Legislation In Individual Countries Research Articles

Tourism and Environment: Ecology, Management, Economics, Climate, Health, and Politics

We review research on tourism and the environment using a temporal framework, distinct from previous reviews. We identify six main phases, all still active, but with different histories. Initially, tourism was treated as a low-impact component of transport and urban accommodation, and the focus was on recreation, ecology and visitor management in parks. Interest then turned to environmental management and corporate social responsibility: wastes, resources, and ecolabels. The third phase analysed positive economic contributions to conservation by a small number of tourism enterprises, principally through private reserves and park funding. The fourth focussed on climate change and carbon offsets, and the fifth on mental health and human capital. The sixth and newest phase is political. Tourism developers, industry associations, and lobbyists have stepped up their longstanding efforts to gain control of parks and protected areas, in order to profit from preferential access to public resources. These efforts now include international instruments as well as policies, practices, and legislation in individual countries. Tourism has become a catspaw for a new form of land grab by private wealth portfolios for high-value nature property. We draw attention to tourism development land grabs in public protected areas as a key priority for urgent research.

Religious Freedom as a Political Technology

The principles of freedom of conscience and of non-discrimination on religious and national grounds, forming the basis of international declarations and constitutions of most states of the world, have become a great historical achievement of mankind. However, at a certain stage, the freedom of conscience became a political tool. This was caused by the desire of Western governments, mainly the United States, to create their own democracy canon that could be introduced into other societies and states, making them open to American interests. The religious factor has acquired a great political signifi cance both in regional and global confl icts, and in the struggle between neoliberal anti-traditionalism and identism, which protects the right of nations, cultures and conservative religions to preserve their identity, instead of transforming along with the pattern of left-liberal elites, LGBT communities, feminists and environmentalists. Neoliberalism, or anti-traditionalism, eagerly brands any declaration of civilizational identity as “xenophobia” and “fascism”. Religion has become one of the main fi elds, where the struggle between identity and anti-traditionalism or “liberal democracy” takes place. The article highlights several areas, where the religious freedom is used as a technology in real politics. The fi rst one is the democratization of legislation in individual countries and the adjustment of its provisions related to the freedom of conscience, the status of religious associations and the regulation of their activity. The second one is the shaping of public opinion and the formation of public interest organizations that promote the principles of religious freedom and act in line with the neoliberal understanding of democracy and the norms of political correctness. The third one is interreligious round tables and trainings with the participation of public off icials, religious leaders and public associations, which is something other than just an interreligious dialogue. They “equalize” Muslims, Orthodox Christians, Catholics, and Protestants in the public fi eld. The principles of religious freedom that the society and the state need in the context of Western anti-traditionalism have become their opposite. Pluralism and religious diversity started to be used as the primary target, since they both most closely corresponded to the demands of American liberal democracy and world anti-identity. The current religious freedom turned out to be far from the tolerance of the Peace of Westphalia. Instead of peaceful coexistence, the new concept of the freedom of conscience, on the contrary, often suggests the oppression of dominant churches and traditions.

Global trends and challenges of achieving carbon neutrality

The urgency of solving the problem of achieving global carbon neutrality is considered, the main factors that enhance the greenhouse effect are identified. By the end of the 20th century, awareness of environmental problems, pushed by large-scale natural disasters and, in general, climate change, led to the formation of a point of view based on environmentalism. A vivid manifestation of this was the formation of the concept of sustainable development within the framework of the UN and its active promotion around the world. The main problems of achieving carbon neutrality are formulated and considered, among which it is possible to distinguish: differences in the economic development of countries and their natural and climatic conditions, the absence of a single global concept of achieving carbon neutrality, and differences in the legislation of individual countries. It was found that within the framework of the emerging trend, an important trend is the formation by a group of countries of a policy aimed at reducing the "carbon footprint". The authors have considered some regulations aimed at various aspects of sustainable growth and energy efficiency, various tools for achieving carbon neutrality within the framework of EU legislation "Green Course". It was found that among the main trends of modern society in the field of achieving carbon neutrality, innovative and investment activities in the development of renewable energy sources, the transition to environmentally friendly transport, improving the energy efficiency of buildings and structures, the introduction of closed-loop technologies, increasing the capacity of forests, soils, wetlands and peatlands, oceans and reservoirs act as carbon sinks and accumulators, as well as the development of economic tools and mechanisms. It was also concluded that achieving carbon neutrality can contribute to improving the competitiveness of developed countries and worsening the economic development of developing countries

COMPETITIVE ABILITY OF INVASIVE WEED SPECIES AND THEIR INFLUENCE ON PHYTOCENOSE BIODIVERSITY

The global threat from the spread of invasive plant species leads to an imbalance of plant living conditions in the agrocenosis and depletion / destruction of biodiversity. Ukrainian scientists are conducting a research on the impact of alien species of flora in the context of environmental threats to phytoinvasions. Invasive plants are especially dangerous both for the integrity of natural ecosystems and for various areas of economic activity. Invasive plant species cause significant damage to agriculture, forestry and water management, nature reserve areas.
 Less common invasive plant species create one of the biggest environmental problems in the world. This is a scientifically proven fact, which is legally reflected both in international conventions and in the legislation of individual countries.
 The foundation of an ecosystem is made by its flora. Therefore, invasive plant species are a blow to its foundation. If climatic conditions are suitable for invasive plants, they have a huge competitive advantage over native species, as they have no or limited natural enemies/consumers and diseases in the local ecosystem that could deter their spread. Therefore, they simply squeeze out local species from the territories, dooming them to extinction.
 The extinction of native plant species leads to extinction of native species of animals, fungi and many microorganisms that have built ties with the aboriginal flora for thousands or millions of years. They are directly dependent on it and are organically interconnected. That is why the invasion of an alien species does not increase the number and activity of local biodiversity, but, on the contrary, leads to the death of a significant number of species of flora and fauna dominated by only one or more species of invasive plants.
 In Ukraine, the impact of non-native plants on the environment is growing every year. In terms of Adventist flora, Ukraine ranks first among other flora in the world. The spontaneous fraction of adventive flora of Ukraine has 830 species of vascular plants (including 18 % – archeophytes and 82 % – kenophytes), which is about 14 % of the total flora of the country, which has more than 6,000 species of vascular plants (including all aboriginal and adventitious species), as well as the main cultivated and wild plants.

Нормативно-правові засади безпеки дорожнього руху у зарубіжних країнах

The article attempts to criminologically study the legal framework for road safety and transport operation in foreigncountries. Dozens of strategies and programs became the empirical basis of the study. Scientific material and the resultsof knowledge of this issue are based on the author’s understanding of certain methodological components. The classificationof the announced normative legal acts according to the scale of their action depending on certain levels, namely:international legal (global), regional, national, local, is carried out. It is emphasized that the legislation of individualcountries in this area can not be considered independently of other levels of regulatory support.A number of strategies, programs and plans adopted over the past two years at the international legal and Europeanlevels in some countries (Sweden, Ireland, Germany, USA, Australia, Canada, England, Poland, Malaysia), localcommunities around the world, and also their features are allocated. The specifics of the concept of zero mortality onVision Zero roads are indicated. The most typical and effective standards of transport safety are singled out, which allowto significantly reduce mortality and injuries from road accidents. The pan-European requirements for road safety havebeen named as a guideline for further improvement in Ukraine. The subjects of development and adoption of the consideredlegislation at all four analyzed levels are listed. The importance of research on this issue is indicated.

ЗАРУБІЖНЕ ЗАКОНОДАВСТВО ПРО ЗВІЛЬНЕННЯ ВІД ВІДБУВАННЯ ПОКАРАННЯ ВАГІТНИХ ЖІНОК І ЖІНОК, ЯКІ МАЮТЬ ДІТЕЙ

The article is devoted to a comparative analysis of legislation on exemption from punishment for pregnant women and women with children. The criminal laws of Eastern European and post-Soviet countries were analyzed using a methodological approach to considering a particular type of exemption from punishment, which includes five characteristics of the development of criminal law relations that exist between this woman and the state: prerequisite, basis, order, conditions and criminal legal consequences. exemption from punishment. In many countries, these norms are formulated as a deferment of punishment. At the same time, the legislation of individual countries allows such an extension both during the court’s sentencing and in the process of serving it. Only in the Criminal Code of Tajikistan these regulations are formulated as an exemption from punishment. In foreign countries, the common cause for all is the occurrence of pregnancy in a convicted woman. In addition, in some countries the second alternative basis is defined differently. In some countries, such a reason is the birth of a child by a woman while serving a sentence, in others, the very fact that a woman has a child, regardless of whether she was born during or before the beginning of serving a sentence. Moreover, in different countries the maximum age of such a child is determined differently. In addition, attention is drawn to the fact that in most of the studied foreign criminal codes, pregnancy or childbirth are self-sufficient grounds for the release of a convicted person from punishment or postponement of his execution.

How Far is Contract and Employee Telework Implemented in SMEs and Large Enterprises? (Case of Slovakia)

Abstract The paper deals with implementation of telework and highlights the inconsistencies in presented outcomes of various surveys focusing on numbers of organizations implementing it. These discrepancies result from differences in legislation of individual countries and differing methodologies used in individual surveys. The research data present the implementation of a particular type of telework (contract and employee telework) in Slovakia and compares the extent to which these work arrangements are implemented in SMEs and large enterprises and in the organizations classified by their ownership scheme.

Juvenile prison in parallel legislation

The need for punishment of juveniles occurred from the time when there was no clear line separating them from the adult criminal population. At the same time, the evolution of the juvenile punishment is not in itself involve substantial changes to their criminal status. On the contrary, the status of minors in society did not show serious differences regarding the status of young adults, as well as the adult elderly. On the other hand, on the ground of their punishment is recorded deviations that go in the direction of application of mild corporal punishment. Closing the minor was performed in a physically separate parts of the general penal institutions with the use of a lower degree of restrictions while serving juvenile prison. Due to the different treatment of minors during the evolution of their criminal status leads to their different treatment in comparative law. That is why we are witnessing the existence of numerous differences in the juvenile punishment in some countries in the world. On the European continent there is a wide range of different legal solutions when it comes to punishing juveniles. There are considerable differences in the procedure pronouncing juvenile prison and in particular penal treatment of juveniles in penitentiary institutions. For these reasons, the author has decided to show the basic statutory provisions in the part that relates to the issue of punishment of minors in the legislation of individual countries.

The Right of the Children to Know Their Origin in Adopting and Medically Assisted Reproduction

The progressive developments in biotechnology present many delicate issues to be resolved in the context of family law. Among them, the child's right to know their biological origin is a controversial issue and increasingly debated in recent years, as it is in conflict with the right of the parent to remain anonymous. The question is considered of particular interest to adopted children and those born and leads through medically assisted procreation (M.A.P.) given the difference in treatment offered by the legislation in individual countries. Beyond the sociologists’ reflections, the analysis is faced in legal solutions that are offered in order to reconcile two fundamental human righs, though not absolute (right to anonymity and the right to identity of the biological parents of the child). If compared to the adopted children, there is a general tendency to ensure this right effectively, towards the children born through the M.A.P. there is greater resistance. The community and international instruments provide the protection of both rights, with a trend in recent years to promote the child's right to know the truth rather than the anonymity of the biological parents. In particular, art.8 of the European Convention on Human Rights (E.C.H.R.) while ensuring respect and protection for privacy and family rights, guarantees at the same time two opposing rights, such as the right to privacy and the protection of the personal data and the right to know one’s origins. But how to reconcile these two rights given the important consequences on the right to health of the child? In addition, which option should be preferred: a) ensuring the stability of a family relationship already established, although artificial (thereby excluding any possibility to search for biological truth); or b) recognizing to the children who have reached a certain psycho-physical maturity the right to know their origins (thus sacrificing the right of the biological parent to remain anonymous)? In addition, would it be justifiable a different treatment on the point between adoption and M.A.P. ? DOI: 10.5901/mjss.2013.v4n6p605

Brominated Organic Micropollutants—Igniting the Flame Retardant Issue

There is increasing concern over the toxicity and environmental distribution of a number of classes of brominated compounds such as polybrominated diphenyl ethers (PBDEs), polybrominated biphenyls (PBBs) used as flame retardants as well as brominated and mixed bromochloro dibenzo-p-dioxins and dibenzofurans (PBDD/Fs and PBrClDD/Fs). Observed ubiquity and bio-accumulative characteristics coupled with dioxin-like toxicity have led to some of these compounds being classified as POPs. Unlike chlorinated dioxins the levels of brominated compounds in the environment shows an increasing trend. The main pathway to observed human exposure is probably through food. The European Commission has reviewed the use of some of these compounds and has recommended a ban on some commercial mixtures. There is corresponding legislation in individual countries against production and usage. This article reviews the ecological and environmental impact of the use of PBDEs, PBBs and other brominated flame retardants. Attention is given to the properties of individual PBDE and PBB congeners as well as the more toxic PBDD/Fs and PBrClDD/Fs. Occurrence, source, fate, toxicology, exposure, analysis and future work required is assessed for each class of brominated organic micropollutant (BOM) outlined.

Mould spoilage of bread: the problem and some solutions

Bread is one of the most important staple foods in the world can be spoiled by many moulds, of which Penicillium species are by far the most common. However, the dominant spoilage flora varies with the type of bread and the storage temperature. Mycotoxigenic moulds can be isolated from spoiled breads, and many mycotoxins have been produced in inoculated breads, but surveys of naturally mouldy breads have yielded only aflatoxins and ochratoxin A in a few samples. Thus, there is little evidence of a risk to public health from mould-spoiled breads; indeed, the absence of evidence of risk in industrialised countries shows that in pratice the risk in these countries is very slight. Mould growth in bread can be reduced by a range of techniques including the following: attention to hygiene within the bakery to reduce the opportunities for mould spores to gain access to the product; pasteurisation of bread once packaged, which is practised for some sourdough breads; use of preservatives, the choice being mainly governed by legislation in individual countries; use of novel ingredients with mould-inhibiting properties. Each of these options is briefly discussed.