Artykuły w czasopismach: „Practical legal problems”

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Fargiev, I. A. "Legal Relations: Debatable Theoretical and Practical Problems". RUSSIAN JUSTICE 4 (kwiecień 2019): 91–102. http://dx.doi.org/10.17238/issn2072-909x.2019.4.91-102.

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Harwood, J. H. "Legal and Practical Problems of Effluent Disposal". Journal of the Society of Dyers and Colourists 77, nr 11 (22.10.2008): 537–43. http://dx.doi.org/10.1111/j.1478-4408.1961.tb02405.x.

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Ulugbek, Mirzo, i Sadikov Khamid Yuldashevich. "Practical-legal problems of the land procedural affairs". Asian Journal of Multidimensional Research (AJMR) 8, nr 3 (2019): 21. http://dx.doi.org/10.5958/2278-4853.2019.00079.x.

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Van Dyke, Jon M. "Legal and Practical Problems Governing International Straits 1". Ocean Yearbook Online 12, nr 1 (1996): 109–25. http://dx.doi.org/10.1163/221160096x00085.

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Mickiewicz, Lyudmila A. "Administrative and Legal Act: Classical Theory and Practical Problems". Journal of Siberian Federal University. Humanities & Social Sciences 8, nr 10 (październik 2015): 2033–40. http://dx.doi.org/10.17516/1997-1370-2015-8-10-2033-2040.

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Suprun, Yana Ivanovna, i Anastasiya Maksimovna Kozlova. "Practical and theoretical problems of legal regulation of surrogacy". Политика и Общество, nr 1 (styczeń 2021): 1–12. http://dx.doi.org/10.7256/2454-0684.2021.1.35608.

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The subject of this research is the legal norms applied to the surrogacy program as an independent institution that requires a separate place in the system. The object of this research is the social relations arising in the sphere of surrogacy procedures for future parents, as well as protection of the rights of a child born from artificial insemination. Special attention is given to such aspects as the surrogacy contract, registration of a child born to a surrogate mother, court opinion on the refusal to register a child born to a surrogate mother, and right of a single father to register a child born to a surrogate mother. The novelty of this article lies the analysis and examination of case law dedicated to the practical and theoretical problems of using surrogacy. The definitions are provided to the concepts of surrogacy and surrogate mother. Recommendations are made on the amendments to family and civil legislation by introducing norms that would regulate and determine the legal nature of surrogacy contract, norms on the child’s registration by the genetic parents who are not legally marries, as well as norms that to regulate the rights and responsibility, legal status of the father of a child born to a surrogate mother.

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Brahams, Diana. "Clinical trials — some medical, ethical, legal and practical problems". Journal of Management in Medicine 1, nr 4 (kwiecień 1986): 347–56. http://dx.doi.org/10.1108/eb060456.

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Dheeraj, Abhaykumar B., i Sudhir D. Nanandkar. "Practical Problems Encountered in Conducting Medico-Legal Autopsies in Custodial Deaths: A Research Study". Indian Journal of Forensic Medicine and Pathology 10, nr 3 (2017): 188–91. http://dx.doi.org/10.21088/ijfmp.0974.3383.10317.2.

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Ershov, V. V. "Russian Regulatory Legal Acts and Regulatory Legal Agreements". Rossijskoe pravosudie 4 (24.03.2020): 16–27. http://dx.doi.org/10.37399/issn2072-909x.2020.4.16-27.

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The article analyzes theoretical and practical problems of Russian normative legal acts and normative legal agreements, including differentiation of concepts «sources of law» and «forms of law»; problems of advanced lawmaking, «rule of law», principles of law, correlation between principles of law and norms of law, adoption of the Code «Sources and forms of law in Russia».

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Cullen, MH. "Introducing New Treatment for Cancer. Practical, Ethical and Legal Problems". British Journal of Cancer 66, nr 6 (grudzień 1992): 1207. http://dx.doi.org/10.1038/bjc.1992.446.

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Bell, M. D. D., i A. R. Bodenham. "Problems and pitfalls of practical procedures: a medico-legal perspective". Current Anaesthesia & Critical Care 9, nr 6 (grudzień 1998): 278–89. http://dx.doi.org/10.1016/s0953-7112(98)80015-x.

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Rubin, G. R. "Peace support operations and practical legal problems ‘on the ground’". RUSI Journal 144, nr 6 (grudzień 1999): 27–35. http://dx.doi.org/10.1080/03071849908446462.

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Kosatkina, Olga Viacheslavovna. "Legal Symbols". Interactive science, nr 11 (45) (20.11.2019): 64–67. http://dx.doi.org/10.21661/r-508485.

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The article is devoted to the features of legal symbols use in the Russian Federation, special attention is paid to the requirements established for legal symbols, as well as the existing problems of legal symbols practical use are defined in the article.

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Upton, Hugh. "Ethical theories and practical problems". Nursing Philosophy 4, nr 2 (lipiec 2003): 170–72. http://dx.doi.org/10.1046/j.1466-769x.2003.00124.x.

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Birmingham, Luke, i Martin S. Humphreys. "Practical and legal aspects of withholding patient's mail". Psychiatric Bulletin 26, nr 5 (maj 2002): 166–69. http://dx.doi.org/10.1192/pb.26.5.166.

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There are a number of different clinical circumstances in which the issue of incoming and outgoing mail to or from a patient in a psychiatric hospital, whether detained or not, may present particular difficulties. Under current mental health legislation there is provision for post to be stopped or inspected on clinical and legal grounds (Jones, 1999), but these are fairly limited and concern only outgoing mail in specific circumstances, other than for patients detained in special hospitals (Mental Health Act (MHA) 1983). The issue of patients' mail may lead to problems in day-to-day practice where patients' desire to send or receive correspondence is linked to their abnormal mental state, is a direct result of symptoms of their illness or when it might constitute a potential or actual criminal offence. This paper reviews the relevant part of the MHA 1983 and describes three case vignettes that illustrate some of the difficulties and potential solutions to problems associated with patients' correspondence.

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Kravchenko, I. O. "CERTAIN LEGAL ASPECTS OF PRACTICAL COMPETENCIES’ FORMATION FOR APPLICANTS OF LEGAL EDUCATION". Actual problems of native jurisprudence 3, nr 3 (czerwiec 2021): 16–23. http://dx.doi.org/10.15421/392143.

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One of the Ukraine’s priorities is to create effective mechanisms for improvement of training system in the legal sphere. Successful solutions of these problems, as well as ongoing reforms in all areas related to the training of highly qualified legal personnel in the country, the formation of civil society and implementation of the rule of law in the domestic legal system, require further improvement and raising legal education to a new level, compliance with international standards. It should be noted that a number of important steps have been taken in Ukraine to improve legal education, but this issue is currently urgent and is being discussed not only by the academic community, but also by representatives of the legal professions and communities. Ukraine’s European integration intentions and the prospect of its membership in the European Union have set a double challenge for the domestic legal education system. On the one hand, the internationalization of the economy and the formation of a common market for services have added to the problems of higher education such an aspect as the need to provide quality legal education that would meet the needs of the labor market. On the other hand, the formation of specialists with sustainable practical skills by improving the mechanisms of academic mobility based on interethnic cooperation, innovative teaching methods, continuing the development of clinical education, forming a mechanism for non-formal education in the educational process, forming and improving internship programs, expanding practice-oriented courses and the role of the applicant’s independent work as a basis for the formation of future lawyers able to act quickly in changing living conditions. Acquisition of practical skills can be divided into several groups: 1. Acquisition of practical skills in classes through the use of innovative teaching methods. 2. Formation of practical skills at the objects of internship (court, prosecutor’s office, advocacy, legal departments of enterprises, organizations, institutions, agricultural holdings). 3. Informal legal education, when the applicant independently develops their professional and practical skills through individual courses, internships, webinars, training in summer and winter law schools. The need to improve the paradigm of legal education is to move away from educational programs focused on content to educational programs focused on program learning outcomes, which will relate to the formation of general and professional competencies, the main purpose of which is the ability to effectively and responsibly solve legal problems, form professional skills for legal education applicants, lifelong learning skills, analytical skills, etc. Modern legal education should be action-oriented, i.e. it does not establish what should be studied, but establishes what competencies a person should have after graduation.

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Bezdieniezhnykh, N. O., V. V. Reznikova i O. V. Rossylna. "SCIENTIFIC-PRACTICAL AND LEGAL PROBLEMS OF IMPLEMENTATION OF THE PERSONALIZED MEDICINE". Experimental Oncology 39, nr 3 (22.09.2017): 229–33. http://dx.doi.org/10.31768/2312-8852.2017.39(3):229-233.

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The article is devoted to the comprehensive analysis of scientific, practical and legal issues of personalized medicine that is a rapidly developing science-driven approach to healthcare. It is concluded that there is lack of general legal framework for the encouragement of scientific researches and practical implementation in this field. The article shows foreign experience and prospects for the introduction of personalized medicine as a key concept of healthcare system, which is based on a selection of diagnostic, therapeutic and preventive measures that would be the most effective for a particular person in view of individual characteristics. The conclusions and proposals to improve the current legislation and development of personalized medicine in Ukraine are suggested.

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Bushueva, Irina Viktorovna, Larisa Kudryavtseva i Salekh Aysayevich Khodzhaliev. "Legal regulation and practical features of travel risk insurance". LAPLAGE EM REVISTA 7, Extra-C (30.06.2021): 431–38. http://dx.doi.org/10.24115/s2446-622020217extra-c1030p.431-438.

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The purpose of this article is to find the most effective ways to protect the interests of citizens traveling on tourist trips. The main problems of tourist insurance have been identified, current aspects of insurance coverage, payment limits, and exclusions from coverage have been reflected. The current situation with various types of insurance used in the tourism industry has been considered, the current problems of civil liability insurance of tourist organizations have been studied, a comparison of the effectiveness of the insurance mechanism and the bank guarantee in this area has been made. Proposals for improving the legal regulation of the responsibility of tourism service providers have been formulated. It has been concluded that it is necessary to use the studied international experience in regulating the civil liability of tourism service providers.

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Zarapina, L. V., i N. Yu Belokopytova. "PROBLEMS OF LEGAL REGULATION OF SURROGACY". Law Нerald of Dagestan State University 38, nr 2 (2021): 68–72. http://dx.doi.org/10.21779/2224-0241-2021-38-2-68-72.

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The article examines the theoretical and practical issues of legal regulation of the institute of surrogacy in the context of the current legislation. The authors analyze the positive and negative aspects of the institute under consideration, as well as the prospects for its application in Russian civil law. It is concluded that the public assessment of the current legal regulation of surrogacy in Russia is ambiguous, and the ongoing scientific discussions reinforce the need for early legislative reform. The authors note the fragmentary and not systematic approach of the authorities in the application of the law on surrogacy, due to the problem of legal regulation, as evidenced by the materials of judicial practice. The authors come to the conclusion that the considered institution of surrogacy, despite its positive aspects, needs adjustments and changes regarding the measures of responsibility for non – performance of the contract, determining the circle of persons participating in the contract, fixing the obligation of the surrogate mother to transfer the child born to her genetic parents.

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TATSIIENKO, Valerii, Ivan MIROSHNYKOV, Volodymyr KROITOR, Alevtina BIRIYKOVA, Elvira ORZHYNSKA i Vitalii OPERUK. "Problems of Legal Regulation Tourism Safety Problems and Ways to Solve Them". Journal of Environmental Management and Tourism 12, nr 2 (29.03.2021): 515. http://dx.doi.org/10.14505//jemt.12.2(50).20.

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The article provides a general description of the safety of tourism, namely: the history of the issue of ensuring safety in tourism is analyzed, the concept, types and tasks of tourism safety are revealed, and the classification of risks (threats) and sources of danger in the field of tourism is considered; defined the concept, structure and content of the administrative and legal institute of tourism safety, and also disclosed the legal regulation in the field of tourism safety; disclosed the concept and content of administrative and legal tourism safety regime, classify it into types (sub-regimes); describes the administrative and legal measures to ensure the safety of tourism; highlighted the main security problems in the field of tourism and formulate ways to solve them. The purpose of the thesis is a comprehensive and comprehensive research theoretical and practical problems of administrative and legal ensuring the safety of tourism.

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Teshaboev (PhD), Mukhiddinjon Marifovich. "CURRENT PROBLEMS AND PHILOSOPHICAL AND LEGAL SUPPORT OF SOCIAL JUSTICE IN SOCIETY". Oriental Journal of Social Sciences 01, nr 01 (22.05.2021): 16–21. http://dx.doi.org/10.37547/supsci-ojss-01-03.

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This article analyzes the important strategic importance of the problems of social justice. The article also raises the question of fundamental problems and philosophical and legal problems of ensuring social justice, presents various methods and tools for its solution. On a scientific basis, the possibilities of society to ensure social justice in society and the formation of a legal basis for social justice in legislation are studied. In this regard, scientific and practical recommendations were given, taking into account the trends in the development of world science in the field of increasing social justice in society.

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Nicholson, Richard. "Book Review: Moral problems in medicine: a practical coursebook". Nursing Ethics 7, nr 1 (styczeń 2000): 89–90. http://dx.doi.org/10.1177/096973300000700115.

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Imomov, Nurillo. "THEORETICAL AND PRACTICAL PROBLEMS OF THE FOUNDER’S LIABILITY OF A LEGAL ENTITY UNDER UZBEK LAW". Review of Law Sciences 5, nr 4 (24.12.2021): 47–56. http://dx.doi.org/10.51788/tsul.rols.2021.5.4./mvfh8888.

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The issues related to the liability of a legal entity, the existing problematic and conceptual aspects to be solved, the long-standing controversial issues should be analyzed on the basis of the current realities, market laws developed on the basis of economic and legal reforms in our country. Put simply, the responsibility of a legal entity means that it is liable for its obligations with the property belonging to it. In this case, the legal entity is liable for failure to fulfill its obligations with the property in its possession. However, this simple construction is not always sufficient for the liability of a legal entity. In many cases where liability for a legal person’s obligations arises, its property may be lost, in which case the problem arises as to who is liable. Indeed, as noted in the above paragraphs, it has been recognized that the essence of building a legal entity is to separate the assets of the founders and participants from the assets of the legal entity and the ownership of assets held by the legal entity. From this point of view, the insufficiency of the property held by the legal person to secure its liability means that the remaining claims of creditors will not be satisfied. However, in this case various abuses and scandals are possible on the part of the persons who violated the creditor’s interests and created the legal entity, benefited from it and directly carried out its activities. Thus, current legislation determines the relationship and responsibility of two independent persons - the legal entity itself and its founder (shareholders) in determining the liability of legal persons, and this approach is typical for almost all organizational-legal forms of legal entities.

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Narzullaev, Olim Khomamatovich. "Protection Of Biological Resources And Problems Of Legal Regulation Of The Use Of Biodiversity". American Journal of Political Science Law and Criminology 03, nr 02 (10.02.2021): 1–6. http://dx.doi.org/10.37547/tajpslc/volume03issue02-01.

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This article provides suggestions and comments on the development of new legislation on the basis of new definitions, improvement of normative and legal documents and their analysis related to the protection and rational use of wildlife. The aim of the research work is to develop, on the basis of a complex analysis of legal relations connected with legal regulation of biological resources in Uzbekistan, a scientific and practical proposals and recommendations for improving environmental legislation, as well as ensuring the effectiveness of law enforcement practice. The object of the research is a system of social relations connected with the protection and legal regulation of using biological resources.

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Resnik, David B. "Practical Problems Related to Health Research Funding Decisions". American Journal of Bioethics 18, nr 11 (2.11.2018): 21–22. http://dx.doi.org/10.1080/15265161.2018.1523494.

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Marzuki, Peter Machmudz. "The Essence of Legal Research is to Resolve Legal Problems". Yuridika 37, nr 1 (1.03.2022): 37–58. http://dx.doi.org/10.20473/ydk.v37i1.34597.

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Legal research is carried out to resolve legal problems. Since jurisprudence is a prescriptive science, legal research is conducted to produce prescription. The prescription may be the basis of resolving the legal problem. It is different from research for behavioral science or social research which is to verify a hypothesis. Data are needed to verify the hypothesis. On the other hand, legal research does not need data since it is not conducted to verify a hypothesis. Social research is to find coherence truth while, legal research is to discover coherence truth. Despite usage of induction in establishing argument, legal research does not use data to find the truth because the truth found is coherence truth. Legal research may be for practical purpose or for academic activity but is still like any other research and begins with problem, which is a legal problem. Legal problems in legal research should be clearly defined; otherwise, there will be misapplication of law to the problem. Consequently, the problem will not be solved. Legal problems may be causal relationship, functional relationship, or two propositions where the latter proposition gives clear meaning to the first proposition. The type of legal problem should be identified. It is necessary to collect legal research materials, which may be primary legal materials, secondary legal materials, and non-legal materials. The non-legal materials are supporting and complementary materials. Legal research may be carried out by using approaches as necessary. There are five types of approaches, statute approach, case approach, historical approach, comparative approach, and conceptual approach. The respective approach should be used appropriately.

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Chernega, R. "PRACTICAL PROBLEMS IN THE FIELD OF LEGAL PROTECTION OF LABOR IN UKRAINE". Social Law, nr 2 (23.04.2019): 93–101. http://dx.doi.org/10.37440/soclaw.2019.02.14.

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In the article the current state of labor security is investigated. The shortcomings and gaps of thelegislation in the specified area have been identified. The list of practical problems in the field of legalprotection of labor protection is formulated. The author's suggestions for their solution have beendeveloped

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FEDCHYSHYN, D. V. "PRACTICAL LEGAL PROBLEMS OF USING AQUATIC BIORESOURCES IN THE FIELD OF FISHERIES". Entrepreneurship, Economy and Law, nr 2 (2022): 128–34. http://dx.doi.org/10.32849/2663-5313/2022.2.20.

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Коршунова, Татьяна, i Tatyana Korshunova. "Secondment Contracts: Several Problems". Journal of Russian Law 4, nr 10 (19.09.2016): 0. http://dx.doi.org/10.12737/21542.

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The secondment contract is a new one in Russian legislation, and the question of its legal nature is both of theoretical and practical interest. The article analyzes the contents of such contract, legal status of its sides. As a result of the conducted researches the author has reached the conclusion that the secondment contract cannot be recognized as a paid service contract, but it is a package contract mentioned in the legislation, the regulation of which is carried out using the norms of civil and labour laws. In addition, the problem of determining the parties of the secondment contract was considered in present article. The author noted that such contracts can be made not only by the private employment agencies but by other legal entities, including foreign legal entities and their affiliates (excluding individuals). The author proposed an unusual approach to the definition of "foreign entity" and "affiliate" which claims an attention. Also in the article were analyzed the legislative provisions restricting the possibility of concluding secondment contract.

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Maliar, S. A., i L. V. Gryshchenko. "Nephews as Subjects of Inheritance: Theoretical and Practical Aspects". Bulletin of Kharkiv National University of Internal Affairs 94, nr 3 (29.09.2021): 26–33. http://dx.doi.org/10.32631/v.2021.3.02.

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The article is focused on the problems of legal succession by a special category of lawful heirs – nephews. The analysis of scientific works, the authors of which studied specific features of legal succession, has been carried out. All stages of legal succession in accordance with the Civil Code of Ukraine have been listed. The current legislation, court decisions, legal doctrine have been analyzed; and it has been established that inheritance by nephews has problems in practical application. The procedure of inheritance by nephews according to the right of representation has been studied taking into account that it currently remains one of the problematic issues in practical application. It has been established that it is the way how the legislator protects the property rights and interests of the latter. The authors have determined that if there are several lawful heirs (nephew, niece), the share of the deceased testator is divided equally between lawful heirs. It has been noted that inheritance law as an institution of civil law occupies a leading place in the system of protecting human rights and interests. It is due to the fact that hereditary relations began to be formed and protected by Roman lawyers. Both our state and many foreign states still pay much attention to improving the legislation in the field of inheritance law. The authors have noted that the relevance of the above institution is the fact that the subject matter of these legal relations are always property rights and responsibilities, and their protection depends on the proper implementation of the law enforcement function of state authorities. Given that the legal consequences for lawful heirs occur after the death of the testator, the main task of state authorities is to ensure the proper transfer of inheritance to lawful heirs. The authors of the paper have focused on the way how to prove the family and other relations of lawful heirs with the testator, because it is an important aspect of inheritance relations, since the correct establishment of family relationship influences the legal transfer of inheritance. It has been established that there are practical and theoretical problems in these legal relations, which are related to the procedure of inheritance transfer to the above-mentioned subjects.

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Belyaev, M. V., i O. V. Kachalova. "Judicial Decisions in Russian Criminal Proceedings: Current Theoretical and Practical Problems". Pravosudie / Justice 2, nr 2 (11.06.2020): 49–66. http://dx.doi.org/10.37399/issn2686-9241.2020.2.49-66.

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Introduction. The importance of judicial decisions in criminal proceedings is determined by their observance of the established stages of such criminal proceedings. The quality of judicial decisions determines the fairness of justice, and the ability of the state to effectively protect the rights and freedoms of the individual. Theoretical Basis. Methods. The object of the study is the legal relationship arising, changing and resolving, in connection with the adoption of court decision. The methodological basis of the research is the universal dialectical method of cognition, including observation, methods of analysis and synthesis, structural and functional method. Results. The authors came to the conclusion that the main institutional features of judicial decisions (procedural form, requirements to the content regulated by the law, the procedure for making, binding, special procedure for their verification and review) are determined by their nature, as well as by the specifics of the epistemological activity of the court when making them. Judicial decision making is a complex mechanism consisting of a set of various structural elements that correspond with one another in various multiple direct and indirect relationships. Discussion and Conclusion. Judicial decision as an act of judicial power should reflect its basic properties: independence, regulation and law enforcement, decisiveness and objectivity. Judicial decisions taken together must meet the full requirements of the judiciary. The most important property of a court decision is its compliance with the requirements of legal norms. Among the features of the legal nature of the judgment should include: the relevance of the hierarchy of legal regulations governing its form, its content and procedure, and the proper interpretation of the rules of law applied in making this decision. The validity of the court decision is based on an objective semantic link between the results of the evidence, which are reflected in the descriptive and motivational part of the decision, and the direct conclusions of the court on the merits of the issue under consideration in the operative part. The higher the level of proof required in making a decision and the more clearly regulated the procedure of proof and decision-making – the higher the degree of fairness of the court decision.

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Belyaev, M. V., i O. V. Kachalova. "Judicial Decisions in Russian Criminal Proceedings: Current Theoretical and Practical Problems". Pravosudie / Justice 2, nr 2 (11.06.2020): 49–66. http://dx.doi.org/10.37399/issn2686-9241.2020.2.49-66.

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Introduction. The importance of judicial decisions in criminal proceedings is determined by their observance of the established stages of such criminal proceedings. The quality of judicial decisions determines the fairness of justice, and the ability of the state to effectively protect the rights and freedoms of the individual. Theoretical Basis. Methods. The object of the study is the legal relationship arising, changing and resolving, in connection with the adoption of court decision. The methodological basis of the research is the universal dialectical method of cognition, including observation, methods of analysis and synthesis, structural and functional method. Results. The authors came to the conclusion that the main institutional features of judicial decisions (procedural form, requirements to the content regulated by the law, the procedure for making, binding, special procedure for their verification and review) are determined by their nature, as well as by the specifics of the epistemological activity of the court when making them. Judicial decision making is a complex mechanism consisting of a set of various structural elements that correspond with one another in various multiple direct and indirect relationships. Discussion and Conclusion. Judicial decision as an act of judicial power should reflect its basic properties: independence, regulation and law enforcement, decisiveness and objectivity. Judicial decisions taken together must meet the full requirements of the judiciary. The most important property of a court decision is its compliance with the requirements of legal norms. Among the features of the legal nature of the judgment should include: the relevance of the hierarchy of legal regulations governing its form, its content and procedure, and the proper interpretation of the rules of law applied in making this decision. The validity of the court decision is based on an objective semantic link between the results of the evidence, which are reflected in the descriptive and motivational part of the decision, and the direct conclusions of the court on the merits of the issue under consideration in the operative part. The higher the level of proof required in making a decision and the more clearly regulated the procedure of proof and decision-making – the higher the degree of fairness of the court decision.

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Ulyanov, Alexander. "Independent Assessment of Public Authority: Problems of Practical Implementation". Право и политика, nr 1 (styczeń 2023): 64–73. http://dx.doi.org/10.7256/2454-0706.2023.1.39271.

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In the Russian Federation, the effectiveness of public power and its institutions has been assessed relatively recently and not at all levels. Currently, the activities of senior officials and executive authorities of the regions of Russian Federation, local self-government bodies, the results and quality of public services, the activities of social organizations are subject to evaluation. However, questions arise about the achievement of the purpose of this activity, about the reflection of the introduced criteria and indicators of the influence of public authorities on the state of public life. From these problematic positions, the article examines the practice of independent evaluation as a form of public control over the activities of public authorities and organizations performing socially significant functions, examines domestic and foreign experience in creating expert analytical centers. As a result of the study, it was concluded that with the existing legal regulation of evaluating the effectiveness of public institutions, an integrated approach is not provided, which leads to a lack of a real assessment of their impact on social development. Independent evaluation is often compensated or replaced by other methods of evaluation, including quasi-evaluation, which, unlike expert evaluation, is reduced to a description of the collected data, and not to an analysis of the causes and consequences of managerial decision-making. The way out of the current situation of "quasi-evaluation" is seen in the formation of a conceptual framework for assessing the effectiveness of public power, which will require further modernization of federal legislation. An independent assessment in the modern constitutional and legal doctrine can and should be considered as a possible and necessary model of lawful behavior based on the interaction and solidarity of the individual, society and the state.

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Resnik, David B. "Practical and Political Problems With a Global Research Tax". American Journal of Bioethics 10, nr 6 (2.06.2010): 44–45. http://dx.doi.org/10.1080/15265161.2010.481347.

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Matijašević, Miljen. "FUNCTIONALIST APPROACH TO TEACHING LEGAL TRANSLATION". Studies in Logic, Grammar and Rhetoric 34, nr 1 (1.10.2013): 113–27. http://dx.doi.org/10.2478/slgr-2013-0026.

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Abstract The paper deals with some problems of legal translation with a particular regard to the skopos theory approach, with a special emphasis on the practical implications of these problems to legal translation instruction. The author presents the circumstances in the Republic of Croatia over the preceding several years pertaining to the activities of legal translation for the purpose of accession to the European Union. This particularly refers to the translating of the acquis communautaire into the Croatian language. Possible functions of translated legal and legislative texts are analysed from this viewpoint, as well as various possible related approaches to solving translation problems. The author pays special attention to issues in translating cultural elements, considering that they tend to show special sensitivity to the function of a translated text. Finally, practical application of the above considerations regarding legal translation is presented in the last part of the paper. Having taught courses in legal translation to lawyers aspiring to work as legal translators within EU bodies, the author presents the contents of the courses and some methods of teaching which take account of the skopos theory, as well as the reception of such teaching methods and their outcomes.

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Rebkalo, M. M. "LEGAL CULTURE OF PENITENTIARY PERSONNEL: CURRENT STATE AND PROBLEMS". Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2022, nr 1 (2.09.2022): 91–100. http://dx.doi.org/10.32755/sjcriminal.2022.01.091.

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The article is devoted to the current state of penitentiary personnel’s legal culture and consideration of the problems that need to be solved. It is noted that penitentiary personnel’s efficiency largely depends on the legal culture and is a necessary condition for the proper implementation of tasks related to the criminal penalties execution. The author’s vision is formulated in relation to the components that affect the current state of penitentiary personnel’s legal culture. Some normative and legal acts that cardinally influence the system by forming elements of legal culture are analyzed. Emphasis is placed on the fact that among the means of legal regulation used in order to neutralize the negative impact on the quality of their professional activities are both a system of incentives and sanctions. The main tasks that are implemented during penitentiary personnel’s initial training and retraining in direction of forming their legal culture are revealed in the article. Namely they are the following: focusing personnel’s legal consciousness on loyalty to the state’s interests; formation of an individual position in the assessment of criminal and executive activity; awareness of the importance of processes related to the implementation of international penitentiary standards in criminal enforcement processes; learning the ability to work competently, politely and reasonably with citizens’ appeals. It is noted that the current system of training of penitentiary personnel allows not only to form the understanding of the value of criminal and executive as well as international penitentiary legislation, but also allows to master the mechanism of their practical application. There are following problems: the need to improve the quality of legal information of the personnel using modern technologies, especially at the level of institutions and establishments; the need to create offices of legal knowledge at institutions and establishments with the involvement of the employees having positive experience in the practical application of criminal law; introduction of a system of advising personnel on issues related to their official activities. Key words: State Criminal and Executive Service, legal culture, penitentiary personnel, staff, formation of legal culture, penal bodies and institutions.

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Linkin, Victor, Zinaida Lusegenova i Galina Pulenko. "Problems of legal education in contemporary Russia". E3S Web of Conferences 273 (2021): 12100. http://dx.doi.org/10.1051/e3sconf/202127312100.

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The authors set a goal to analyze the problems of contemporary legal education in Russia in the presented research. The necessity of legal education in interdisciplinary and cross-sector interaction with other humanities are identified, and only when these connections are established, it is possible to get into inter-scientific relations. The most extreme issues of the activities of law faculties in various types of educational institutions - in departmental and multidisciplinary institutions were considered, using the example of the influence of various approaches to training future employees of the judiciary. The influence of the educational institution affiliation on the educational process and the issues of deployment the teaching staff are considered, the differences in teaching practical skills in these types of educational institutions are also demonstrated. The authors identified two types of problems - internal and external. Internal - the problems of the educational institutions themselves, external - the problems of implementing the educational policy of the state. Unfortunately, the authors state the unwillingness of the teachers themselves to change because of the rapidly modifying social relations. The absence of a critical attitude, first of all to oneself, causes a false illusion of normality and acceptability. Resulting from the analysis of the entity of the problems, the necessity of initiating changes from the educational institutions and teachers is understood, and not from the state.

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Ivanova, Svetlana. "Legal Problems Concerning Implementation of Sustainable Ecotourism in Russia". Problemy Ekorozwoju 16, nr 2 (1.07.2021): 209–16. http://dx.doi.org/10.35784/pe.2021.2.22.

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This paper proposes a fresh look at ecotourism within the framework of sustainable development. The author discusses selected issues involved in the sphere of ecotourism and proposes new ways to improve its current practice in Russia. Answers to questions of the nature, significance, and consequences of ecotourism, the relationship between sustainable development and ecotourism, and the problems of sustainable use of wildlife have been given. The comparative study of practical experience in facilitating ecotourism initiatives overseas has allowed the author to argue their conclusions and recommend a specific scientific approach to the sustainable use of wildlife in Russia.

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Useinova, Gulnara, Dzhambulat Saidumov, Duman Kusainov, Nurlybek Tauekelov i Marat Saidumov. "Problems of Providing Publick Services: Comperative Legal Analysis". E3S Web of Conferences 159 (2020): 05006. http://dx.doi.org/10.1051/e3sconf/202015905006.

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The relevance of this article is due to several factors. These include: acceleration of digital modernization processes in Kazakhstan under the influence of global informatization leads to the transition to electronic document management; improving the efficiency of the Kazakh government through the introduction of information technology; the need to develop a state policy in the field of the application of new technologies in all spheres of life (NAO “State Corporation” Government for Citizens “); the need to accelerate the economic and political modernization of Kazakhstani society through the widespread use of information technology, as well as theoretical and practical interest in exploring the potential benefits of e-government and electronic document management. The essence of the new stage of the administrative reform in Kazakhstan is reduced to a short formula - from administration to management. Demanding the efficiency and quality of the provision of public services should become the central point of government service policy.

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Pustovit, Yu. "ADMINISTRATIVE LIABILITY OF LEGAL ENTITIES: LEGAL REGULATION". Scientific Notes Series Law 1, nr 12 (październik 2022): 265–70. http://dx.doi.org/10.36550/2522-9230-2022-12-265-270.

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This study is devoted to the urgent problem of today, which has become a process of irreversible changes in the political and economic space of Ukraine, and their impact on legal entities. The theoretical information presented in the article can be used during the substantiation and practical development of implementation methods, through the administrative norms of legislation, of the legal institution of administrative responsibility of legal entities. This paper analyzes the grounds for bringing legal entities to administrative responsibility. General approaches in modern administrative law related to the formation of the legal institution of responsibility of legal entities are analyzed. An analysis of modern problems of applying measures of administrative responsibility as a tool for protecting the rights and freedoms of subjects of administrative relations was carried out. The main features of administrative responsibility of legal entities are highlighted. The classic composition of administrative offenses of legal entities is analyzed. A comprehensive analysis of administrative fines for offenses by legal entities was conducted and, on the basis of this, shortcomings were identified that affect the effectiveness of their practical application. The main material-legal and procedural-legal features of administrative responsibility are highlighted. On the basis of the researched materials, proposals and recommendations were formulated to improve regulation in the field of responsibility of legal entities, which are aimed at regulating violations against legal entities in administrative law.

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Martynyuk, Ya M. "LEGAL AND PRACTICAL PROBLEMS OF INTEGRATION EUROPEAN STANDARDS OF SOCIAL DIALOGUE IN UKRAINE". Amparo, nr 2 (2022): 29–35. http://dx.doi.org/10.26661/2786-5649-2022-2-04.

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Tang, Qian. "The Risks and Control of Judicial Application of Legal Doctrine". Studies in Law and Justice 1, nr 1 (listopad 2022): 21–27. http://dx.doi.org/10.56397/slj.2022.11.03.

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In judicial practice, the judicial application of legal doctrine is necessary and reasonable, but its application is still in an irregular and risky state, because the theoretical and practical communities have failed to conduct orderly and effective dialogue and communication in this process. Due to the characteristics of the stage of development of legal doctrine itself, the lack of positive interaction between the theoretical and practical circles, as well as the difficulty of integrating legal doctrine into the judiciary and other problems exist, which will lead to the abstraction of the argumentation of the reasoning of the judges, the decline of the credibility of judicial decisions, the reduction of the attributes of judicial authority and other risks. In order to effectively prevent these risks, legal doctrine in judicial practice should comply with the principles of strengthening judicial authority as the ultimate goal, strengthening the status of legal subjects as the fundamental starting point, and solving practical problems as the guide.

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Vasiliev, A. A., i Y. V. Pechatnova. "ARTIFICIAL INTELLIGENCE AND LAW: PROBLEMS AND PROSPECTS". Russian-Asian Legal Journal, nr 2 (3.07.2020): 14–18. http://dx.doi.org/10.14258/ralj(2020)2.3.

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In the modern scientific space, artificial intelligence researches are becoming popular and, as theresult, disputes about the prospects and risks of its wider use are growing. The rapid development ofdigital technologies causes the urgent need of expansion the boundaries in the sphere of legal regulationand emergence new segments in it. Today, the development of digital technologies demonstrates the longterm tendency to reduce the protective abilities of existing legal institutions, which aggravates the conflictbetween the advantages of modern technologies and current legislation. In this regard, it seems relevant to study the concept of artificial intelligence, its appearance as an independent scientific field, as well as thelegal risks of using artificial intelligence and ways to overcome them.The social and practical significance of the study lies in the search for optimal legal regulation, which,in turn, will facilitate the unhindered introduction of the latest technologies, which are the catalyst foreconomic growth and contribute to the development of the digital economy.Keywords: digital technologies, digital law, artificial intelligence, legal risks, digital economy

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Vasilevskaya, Liudmila Yurievna, Vladimir Sergeyevich Belykh, Tatiana Klavdievna Primak, Ekaterina Borisovna Poduzova i Philipp Artemievich Tasalov. "Property turnover digitalisation: Interdisciplinary problems of post-classical jurisprudence". SHS Web of Conferences 118 (2021): 04001. http://dx.doi.org/10.1051/shsconf/202111804001.

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The purpose of the research is to consider the key interdisciplinary research and practice problems of the property turnover digitalisation and propose ways to solve them. Elements, phenomena and processes of the digital environment first appeared in the countries of the Anglo-Saxon legal family. By determining the constitutive features of them, the authors turned to classical domestic and foreign legal statutory concepts and policy management. The research was carried out by the comparative-legal method and modelling method. The identification of interdisciplinary research and practice problems as well as methods for solving them was based on the methods for ascent from the abstract to the concrete, induction and deduction. As a result of the implementation of the research objectives through the general scientific and private scientific methods described above, the authors identified the constitutive features of the key elements of property turnover in the digital environment, such as digital currency, smart contract, electronic trading. Identified were both doctrinal and practical problems associated with the essence and features of those elements, as well as the legal regulation of the associated relations. Those elements are considered in two dimensions, in the information system and legal field. In addition, significant gaps in the regulatory framework of the associated relations were identified; the impossibility of applying the classical regime of objects of civil rights and the rules of documentary circulation to digital objects and processes was substantiated. The novelty of the work consists in proposing ways to solve interdisciplinary theoretical and practical problems of the property turnover digitalisation, which are important for a wide range of academic researchers and practitioners in the legal field.

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Smith, Keith T., i Shawn H. T. Denstedt. "Preemptive Rights and the Sale of Resource Properties: Practical Problems and Solutions". Alberta Law Review 30, nr 1 (1.02.1992): 57. http://dx.doi.org/10.29173/alr683.

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Increasing asset rationalization in the oil and gas industry has led to a proliferation of preemptive rights issues which must he addressed by oil and gas lawyers. In this article, the authors examine the legal issues and practical problems related to preemptive rights, highlighting the uncertainty faced by parties involved in asset transactions.

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Resnik, David B. "Closing Loopholes in the Federal Research Regulations: Some Practical Problems". American Journal of Bioethics 8, nr 11 (11.12.2008): 6–8. http://dx.doi.org/10.1080/15265160802524660.

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Strong, Carson. "Theoretical and practical problems with wide reflective equilibrium in bioethics". Theoretical Medicine and Bioethics 31, nr 2 (kwiecień 2010): 123–40. http://dx.doi.org/10.1007/s11017-010-9140-2.

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Ershov, Valentin V. "Legal understanding, law making and law implementation". Pravosudie / Justice 3, nr 1 (25.03.2021): 14–30. http://dx.doi.org/10.37399/2686-9241.2021.1.14-30.

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Introduction. The article analyses the opinions of a number of scientific and practical workers about the debatable problems of legal understanding, law making and law implementation. Theoretical Basis. Methods. The article uses a systematic approach to the study of theoretical and practical problems of legal understanding, law making and law implementation. A compara- tive legal analysis of works by Russian and foreign authors allowed the establishment of common and different characteristics of these legal categories in the approaches of different scientists. Results. From the position of scientifically grounded concept of an integrated legal understanding the following conclusion is made: each form of national and (or) international law receives its “jus- tification” only as a “moment of the whole” in a unified, developing and multi-level system of legal forms, outside of which it is an “unreasonable assumption or subjective confidence”. In this gen- eral scientific approach the analysis of interrelated and complementary processes of legal un- derstanding, law making and law implementation, self-sufficient legal phenomena, including ele- ments of the system of law forms, should be conducted as the study of “moments of the whole”. Discussion and Conclusion. The following advantages of an evidence-based concept of integrative legal understanding can be identified. Firstly, the possibility of implementing a non-traditional, fundamentally different research strategy on the legal regulators of legal relations. Secondly, to systematically study qualitatively different legal problems (in particular, the elements of the system of legal forms, its integrity, direct and inverse connections), and see new properties of law not inherent in its individual elements. Thirdly to develop concrete, practical answers to contemporary theoretical questions.

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Shapsugova, M. D. "LEGAL CAPACITY OF ARTIFICIAL INTELLIGENCE". Juvenis Scientia, nr 8 (2019): 4–7. http://dx.doi.org/10.32415/jscientia.2019.08.01.

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Digitalization of the economy makes research in the field of artificial intelligence relevant. The introduction of robots in all spheres of human life gives rise to problems of responsibility for the actions of artificial intelligence, for example, in the event of an accident involving an unmanned taxi. No less relevant is the problem of intellectual property in the results of intellectual activity. Who should be considered the author of a work created by artificial intelligence: the robot itself, man? These practical problems entail the need for a scientific and theoretical understanding of the personality of the robot. The article explores the basic approaches to understanding artificial intelligence, its types. It is determined as the degree of autonomy of artificial intelligence can determine its legal personality.

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Botkin, Jeffrey R. "Ethical Issues and Practical Problems in Preimplantation Genetic Diagnosis". Journal of Law, Medicine & Ethics 26, nr 1 (1998): 17–28. http://dx.doi.org/10.1111/j.1748-720x.1998.tb01902.x.

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Preimplantation genetic diagnosis (PGD) is a new method of prenatal diagnosis that is developing from a union of in vitro fertilization (IVF) technology and molecular biology. Briefly stated, PGD involves the creation of several embryos in vitro from the eggs and sperm of an interested couple. The embryos are permitted to develop to a 6-to-10-cell stage, at which point one of the embryonic cells is removed from each embryo and the cellular DNA is analyzed for chromosomal abnormalities or genetic mutations. An embryo or several embryos found to be free of genetic abnormalities are subsequently transferred to the woman's uterus for gestation. Embryos found to carry a genetic abnormality are discarded or frozen. Extra normal embryos may be frozen for future transfer or donation to another couple.

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