Principles Of Legislation Research Articles

일본의 중요토지조사규제법 제정과 쟁점

On the basis of national security and territorial integrity, can the state regulate the use of land and buildings around important defense facilities or on border islands? In response, on June 16, 2021, Japan promulgated ‘Important Land Survey Regulation Act.’ In enacting the Important Land Survey Regulation Act, the Japanese government suggested land acquisition in a specific area by foreign capital as a basis for legislation. Due to the cases of land acquisition in a water source, defense facilities, or border islands, anxiety among Japanese residents and the people is growing. As a background of legislation, the Important Land Survey Regulation Act refers to ‘concerned’ foreign capital and state. It is primarily considering Korea and China as regulatory targets. The Important Land Survey Regulation Act is a regulation law based on the maintenance of the base of national life, maritime sovereignty, and national security. In the future, I think the Important Land Survey Regulation Act will have a direct or indirect effect on Korea. From a national security perspective, laws that regulate direct investment in corporate purchases also exist in the United States and Japan. However, regulations on real estate transactions have recently been introduced from the perspective of national security. In the United States, the Foreign Investment Risk Review Modernization Act (FIRRMA) enacted in August 2018 is a representative law. Real estate transactions are being conducted as a subject of review by the US Foreign Investment Committee (CFIUS). From a national security perspective, Japan is reviewing the case of the United States, which regulates the sale of real estate. However, problems with the bill were pointed out in the process of enacting the Important Land Survey Regulation Act. The issue of unconstitutionality of the Important Land Survey Regulation Act was also raised. In this study, I reviewed the issues and the contents of the law in the legislative process of the Japanese National Assembly : the purpose of legislation and the existence of legislative facts, the subject of regulation and delegation of legislation, forest and water sources, enforcement decree and delegation legislation, resident movement regulation, designation of special zones, and pre-reporting system, etc. The following matters were reviewed on the issue of unconstitutionality inherent in the Important Land Survey Regulation Act : legislative purposes and the absence of legislative facts, violation of the principles of parliamentary legislation, principle of criminal justice, recommendations and orders and criminal penalties, land use investigation and personal information, privacy rights, freedom of thought and conscience, self-denial rights, property rights and compensation systems, etc. The Important Land Survey Regulation Act, like FIRRMA in the United States, is based on national security, Japan primarily aims to protect Japan’s Self-Defense Forces facilities and U.S. military facilities. To this end, ownership and use, and transactions of land and buildings in a specific area are regulated. Second, however, it is a law to prepare for border disputes or maritime disputes between Japan and China, Japan and Russia, Korea and Japan. From the perspective of borders, territories, and maritime sovereignty, the Republic of Korea needs to establish new border protection measures for uninhabited islands and islands.

Implementation of the Rules on the Public Contract (Compulsory Contract) in the System of Legislation on the Carriage of Goods by Rail

The relative independence of railway legislation to a certain extent hinders the applicability of the principles of civil law to the carriage of cargo. This threatens the unity of the legal regulation of property relations. One of the fundamental provisions limiting the freedom of contract in the interests of the economic system as a whole is the recognition of the public nature of business contracts. The public nature of the contract (compulsory contract) of carriage should prevent the arbitrariness of the carrier’s actions and ensure fairness in the provision of transport services. To what extent does the sectoral legislation comply with the principles of civil law? Is the importance of the rules on public contract (compulsory contract) in a special legal regime not diminished? The main task is to assess the degree of compliance of the provisions of the railway transport legislation with the rules on the public contract (compulsory contract). Particular tasks are: to establish the formal inconsistency of industry norms on cargo transportation with civil legislation; to identify contradictions in the procedure for concluding and conditions for the contract of railway cargo transportation to the idea of a public contract (compulsory contract); to prove the need for changes in the design of auxiliary transport contracts from the position of publicity of the contract (compulsory contract) of carriage. The tasks set are solved on the basis of a critical understanding of the norms of civil and railway transport legislation. Methods of comparative jurisprudence were used to prepare the source material for this study. The work is primarily of the nature of a theoretical search, contractual and law enforcement practice was studied at the initial stage of data analysis in order to best understand the essence of the regulations. Based on the conducted research, it should be stated that the implementation of the rules on the public contract(compulsory contract) requires a direct indication in the railway transport legislation. The agreement on the terms and procedure for concluding a cargo transportation contract, especially the procedure for accepting an application for transportation, does not take into account, and in some cases directly contradicts the principles of civil legislation. The system of auxiliary transport contracts creates conditions for a significant restriction of the rights and interests of cargo owners. Based on theoretical conclusions, the paper formulates proposals aimed at improving the current legislation.

Mineral and Coal Mining Business and Management in Indonesia from the Indonesian Constitutional Viewpoint

Mineral and coal wealth in Indonesia has long been exploited and exploited since before Indonesia's independence. The mineral and coal management and exploitation scheme has undergone changes starting from using the Contract of Work/Agreement of Work scheme to using the Mining Business Permit scheme, all of which are claimed in accordance with Article 33 paragraph (3) of the NRI Constitution as the Indonesian constitution. The research aims to look at the management and exploitation of mineral and coal mining in Indonesia from the point of view of the 1945 Constitution of the Republic of Indonesia. The research method used in this paper is a normative research method, emphasizing the use of secondary data, namely examining the principles of law and legislation. invitations, which are sourced from primary legal materials, secondary legal materials and tertiary legal materials. In this study, it was concluded that the 1945 Constitution of the Republic of Indonesia mandates that the management and exploitation of mineral and coal mining by the Government must have a dominant role, the role of the government is not only to regulate, manage and supervise but also plays a role in its management as interpreted by the Constitutional Court's decision. Number 111/PUU- XIII/2015 and the ideas of Moh. Hatta, it does not mean that the Indonesian people reject foreign investment, but that there is a need for a new scheme, one of which is a Joint Venture where 51% or more of the shares are owned by the government or its representatives.

Mineral and Coal Mining Business and Management in Indonesia from the Indonesian Constitutional Viewpoint

Mineral and coal wealth in Indonesia has long been exploited and exploited since before Indonesia's independence. The mineral and coal management and exploitation scheme has undergone changes starting from using the Contract of Work/Agreement of Work scheme to using the Mining Business Permit scheme, all of which are claimed in accordance with Article 33 paragraph (3) of the NRI Constitution as the Indonesian constitution. The research aims to look at the management and exploitation of mineral and coal mining in Indonesia from the point of view of the 1945 Constitution of the Republic of Indonesia. The research method used in this paper is a normative research method, emphasizing the use of secondary data, namely examining the principles of law and legislation. invitations, which are sourced from primary legal materials, secondary legal materials and tertiary legal materials. In this study, it was concluded that the 1945 Constitution of the Republic of Indonesia mandates that the management and exploitation of mineral and coal mining by the Government must have a dominant role, the role of the government is not only to regulate, manage and supervise but also plays a role in its management as interpreted by the Constitutional Court's decision. Number 111/PUU- XIII/2015 and the ideas of Moh. Hatta, it does not mean that the Indonesian people reject foreign investment, but that there is a need for a new scheme, one of which is a Joint Venture where 51% or more of the shares are owned by the government or its representatives.

Novelties in Surrogacy Arrangements Regulation in European Countries

The paper analyzes some of the legal aspects of the surrogacy regulation in the most representative states of Europe. The author raises a complex moral and ethical issue of the admissibility of surrogate maternity legalization, considers various approaches to its ban (partial ban). In addition to the principles of the civil legislation of France identification, the author also assesses the existing legal regulation. This assessment is made taking into account the latest reforms in the civil legislation of France, including the negative consequences of such, for example, the impossibility of inheritance, receiving social benefits, the need to undergo an additional procedure for the adoption of a child by a woman to whom a surrogate mother gave the child. Along with the prohibitions of surrogate motherhood in France, the author refers to the jurisprudence and legislation of Germany, which follows a similar approach. On the other hand, the author examines the procedures of gratuitous surrogacy provided for in the Portuguese legislation, which became the result of another reform in the field of legal regulation of bioethics, as well as one of the most liberal regimes created in Greece.

Ecological and Legal Significance of the Implementation of the Principle of Water Bodies and Hydraulic Structures Relationship that Form the Water Management System: Based on Court Practice Analysis

The paper examines the issues of the legal status of water management systems and their elements in the aspect of the implementation of the principle of water legislation, which establishes the regulation of water relations based on the water bodies and hydraulic structures relationship that form the water management system. The author gives a general description of this principle and reveals its significance in regulating relations for the use and protection of water bodies. The main attention in the paper is given to the analysis of the judicial interpretation of the principle of the relationship between water bodies and hydraulic structures that form the water management system, when considering cases related to property rights to hydraulic structures. Such disputes, as a rule, are due to the fact that water bodies are in the ownership of the Russian Federation, with which hydraulic structures are actually connected, then the hydraulic structures turn out to be owned by a legal entity or individual. The author shows under what conditions the courts interpret the «relationship» of a water body and a hydraulic structure as a property one, by analogy with the principle of the unity of a land plot history, and under which conditions they recognize the existence of an independent legal status for each of the objects that make up the water management system. Based on the results of the study, the author concluded that there is no proper legal regulation in terms of the procedure for distributing property rights to a hydraulic structure and a water body as components of the water management system, as well as in terms of establishing the legal status of the water management system as a single property complex. This is the reason for the lack of uniformity in the judicial practice in resolving property disputes in relation to water management systems and the interpretation of the principle under consideration.

Традиционное территориальное устройство Андомского прихода Олонецкого уезда в первой половине XVIII столетия

The article investigates the specific features in the territorial structure of the church parish on the Andoma pogost district of the Olonets uyezd during the first half of the 18th century. The set problem has not been the subject of close analysis in the historiography yet. Approving the idea that the parish on the North-West of Russia was coherent with the small district (volost’) in 17—18th centuries, emphasizing the unity of the parish, scientists mainly focused on the problem of identifying the general features of the parish and on classification of parishes. The study is based on a comparative analysis of data that were fixed in the reports of the local priests in 1708 and confessional records in 1769. The reconstruction of the grid of all mentioned in the sources villages were used for visualizing the groups of villages, inhabitants of which belonged to different parts of the parish. The revealing data as well as the reconstruction of peculiarities how the clergy was attached to one or another church and how the staff of the clergy was divided into two parts allow us to conclude that the church parish of the Andoma pogost district had significantly more complicated structure, especially in comparative with the structure of church parishes of not very vast districts (volosts). According to tradition the parish was divided into two parts for regulating mechanism of material support of the clergy, distributing obligations among them and satisfaction spiritual needs of the laity. Both parts of the parish had a significant degree of self-dependence: each had its own church, own clergy that was included in the common clergy staff (shtat), and the strictly geographically localized group of villages. The stable using of archaic practices in the territorial organization of the parish during the first half of the 18th century suggests that the local community managed to adapt them to the newly approved legislative principles, aimed at unifying and enlarging church parishes. This was largely possible as the state and church policy took into account archaic traditions of local communities and was aimed on results in the long term.

Prospects for the New Capital City Policy in Law and Economic Perspectives

The relocation of the nation's capital city has been a dream for a long time, but it was only realized after 77 years of Indonesia's independence through Law No. 3 of 2022 concerning the State Capital (IKN Law). Nevertheless, the policy needs to be studied, considering that the current capital relocation will be carried out in the midst of various domestic polemics, as well as global issues such as inflation and the weakening of the global economy after COVID-19, as well as the war between Russia and Ukraine. This study uses a socio-legal research method by combining an interdisciplinary approach between normative studies and economic studies through an analysis of opportunities, threats, strengths, and weaknesses (SWOT). The findings reveal that, from a law perspective, the policy of the new capital city in the IKN Law is an obligation that must be carried out by the government, regardless of who will serve in the future. However, there are several notes to the IKN Law that are not yet in line with the principles of legislation. Meanwhile, from an economic perspective, the IKN policy is indeed based on the ideals of economic equity and sustainability, but financial factors, foreign debt, and global inflation are still a serious threat to the sustainability of the current New capital city policy and for the next few years.

ЕЛЕКТРОЕНЕРГЕТИКА УКРАЇНИ ПІД ЧАС УКРАЇНСЬКО – РОСІЙСЬКОЇ ВІЙНИ

The article analyzes the state of Ukraine's electricity industry during the Ukrainian-Russian war. The purpose of the study is to analyze the state of the electricity industry of Ukraine during the Ukrainian-Russian war. It is shown that the Ukrainian-Russian war, which has been going on for eight years, has caused great damage to the Ukrainian electricity industry. As a result of Russia's full-scale war against Ukraine, there was a sharp drop in the use of electrical energy by at least 30%. The legislative principles of state policy regarding the development of energy storage systems are analyzed. In this regard, the adoption of the Law "On Amendments to Certain Laws of Ukraine Regarding the Development of Energy Storage Systems" was adopted by the Verkhovna Rada of Ukraine on February 15, 2022, which was important for the development of the country's electric energy storage system and the creation of sufficient maneuverable capacities. It is emphasized that even though the Russian aggressor caused great damage to the electricity industry of Ukraine, this area of the country's economy remains quite powerful and has good potential for reforming the domestic electricity market. Next, the situation in the country's nuclear power industry is analyzed. Attention is drawn to the fact that in April - May of 2021, specialists of SE "NAEK Energoatom" and "NEC "Ukrenergo" carried out tests on power units #1 and #2 of the Zaporizhzhia NPP with the aim of mastering the market of auxiliary services. The results showed that nuclear scientists are ready for such innovations. It is shown that a rather difficult situation has developed in the Ukrainian thermal power industry. At least 4 thermal power plants were damaged in Ukraine due to targeted shelling by the Russian invaders. Therefore, the question of strengthening and strengthening the safe operation of the domestic energy system is extremely urgent - the best use of existing TPP capacities and the creation of conditions for the construction of modern generating capacities with a high degree of mobility. The Ukrainian hydropower industry, which is also actively looking for ways to reform the domestic electricity market, is being studied. In 2021,"Ukrhydroenergo" effectively solved a very important task, namely, covering the peak load in the Ukrainian energy system. Thus, the balance of the country's unified energy system was ensured and the consequences of the shortage of coal for thermal generation were minimized. It has been confirmed that one of the most promising ways to reform the domestic electricity market is to create conditions for further development.

Применение лекции как интерактивного метода обучения теории безопасности жизнедеятельности

The article analyzes the prevailing opinion of modern scientists about the loss of effectiveness and justification for maintaining the status of the leading form of education for the lecture, in particular for the basic discipline "Life Safety". This is especially connected with the recent tragic events in the educational institutions of Russia. The widespread opinion that a lecture is not an effective form of education that does not arouse interest among most students and, when interactive forms and types of education are introduced, is moribund and basically useless, has no evidence base and is not always objective.
 The author has drawn conclusions and expresses a firm conviction that the lecture remains the main and so far indispensable form of cognition for reproduction, even in the online learning format. The article provides justifications for this paradigm. Modern technology and digitalization of the education system using interactive forms and methods, allows, through reading and practical demonstration of actions of a different nature, to intelligibly convey to first-year students complex forms of legislative and legal principles and theoretical aspects of life safety to protect the population and economic facilities in various emergency situations.

DEVELOPMENT OF THE BANKRUPTCY INSTITUTE IN UKRAINE IN THE CONTEXT OF ENSURING ECONOMIC SECURITY OF BUSINESS

Purpose. To define the principles for the formation of an effective institute of bankruptcy in the context of the economic security of business, to substantiate the model of the state's participation in the institutional design of bankruptcy in Ukraine. Methods. The analysis of the bankruptcy institute in the context of ensuring the economic security of the business is based on the institutional approach, methods of analysis, synthesis, and generalization. The substantiation of the model of the state's participation in the institutional design of bankruptcy in Ukraine was carried out on the basis of a comparative analysis of the bankruptcy institute in Ukraine and models of the bankruptcy institute in the USA, Germany and France. Results. Attention is focused on the priority importance of institutional changes in forming and developing bankruptcy legislation in the context of ensuring the economic security of business entities. Based on the results of the research, the principles of effective bankruptcy legislation are formulated: the goals and mechanisms for implementing insolvency legislation should be coordinated by the institutional environment formed in society; an important factor in the effectiveness of the bankruptcy institute is the balance of stakeholders' interests. Based on a comparative analysis of the bankruptcy institute in Ukraine and the formed models of the institute of bankruptcy in the United States, Germany and France, it has been proved that in the countries of catching-up development, which include Ukraine, there is no mechanism for automatically balancing the interests of stakeholders in carrying out the bankruptcy procedure. This necessitates the participation of the state in the institutional design of bankruptcy. It is substantiated that the model of the bankruptcy institute in Germany is the most appropriate for being implemented in Ukraine since it does not block the development of market institutes. Scientific novelty. There are proposed criteria for the effectiveness of the bankruptcy institute in the context of ensuring the economic security of business based on comparing the standards for ensuring the balance of stakeholders' interests in following the bankruptcy procedure and the institutional environment established in society. Practical significance. The results of the study form a theoretical basis for improving bankruptcy legislation and mechanisms for its enforcement from the standpoint of ensuring the economic security of business entities.

LEGAL PROTECTION OF WATER BODIES IN MUNICIPALITIES (ON THE EXAMPLE OF IZHEVSK, UDMURT REPUBLIC)

The article reveals the main problematic issues related to the legal protection of water bodies. It is indicated that the protection of water bodies is defined in the water legislation as a system of measures aimed at the conservation and restoration of water bodies. The authors note that this system provides for monitoring and state accounting of water bodies, as well as control (supervision) over their use, bringing to justice those responsible for violations. The article describes the main surface water bodies located on the territory of the city of Izhevsk. It is noted that in relation to surface water bodies owned by municipalities, measures for the protection of surface water bodies are carried out by local self-government bodies. The paper investigates individual environmental problems of reservoirs and watercourses of the city of Izhevsk, as a result of which there is a degradation of natural communities and a violation of the processes of self-purification of rivers. Basically, the sources of pollution and clogging are considered to be objects that discharge or otherwise supply harmful substances to water bodies (industrial enterprises, utilities, agricultural enterprises, etc.). It is concluded that the implementation of all measures for the protection of water bodies is aimed at implementing the basic principle of water legislation - the priority of protecting water bodies over their use.

Just Energy Transitions in Progress? The Partnership between South Africa and the EU

Abstract This article explores contextual background and legislative developments within the energy sector of both South Africa and the European Union (EU) which has led to the formulation of the International Just Energy Transition Partnership between South Africa and the EU and particular EU member states. This is done by observing and unpacking the state of renewable energy production within South Africa and the EU and reviewing key principles in specific legislation within the respective energy sector. The paper aims to address and identify areas of interest that should be included within the International Just Energy Transition Partnership between South Africa and the EU in order to ensure that climate goals and energy sector objectives within both South Africa and the EU are efficiently and effectively achieved.

Regarding further prospects in innovation of the rule-making legislative basis

In Ukraine, the idea of systematization and unification of regulations, due to which positive law arises and is formed, has been discussed and defended for a long time. At the same time, to date, attempts in Ukraine to pass a law on rule-making have not been finalized. With the introduction of the draft Law on Legislative Activity in the Verkhovna Rada of Ukraine and subsequent voting on it by parliamentarians in the first reading, the issue of further prospects for innovation of the legislative basis of rule-making was raised again.An analysis of the constitutional provisions on rule-making in Ukraine has been presented. The European experience of constitutionalization of rule-making has been analyzed and the need to list the list of sources of law in the basic legal act of the state and to define the basic provisions on rule-making has been emphasized. It has been emphasized that the European experience of constitutionalization of rule-making / law-making indicates that the constitution as the basic law should answer the question of whether the state should have a law on normative acts and rule-making or need a broader approach reflected in law-making.In Ukraine, the fundamental position of legal science needs to be constitutionalized, that by-laws cannot contain primary norms of law, especially since the European experience indicates the need for such a step. By-laws must be adopted on the basis of and in compliance with the provisions of the law. Attention is drawn to the fact that the basic concepts and constructions of the draft Law of Ukraine “On Law-making”, such as law-making and principles of law-making, need significant refinement, as they are based on controversial conceptual approaches.

The use of electronic evidence in court: a comparative legal analysis in the world practice

The article is devoted to such a topical issue as the use of electronic evidence in court. The purpose of the article is to determine the basic principles of electronic evidence, study domestic and foreign legislation on the use of electronic evidence in court, determine their place in the system of evidence, and identify problems with evidence in court. It was found that electronic evidence should be understood as factual data that are displayed in digital forms and recorded on any type of media, as well as after processing by electronic computers become possible and accessible to human perception. It has been established that in most of the European countries we study, electronic evidence is unquestionably classified as written and is not singled out. It has been identified that electronic documents have the same legal force in some countries as paper documents. It was concluded that in Azerbaijan the procedure for collecting and examining electronic evidence in domestic proceedings should be improved to avoid various technical errors, as well as to strengthen cybersecurity measures and increase basic knowledge of judges in the field of information technology.

Identifying constraints on Roma minority education provision in Romania

The legislative principles that govern Romanian education, such as ensuring equal opportunities and social inclusion and focusing education on its beneficiaries, are tested by the real-life situation of Roma children and young people. The pandemic has put pressure on the educational system. The closure of schools from March 2020 and the forced transfer of teaching activities to an online format are increasing the problems faced by Roma children and young people, in many cases blocking their access to education due to technological constraints. Family support is essential for primary school students and particularly in the case of digital learning. Many Roma families are not interested in spending money on education, especially if, in addition, they are losing income that older children bring home. For educators, Dewey’s (1944) prediction has come true: ‘If we teach today’s students as we taught yesterday’s, we rob them of tomorrow’ (p.167). For Roma students, digital education means no education as teachers are unable to connect with them. In Romanian schools today, the curriculum contains a vast amount of information but is not correlated with students’ ability to understand the sheer volume of knowledge taught and the purpose it serves. According to the OECD Programme for International Student Assessment’s (PISA’s) 2018 results, 41% of Romanian students are functionally illiterate (Organisation for Economic Co-operation and Development [OECD], 2018). According to the results of a study based on an online questionnaire, which presupposes a degree of digital literacy, in 2020 32% of young people enrolled in pre-university education did not have exclusive individual access to a functional device (desktop, laptop, tablet); despite that online application supposed, also, that some of the family members have digital abilities. (Romanian Institute for Evaluation and Strategy [RIES], 2020) Through our study, we aim to reveal the series of current problems faced by the Roma ethnic group when attempting to access the educational system, presenting the perspectives of both educators and learners.

The legal nature of the evaluative concepts of "justice", "good conscience" and "reasonableness" in the Tax Code of Ukraine

The article is devoted to the research of the aspect to be discussed of, the updated during the last few years, doctrinal legal tools of the Tax Code of Ukraine in order to eliminate gaps in regulation of tax relations and strengthening the certainty of tax law.Any right only seeks legal certainty, but in fact, to a large extent a priori remains uncertain in the strict sense of the word. It is so due to, primarily and mainly, the irresistible procedural nature of all social relations including relations on taxation.The specific purpose of the study is the attempt to analyze legal nature of evaluative concepts of justice, good conscience and reasonableness in the Tax Code of Ukraine. Anthroposocial and cultural approach, primarily axiological, historical and comparative legal methods, as its components, were used as methodological tools. According to the results of the study a number of conclusions are substantiated. In particular, it was clarified that the Tax Code of Ukraine is not yet characterized by a broad and systemic application of the evaluative concepts of justice, good conscience and reasonableness. In cases when they are used in it, the domestic legislator has invested in these concepts the content radically different from what is generally accepted in the European legal space, or even used these concepts as antonyms (dishonesty, unreasonableness) or synonyms (rational).At the same time, the tendency to the actual use of the aforementioned valuation concepts as principles of tax law has already become apparent. As the nature of the tax is common to all societies and Ukraine has stated its intention to integrate into the EU, there is a need to implement into the Tax Code of Ukraine the approaches to the application of evaluative concepts such as fairness, good conscience and reasonableness, inherent in their application in the European legal space of Ukraine - as legitimate principles of tax law of Ukraine. It became obvious that the title of Article 4 of the Tax Code of Ukraine should be changed from “Basic Principles of Tax Legislation of Ukraine” to “Principles of Tax Law of Ukraine” and state these principles on worldviews and methodological approaches, inherent in the European public space.

Принципы построения модели психологического анализа интересов для решения задач алгоритмизации правоприменения (на примере семейно-правовых споров)

The article outlines the principles of building a model designed for the legal practice of judicial review of disputes based on a psychologically oriented approach. The idea of using such a model in the context of digitalization of law enforcement activities is substantiated. The novelty and peculiarity of the proposed approach will make it possible to identify the interests of the parties to the dispute in a situation of legal uncertainty. In cases where the court is forced to understand interests subjectively due to the lack of guiding principles in legislation and legal doctrine. In the circle of scientific concepts of psychological science, it is proposed to introduce the concept of interest in the meaning necessary for the dispute resolution procedure, a working version of the definition of the concept of interest is formulated. A typology of levels and degrees of interests and a method for determining interests providing additional resources for the peaceful resolution of a family legal dispute have been developed. The possibilities of work are shown by the example of family legal relations in which, by virtue of the law, it is required to identify and justify the interests of the child or the interests of the spouse.

Principles of Legislation and Interpretation of Statutes: Case Analysis On Shilpa Mittal V/S State of Nct Delhi & Another

The term ‘Interpretation’ refers to the process of determining the true meaning of an enactment and is the most important function of the judicial bodies. The court has to follow certain set principles which have emerged through various interpretations done by the courts in order to fulfil the intentions of the legislature. Over the period of time, there are several rules and principles of interpretations of statues that have emerged. Here for the purpose of analyzing the case of Shilpa Mittal v/s St. of NCT of Delhi 1 , we will be discussing the Golden Rule of interpretation. This Rule is applied in order to determine the legislature’s intention from the terms used in the enactment through their ordinary/natural interpretation, and only changing the meaning to a certain degree in order to prevent absurdity, repugnance, difficulty or unfairness. The given case discusses questions regarding how should a juvenile be treated under a category of a crime that is not in the Statute but is asserted by the appellant to be included as a “heinous” offence. The case is significant in understanding how the court interpreted the statute, in order to clear the ambiguity regarding the fourth category of offence that is an offence prescribing a maximum punishment of more than seven years imprisonment but not providing any minimum punishment, or providing a minimum punishment of less than seven years. The main aim of this article is to analyze the case in accordance with the rules of interpretation used by the courts to come to a decision.

Взаимодействие и соперничество основных принципов экологического законодательства

Environmental legislation consists of natural resource legislation and environmental legislation. They are supplemented by the environmental norms of other branches of Russian law. The Land, Water, Forest Codes, and other federal laws that make up the first part of environmental legislation contain the basic principles of legal support for rational use of natural resources. Federal laws on environmental protection, on environmental expertise, on the protection of atmospheric air, on radiation safety of the population, on specially protected natural territories, which constitute the second part of environmental legislation, provide for the basic principles of legal protection of the environment. The Urban Planning Code of the Russian Federation dialectically combines the principles of rational nature management and environmental protection. Between these principles, based on the requirements of the Constitution of the Russian Federation, there is a relationship in the form of a close relationship and at the same time some competition. It does not mean confrontation, but it is mostly caused by contradictions between the maximum use of natural resources, obtaining economic benefits from them and the legal protection of the natural environment in the interests of present and future generations. The task of comparing the basic principles of environmental legislation is to find an increase in the effectiveness of their concretization, shifting to norms and requirements, reconciling their discrepancies and discrepancies, including by focusing on understanding, combining general and private interests. This is achieved by clarifying the objectives and content of the principles, a combination of administrative and civil law methods of regulation, modernization and unification of terminology.