System Of Legal Protection Research Articles

Изменение роли женщин в системе трудовых отношений в годы Великой Отечественной войны (на материалах Сталинградской области)

The fundamentals of the social policy of the Soviet state in relation to women, the mechanisms of formation of the contract of “working mother” are considered. The relevance of the study is determined by the change in the position of women in Soviet society in the war and the first postwar years, when the status of “working mother” is formed at the official level. The authors analyze the system of social and legal protection of working women. Attention is paid to the consideration of key legislative acts: the decisions of the government of the USSR and the leadership of the Stalingrad region, aimed at protecting the rights of working women during the Great Patriotic war, and also shows the specific activities of the authorities aimed at involving women in productive activities. The mechanisms that make it possible to combine motherhood with work in industry, agriculture, construction and economic recovery after the Stalingrad battle are analyzed. The question is raised about the mechanisms of social protection of working women: improvement of living conditions, allocation of places in nurseries and kindergartens, exemption from labour mobilization of pregnant and nursing mothers, training and retraining. The authors draw conclusions about the significant role of “working mother” contract in wartime, analyze the effectiveness of the measures taken by the government on the basis of the study of legislation, a wide range of sources and statistical materials.

Система социально-правовой защиты безработной молодѐжи

Система социально-правовой защиты безработной молодѐжи

Institutional factors of infrastructure provision of innovative development of Ukrainian agrarian sector

The current state and trends of the agrarian sector of Ukraine's economy, as well as the institutional conditionality of innovation processes, determine the need for substantiation of the institutional mechanism of the infrastructure support of innovative development in the context of the implementation of the state innovation policy. The purpose of the article is to substantiate theoretical and methodical principles of formation of an effective institutional system of infrastructure support for innovative development of the agrarian sector of the Ukrainian economy. The main tasks of the study include: the disclosure of the prerequisites for the institutional conditionality of innovation processes; research on the establishment of regulatory rules of political economic and legal institutions; definition of directions of institutional manifestation in the innovative development of the agrarian sector of the Ukrainian economy. The article explores the problem of institutional factors of providing the innovative development on the basis of system approach and synthesis of mechanisms of infrastructure support of innovation development. The issues of influence of institutional factors on the level of economic growth through political, economic and legal institutions are considered. The directions of institutional manifestation in the innovative development of the agrarian sector are revealed. It is proved that the formation of the effective institutional system of infrastructure support for innovation development is due to the need of giving the impetus to the economic growth of the agricultural sector in Ukraine. It is determined that political and legal institutes create regulatory mechanisms and form the preconditions for the implementation of an innovative type of development of the agrarian sector. The author considers that on the basis of development institutes the strategic development of the national economy of the state should be created, and it should be done through infrastructure design aimed at ensuring effective innovation development and can be examined at the macro, meso and micro levels. Accordingly, the main direction of stimulating the development of innovation infrastructure should be the complex and systematic improvement of the institutional environment to ensure the continuous flow of innovation process. Institutional impact on the innovative development of the agrarian sector is manifested through: the formation of institutional infrastructure; increase and focus on the innovative development of budget and extrabudgetary funds; stimulating the participation of commercial banks to invest in innovation, creating mechanisms for risk insurance of investment in innovative projects; the creation of conditions for innovative entrepreneurship; improvement of the system of legal protection of intellectual property and commercialization of objects; the intensification of activity of informational consultative structures and others.

Sytuacja kobiet na europejskim rynku pracy

The considerations presented in the paper demonstrate that the situation of women in the European labor market has considerably improved over the last decade. This is facilitated, among other things, by the extensive legal instruments stipulated in the Treaty on the Functioning of the European Union and in so-called ‘equality directives’. Yet, despite this extensive and moderately coherent system of legal protection of women in the labor market, they continue to have a weaker position than men. Gender segregation in the European Union is a considerable problem; it is exemplified by women’s limited access to attractive positions and a gender pay gap, i.e. obtaining lower remuneration than men employed in comparable positions. There are also other factors that influence limited women’s activity in professional life. For a long time women have been second to men in terms of education, but the differences in this area have been gradually decreasing in recent times. What continues to be a factor to curb the participation of women in the European labor market is insufficient childcare provisions. It should be pointed out that confronting demography with employment, and requesting that women choose between home and family or work falsifies the problem. This has clearly been noted in the Europe 2020 strategy, which creates a feedback between women’s employment and their traditional role of guardians of home and hearth. This is facilitated by flexible instruments in the labor market, such as contracts typical for a flexecurity model, e.g. non-standard contracts and flexible hour contracts. Their implementation can contribute to maintaining a positive trend that has recently been manifested in an increasing rate of employed women.

Public Health Nutrition Programs for the Elderly: Epidemiological Basis

The aim of this review is to check the epidemiological foundations for the design and conceptualization of global healthy aging public policies with an emphasis in Latin America and the Caribbean. The differences in ages and abilities within the elderly group and the inequalities in the economic, behavioral, personal, social, health care, and environmental determinants influence their life expectancy and especially the expectation of healthy life. Overall, the poorest die and get sick earlier and the majority of deaths in low-income countries occurred before the age of 70. Accessing protection programs without being isolated is a challenging barrier faced by those who have limited resources to cope with decreased functionality and loss of autonomy. In Latin America as well as in other regions, reaching the objectives of sustainable development requires the active participation of those over 60. Guaranteeing the coverage of basic needs, as well as access to universal and sustainable social, nutritional, legal, health care, and environmental protection systems, is key within the framework of a specific public policies for the elderly population.

Comparative analysis of methodological approaches to morphological description of plant varieties in Ukraine and European Union countries

Purpuse. To develop scientific and methodological principles of legal protection of plant varieties in Ukraine in accordance with the requirements of the Community Plant Variety Office (CPVO) and the European Union (EU), to analyze the relevant methodological and legal norms and approa­ches aimed to improve the system of legal protection of plant varieties as intellectual property objects identified during the expert determination the criteria for distinctiveness, uniformity and stability (DUS-test).Results. Determination of the criteria for distinctiveness, uniformity and stability implies the plant varieties identification by the method of phenotype morphological description (the signs of vegetative and generative organs). The morphological code formula of the variety consists of the corresponding codes of the sign and the degree of its expression that is formed according to the technical documents and DUS methods in all countries of the International Union for the Protection of New Varieties of Plants (UPOV) and CPVO. Methodological provision for the protection of breeder’s rights and new plant varieties in the EU and the CPVO protocols were analyzed by the comparative method of the general parts and the tables of signs of DUS techniques for the botanical taxons of 4 plant groups: agricultural, vegetable, fruit and decorative.Conclusions. As a result of comparative assessment of DUS methods for plant varieties (CPVO – Protocols, UPOV – TG, Ukraine – UATG) was found that the morphological des­cription of plant varieties during the field trials (qualitative (QL), quantitative (QN) and pseudo-qualitative (PQ) signs of phenotypes ) is the basic technique for conducting DUS testing according to the international UPOV requirements as well as to CPVO requirements. National Methods for Plant Varieties Examination for Distinctness, Uniformity and Stability are developed under mandatory requirements of the DOCUMENT TGP 7/3 DEVELOPMENT OF TEST GUIDELINES adopted by the Council at its forty-eighth ordinary session on October 16, 2014. The CPVO and EU methodological bases at the 2015 research stage included protocols for 160 botanical taxons, represented by four plant groups: agricultural (18); vegetables (46); fruit (30) and decorative (66). The CPVO protocols for 122 botanical taxons, namely: agricultural (18), vegetable (44); fruit (28) and decorative (32) are of great value for the application’s scientific and technical examination for plant variety registration inUkraine. Field tests of plant phenotypes in accordance with morpho-descriptive method for variety identification by the relevant features and their degree of expression for harmonized description of plant varieties is practically brought to the UPOV international requirements and partly to CPVO protocols of the European Union.

Legal Protection against Decisions of the Single Resolution Board pursuant to Article 85 Single Resolution Mechanism Regulation

The Single Resolution Board is a powerful authority in the European Union – perhaps even one of the most powerful. The system for legal protection against decisions of the Single Resolution Board based on Article 85 of the Regulation (EU) No 06/2014 is complex. The competent Appeal Panel has rejected more than 80 percent of all cases up to now and decided that the large majority of all appeals were not even admissible. Nevertheless, the legal literature on legal protection against decisions of the Single Resolution Board is minimal. As far as can be seen, no in-depth examination of the appeal procedure has been published yet. Case law of the General Court is not (yet) available. This study examines Article 85 of the Single Resolution Mechanism Regulation and presents an interpretation of the legal protection system that balances the interests of credit institutions as well as the interests of the European financial market and the European taxpayers in a powerful European resolution authority. The results are summarised in 10 theses at the end of this paper for further discussion.

THE ENVIRONMENTAL ISSUE IN BRAZIL: A MATTER OF PRINCIPLES

The current study aims to study the challenges related to Environmental Protection Legal System in Brazil. In fact, although Brazilian legislation concerning environmental protection and reasonable use of natural resources is quite satisfactory in theoretical perspective, the greatest hindrances to nation-wide more efficient environmental protection are the lack of environmental culture and government commitment, which results in insufficient human resources and budgetary provisions to enforce the goals established in legislation. The consequences of such diagnosis is that environmental supervision in the Brazilian Republic occurs mostly at local level and sorely needs of nation-wide enforcement and coordination.

THE ENVIRONMENTAL ISSUE IN BRAZIL: A MATTER OF PRINCIPLES

The current study aims to study the challenges related to Environmental Protection Legal System in Brazil. In fact, although Brazilian legislation concerning environmental protection and reasonable use of natural resources is quite satisfactory in theoretical perspective, the greatest hindrances to nation-wide more efficient environmental protection are the lack of environmental culture and government commitment, which results in insufficient human resources and budgetary provisions to enforce the goals established in legislation. The consequences of such diagnosis is that environmental supervision in the Brazilian Republic occurs mostly at local level and sorely needs of nation-wide enforcement and coordination.

THE ENVIRONMENTAL ISSUE IN BRAZIL: A MATTER OF PRINCIPLES

The current study aims to study the challenges related to Environmental Protection Legal System in Brazil. In fact, although Brazilian legislation concerning environmental protection and reasonable use of natural resources is quite satisfactory in theoretical perspective, the greatest hindrances to nation-wide more efficient environmental protection are the lack of environmental culture and government commitment, which results in insufficient human resources and budgetary provisions to enforce the goals established in legislation. The consequences of such diagnosis is that environmental supervision in the Brazilian Republic occurs mostly at local level and sorely needs of nation-wide enforcement and coordination.

Shortcomings of existing systems for registration and legal protection of software products and possible ways to overcome them

The paper reveals the shortcomings of the existing system of registration and legal protection of software products. The system has too many disadvantages and shortcomings. Explanatory examples are given. Possible ways of overcoming these shortcomings are discussed. The paper also gives possible prospects for the use of new digital technologies. Also in the paper, the information is provided about the modern software components for protecting intellectual property rights of State corporations

A Study on the Improvement of Legal System for Protection and Promotion of Cultural Diversity

국제연합은 2001년 문화다양성의 보호와 증진을 위한 세계다양성선언 을 채택하였다. 2002년부터 매년 5월 21을 문화다양성의 날로 기념한다. 아울러, 2005년문화다양성 보호와 증진에 관한 협약(The Protection of Cultural Contents and Artistic Expressions) 이 채택됐다. 이와 같이 국제사회에서 문화다양성 보호·증진을 위한 규범이 마련된 가운데 우리나라에서도 문화다양성협약 의 국내적 수용필요성에 따라 문화다양성의 보호와 증진에 관한 법률 이 제정되기에 이르렀다. 그러나 2017년 문화다양성의 보호와 증진에 관한 협약 상 위원국으로까지 선출된 우리나라에서 입법적 노력의 결과로 문화다양성 보호·증진을 위한 법제도적 장치를 마련되었음에도 불구하고 국내에서의 문화산업 분야에서 다양성 보호·증진이 충실 하게 이루어지지 않고 있다. 무엇보다 헌법상 기본원리인 문화국가원리 등이 실현되고 문화적인 삶의 질이 향상될 수 있는 헌법국가 실질적으로 구현되고 국가문화발전은 물론 인류문화발전에 기여하기 위해서는 다채로운 문화가 지속적으로 보존·유지되도록 문화다양성이 보호·증 진되어야함이 필수불가결하다. 그러므로 본 연구에서는 국제사회의 중요한 가치로 주목받는 동시에 우리나라에서도 그 중요성이 점증되면서 문화다양성의 보호·증진에 관한 법률 등의 법적 장치까지 마련된 상황에서 문화다양성 보호·증진이 충분하게 실현될 수 있도록 합리적인 법 제도개선방안을 살펴보고자 한다.The United Nations adopted the Global Diversity Declaration in 2001 to protect and promote cultural diversity. Since 2002, May 21 is celebrated annually as a cultural diversity day. In 2005, the Convention on the Protection and Promotion of the Diversity of Cultural Diversity was adopted as the new international rule. In this way, the norms for the protection and promotion of cultural diversity have been established in the international society. In Korea, the Act on Protection and Promotion of Cultural Diversity has been enacted in accordance with the necessity of domestic acceptance of Convention on the Protection and Promotion of the Diversity of Cultural Diversity . The protection and promotion of cultural diversity means not only securing various cultures in the cultural field, but also raising the quality of the people s life including the national growth through maintaining and securing diversity in the cultural field, social integration based on cultural diversity, A new creation of culture, and so on. At the same time, in order to realize the constitutional state in which the principle of cultural state can be realized, it is necessary to improve the legal aspect so that the diversity of culture can be stably protected and promoted. However, despite the fact that the legislative efforts to protect and promote cultural diversity as a result of legislative efforts have been made in Korea, which was elected as a member of Convention on the Protection and Promotion of the Diversity of Cultural Diversity in 2017, protection and enhancement are not fulfilled faithfully. Above all, in order to realize the Constitutional State, which can be practically implemented as the fundamental principle and the principle of cultural state, such as the constitutional principle, it is necessary to protect and promote cultural diversity so that a rich and diverse culture is continuously protected and promoted. And the cultural diversity of the domestic culture has been damaged or even extinguished due to the concentration, commercialization, and subordination of various cultural diversities of various cultures by cultural industries in specific regions or specific countries. Therefore, in order to protect and promote the cultural diversity, the Basic Act on the Promotion of Cultural Industry or the Law on the Protection and Promotion of Cultural Diversity for the protection and promotion of cultural diversity Legislative improvements and amendments should be made to include directions and basic principles. In addition, in order to improve the legal system for the protection and enhancement of diversity in the cultural field, there is ample social change such as concentrated cultural industry realization, industrialized cultural industry realization, subordinated cultural industry realization Cultural diversity laws and institutions. In this study, the important value of the international society is being noticed. At the same time, in Korea, the importance of cultural diversity protection and promotion has been increased. I believe that legal system should be improved for the protection and promotion of cultural diversity.

A Study on the Legal System of Protection of Human Remains in China

A Study on the Legal System of Protection of Human Remains in China

Ochrona tajemnicy przedsiębiorstwa na przykładzie formatu telewizyjnego. Wybrane zagadnienia

The aim of the following investigation is to critically assess the definition of TV format and its legal relation to the definition of a trade secret, thus, legal protection. Furthermore, the paper focuses on the relevant system of legal protection (and claims) introduced by the Polish Civil Code and the Polish Unfair Competition Act.

The Social Purpose of Corporations

What are corporations for? This paper provides an analytical review of relevant research on this question, and some thoughts on the moral evaluation of corporations. It distinguishes between the concepts of social purpose and corporate purpose. Social purpose concerns the specific contribution that a corporation makes to realis-ing societal goals. Corporate purpose concerns the goals the corporation should actively pursue. Related questions of whether corporations ought to serve a social purpose, whether they ought actively to pursue their corporate purpose, and how to articulate, pursue, and measure corporate purpose are explored. Determining social purpose quickly raises difficult political questions. The arguments for a minimalist or a maximalist approach to social purpose are set out and debated. The authors conducted interviews with 24 business leaders which highlighted frustration at the vague concept of social purpose and exactly how social and corporate purpose relate to each other. There was broad agreement that corporations should serve some social purpose, but not precisely what this might be. The authors outline three reasons why societies become entitled to make claims on corporations, based on the principle of reciprocity. Corporations rely on society's legal system for adjudication and protection. They rely on access to scarce resources that might otherwise be deployed elsewhere, and they are a constant source of social and economic disruption as they undertake their business. Efficiency and market competition are often cited as forces that might steer firms to social purpose, but the paper argues that pervasive market failures suggest that social purpose cannot be left entirely to the corporation. A web of other factors might also obstruct that goal. Likewise, corporate purpose cannot be determined by the corporation alone due to a lack of 'epistemic competence' or the ability to balance and judge competing stakeholder interests, and the fact that corporations interact within political and social structures. The paper considers the societal responsiveness and shared value approaches to articulating corporate purpose, and the shortcomings of these methodologies. One of the most complex challenges is the meaningful measurement of corporate and social purpose. Most current measures of corporate purpose are accounting measures. Social purpose also uses holistic action-guiding measures for environmental, social, and governance impacts. However, none is yet satisfactory, and measurement remains 'the most important condition for giving bite to corporate purpose'.

Poslovne tajne - određenje i osnovi zaštite

Trade secrets have an increasing importance today and courts are more and more facing with claims for their protection. In those proceedings it is necessary to determinate whether the information for which protection is required is appropriate to be qualifed as trade secret and whether the trade secret owner made reasonable efforts to ensure their secrecy. The frst section of this article analyses those questions and pays special attention to the criteria for estimate of taken protection measures. The next section presents the system of legal protection of trade secret in EU law, which is regulated by the relevant Directive and which is binding on all Member States and on candidate countries to join the EU. In the conclusion recommendations are given on how to determine the boundary between trade secrets and knowledge and skills of employees.

VIOLATION OF INFORMATION ECOLOGY IN MEDIA SPACE

The extreme “pollution” of the global information space has a negative impact on the social well-being of the population for media space is a kind of social space covered by the media. It is necessary to create an effective system of legal protection and social guarantees so that any citizen can receive minimal social protection and be protected from the negative impact of the adverse ecology of the mass media. Not everyone who is experiencing intense exposure to the media is aware of its negative effects including “fatigue syndrome”. To prevent it, D. Lewis proposes the following algorithm: use all information technologies of business and everyday communication; improve the methods of studying and processing data; set the right priorities for their analysis and use [26]. All media and actors that interact with them must master information culture, for which it is necessary to train specialists in the field of media ecology who are aware of the influence of media and social technologies on people’s feelings, thoughts, values and behavior. So far, experts on media ecology do not have a sufficient theoretical basis for conducting sociological research and identifying how the media forces the audience to structure what it sees, hears and feels in a certain way. Today’s media (especially electronic) can have a violent and undesirable effect - this is not only a psychological but also a philosophical, social and cultural problem that affects both children and adults. “Information anarchy” leads not only to moderate negative consequences but in some cases to “information ecocide” - destruction of traditional information and the media. Countering the contamination of the information environment should include the following steps: development of requirements for the content creation; monitoring of the collection, storage, processing and destruction of information; development of criteria for assessing the use of information. It is necessary to introduce a single rating system for information products, which will allow users to evaluate the quality of information sources according to the following criteria: purity of information; work on creating content; source coverage; quality (completeness) of information; sources of specific data sets; social-demographic characteristics of potential users.

Legal provision of protection of lands for forestry purposes

The article is devoted to the complex research of the actual issues of legal protection of lands of forestry purposes in the conditions of modern land reform. Particular attention is paid to the system of legal protection of land for forestry purposes. Fundamental importance is given to legal measures for the protection of land under forestry, since the establishment of an effective system of measures is one of the key ways of implementing state policy in the field of land protection.System analysis of the legislation in the field of management in the field of use and protection of forestry lands allows to state that it is in the stage of formation and needs improvement. The existing management system has drawbacks that consist of duplication of management functions that are split between individual executive authorities. It is found out that without the state's proper management of land functions, it is impossible to implement measures for the protection of land for forestry purposes.The system of measures on the guard of earths has general character, that contains such measures which behave to earths of any category in composition the landed fund of Ukraine. Consequently, the indicated measures can be named base which do not take into account a specific and features of concrete category of earths and directed on support and providing as quantitative so high-quality indexes of earths.It is necessary to select the next groups of measures on the guard of lands of forest fund. Except for base, fastened Law of Ukraine «On the guard of earths», by the Landed code of Ukraine, it is necessary to select general measures, which touch the guard of lands of forest fund and forests, which are on them. Yes, it is the state complex system of supervision; creation of ecological network; national and regional program of the use and guard of earths development; compensation of losses of lands of forest fund production. The noted group of general measures not only touches as earths so the forests, and also has intercommunication between itself.

POLITIK HUKUM PEMBENTUKAN UNDANG-UNDANG PERLINDUNGAN ANAK UNTUK MEWUJUDKAN PERLINDUNGAN ANAK YANG BERKELANJUTAN

Child protection in Indonesia is closely linked to Indonesian legal politics that gave birth to Indonesia's legal system. The legal political struggle in establishing child protection arrangements in Indonesia, is the impact of providing legal certainty to child protection. In today's protection is very sad. This paper will discuss about: 1) how the development of legal politics at this time? 2) how does legal political analysis affect changes to child protection legislation? 3) how is the formation of the second amendment of child protection law number 17 of 2016? The approach method used is normative legal research. Political law is always evolving in accordance with the interests of the legislature and the interests of society. The legal politics of child protection in Indonesia as a positive legal system or ius contituendum and the intended law or ius contitium applicable and which will prevail in the present and future. Therefore, the legal system of child protection is formed as a consequence of the application of Indonesian legal politics. The Child Protection Act was established as a result of the Political Law of Government, which in this case explains that the legal politics is part of the jurisprudence studying the change of ius constitutum into ius constituendum to fulfill the life of society change.

The Mutual Impacts of Corporate Governance Dimensions and Legal Protection Systems on the Performance of European Banks: A Post-Crisis Study

The paper provides new evidence on the relation between corporate governance practices, legal rights and European banks’ performance during the post-crisis period. Using a sample of 935 banks in 30 European countries, the results reveal that at a high level of legal protection European banks are more able to follow the international recommendations and codes of corporate governance practices and vice-versa.Additional analysis shows that all the corporate governance variables have the same impacts on the banks’ performance. At low, middle and high levels of legal protection, the results reveal positive impacts of committees’ number (such as remuneration, nomination and audit committee) and independent members of banks’ boards.The other dimensions of corporate governance (ownership concentration, executive pay and CEO duality) do not have any impact on bank performance. Only at the low level of legal protection the results show a negative impact on board size on European banks’ performance.