Legislation In France Research Articles

The Compliance of Facial Processing in France with the Article 9 Paragraph 2 (a) (g) of (EU) General Data Protection Regulation

The legal identity of individuals is critical in digital ecosystems, and biometric systems play a vital role in verifying identities throughout their lives. However, these systems also pose significant risks and require responsible use. The European Union has established a digital strategy to create a trusted and secure digital identity, setting a global standard for technological development in identification. In line with the General Data Protection Regulation Article 9(1), member countries must justify any exceptions to the rule provided. France has taken a leading role in using unique identification legally, implementing digitally processed attributes such as facial recognition through the Alicem application on smartphones to identify individuals in a digital environment, and improving e-services uniquely. Specifically, the article analyses the General Data Protection Regulation Article 9, paragraph 1, and the exceptional conditions outlined in paragraph 2 (a) (g) along with scrutinized legislation in France of Decree n°2019-452 of 13 May 2019, which authorized the use of unique identification known as ‘Certified Online Authentication on Mobile.’ The research recommends that EU member countries taking approaches to introduce GDPR Article 9 into national legislation should consider their citizens’ specific needs and concerns while aligning with the European Union law because it is critical to balance the benefits of biometric systems with the risks posed to personal data protection, ensuring that their responsible use contributes to a secure and trustworthy digital ecosystem.

Euthanasie et suicide assisté, deux voies distinctes malgré les apparences

Legislation in France about the end of life has been accruing since 1995, with five laws covering the development of palliative care (1995 and 1999), patients’ rights (2002 and 2005), the ban of unreasonable obstinacy (2005), the development of collegiate decision-making (2005 and 2016), and finally the conditions under which a SPCMJD “deep and continuous sedation until death” may be administered when a patient's pain cannot be alleviated (2016). But despite all this progress and the ongoing development of palliative care over the past 30 years, we must acknowledge that, even today, two out of three patients who would like palliative care but are nearing the end of their lives do not have access to it. In parallel, a social movement that has been active for more than 40 years, the ADMD (Association for the right to die with dignity) is demanding that French citizens have access to an enforceable right to an elective death, as part of their freedom to dispose of their lives. Over the past year, debates on end-of-life issues in French society have been the subject of diverse and often passionate and polemical positions, between supporters and opponents of a right to “active assistance in dying”. This diversity was reflected in the conclusions of a “citizens’ convention”, which brought together 150 French citizens chosen at random between December 2022 and April 2023 to establish a list of viewpoints supposedly representative of French citizens at large. Paradoxically, most of the voices that have been heard over the past two years have lumped together the two main options for administered death, euthanasia and assisted suicide, either condemning them uncompromisingly, or calling for both. On the other hand, few speakers in the various debates sought to distinguish analytically the differences between these two options, by addressing the details and complexities of each. This is all the more surprising given that several foreign examples now enable us to carry out a full-scale “impact study” of the two models. The following analysis, assuming that the law will move beyond the status quo and establish a new right, aims to get to the heart of this alternative by analyzing the consequences of each option from a number of perspectives. Our goal is to shed light on the underlying key facts of the debate and to avoid relying on simplistic preconceptions, moral principles and concepts. Beginning with a review of the legislation approved by the parliament and observing how it has been implemented since coming into force, we will report on what these laws of administered death have meant for all stakeholders. For both options, we will review the issues of representation of the role of the state, of personal freedom, of the impact on healthcare professionals, of repercussions on patients, of patient consent, and how these interventions are monitored. Ultimately, we will assess the quantitative impact of both paths in terms of death ratios. On the basis of some spectacular differences, which make it difficult to remain neutral in this debate, the authors finally propose a compromise that could be reached, one that will satisfy the proponents of a change of legislation, without causing a destabilizing change for all third-party stakeholders.

Experience implementation delegated legislation in France

The article analyzes the history of the emergence and practice of formation, development and functioning of delegated legislation in France. The practice of implementing delegated legislation in France since the 19th century is analyzed step by step and chronologically. The institution of delegated legislation as a form of government participation in the legislative process in France is studied. Issues related to the procedure and conditions for the delegation of legislative powers in France are being studied. Based on the study of the texts of the French constitution, the legal consolidation of the procedure and conditions for the transfer of part of its powers by the parliament is considered. The methods of delegating legislative powers, the procedure for approving delegated acts and their publication are analyzed. The content of the direct and indirect way of delegating legislative powers is disclosed. The main stages of the delegation of legislative powers in France are highlighted. The practice of the V Republic of France was analyzed, where there were such situations when the President, who is an active subject of delegated legislation, refused to sign ordinances submitted to him by the Prime Minister. It has been established that in French legal literature, ordinances are considered as regulatory acts, or as acts of a mixed nature, that is, regulatory from an organic point of view and legislative from a material point of view. The practice of delegation of state powers in France at the regional and local levels was studied and analyzed, and its positive results were highlighted. The main features inherent in the delegated legislation of France are given. It is concluded that the implementation of delegated legislation in France is conditioned by the need for quick and effective competent regulation of its current legislation and its specification. In turn, delegated legislation gave the opportunity to the Parliament of France and its legislative power in general to concentrate its attention on more important issues not only in the political sphere, but also in the legal and economic sphere.

Precarious Partners: Horses and Their Humans in Nineteenth-Century France by Kari Weil

Reviewed by: Precarious Partners: Horses and Their Humans in Nineteenth-Century France by Kari Weil Mary Sanders Pollock (bio) Kari Weil, Precarious Partners: Horses and Their Humans in Nineteenth-Century France. University of Chicago Press, 2020. “Horses,” Weil offers in the preface to this volume, give “one perspective into the massive changes in gender relations, but also class and race relations” in France during the nineteenth century. Weil might have added that, though specific to that time and place, many of her insights apply to a longer sweep of history and a broader geographical range. I offer the briefest of summaries here. The perspective suggested by horses is especially rich because horses have been powerful symbols in literature, pictorial art, and what is now generally understood as popular culture. Horses have also occupied a central place in material culture, especially horse breeding and hippophagy. Weil maps changes along the timeline of the long nineteenth century, from the French Revolution through an era of rapid mechanization and to World War I. The author’s strongest arguments are based in art history, beginning with Buffon’s graphic diagram of the open abdomen of a horse—in this case, a representation of Enlightenment science. Although her treatment of the horse in painting is broad, Weil finds the careers of Théodore Gericault and Rosa Bonheur exemplary. Gericault’s horse images (and those of his French contemporaries) evolved from representing virile, human heroism at the end of the Napoleonic era into horse-centered representations, with horses as both subjects and objects of human activity and the human gaze. Many of these same images of humans with horses also reinforce attitudes about class, race, and empire. Bonheur’s career began almost three decades after Gericault’s ended. Her [End Page 500] Saint Simonian background alerted her to ethical issues; her images focus on horses’ domestic labors and their treatment at the hands of human handlers. Weil shows that, as the domestic labor of horses diminished amid the wave of mechanization after mid century, the significance of horses became bifurcated: horses remained important as status symbols and overdetermined symbols of both accepted and transgressive gender values. Popular horse-centered entertainments revealed these values. Ironically, at the same time the French practice of eating horse meat, especially for the working class, operated as a supposedly health-based practical solution to a new surplus of horses, as well as an indicator of national identity. In Thinking Animals (2012), a more loosely organized group of essays about the importance of animal studies in the twenty-first century, Weil argued for the centrality of the human-animal bond in history and against hegemonic anthropocentrism. Weil’s theoretical rigor in this earlier volume has contributed to the strengthening of animal studies since then—and now it has clearly enabled her to create an even stronger focus on representations of the human-horse bond in one particular time and place. Tantalizing, brief references to Bentham’s ethics, Sewell’s Black Beauty, and Stubbs’s portraits raise questions. How is Sue’s Godolphin Arabian, a fiction that contributed to anti-cruelty legislation in France, related to animal welfare/rights propaganda in other parts of the world? How is the “horse-riding” described in Dickens’s Hard Times different from French horse-centered entertainments? Did the popular American Wild West shows prescribe gender roles in the same ways? How do the horse paintings of the Anglophone world (Remington, Landseer, and others) differ from or compare to those of their French counterparts? Why did other Western nations not eat horses? Are race and gender stereotypes triangulated with horses in other Western societies in the same ways? The powerful scholarship of this volume can be attributed in part to its narrow but fascinating focus. The next stage for this author might be an expansion of that focus to reinforce the relevance of her insights within other cultural contexts. [End Page 501] Mary Sanders Pollock Stetson University Mary Sanders Pollock Mary Sanders Pollock, professor of English at Stetson University, teaches British literature, environmental studies, and gender studies. She is the editor of two scholarly anthologies and three monographs, including Storytelling Apes: Primatology Narratives Past and Present (Penn...

Islamophobia: Radical Western Thoughts and it’s Encounter in the Light of Islam

Islamophobia is an imposed term of the West broadly defined as a fear or hatred of Islam and its followers. Prejudice is considered an unjustifiable and harmful incident of discrimination that is related to the rise of Islamophobia. In western opinion, Muslims are warmongers who have extremist approaches towards life, and Islam is a backward religion. This radical mindset has relegated Muslims to an unimportant and powerless position within society and groups, which has triggered anti-Muslim sentiments among non-Muslims. Bullying, surveillance, fear, prejudgments against Muslims have been increased by schools, districts, landlords, and employees on the globe, especially in the western world. Mosque controversies in the United States, anti-veiling legislation in France, the 'minaret' row in Switzerland, the killing of Turkish immigrants in Germany, and hateful statements of Dutch politicians against Muslims are well-known examples of Islamophobia. The paper's primary purpose is to highlight the radical approach and anti-Muslim sentiments of the world in the name of Islamophobia. It will show Muslims are brutally targeted on every forum due to misperceptions regarding Islam and its teachings. Furthermore, the true spirit of Islam and its teachings are highlighted in this paper that Muslims are the ambassadors of peace, and Islam is the only religion of moderation that negates fanaticism and terrorist acts. In contrast, the rebellious acts of a few radical groups do not allow anyone to adopt hateful and intolerant attributes towards the whole nation.

МАЪМУРИЙ СУД ИШ ЮРИТУВИ ТУШУНЧАСИ ВА МАЗМУНИ ИЛМИЙ-НАЗАРИЙ ТАҲЛИЛИ

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.

An Interprofessional Process for the Limitation of Life-Sustaining Treatments at the End of Life in France

ContextThe provision of potentially non-beneficial life-sustaining treatments (LSTs) remains a challenging problem. In 2005, legislation in France established an interprofessional process by which non-beneficial LSTs could be withheld or withdrawn, permitting exploration of the effects of such a legally-protected process and its implementation. ObjectivesTo characterize intensive care unit (ICU) interprofessional team decision-making and consensus-building practices regarding withholding and withdrawing of LSTs in two Parisian hospitals and to explore physician and nurse perceptions of and experiences with these practices. MethodsThis was an exploratory qualitative study utilizing thematic analysis of semi-structured, in-depth interviews of physicians and nurses purposively sampled based on level of training and experience from two hospitals in Paris, France. ResultsA total of 25 participants were interviewed. Participants reported that the two Parisian hospitals in this study have each created an interprofessional process for withholding or withdrawing non-beneficial LSTs, providing insight into how norms of decision-making respond to systems-level legal changes. Participants reported that these processes tended to be consistent across several domains: maintaining unified messaging with patients, empowering nurses to participate in end-of-life decision-making, reducing moral distress provoked by end-of-life decisions, and shaping the ethical milieu within which end-of-life decision-making takes place. ConclusionsThe architecture of the interprofessional process created at two Parisian hospitals and its perceived benefits may be useful to clinicians and policy-makers attempting to establish processes, policies, or legislation directed at withholding or withdrawing potentially non-beneficial LSTs in the United States and elsewhere.

Comparative legal characteristics of the conditions for the financing of housing construction

The article presents a comparative legal analysis of the laws of Ukraine, France and Germany regarding the regulation of housingconstruction conditions.According to French law, the buyer of real estate under construction can be any individual aged at least 18 years and with fullcapacity.There are no special requirements for real estate developers under construction. However, such developers must meet the generalrequirements for property developers. For example, they must obtain a construction permit or a preliminary declaration, if necessary,for a new construction project. The building permit is issued by either the mayor or the prefect. The building permit is valid for threeyears, during which the developer must begin construction. However, the relevant authorities may extend the period (period of time)for the start of such construction. After the start of construction work can not be suspended for more than a yearLegislation stipulates that the buyer can purchase real estate, which is under construction, only under contractual mechanisms.In particular, the purchase of unfinished construction projects usually includes two stages:– the first stage – the conclusion of a preliminary (reserve) agreement between the buyer and the developer (“Preliminary contract”);–the second stage – the conclusion of the final contract of sale (“VEFA Agreement”) between the buyer and the developer.The French legislation describes in detail the procedure and amount of financing the construction of housing by investors (buyers).German law regulates housing construction in a slightly different way, however, as in French law, there is also a provision on thegradual financing of housing construction.In Ukrainian legislation today there is no provision for the need for gradual financing of housing by investors (buyers). This situationin practice often harms the rights of investors.The use of escrow accounts in the construction of investors can improve the situation of investors in Ukraine, which in fact, byanalogy with the legislation of France and Germany, will allow the gradual financing of housing construction.

Identification of the areas for improving the Russian legislation on taxation of controlled foreign companies based on the experience of European Union member-states

This article is dedicated to identification and analysis of the gaps in legal regulation of profit taxation of controlled foreign companies (CFC) in the Russian Federation, by comparing the Russian legislation with the legislation of the European Union member-states. Comparison is conducted on the current legislation of the Russian Federation on CFC with analogous rules in France, Germany, Netherlands, and Great Britain. The author determines the similarities and differences in the regimes of profit taxation of controlled foreign companies, and substantiates the need for introducing point amendments to the current legislation of the Russian Federation on profit taxation of controlled foreign companies. The structure of the Russian rules on CFC is largely similar to such in the developed European countries. The definition of the concept of control in the Russian legislation for the most part aligns with the definitions of the analogous concept in the legislation of France, Germany, and Netherlands; although the Russian definition is certainly broader, as it applicable to foreign structures without formation of legal entity, and contains both quantitative and qualitative criteria. Despite formal similarity of the Russian rules on CFC and their foreign equivalents, there are gaps in the Russian legislation, the interpretation of which by the tax authorities and the Ministry of Finance is at times contradictory and often does not benefit the taxpayer. Numerous questions arise from filling out and submitting participation notices and CFC notices, the procedure for which also contains multiple gaps, and the grounds for their submission in the legislation are quite ambiguous. Taxpayers often do not timely notify the tax authority on the participation in CFC or do not submit the corresponding notice due to inaccessibility of software for filling out notices for companies established in particular organizational-legal form.

The Concept of <i>Commorientes</i> in French and Russian Inheritance Law

The article is devoted to the consideration of the concept of commorientes in French and Russian inheritance law. The commorientes are individuals, entitled to inherit, reciprocally, to each other and considered to have died at the same moment, from the inheritance’s point of view. The commorientes do not inherit reciprocally. The work focuses on how French and Russian law determine the notion of commorientes. Inheritance rules, regarding the commorientes in France and Russian Federation from the beginning of the 19th century are analysed; subsequently, their current versions in force in the French Civil Code and the Russian Federation Civil Code are compared. Particular attention is paid to the issue of the time of the inheritance opening. In the Russian legislation this issue has not been unambiguously resolved for a long time. The article presents the evolution of the Russian and French rules on inheritance after the commorientes. In French law, presumptions of survival have been in effect for many years, allowing to determine the sequence of deaths of people who died as a result of the same event. The article contains the rules of the current legislation in France and in the Russian Federation, as well as suggestions for their improvement.

Foreign experience of administrative and legal support of citizens' rights by prosecutor's offices and possibilities of its use in Ukraine

The purpose of the article is to substantiate, on the basis of the analysis of the legislation of France, Italy, Germany, Great Britain and the USA, the ways of improving the legislation of Ukraine in the sphere of ensuring the rights of citizens by the prosecuting authorities. During the writing of the article, such methods as comparative-legal, system-structural, logical-normative were used. The relevance of the article is due to the fact that the optimization of the activity of the prosecution bodies is impossible without taking into account foreign experience. This issue is of particular importance in the field of ensuring human rights and freedoms by the prosecuting authorities. Concidering that fact, the legislation of France, Italy, Germany, the United Kingdom and the United States has been analyzed, which made it possible to formulate certain ways of improving national legislation on the protection of citizens' rights by prosecuting authorities. It has been justified to improve the administrative status of the prosecution bodies, to review its functions, the requirements for the level of training and to legislate a clear mechanism for the implementation of functions. According to the results of the study, the authors have identified possible ways of using the positive foreign experience of administrative and legal support of citizens' rights by prosecuting authorities.

Information Disclosure and the Transition to a Low-Carbon Economy: Climate-Related Risk in the UK and France

Abstract Over the last several years there has been increasing recognition and acceptance of the threat that climate change poses to global financial stability and the concurrent need for corporations to identify and account for both climate risks and their impacts on the environment. This has resulted in the emergence of climate risk disclosure (CRD) as a voluntary standard as well as movement on the domestic level to introduce mandatory CRD, demonstrated by the introduction of CRD framework legislation in France. This article conducts a comparative analysis of France and the UK—countries that are adopting divergent methods of legal development towards CRD—to analyse the potential of CRD as a policy tool to aid towards climate change mitigation and the transition to a low-carbon economy, and evaluate how effectively this is being achieved in practice.

프랑스의 사이버 안보 전략과 법제

프랑스의 사이버 안보 전략과 법제

ПОЛІТИЧНА РЕКЛАМА: ДЕЯКІ ПРОБЛЕМИ ПРАВОВОГО ЗАБЕЗПЕЧЕННЯ

The article examines some issues of legal support of political advertising during the process of election, but is not limited to it, as well as how they affect the outcome of elections. In this study comparative, observation, dynamical analogies, analysis methods are used. The author compares the current legislation of Ukraine and the legislation of a number of other European countries and identifies their common and distinctive features. Special attention is given to the political advertising law of Poland, as its closest neighbour. Also, the legislation of France, Germany and Great Britain is examined. The article underlines their main differences. Partial and systematic violations of advertising legislation during the electoral process and during the period between the elections are also identified. The article also shows that the issue in question is not fully studied by legal scientists. The research, in particular, emphasises on the lack of comprehensive definition of political advertising and its legal regulation during the period between the elections. The article draws attention to the incorrectness in law legal regulation of political advertising by the laws regulating commercial advertising. The legal acts, that influence the results of elections are specified, in particular, the author pays attention to the state budget funding for political parties. Reducing Government expenditure can preserve the principle of absolute equality among political actors, so they could participate constructively in the elections. The best thing to do considering the circumstances is to adopt a new law on political advertising or to to amend the existing Act, that regulates advertising in general. As a result, it is proved that political advertising is not limited to the electoral process and must be governed by legislation. The article also states that any law in this area also should comply with international law, especially with acts adopted by the European Union.

A Study on the Water Management Legislation in France

물관리의 주요 목적은 수자원을 합리적으로 관리하고 보전하여 인간과 환경에 필요한 물을 안정적으로 공급하는데 있다. 그 동안 우리나라는 물관리에 관한 조직의 분산화, 법제도의 분법화 등으로 인해 관리의 합리성과 효율성, 물분배의 공평 등의 측면에서 많은 문제점을 들어냈다. 2018년 물관리기본법이 제정되고 2019년 시행을 앞둔 시점에서 프랑스의 물관리 법제도를 살펴보는 것은 중요한 의의를 가진다고 생각된다. 왜냐하면 이미 반세기도 전인 1964년에 제정된 수법에서는 유역관리원칙, 오염자부담의 원칙이 법제도화 되었으며, 1992년 법률을 통해 국가공동의 유산이라는 개념을 수자원에 부여함으로써 수자원의 균형 있는 관리를 구체화하였다. 2006년 수법에서는 지속가능한 수자원관리의 개념을 도입함으로써 국제환경법상에 논의된 원칙을 적극적으로 수용하면서 발전해왔다. 또한 최근 프랑스 입법자들은 인간이 물에 대해 가지는 기본적인 권리인 물에 대한 접근권과 식수와 위생에 대한 권리를 보장하려는 입법적 노력을 기울이고 있다. 이러한 점에서 물관리기본법의 시행과 함께 향후 국내법제의 개선 방향을 제시하기 위한 이론적 연구로서 프랑스 물관리법제를 통한 시사점을 제공하고자 한다.The main purpose of water management is to ensure that water is rationally managed and protected in such a way that it is clean and healthy for human consumption and the environment. For a long time, the Korean society has raised the need for a framework law on water management to solve problems related to the irrationality of the essential resources of life. In 2018, the framework law on water management is established and it is introduced the principles of water management as the public character of water, water cycle, integrated management of watersheds, etc. Before the application of this framework law, it is necessary to study the French legal system. For more than half a century, with the major water laws of 1964, 1992 and 2006, France has undertaken to improve its legislation by adopting recognized principles of international environmental law relating to water. In addition, the French legislator recently considers that the right to drinking water is a fundamental right in legislative bill. Thus we consider that France s legislative effort towards water management can serve as a reference for developing Korea s legislative research into water law.

Tourism development and adaptation to climate change through legal constraint

PurposeThis paper aims to present a legal study addressing the way in which tourism development and planning in mountain areas can be adapted to climate change issues. It gives examples of attempts to regulate such development by law. Recent legislation in France has created new obligations targeted at ski resort managers. Urban planning and tourism development are key topics of the new French Mountain Act (law of 28 December 2016). The law moves back and forth between two goals, economic development and the protection of nature, and it is sometimes difficult to understand the general coherence of the text. Nevertheless, two significant new legal elements can be highlighted. Planning policies in mountain areas have to take climate change issues into account in the process of authorising major tourism building projects. Moreover, for the first time, the law requires obsolete ski lifts to be dismantled when they are no longer in use. Of course, although these measures are only legally theoretical at the moment, they represent important progress and are initially relevant to many ski resorts affected by global warming, especially in low-altitude mountain areas. Many of these are already experiencing a lack of snow, and a new economic model needs to be drawn up.Design/methodology/approachThis paper is based on a review of French laws having an effect on mountain areas’ adaptation to climate change.FindingsThis paper presents two innovations included in the new French Mountain Act (law of 28 December 2016).Originality/valueThis paper underscores problems emanating from global warming in mountain areas. Some ski resorts are facing a lack of snow. The main issue is to anticipate the fact that many ski lifts, or other structures or buildings created for the snow economy, could become obsolete. Legal tools can provide a solution by forcing administrations or operators to be cautious when making decisions relating to new tourist investments, and to dismantle obsolete ski lifts.

The official policy of memory in modern Russia: Legal dimension

The article analyzes the legal and regulatory framework, as well as the decisions of executive authorities that determine the official policy of memory in the Russian Federation. It is established that the possibility to talk about the policy of memory has appeared since the Ancient Rus’ period of time, when the main forms of preserving information about historical events and personalities were canonization; carried out by the Russian Orthodox Church, and, public events such as a creation of orders, establishment of monuments, etc. On the basis of the analysis, it was concluded that self-identification of modern Russian people is mainly related to the Soviet period of the Russian history. The official policy of memory is defined to have constructivist nature rather than protective one. The example of the main “social traumas” of the Russian society of the twentieth century such as the October Revolution of 1917 and the Great Patriotic War reveals the official attitude to fundamental governmental and legal guidelines, inter alia, progressive development of the state and society, civil initiative, prevention of civil wars, fight against fascism and refusal to review the results of the Second World War. An analysis of the decisions of the Federal Antimonopoly Service between 2015 to 2017 on the use of historical images in advertising, which is found offensive, is conducted. The article concludes that the official policy of memory in the Russian Federation has international and domestic components. Examples are given from the legislation of France, Belgium, and Poland, related to the regulation of similar processes.

Порівняльний аналіз складів злочинів, передбачених сучасним військово-кримінальним законодавством Франції, ФРН і США

Порівняльний аналіз складів злочинів, передбачених сучасним військово-кримінальним законодавством Франції, ФРН і США

Issues and Prospects for the Codification of Sports Legislation of The Russian Federation

It is studying the relevance of the systematization of Russian sports legislation and issues of thepublication of a codified sports act. The essence of codification as a kind of systematization ofnormative legal acts is revealed, the current state of Russian sports legislation is studied, foreignexperience of systematization and codification of sports legislation is considered. Particular attentionis paid to the analysis of the practice of codification of sports legislation in France. It is concludedthat the presence of a sufficiently specific system of sports legislation of the Russian Federationobjectively raises the question of the need to develop and adopt the Sporting Code of the RussianFederation. It is substantiated that the French experience of the codification of sports law studied inthe publication is a graphic illustration of how in the course of systematization of sports legislation thetasks of raising the status of physical culture and sports, the understanding of law enforcement, arebeing laid, a vector is being laid for the successful development of the branch of legislation and therelevant branch of law. The arguments in favor of the Sporting Code are the priority of physical cultureand sports government support and regulation; relevant foreign experience; the large number oflaws and regulations of the Russian Federation in the field of sports rights, the incompleteness ofthe legislative process in this area; forecasting the adoption of further rules and regulations bringingchaos in law understanding and enforcement. It is proved that there are no current objectiveobstacles to the development and approval of the Sporting Code of the Russian Federation. Thebasis for codification may be the Federal Law “On Physical Culture and Sports”, and gaps in legalregulation can be eliminated by introducing in the text of the code provisions of model laws on sportstraining, professional and paralympic sports. The author expresses conviction that the adoption ofthe Sports Code of the Russian Federation, in many respects, anticipates and warns the problemsin the legal understanding and enforcement expected in the coming years in connection with theactive state interference in the regulation of legal relations in the field of physical culture and sports,conditioned by the priority nature of the latter’s development.

기업제도론과 기업법의 전개 : 프랑스에서의 이론전개와 입법을 중심으로

기업제도론과 기업법의 전개 : 프랑스에서의 이론전개와 입법을 중심으로