violetta G. "THE CIVIL LAW REGIME OF GENETIC INFORMATION IN THE CONTEXT OF BIOETHICS." Tyumen State University Herald. Social, Economic, and Law Research 8, no. 3 (2022): 76–89. http://dx.doi.org/10.21684/2411-7897-2022-8-3-76-89.
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The main purpose of this article is to review the legal aspects governing genetic testing and the processing of genetic test results in several countries and to point out similarities and differences. The article discusses the reasons for creating a unified standard to ensure protection, storage, transmission, processing, and analysis of genetic data. In modern Russian conditions, the issues of information leakage from such institutions, which take place in foreign countries, are not yet relevant. This is largely due to the fact that legal regulation of relevant social relations in Russia is just beginning to emerge, so there is every reason to believe that such problems will arise and will require a solution. The methodological basis of the study consists of empirical methods of comparison and description, as well as the private-scientific method of comparative law —- comparative analysis of the legislation of the Russian Federation, France, the United States of America and the People’s Republic of China. The analysis examines and analyzes controversial aspects of the regulation of this issue at the level of national legislation and proposes amendments to the Federal Law “On Personal Data” taking into account global trends. Genetic testing has become part of the diagnosis of an increasing number of medical conditions, while genetic testing methods have entered the era of high throughput, allowing both diagnostics and medical research to address many complex issues. Genetic testing, outside of the public health system, has become important in addressing a multitude of issues, yet legislation on genetic testing in many countries lags behind. The author concludes that in this context, a broad discussion and subsequent adoption of a law “On Cybersecurity” in the Russian Federation is necessary, some of whose conceptual provisions can be adopted by the national legal system to improve the current legislation on the protection of genetic information.
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Mendzhul, M. "Freedom of treaty and its limits: compliance of Ukrainian civil legislation with European approaches." Uzhhorod National University Herald. Series: Law, no. 69 (April 15, 2022): 114–17. http://dx.doi.org/10.24144/2307-3322.2021.69.19.
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The article presents the results of the analysis of the compliance of the civil legislation of Ukraine with the European approaches to guaranteeing the freedom of contract and its restrictions. The normative consolidation of freedom of contract in European countries (France, Germany, Slovakia, Poland, and Romania) has been studied. It was found that in European countries the freedom of contract is limited in order to maintain public order, good morals, protection of certain categories of contractors (consumers). In France, the current version of Article 1102 of the Civil Code stipulates that everyone is free to conclude a contract, choose contractors, determine the content and form of the contract, but within the limits established by law. It is established that in Germany the freedom of contract is limited by the requirements of the law, the prohibition of illegality, immorality, as well as the need to protect consumer rights.
An analysis of Slovakia's civil law found that the expansion of the substantive content of the principle of freedom of contract was influenced by the case law of the Constitutional Court. In Romania, as in Ukraine, a separate article is devoted to the freedom of contract and the disclosure of its content in the Civil Code. The compliance of the Ukrainian legislation on freedom of contract with the DCFR is analyzed.
The position of European scholars on the impact of the principle in dubio pro libertate on contractual freedom and its restrictions, as well as the views of domestic scholars on the principle of freedom of contract.
It is substantiated that in general both scientific positions and legislative provisions of the Central Committee of Ukraine on the formulation of freedom of contract correspond to the European approach to maximum freedom and application of only lawful and proportionate restrictions guaranteeing fairness and non-discrimination, protection of weaker counterparties (consumers) interests. It is proposed to understand the limits of freedom of contract provided by the CC or other act of civil legislation of Ukraine legal, reasonable, fair and proportionate framework that restricts the freedom of action of the parties to the contract to ensure the balance of public and private interests.
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Horoshko, Valentyna, Yehor Nazymko, and Yurii Pavliutin. "CRIMINAL PROCEDURE LAW OF UKRAINE IN THE CONTEXT OF EUROPEAN INTEGRATION: PROBLEMATIC ECONOMIC AND LEGAL ISSUES, WAYS OF REFORMING." Baltic Journal of Economic Studies 8, no. 3 (September 30, 2022): 48–52. http://dx.doi.org/10.30525/2256-0742/2022-8-3-48-52.
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The subject of the study is the coverage of problematic issues and ways of reforming the criminal procedure legislation of Ukraine in the context of European integration. Methodology. The methodological basis of the study is a dialectical method of scientific knowledge, through the application of this method the legal, functional, organizational and procedural aspects of methodological approaches to the understanding of problematic issues are considered and the ways of reforming the criminal procedure legislation of Ukraine in the context of European integration are considered. The results of the article analyze the current criminal procedure legislation of Ukraine and the legislation of the countries of the European Union. When analyzing the French criminal procedure, two main features can be identified, which distinguish it from the Anglo-Saxon legal system and are criticized by experts from Great Britain and the United States. In France judges are vested with considerable powers. The first feature of French criminal procedure is the institution of preliminary interrogation of the accused by the presiding judge. The judge verifies the sufficiency of the evidence for a conviction. Conclusion. So, based on the above, it is possible to conclude that the Criminal Procedure Code of Ukraine was created in the spirit of democratic values, but some of its norms need to be reformed in order to improve the mechanism of protection of the rights, freedoms and legitimate interests of an individual. The practical experience of France, the Federal Republic of Germany and Great Britain is relevant. The shortcomings of the Criminal Procedure Code of Ukraine are highlighted. The prospects for their reform are outlined and amendments to the current legislation in the context of European integration are proposed. Prospects for further research: a) the study of the experience of individual foreign countries in the context of the improvement of criminal procedural norms; b) analysis of the possibility of harmonization of criminal procedural legislation of Ukraine with the norms of the European Union; c) development of an effective mechanism of relations between the subjects of criminal proceedings. The issue of the relevance and admissibility of evidence is also important. Articles 87-89 of the CPC of Ukraine establish the grounds and procedure for declaring evidence inadmissible. However, judicial practice shows a large number of criminal proceedings against public persons, which the court had to terminate due to the lack of evidence, due to the inadmissibility or improper nature of the evidence. The authors believe that the legislative regulation of the process of collecting evidence in the UK is a positive experience for Ukraine.
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IGNATOVA, Milena. "CRIMINAL LAW POLICY OF THE EU COUNTRIES IN THE FIELD OF COMBATING ENVIRONMENTAL CRIMES." Sociopolitical sciences 10, no. 6 (December 28, 2020): 42–48. http://dx.doi.org/10.33693/2223-0092-2020-10-6-42-48.
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The purpose of this article is to identify the main trends of development of criminal legal policy of EU countries in the field of combating crimes against the environment in the context of growing global environmental crisis and the development of consumer society the example of France, Germany, Spain and Italy, the features of statutory regulation of the characteristics of environmental crimes and prescribe the penalties in the legislation of the countries under consideration. The relevance of the problem under study is due to a significant degree of public danger of environmental crimes, their high latency, and therefore the fight against encroachments on the environment is recognized as one of the priority areas of the criminal policy of the EU countries. Criminal legislation plays a crucial role in the system of legal norms for countering environmental crimes. Conclusions. Despite the legal integration of EU countries in the field of environmental protection and the adoption of the Directive of the European Parliament and of the Council of 19.11.2008, which imposes obligations on member States to introduce certain elements of criminal acts into national legislation, the constitutional and criminal law norms of individual States do not differ in a uniform approach to environmental protection. However, the legislative regulations of the European Parliament have influenced the reform of criminal legislation in a number of countries in the direction of increasing responsibility for environmental crimes and introducing special chapters in the criminal codes that combine criminal acts that infringe on natural objects. The importance of the natural environment, flora and fauna as independent objects of criminal law protection is underestimated, so the severity of criminal repression depends on such a sign as causing harm to human health and life by environmental offenses.
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Trofimets, Irina A. "Overview of European legislation in the field of creating and functioning of population registers." RUDN Journal of Law 25, no. 4 (December 15, 2021): 935–45. http://dx.doi.org/10.22363/2313-2337-2021-25-4-935-945.
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The article offers an analysis of the European legislation in the field of creation and functioning of information systems for population registration. The author argues that population accounting is conditioned by the need to solve multiple domestic economic, social and demographic issues, as well as global problems of mankind. The information of the UN Statistical and UN Population Commissions on population and housing stock based on the states information systems formed the main selection criterion. The conducted research allowed us to conclude that there is no uniform approach in the legal regulation of population registration in EU national territories. Austria, Belgium, Denmark, France, Hungary, Iceland, Netherlands, Norway, Sweden and Finland have established and operate unified registers containing information about the population. Although the information systems differ, the common feature is that the public nature of the register information is emphasized; it is integrated and unified throughout the territory, the terms central and national are widely used. The author concludes that the study of world experience contributes to the improvement of national legislation and law enforcement in the relevant field of public relations, which is especially relevant in connection with the adoption of Federal Law No. 168-FZ of 08.06.2020 On the Unified Federal Information Register containing information about the population of the Russian Federation.
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STONE, ALEC. "Judging Socialist Reform." Comparative Political Studies 26, no. 4 (January 1994): 443–69. http://dx.doi.org/10.1177/0010414094026004003.
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Case studies of judicial-political interaction during two periods, 1969-1976 in Germany and 1981-1985 in France, illustrate two general points about constitutional politics in both countries. First, constitutional courts are powerful policy makers whose impact on legislative processes and outcomes is multidimensional. These courts are more than simply negative legislators, empowered to veto legislative provisions. They also exercise creative legislative powers: to recast policy-making environments, to encourage certain legislative solutions while undermining others, and to have the precise terms of their decisions written directly into legislative provisions. Second, governments and parliamentarians are often led to behave judicially, to debate and make meaningful decisions about the constitutionality of legislation. In France and Germany, both the making of public policy and the construction of constitutional law are products of sustained and intimate judicial-political interaction.
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Manzhul, I. "THE INSTITUTE OF CRIMINAL OFFENSES IN THE LEGISLATION OF FOREIGN COUNTRIES." Scientific Notes Series Law 1, no. 12 (October 2022): 195–200. http://dx.doi.org/10.36550/2522-9230-2022-12-195-200.
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The analysis of scientific works on the definition of crime and misdemeanor in the legislation of foreign countries (France, Germany, Switzerland, Austria, Italy, Portugal, Denmark, Poland, Republic of Moldova, Baltic countries, England, USA, Canada) was carried out. It was found that different criteria are used to distinguish between a crime and a misdemeanor in the criminal law of foreign countries: the main ones are: the material criterion (seriousness of the act) in France; a formal criterion (the amount of punishment) in Austria and Germany, in Germany this division is based on the minimum amount of punishment that can be imposed for their commission; formal sign (type of punishment) in Switzerland; form of guilt in Poland. It was concluded that scientists single out a criminal misdemeanor as a special type of criminal offense, which has a relatively low level of public safety, leads to a greater application of the principles of humanism and a regime of responsibility other than crimes. The issue of normative legal acts regulating criminal misdemeanors is considered. It is noted that the law of Switzerland, Italy, Greece, Spain and Portugal has a direct requirement to define misdemeanors in the laws. In other states, the composition of misdemeanors and penalties for them are established both in laws and by-laws. In the author's opinion, it is more expedient to regulate the various aspects of a criminal misdemeanor both by laws and by-laws; the latter detail and concretize the legislative prescriptions, without going beyond them at the same time. The debate on the expediency of adopting an independent (separate) normative act on criminal misdemeanor was considered. Attention is drawn to the argumentation of the advantages of the simplified proceedings of the institution of a criminal misdemeanor and its features, the grounds for its isolation in the criminal legislation. The proposals of specialists regarding the adoption of this practice in Ukraine and its further improvement were considered.
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Korotkih, A. "LEGAL REGULATION OF LEGAL LIABILITY OF CIVIL SERVANTS IN THE EU MEMBER STATES." Social Law, no. 2 (April 26, 2019): 52–57. http://dx.doi.org/10.37440/soclaw.2019.02.07.
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The article deals with the disclosure in general of the features of the legal regulation of the legal liability of civil servants in individual Member States of the European Union, namely in France, Italy, Spain and Romania. Attention is drawn to the fact that in the states under consideration, the civil liability of civil servants is regulated: at the same time by general (labor) and special (on public service) legislation; exclusively by administrative and civil law, namely in the states in which the relevant subjects are not traditionally regarded as subjects of labor law. In the conclusions, the author formulates the final thought about the prospect of Ukraine's borrowing from the experience of regulating the legal liability of civil servants in the EU Member States.
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Koverznev, Vadym. "Actual problems of economic activity of communal commercial enterprises in Ukraine." Slovo of the National School of Judges of Ukraine, no. 2(31) (July 30, 2020): 89–96. http://dx.doi.org/10.37566/2707-6849-2020-2(31)-8.
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In the article are accented attention on that the modern state of economy of Ukraine is in the crisis state.. In these conditions, there is an urgent need to save budget funds spent on ensuring the activities of public authorities and local governments, and the implementation of their powers. This problem is partially solved by the legislation on public procurement, which should serve as a means of economic growth in Ukraine. In the foreign member states of the World Trade Organization Agreement, the participant of which Ukraine is, public procurement is used primarily to develop innovation and improve the quality of life; the most popular means of innovation in the European Union, which is not yet on the market, are pre-commercial procurement, which is carried out in order to research and develop new innovative solutions. Unfortunately, in Ukraine such projects does not develop and public purchases are used exceptionally with the aim of budgetary cost effectiveness, during realization of purchases for satisfaction of current necessities of public and organs of local self-government authorities, that not in a complete measure answers their setting. An analysis of the current legislation of Ukraine on public procurement provides grounds for the conclusion that it applies to all utilities without exception, including those created for commercial activities and profit in the interests of the local community. However, proving the fact, that the economic activity of enterprise has exclusively commercial in nature and is not carried out at the expense of the budget, releases the municipal commercial enterprise from the obligation to comply with the public procurement procedure established by the Law of Ukraine “On Public Procurement” services. The need for public procurement has a negative impact on the economic performance of utility companies, as in many cases it forces them to purchase cheap goods and services that do not meet the company’s requirements for functionality or quality. Suchsituation reduces the interest in development of communal commercial enterprises and encourages owners to liquidate them, which creates the preconditions for the emergence of corrupt schemes to withdraw funds from local budgets. With the aim of conditioning for effective realization by the business communal enterprises of economic activity in interests of local communities, the leadingout of these enterprises offers the author of the article from under the action of legislation of Ukraine about public purchases. Key words: purchases for budgetary funds, public procurements, communal commercial enterprises.
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Reis, Fátima de Carvalho Madeira, Débora Cynamon Kligerman, Simone Cynamon Cohen, and Joseli Maria da Rocha Nogueira. "Social effectiveness and private sanitation concessions: the CEDAE auction in Rio de Janeiro, Brazil." Ciência & Saúde Coletiva 28, no. 2 (February 2023): 547–59. http://dx.doi.org/10.1590/1413-81232023282.08982022en.
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Abstract Changes in the regulatory and legal framework for Brazil’s water and sanitation sector (Law 14,026, July 15, 2020) require competitive bidding for service contracts, even in cases where the provision of services was previously delegated to state-owned utilities under program contracts. The aim of this study was to identify the actors who benefited from these changes to the legislation and assess the social effectiveness of the privatization of water supply and sewerage services in the state of Rio de Janeiro by investigating the auction of services provided by the public utility CEDAE in four blocks comprising 35 municipalities in April 2021. We conducted an exploratory analysis of secondary data and used the systemic integration method to identify the main actors involved in the concession process and the role they played. It is concluded that federal, state, and municipal governments, the Brazilian Development Bank, and the concessionaires have gained from the concessions, while the percentage of low-income populations connected to the sewage collection or drainage network is lower and tariffs are higher in municipalities served by the private sector when compared to the municipalities encompassed by the auction.
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Gritsenko, Elena V., and Pavel А. Kuryndin. "Digitalization of control and supervision activities: Russian and French experience." Law Enforcement Review 4, no. 3 (October 5, 2020): 25–45. http://dx.doi.org/10.24147/2542-1514.2020.4(3).25-45.
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The subject of the article is legal regulation at the transition stage from e-government to digital government in Russia and France. The purpose of the article is confirmation or confutation of the hypothesis that in the practice of digital interaction between administrative bodies and individuals, there are problems that must be clearly identified and can be solved using the French experience of legal regulation of the digitalization of public administration. The methodology of the study includes comparative analysis, description as well as particular academic legal methods (interpretation of legal acts, judicial acts and state programs of digitalization in Russia and France, formal legal method). The main results and scope of their application. Russia and France are similar because of not only belonging to the continental legal system, but also existing in the transition stage from e-government to digital. Public administration and law in both countries have to cope with the challenges of digitalization. In this regard, the experience of implementing reforms in France, which is known for its administrative and legal traditions and successes, is of particular interest to the Russian Federation. The legal support of public administration digitalization is clearly lagging behind the rapid development of digital technologies; moreover, new information solutions are significantly ahead of their legal implementation. A comparative analysis between the strategic plans of public administration, relating to digitalization of control and supervision activities in the Russian federation, and the e-government's present and future legislative framework, indicates a lack of coherence between the plans and their legislative counterparts. The initial implementation of public administration digitalization strategic plan through legislation on services is generally supported in the “Digital Public Administration” federal project through the legislation of services. At the same time, the draft of the new Federal law on state control (supervision) and municipal control in Russia offers its own information infrastructure for control and supervisory activities. Conclusions. In order to overcome the fragmentation in the regulation of electronic interaction between private entities and public administration, the French experience of regulating the General principles of administrative procedures and guarantees of good public administration in a single act is very useful. Such an approach would also ensure compliance with the basic principles of proportionality and the prohibition of excessive formalism in the meaningful differentiation of errors and violations committed in the course of electronic communication. In addition according to French experience, it is necessary to maintain alternative ways of communication with administrative authorities including electronic ones, and consider any legislative exceptions. Also, it is necessary to define additional guarantees to citizens during interactions with technical support services; defining standards for the legal qualification of technical failures, pre-trial and judicial appeal mechanisms against automatically made decisions.
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Glucksmann, Eloïse. "Commisimpex v. Republic of Congo." American Journal of International Law 111, no. 2 (April 2017): 453–60. http://dx.doi.org/10.1017/ajil.2017.30.
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The law in France regarding waivers of foreign state (or sovereign) immunity from execution of judicial judgments (based largely on consideration of international law principles) has recently undergone significant developments. Previously, French case law had required a foreign state's waiver of immunity from execution to be both express and specific to consider valid the attachment of foreign state property allocated to public services (including bank accounts used for the functioning of both diplomatic missions and delegations to international organizations). In 2015, the French Court of Cassation relaxed the criteria it had previously required for giving effect to waivers of sovereign immunity in such situations, thus facilitating the ability of judgment creditors to attach foreign state property in France. Its decision in the Commisimpex v. Republic of Congo case appeared to put an end to that requirement by abandoning the criterion of a “specific” waiver on the ground that “customary international law does not require a waiver of immunity from execution other than express.” In December 2016, however, the French government enacted new legislation reinstating the need for a specific waiver of immunity for the attachment of the property as well as bank accounts of foreign embassies and diplomatic missions and additionally requiring a court order authorizing the attachment or seizure. As a result, France has now embraced a distinctly more protective approach to the immunity of foreign state assets from attachment and execution of judicial judgments.
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Gusakova, Elena A., and Alexander S. Pavlov. "Public procurement in construction: international practice." Vestnik MGSU, no. 2 (February 2022): 242–52. http://dx.doi.org/10.22227/1997-0935.2022.2.242-252.
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Introduction. The distribution and receipt of design and construction orders is a most important element in the construction life cycle. It is of considerable interest to study the rules governing the distribution of state orders and the practice of their application in various countries. This article examines the experience of the leading world economies accumulated in the bidding for construction projects.
Materials and methods. The authors studied original legal documents on the organization of tenders for construction works in several countries, as well as in international organizations. The tender rules of the USA, France, Germany, New Zealand, Japan, China are considered. Materials of reviews and scientific researches, conducted by other scientists, are also used and summarized.
Results. The principal methods for organizing tenders for construction and design works were identified as a result of analysis of regulatory documents. The authors have found many common approaches and methods used to assure equal and responsible relations between the state customer and the construction contractor.
Conclusions. It has been established that a number of methods, widely used abroad, are practically not used in Russia, for example, competitive negotiations and two stage tendering. On the contrary, a foreign reader may think that some provisions of the Russian legislation are strange, for example, initial contract price setting by the customer or electronic document management rules in the federal law.
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Filipenko, A. S. "Experience in organizing the activities of law enforcement agencies in European countries." Analytical and Comparative Jurisprudence, no. 4 (April 28, 2022): 208–13. http://dx.doi.org/10.24144/2788-6018.2021.04.36.
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The article considers foreign experience in organizing the activities of law enforcement agencies. It is determined that the field of law enforcement is constantly in a state of dynamic transformation and improvement, which to some extent reflects the direction of national legislation and policies.
It is also noted that according to modern requirements, maintaining the rule of law is one of the most important tasks of the state, so in organizing the work of law enforcement agencies, the implementation of international experience is one of the most important tasks of the rule of law. One of the current trends in the development of the legal system is its openness, which determines the possibility of using advanced foreign concepts to implement universally recognized international principles, norms and standards of human and civil rights and freedoms.It is emphasized that the following facts should be taken into account: historical traditions of legislation and law enforcement, features of socio-economic and cultural development of countries, general cultural and legal consciousness of the population, degree of interaction with government and civil society, features of national police, logistics. providing police and other important factors. International law enforcement standards have an important role to play in policing.It was found that abroad, as in Ukraine, law enforcement reform is part of administrative reform, and the direction of its implementation often depends on the overall objectives of public administration reform. The purpose of most reforms in foreign countries is to: increase the efficiency of national systems; transforming the country into a responsible employer capable of attracting a sufficient number of workers with the necessary qualifications, controlling the cost of their maintenance; increasing the confidence of the private sector and citizens in public institutions.Three models of internal security in European countries are considered: centralized or continental model (Norway, Denmark, Finland, Ireland, Sweden, Spain, Portugal, Italy, France, Belgium, Holland, Luxembourg), decentralized model (Czech Republic, Bulgaria, Romania, Combino) (integrated) model (UK, Germany, Netherlands).
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Bakaev, Shakhriyor. "SCIENTIFIC AND THEORETICAL ANALYSIS CONCEPT AND ESSENCE OF ADMINISTRATIVE PROCEEDINGS." Jurisprudence 1, no. 4 (December 14, 2021): 76–82. http://dx.doi.org/10.51788/tsul.jurisprudence.1.4./isvl4140.
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This article provides a scientific and theoretical analysis of the concept and essence of administrative proceedings on the basis of the history of the emergence of this legal institution and the views of legal scholars in this direction. In particular, it points out that the concept of administrative proceedings was first used in the legislation of France, and then in the legislation of Germany, Switzerland, Italy and the United States of America. It also mentions the fact that administrative proceedings are understood by legal scholars in three different contexts. While one group of scientists understood administrative proceedings as a way of making a person responsible for administrative offenses by court, other scientists considered administrative proceedings as the resolution of disputes arising from public law relations by court, that is, consideration and resolution of complaints from citizens and legal persons on decisions of state bodies and actions (inaction) of officials. The third group of scholars under administrative proceedings differenciated two types of activities of the court, namely the resolution disputes arising from public-legal relations by court and its participation in proceedings on cases of administrative offenses. On the basis of the analysis the author suggests the definition of the concept of administrative proceedings.
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Sitkevich, Daniil. "«Parallel Society» against «Values of the Republic»: Discussing France’s New Strategy of Combatting Islamist Radicalism." State Religion and Church in Russia and Worldwide 39, no. 1 (2021): 175–90. http://dx.doi.org/10.22394/2073-7203-2021-39-1-175-190.
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This article describes the new draft law on combating Islamist radicalism that has been negotiated in France over the past few months. The author compares three documents in which the parliamentary commission of the French Senate, the President, and the deputies of the National Assembly of France, respectively, presented their views on the problem. As the analysis shows, all three documents consider as a threat not only religiously motivated violence but also the very spread of radical ideology, which leads to the separation of certain Muslim communities from the rest of society and the promotion of social norms that contradict the “values of the Republic”. Both the deputies and President Macron proposed a package of measures, including increasing control over private schools and home education; strengthening the power of secret services and the prefects of departments (administrative regions); and banning foreign funding of religious organizations. The “republican values” that the bill aims to protect become mandatory for both government employees and for non‑profit organizations applying for state subsidies. The paper then discusses the heated public debate over the new legislation.
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Rudnyeva, Oleksandra, and Olena Prykhodko. "THE STATE AS A GUARANTOR OF THE PROTECTION OF THE RIGHTS OF INDIVIDUALS AND LEGAL ENTITIES IN THE CONDITIONS OF CORONAVIRUS CRISIS OF 2020." Wiadomości Lekarskie 73, no. 12 (2020): 2752–57. http://dx.doi.org/10.36740/wlek202012209.
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The aim of the article is to stimulate discussions about the necessity to improve the legal regulations that guarantee a proper public health policy, as well as to determine the balance between the level of restrictions that may be imposed by State in order to protect both, the public interest of health and the economic development. Materials and methods: National legislation of Ukraine, United Kingdom and France on public health and health policy, case law of these countries, including high court decisions were used for dialectical, comparative, synthetic and systemic analyses. Conclusions: As the legality of government officials' actions principle is a fundamental constitutional principle in most European countries, states must establish such legal provisions to avoid short-term and long-term conflicts when the rights of individuals and legal entities are being restricted. At the legislative level, it is necessary to adopt transparent rules to attract private funding to the health sector. Development of the e-health and telemedicine systems could be boosted through the use of public-private partnership tools.
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Pflieger, Géraldine. "The French model of water supply management challenged by users' empowerment." Water Policy 8, no. 3 (June 1, 2006): 211–29. http://dx.doi.org/10.2166/wp.2006.0014.
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Since the early 1990s, in France, the increase in water prices and the denunciation of public–private partnerships have encouraged the state, water companies and local authorities to enhance management transparency and develop their relationships with consumer groups. The opening to user representatives is challenging the French model of water supply management. These transformations are resulting in tensions between different representations of users as consumers or citizens. Between consumer and citizen, which representation is actually emerging and how is the user's status affected? At the national level, the state and consumer groups tend to develop a pro-consumerist policy involving reflection on price levels, the efficiency of utilities and consumer information. On the other hand, companies are trying to highlight the representation of the citizen concerned about the environment and water quality. At the local level, user status varies with context. The user can be perceived either as a simple consumer or as a citizen–consumer hybrid. The examples of Grenoble and Ardèche show that consumption issues can be open to debate about public choices, investment strategies or drinking water quality. This opening up of debate depends on local authorities' competence and communication strategies, consumer groups' agendas and specific local issues (e.g. resource scarcity, corruption).
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Perrot, Xavier. "Colonial Booty and Its Restitution – Current Developments and New Perspectives for French Legislation in This Field." Santander Art and Culture Law Review 8, no. 2 (December 30, 2022): 295–310. http://dx.doi.org/10.4467/2450050xsnr.22.023.17036.
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Recent developments in French and international laws concerning the return of cultural property from formerly colonized territories are particularly rich. Most States with large collections of non-European objects are now faced with claims from the countries from which these objects were transferred. France, after having long maintained a legal stance based on strict respect of the principle of inalienability of public collections, has recently changed its position statement. In 2017, in Ouagadougou, the President Emmanuel Macron said he was in favour of returning African heritage to Africa. Three years later, on 24 December 2020, the Parliament adopted a law that partially fulfilled the President’s wish, by identifying 27 objects for return to Benin and Senegal. As this article will explain, the law’s passage was fraught, and opinions continue to diverge on a case-by-case (or object-by-object) approach to return versus a generic statute. There are also questions about what drives the idea of return – from legal responsibility, to moral duty in view of French history, to contemporary politics and diplomacy.
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Kalish, Dar'ya. "Specificity of the interpretation of constitutionality in the Fifth Republic in France." Sravnitel noe konstitucionnoe obozrenie 30, no. 3 (2021): 125–40. http://dx.doi.org/10.21128/1812-7126-2021-3-125-140.
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In France, the understanding of the constitutionality of law and the wider institution of constitutional control have interesting features, especially when compared to other countries that use the traditional, legal European (Kelsen’s) model. These include the originality of the standard, against which legislative acts are checked. It is the so-called constitutional bloc, which, in addition to the 1958 Constitution itself, includes the Declaration of the Rights of Man and Citizen of 1789, the Preamble to the 1946 Constitution, the 2004 Environmental Charter, as well as the principles to which the Constitutional Council attaches constitutional significance. A feature of French public law in accordance with the 1958 Constitution is the non-universal legislative competence of parliament and the delimitation of the areas of regulation of law and regulations (government acts). In this regard, one of the requirements for the constitutionality of the law in France is that it should not interfere with the sphere of regulatory power, that is, it should not touch upon issues that are not attributed to the subject of legislative regulation by the Constitution. However, Parliament’s violation of the delimitation of legislative and regulatory regulation established by the Constitution does not include the unconstitutionality of the corresponding law (its individual provisions), instead only allowing the Government to amend them by its decrees. For a long time in France, there was only preliminary constitutional control over laws, legislative proposals submitted to a referendum, regulations of the chambers of Parliament and international treaties. As a result of the 2008 constitutional reform, a specific, subsequent constitutional review was introduced. It can be initiated in the Constitutional Council by the Court of Cassation or the Council of State upon an appeal, respectively, by a court of general jurisdiction or an administrative court, before which a statement is made that the law being applied to the dispute under consideration violates constitutionally guaranteed human rights. The institution of subsequent constitutional review has proved to be in great demand, and currently, most of the Constitutional Council’s decisions are made within its framework. In modern France, the development of legislation is significantly influenced by EU law. However, neither the Constitutional Council nor the Council of State directly monitor the compliance of laws and regulations with international treaties and EU law.
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Terekh, O. "ALTERNATIVE WAYS TO RESOLVE LABOUR DISPUTES: PRACTICE OF UKRAINE AND THE EU." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 113 (2020): 61–66. http://dx.doi.org/10.17721/1728-2195/2020/2.113-12.
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This article explores alternative ways of resolving labour disputes through the analysis of relevant regulations of Ukraine and the Member States of the European Union, in particular, France, Bulgaria and Poland, and compares the relevant regulations in this area by contrasting the provisions of domestic and foreign legislation. The purpose of the article is to explore the ways to alternatively resolve labour disputes by analyzing the relevant legal doctrine and provisions of domestic and European law, to identify the advantages and disadvantages of such methods as mediation, conciliation, arbitration, to suggest ways to improve existing legislation. It is noted that the lack of proper legal regulation of alternative dispute resolution today is not the only. Thus, it emphasizes the need to train personnel who could perform the functions of mediators in labour disputes, as well as the need to conduct a comprehensive information policy to inform the public about the benefits of alternative dispute resolution as opposed to litigation, to which the author, in particular, relates the speed, efficiency and focus on maintaining labour relations. In addition, consideration is given to the feasibility of introducing mandatory pre-trial procedures for the settlement of labour disputes. The results of the study can be used for further research in the study of alternative ways of resolving labour disputes, and the formulated proposals can be used to improve existing legislation in the field of labour disputes. Keywords: a labor conflict, mediation, conciliation, arbitration courts, arbitration, a labor dispute commission.
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Markova, O. "Comparative legal analysis types of administrative procedure." Юридичний вісник, no. 3 (October 5, 2020): 29–37. http://dx.doi.org/10.32837/yuv.v0i3.1902.
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The author conducts a comparative legal study of the types of administrative procedure, using the experience of the United States, France and Poland in order to form a conceptual overview and a systematic approach to the typology of administrative procedure.The author monitors the procedural legislation of the above countries in order to consolidate the types of administrative procedure.In the course of research the author comes to conclusions, in particular: in the USA types of administrative procedure depend on type of rule-making. In accordance with the provisions of the US Federal Act “On Administrative Procedure” distinguish: formal rulemaking, informal, exclusive, hybrid and conciliatory. The approach of the Polish legislator to the types of administrative proceedings differs from the approach of the American legislator in a differentiated nature. The Code of Administrative Procedure reflects the general approach, as the types of proceedings presented in it cover the main activities of public administration bodies, and as for special – the legislator has provided for special regulation.In the legislation of many foreign countries, the general model of administrative procedure is fixed at the level of the Law or Code.As for the Ukrainian legislation, today, the Law “On Administrative Procedure” is absent, therefore, all procedures automatically become special. Details of various aspects of various types of administrative procedures take place both at the level of special laws and at the level of by-laws issued by other executive bodies. The list of these acts is so extensive and heterogeneous that there can be no question of the full compliance of the provisions embodied in them with each other. Moreover, such a variety obviously causes difficulties with the search for anapplicable norm for a private individual who is faced with a particular administrative procedure, and even for officials.The conducted comparative analysis of the species diversity of the administrative procedure will help us: firstly, to formulate a comprehensive vision and develop a unified approach, secondly, to rethink the conceptual framework within which the administrative procedure operates, and thirdly, it will provide an opportunity to introduce proposals into the project legislation.
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Matveyeva, T. "Formation of the continental system of European law by the example of the Old Athens and the Sparta." Analytical and Comparative Jurisprudence, no. 2 (July 24, 2022): 20–26. http://dx.doi.org/10.24144/2788-6018.2022.02.3.
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The creation and development of modern law is a long historical process spanning several centuries and began with the writing of barbaric Truths (Salichna Pravda, Ripuarska Pravda, Primorsky Salic Franks, etc.). This process was more smooth and evolutionary than the corresponding processes in the field of state formation, where they were often established in a revolutionary way.
The origin of modern law begins with the reception of Roman law and the law of ancient Greece .. Thus was born city law, international trade law, whose roots are quite deep and strong. But at the same time the legal systems of the Middle Ages were very imperfect, and many of their provisions hampered the development of political democracy and capitalist entrepreneurship in the era of feudalism. These features of medieval legal systems, characterized by the lack of internal unity, prevented progressive changes, both in the state and in law.
The reform of the old feudal law on a new bourgeois basis was carried out by revolutionary coups - the English Revolution of the 17th century and the French Revolution of the 18th century. These revolutions have largely led to the unjustified destruction of the legal structure created over the centuries, to the breakdown of traditional legal culture, to legal nihilism and voluntarism. Ultimately, they led to significant changes in the field of law, to the formation of a new legal order, which led to the formation and rapid development of capitalism.
Modern law in the West (primarily Anglo-Saxon and European continental law of France) was formed and developed as a logical continuation of the previously formed systems of medieval (eg, "common law") and even ancient Roman law. The new law could not be something significantly different from the previous law, because in its self-development it absorbed, preserved and used many of its constructive, socially useful elements.
Modern law of the 20th and 21st centuries is largely based on previous law, the same laws of France (customary law), Roman law; moreover, the pre-revolutionary systems of England and France and Germany did not disappear without a trace. Much of it has been updated in modern law, as medieval law functioned in a society that already knew both private property and market relations and a fairly high level of legal technique.
The formation of new law meant the formation of bourgeois capitalist law, broke guild corporations and feudal monopolies, creating the necessary space for the growth of production and trade, for personal initiative, for the full use of needs is developing rapidly. (1, 48-51)
Modern law, in contrast to pre-revolutionary law, which was characterized by disunity and particularism, was born everywhere in the form of integrated national legal systems. It was capitalism, breaking all kinds of castes, regional, customs and other barriers, led to the emergence of not only nation-states but also national legal systems. The legal system acquires a new way of its existence - the system of legislation and the system of law, which was practically present only in its infancy in ancient and medieval societies. The dominant principle in the legal systems of modern times is constitutional (state, public) law, on the basis of which the legal structure of any society was built.
Legislation had a special system-forming significance in the formation of the new law.
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Buriak, K. M. "FEATURES OF CONFLICT-OF-LAWS REGULATION OF INTERNATIONAL WORK RELATIONS." Constitutional State, no. 41 (March 17, 2021): 103–8. http://dx.doi.org/10.18524/2411-2054.2021.41.225615.
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The article provides a comprehensive legal study of the basic principles of conflict-oflaws and legal regulation of work, complicated by a foreign element. It is determined that work relations complicated by a foreign element include: work of local citizens with foreign employers outside their country; foreign business trips of citizens to work abroad; work at enterprises owned by foreign entrepreneurs on the territory of their state; work of foreigners in the host state. It is noted that conflict-of-laws issues in the field of work relations complicated by a foreign element arise due to the specifics of the national legislation of each of the countries and the inconsistency of private international law in this area. The article analyzes the peculiarities of work of foreigners in Austria, Brazil, Canada, China, Romania, USA, Tunisia, Hungary, Ukraine, France, Germany, Czech Republic, Sweden, Switzerland, Japan. Based on the analysis it is concluded that the working conditions of emigrants are regulated by Public Law Regulations, which are mandatory and less humane in their content than the general conditions established by the general labor legislation and collective agreements. Foreign workers are directly dependent on entrepreneurs due to threats of expulsion, language difficulties, lack of professional training and other reasons. It is characterized by free overtime work, non-provision of vacations and sick leave. The article describes the conflict-of-laws bindings, which regulate work relations complicated by a foreign element, namely: the law of the autonomous will of the parties, the law of the place of performing of work, the law of the location of the employer, the law of the place of conclusion of an employment contract, the principle of the employer's personal law, the law of citizenship (domicile), the law of the flag, the principle of the closest connection. The features of the operation of conflict-of-laws bindings regulating work relations complicated by a foreign element in countries of different legal families are considered
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Egorova, Maria A. "Features of exercising control over economic concentration: the experience of Russia, France and USA." RUDN Journal of Law 25, no. 3 (August 23, 2021): 654–72. http://dx.doi.org/10.22363/2313-2337-2021-25-3-654-672.
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The relevance of the topic is due to the comprehensive development of digital technologies and the need for timely legal regulation of new phenomena of public life. Digitalization is not only rapidly penetrating all sectors of the economy, but is a trigger for the creation of qualitatively new economic relations. The digital transformation of the economy and markets, in addition to objective advantages, also carries negative consequences. Negative manifestations are possible in the monopolization of commodity markets. Antitrust laws are changing in line with the expansion of digital markets. The article identifies the main obstacles to regulating monopolies in the digital economy. The practice of antimonopoly regulation of digital platforms is considered. The tasks of adopting the fifth antimonopoly package as expanding the scope of the Federal Law On Protection of Competition are outlined. In addition, the concept of economic concentration is analyzed, as well as signs of restricting competition when considering transactions in its conditions. Particular attention is paid to differences in approaches to regulating the digital market in Russia, France and USA. A comparative analysis of the antimonopoly legislation of Russia, France and USA, types of economic concentration, regulations for control over concentrations at the level of different jurisdictions has been carried out. The phases of control over economic concentration, the powers of the antimonopoly authorities, the assessment of criminal encroachments on competition are considered in detail.
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Shulakov, A. A. "RUSSIAN FEDERATION PUBLIC POLICY INTERESTS AND INTERNATIONAL ADOPTION." Lex Russica, no. 11 (November 22, 2019): 56–69. http://dx.doi.org/10.17803/1729-5920.2019.156.11.056-069.
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The article is devoted to the protection of the Russian Federation public policy interests in the field of intercountry adoption. It is established that strengthening of such protection entails changes in the legislation. Such changes are connected either with the super-mandatory character of already existing statutory mandatory substantive rules or with the emergence of new super-mandatory rules. In the field of intercountry adoption in Russia, this process is particularly striking. The study highlights that the general equation contained in Art. 1192 “Rules of direct application” of the Civil Code of the Russian Federation establishes two ways that allow by analogy to determine the super-mandatory nature of certain mandatory substantive rules stated in the Family Code of the Russian Federation: “by reference in the mandatory rules themselves” (the over-mandatory character of the rule is expressly determined by the legislator) or “because of their particular importance also for the protection of rights and legally protected interests” (the over-mandatory character of the rule is determined by the executor of law). It is concluded that the emergence of constitutionally significant values/public interests in the content of the mandatory substantive rule (“protection of morals, health, rights and legitimate interests of other family members and other citizens”, etc.) forms a criterion that allows the executor of the law to determine such rules as rules of over-mandatory character. Based on the analysis of international treaties of the Russian Federation on interstate cooperation in the field of adoption of children, the article defines the fundamental principles that make up the structure of intercountry adoption in the Russian Federation. It is established that the additional conditions and requirements of the state of child’s origin are included in the regulation of intercountry adoption (provisions of articles 165, 124-133 of the Family Code of the Russian Federation; provisions of bilateral treaties between Russia and European countries where more than 85% of Russian children are adopted (France, Italy, Spain)) to protect the interests of the RF public policy.
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Rajneri, Eleonora, Peter Rott, and Jean-Sébastien Borghetti. "Remedies for Damage Caused by Vaccines: A Comparative Study of Four European Legal Systems." European Review of Private Law 26, Issue 1 (February 1, 2018): 57–95. http://dx.doi.org/10.54648/erpl2018004.
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Abstract: Compensation for damage caused to patients by vaccination is an increasingly prominent issue given the important public health consideration of ensuring the highest possible take-up of vaccination. This study explores the approach to vaccine damage cases in four different European countries (France, Germany, Italy and the UK), examining the variety of different mechanisms for providing redress, including specific compensation funds, social security systems, the operation of orthodox regimes of tort law and product liability, as well as in certain jurisdictions bespoke legislation for healthcare products or pharmaceuticals. The authors then go on to examine the recent case law on this topic at a Member State and European level, focussing particularly on issues relating to the notion of defect and that of causation in vaccine damage cases. Zusammenfassung: Der Ersatz von Impfschäden gewinnt angesichts des Bestrebens, zur Sicherung der Volksgesundheit eine möglichst hohe Impfdichte zu erreichen, ständig an Bedeutung. Diese Studie untersucht die Herangehensweise an Impfschäden in vier EU-Mitgliedstaaten (Deutschland, Frankreich, Großbritannien und Italien), indem sie die verschiedenen Mechanismen, den Geschädigten Ersatz zu verschaffen, analysiert, darunter spezielle Entschädigungsfonds, sozialrechtliche Instrumente, klassisches Delikts- und Produkthaftungsrecht und schließlich sektorspezifische Gesetzgebung. Zudem erörtern die Autoren die jüngste Rechtsprechung auf mitgliedstaatlicher wie auf EU-Ebene, unter besonderer Berücksichtigung des Fehlerbegriffs und der Kausalität in Impfschadensfällen. Résumé: La réparation des dommages causés par les vaccins est une question majeure, compte tenu notamment de l’objectif de santé publique visant à obtenir une couverture vaccinale aussi large que possible de la population. Cette étude s’intéresse à la manière dont sont appréhendés les dommages imputés aux vaccins dans quatre pays européens (l’Allemagne, la France, la Grande-Bretagne et l’Italie) et envisage différents mécanismes d’indemnisation, en particulier les fonds d’indemnisation, la sécurité sociale, les règles de droit commun de la responsabilité civile ainsi que les règles spéciales applicables aux produits de santé et aux médicaments dans certains pays. Les auteurs se penchent également sur la jurisprudence en la matière, au niveau national et européen, s’intéressant particulièrement à la notion de défaut et à la caractérisation du lien de causalité dans les affaires relatives aux dommages attribués aux vaccins.