Proper Legal Basis Research Articles

Kebijakan Hukum Terhadap Pelaku Perundungan Di Sekolah Yang Berdampak Pada Perkembangan Mental Anak

The number of cases of criminal acts of bullying lately has increased, which is even sadder to the point where victims die. Of the several cases that have come to the public's attention is the bullying committed by children in the school environment. This phenomenon requires the government to issue policies to deal with cases of bullying. This research is intended to examine and provide an understanding of how legal policies are against perpetrators of bullying in schools and how big the impact of bullying is on the mental development of children as victims. This type of research is normative legal research with library research as the approach. The results of the study show that children as perpetrators of bullying should not be left alone in a peaceful settlement through the implementation of a diversion process outside the judiciary, but rather be given sanctions in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Article 82 paragraph (1) letter e of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, namely the obligation to attend formal education and/or training organized by the government or private bodies, is the proper legal basis for imposing sanctions on acts against children . In particular, some of the impacts of bullying on mental health are that the victim experiences trauma to the perpetrator, depression which causes the victim to experience a decrease in concentration, further loss of self-confidence, as a form of revenge, the victim has a feeling of wanting to bully, fear of being seen or noticed in public or social bullying , anxiety that tends to be excessive, dropping out of school and even the victim commits suicide. Meanwhile, the result of bullying for children's mental health is that victims of bullying tend to be alone because they feel the most guilty among others, victims have decreased self-confidence, reduced enthusiasm for life so they prefer to be moody and not anxious. For some people their emotions are getting more and more uncontrollable so that it results in a feeling of revenge in the victim's heart and makes them want to do what they have experienced against other people.

КОНЦЕПЦІЯ МІСТА-САДУ: ФОРМУВАННЯ І РОЗВИТОК НА ПОЛЬСЬКИХ ТЕРЕНАХ УПРОДОВЖ ПЕРШОЇ ЧВЕРТІ XX СТОЛІТТЯ

The article examines the formation and development of the garden city concept in Poland during the first quarter of the twentieth century. The experience of Polish architecture and urbanism in the context of the garden city idea before the First World War and in the first postwar years is highlighted. Examples of realized Polish garden cities, the activities of both individual figures and entire societies and organizations that promoted the garden city concession are described. The relevance of the topic is determined by the need to create a balanced and unified urban strategy for the restoration of Ukraine, which would have not only a proper legal basis, but also a strong value character, which is inherent in the garden city concept.

The dispute over the limits of the European Union’s competences – remarks against the background of CJEU case law

The text concerns the legal basis of the CJEU judgment of 15 July 2021 in case C 791/19 1European Commission v. The Republic of Poland. In this judgment, the Court adjudicated regarding the EU compliance of the national regulations governing the system of the organs of judicial authority. Against this background, it is argued that the system of the organs of judicial authority in any EU Member State does not fall within the competence granted to the EU, but remains solely within the competence of the Member State. The CJEU is empowered to adjudicate only within the scope of competences conferred upon the EU. The CJEU is not competent to take over the competences of the organs of state power of Member States or to thereby force them to adopt particular legal solutions. Any action taken by the CJEU without a proper legal basis has but the appearance of adjudication. In the authors’ opinion, the CJEU judgment raises many doubts as to its compliance with EU law.

The correlation between vindication, restitution, and condiction as civil law methods of property rights protection: some aspects.

The article has been devoted to the study of the problem of distinguishing between vindication, restitution and condiction as civil law methods of property rights protection. It has been found that vindication as a material legal method of protecting property rights is characterized by a number of features that simultaneously act as conditions for its application, and the absence of at least one of them excludes the possibility of qualifying the corresponding material legal requirement as a proper method of protection.It is well-founded that the action to declare the deed invalid with the corresponding application of restitutionary consequences is, unlike the vindication action, an obligatory legal means of protecting the right of ownership, therefore it should be applied only in the case when the parties are in a contractual legal relationship. In view of this, restitution has been characterized by certain features that are manifested in the peculiarities of the subject composition of legal relations.It has been established that the content of the construction of the obligation of unjust enrichment due to the direct instructions of the law partially overlaps with restitution and vindication, which according to their legal construction have similar mechanisms of application. A systematic analysis of domestic legal norms has showed that the condiction as a non-contractual binding way of protecting property rights is a kind of generalized construction that can be applied both independently and subsidiarily to all cases when one person acquires or retains the right to property or actual possession by him at the expense of another person without a proper legal basis. Therefore, the condiction is applicable as a subsidiary (additional) method of protection only in the event that the corresponding claim of the owner or title holder of the property has not been covered by the regulatory regulation of the main method of protection of the right, but has been covered by the definition of the obligation due to its characteristic features, conditions and subject composition from the acquisition or preservation of property without a sufficient legal basis.

СПОСОБИ ЗАХИСТУ ПРАВ МІНОРИТАРНИХ АКЦІОНЕРІВ У СПОРАХ ПРО ОБОВ'ЯЗКОВИЙ ПРОДАЖ АКЦІЙ

Background. The institution of mandatory sale of minority shareholders' rights at the request of a person (group of persons) who owns a dominant controlling stake (squeeze-out) is new for the theory and practice of the domestic corporate law. In the legislation of the EU countries, a public offer is a mechanism that guarantees the protection of minority shareholders in the process of redistribution of corporate control and takeover of a joint-stock company and ensures a balance of private and public interests in a joint-stock company in the process of the exit of a public company from the regime of publicity and the termination of share trading on the regulated stock market. The updated legislative regulation of Ukraine in the part of the mandatory sale of shares (squeeze-out) has gaps in the part of special methods of the protection of minority shareholders' rights and interests violated by such a transaction, for example, in case of the understatement of the shares price or non-compliance with the normatively established rules for the procedure of mandatory sale of shares. Methods. The article analyzed the practice of the Supreme Court aimed to solve this problem and determine methods of protection the minority shareholders' rights in a jurisdictional form. General scientific and special scientific methods are using the article,: system analysis, dialectical, system-structural, analyzed the legal norms, doctrinal provisions and practice of the Supreme Court, which regulate the procedure for determining and choosing methods of protecting the minority shareholders' rights in а jurisdictional form. Results. Effective and ineffective methods of protecting of the minority shareholders' rights were determined. Among the effective methods of protection, the following were highlighted: recovery of damages, recovery of compensation – the amount of money that is the difference between the fair market value of shares and the price of their mandatory sale, recognition of the right to receive compensation, recovery of acquired property (money) without proper legal basis, recognition voiding the deed of compulsory sale of shares of the minority shareholder-plaintiff by public irrevocable demand, recovery of inflationary losses and 3 % per annum. Ineffective methods of protection were defined as the invalidation the decision of the supervisory board and the invalidation of a public irrevocable demand, the termination of the action that violates the right. Conclusions. The specified legal regulation without defining in the law special methods of protection and joint liability of the applicant of a takeover bid and persons acting together with him appears to be insufficient. The shares of minority shareholders are redempted without a will, the shareholders are not able to influence the process of the redemption and determination of the shares price and the law does not provide grounds to stop the squeeze-out procedure for the appeal period.

Determinants, standards and principles of cooperation between the Polish Financial Supervision Authority and selected stakeholders of the state security system

The aim of the article is to analyze determinants, standards and principles of co-operation between the Polish Financial Supervision Authority and selected stakeholders of the state security system. This is especially important in the context of the dynamic development of the financial market, challenges resulting from the computerization of this market in the era of pandemics and the geopolitical situation related to the war in Ukraine. Authors accepted the hypothesis that the effectiveness of cooperation of entities responsible for state security depends, on the one hand, on the proper legal basis, and on the other hand, on soft factors such as mutual trust, community of goals and competence of employees of public institutions and officers. The article is a review with a theoretical and empirical component. The doctrine and legal acts were analyzed, and also empirical material collected during the research process was analyzed. For the purposes of the considerations, the dogmatic-legal method and the analysis of source materials of the Polish Financial Supervision Authority were used.

THE IMPLEMENTATION OF THE PRINCIPLE OF JUDICIAL PROTECTION OF LOCAL SELF-GOVERNMENT RIGHTS IN THE NATIONAL COURTS’ PRACTICE: THE UKRAINIAN EXPERIENCE

Background: The article is devoted to the consideration of the principle of judicial protection of local self-government rights in the practice of the Supreme Court. The authors examined the constitutional and international legal guarantees of local self-government rights and emphasised that, compared to individual European states, Ukraine received the proper legal basis for the effective guarantee and protection of local self-government as an important institution of the democratic state. Attention is paid to the analysis of the principle of judicial protection of local self-government in Ukrainian and European scientific literature. It is emphasised that guaranteeing the effectiveness of the local self-government is one of the main purposes of judicial protection of local self-government rights. The article also considers certain problems related to the proper implementation of regulatory provisions on judicial protection. In particular, it emphasises the importance of substantiating the appeal to the judicial authorities specifically for the purpose of protecting the interests of the territorial community in legal relations with ate power. The authors also outline the problem of choosing a jurisdiction for the consideration of disputes in which local self-government bodies act as one party. It was determined that in terms of the right of a local self-governing body to apply to a court with a claim against another public authority in order to protect the rights and interests of the relevant territorial community, a certain practice has been formed. On the basis of the analytical research, certain categories of cases considered by Ukrainian courts in the context of the right to judicial protection of local self-government were identified and analysed. In particular, the cases of lawsuits by local self- government bodies to the Verkhovna Rada of Ukraine regarding the formation and liquidation of sub-regional administrative-territorial units were analysed; cases of claims of local self- government bodies to the Cabinet of Ministers of Ukraine regarding territorial transformations; cases of lawsuits between local self-government bodies. Special attention is paid to the practice of the prosecutor’s appeal to the court in the interests of the state in the person of the local self- government body. Methods: The authors used comparative synthesis methods and information analysis. Actual empirical data are used to argue for the conclusions. Results and Conclusions: The authors draw conclusions about the implementation of the principle of judicial protection of local self-government rights in the practice of Ukrainian courts. Separate problems concerning the possibility of a local self-government body appealing to the courts are also analysed.

Italy’s Implementation of the Rome Statute of the International Criminal Court and its Amendments: Unresolved Issues

Abstract The present article investigates whether the international crimes listed in the Rome Statute of the International Criminal Court and its amendments are punished under Italian law and, if not, what changes to domestic law are necessary so that perpetrators can be prosecuted before the Italian courts. To this end, firstly, it recalls Italy’s efforts to enact ad hoc legislation implementing the Statute. Secondly, it scrutinizes the existing Italian legislation on international crimes and identifies gaps and inconsistencies with the Statute. Finally, it considers the recent Government’s initiative for adopting a code of international crimes. The author finds that the Italian legislation does not provide a proper legal basis for the prosecution of most of the aforementioned international crimes and advocates a major legislative effort to make all of them prosecutable before the domestic courts.

Revisiting the Law on UN Peace Operations’ Support to Partner Forces

Abstract Modern UN peace operations frequently deploy in non-international armed conflicts (NIACs). Their activities tend to support governmental forces in stabilizing the country, including the combat against non-state actors. This is one of the most prominent examples of ‘support relationships’ or ‘partnered warfare’, namely situations in which a foreign partner provides military support for an ally in an armed conflict. This also raises the question, however, of the legal status of UN peace operations and their activities in such circumstances. This article examines the legal situation and finds that the current legal tenets regarding UN peace operations becoming a party to a conflict and individual peacekeepers directly participating in hostilities do not address the issue in a satisfactory manner. It also finds that while the International Committee of the Red Cross has proposed the support-based approach to clarify the issue, this lacks an appropriate legal basis. The article argues that a ‘totality-of-the-circumstances’ approach regarding the existence of a NIAC, which corresponds to the original spirit of Common Article 3 of the Geneva Conventions, provides a proper legal basis which addresses identified concerns. The article concludes by discussing such an approach’s advantages and drawbacks in the case of support relationships.

Правовые проблемы использования искусственного интеллекта в сфере здравоохранения

Introduction: the digitalization of domestic healthcare is one of the strategic tasks facing the digitalization of the Russian economy. The solution of this task is not possible without the creation of a proper legal basis. Without removing legal barriers, there can be no chance of introducing the latest information and communication technologies that provide significant advantages in achieving the highest level of health. Purpose: to investigate the legal aspects of the use of artificial intelligence in medicine. Methods: the methodological framework for the study is the methods of scientific cognition, among which the main ones are the methods of systemacity, analysis and comparative law. Results: the paper highlights the directions of digitalization of Russian healthcare, the possibilities of using artificial intelligence technologies in medicine, and the main problems of using these technologies in healthcare. Conclusions: artificial intelligence technologies are actively developing in modern healthcare due to the widespread appearance of big data, increased computing power, the development of cloud services, as well as numerous examples of the effectiveness and prospects of applied solutions and their ability to respond to modern challenges and problems in healthcare. The Russian Federation already has a sufficient legal framework regulating the relations in the digitalization of healthcare and the use of artificial intelligence. The main task in the course of the upcoming work is to improve the existing legal tools, identify and eliminate the legal barriers that hinder further digitalization. It is necessary to consolidate the provision whereunder a wide range of specialists, including medical professionals, representatives of the legal community, representatives of software development firms, should be involved in the discussion of introducing artificial intelligence in healthcare, so that they can fully share their analysis of the impact and possible consequences of the introduction of applications based on artificial intelligence into the healthcare system, as well as to develop the necessary ethical framework in which they should act.

Constitutionality of Restrictions on Freedom of Assembly during the COVID-19 Pandemic in Poland

Abstract Since the beginning of the pandemic, the Polish government has repeatedly imposed restrictions or a total ban on the freedom of assembly. A total of five different restrictions to this right were announced during this period, from a total ban on organizing and participating in assemblies to allowing assemblies in limited groups (150, 50, 5 and 2 persons). The restrictions were introduced each time by an ordinance, a legal act of a lower rank than the law. The government, wrongly, justified the authority to introduce such restrictions with the provisions of the act on preventing and combating infections and infectious diseases among people. In this paper, the author demonstrates that the ban on the organization of and participation in assemblies was introduced without a proper legal basis – by means of an ordinance instead of a statute – and contrary to the provisions of Article 57 and Article 31(3) of the Polish Constitution. The author also points out that as a result of the defective regulation, citizens have the right to refuse to accept criminal fines imposed by the police, pursuant to Article 54 of the Petty Offence Code, during assemblies. In the author’s opinion, no circumstances, not even extraordinary ones, can justify the failure of authorities to observe the provisions of the Polish Constitution. Such a failure leads to a violation of the principle of individual trust in the state, legal certainty and security, and consequently the clause of a democratic legal state.

Legality of Human Rights Restrictions During the COVID-19 Pandemic Under the European Convention on Human Rights

The European Convention on Human Rights, the regional international treaty adopted in 1950, requires that any restriction, limitation, or interference with the rights and freedoms guaranteed in the Convention should be ‘prescribed by law’, ‘in accordance with the law’ or ‘provided by law’. In the case-law of the European Court of Human Rights, the assessment of ‘legality’ requires that the impugned measure have a legal basis in national law, and refers to the quality of law. At the outset of the COVID-19 pandemic, numerous states worldwide rolled out a patchwork of different provisions limiting (restricting) the implementation of human rights and fundamental freedoms. Understandably, the immediacy of the emergency required a quick and efficient reaction from states; therefore, some situationally appropriate, however aggressive, restrictions on the exercise of human rights were imposed without a proper legal basis in national law. The article deals with the concept of the legality of limitations (restrictions) on the implementation of human rights and fundamental freedoms in a public health emergency, and in particular, the question of whether Article 15 of the Convention includes the possibility to deviate from the “classical” legality standard. The ‘derogation clause’ enshrined in Article 15 and the ‘restrictive clause’ established in, e.g., the second paragraphs of Articles 8–11, have an essential value in assessing the ‘legality’ of interference in the exercise of the Convention rights and freedoms during the COVID-19 pandemic, especially in cases where States Parties to the Convention had not used the possibility to derogate from the Convention obligations under Article 15. Relying on the case-law of the ECtHR in respect of the legality of interference in the exercise of human rights, the authors argue that legality in a state of emergency should follow the same logic as in the absence of such a state. This is reflected in the constitutional case-law, although the national dimension of the legality requirement varies depending on different constitutional arrangements in the countries.

Інфраструктура фінансового ринку в Україні: наслідки законодавчого оновлення

The defining principle of the effective functioning of the infrastructure of financial markets is a proper legal basis. It is emphasized that the general principles of infrastructure construction in the context of globalization should provide predictability, clarity and familiarity for international investors. This is most important for immature markets, where legal uncertainty, along with other objective difficulties in the functioning of the infrastructure, hinders the development and attraction of investment. The article notes the slow pace of modernization of the financial market infrastructure in Ukraine and the lack of significant progress in the implementation of international recommendations and proposals of foreign experts. In the course of the study of the updated Ukrainian legislation in the field of capital markets, its inconsistency with the legislation on payment systems and money transfers, inconsistency of terminology, lack of legal certainty, attribution of most fundamental issues to the regulator's discretion were substantiated. Legislative “innovations” of Law № 738-IX of 19.06.2020 are extremely destructive, and their practical implementation poses a threat to the integrity and operational landscape of the infrastructure of financial markets in Ukraine. It has been found that since the middle of 2021 a rather dubious form of cash settlements has been implemented, which revives the outdated inconvenient payment scheme and until 2023 preserves the monopolistic nature of clearing and settlement services, exposes stock market participants to legal and operational risks. It is stated that the Law does not follow the principles and recommendations developed in detail by international experts. The existence of preconditions in Ukraine for building a modern infrastructure of financial markets is substantiated, which requires a proper legal basis, which should be created taking into account the interests of market participants, active involvement of experts, quality implementation of European legal framework and international practices.

О концепции развития правового регулирования отношений в сфере цифровизации отечественного здравоохранения

Digitalization of domestic healthcare is one of the strategic tasks facing the digitalization of the Russian economy. The solution of this task is impossible without creating a proper legal basis. Without removing legal barriers, it is impossible to introduce the latest information and communication technologies that provide significant benefits in achieving the highest level of health. The article highlights three main areas of digitalization of Russian healthcare, and based on the analysis, the forecast of further improvement of Russian legislation in the framework of these areas is presented.

Foreign Direct Investment Legislation: A Precondition for Creating a Favourable Investment Climate in the Case of Kosovo

Abstract Foreign direct investment (FDI) represents a significant impetus for sustainable economic growth and development. From the context of the importance that FDI carries as the transfer of knowledge, experience, employment growth and development of human capital, its attraction definitely requires a proper legal basis, namely, the implementation of the law and the proper functioning of judiciary. The main aim of this study is to elaborate the legislation on foreign direct investment in Kosovo and to analyse FDI in Kosovo over the years. This study is based on local literature, specifically the interpretation of the current law on FDI in Kosovo and international literature to examine the effects of legislation on a business climate. This study is descriptive, comparative and analytical, based mainly on secondary data provided by the World Bank indicators on FDI in Kosovo over the years. Kosovo as a young, post-war state has drafted a number of reforms in the economic field and in the field of law enforcement and judiciary, but undoubtedly the current law governing strategic investments has room for improvement, thus, must be enforced in order for investors to feel safe while operating in Kosovo. This study also concludes that Kosovo is attractive for foreign investors due to the increasing rate of GDP, labour market conditions, high rate of degree holders complying with labour market requirements. The study goes further with recommendations on supplementing the current law versus the European FDI legislation. The major implication of the study is the comparative analysis of Kosovo’s law in regard to the EU Law on FDI.

Podstawa traktatowa przyjmowania aktów prawa pochodnego z dziedziny środowiska i energii w prawie UE

Despite the considerable volume of the Court of Justice of the European Union (CJEU) case-law on Treaty basis for secondary legislation, the claim that any doubts concerning the choice of the Treaty basis for secondary legislation in the area of environment and energy in the EU law have been clarified is incorrect. On several occasions, the choice of the proper legal basis for such a legal act gave rise to serious doubts. It was unclear whether the subject matter of the act determined the application of Article 192(1) TFEU (ordinary legislative procedure) or Article 192(2), first paragraph of the TFEU (special legislative procedure).
 The aim of this article is to analyse the control criteria for the check of the Treaty basis for secondary legislation in the area of environment and energy conducted by the CJEU. This issue is considered in a broader context of the Treaty provisions, practice and the CJEU case law. The utmost attention is given to the judgement of the Court of Justice of the European Union issued on 21 June 2018 in the case C-5/16, Republic of Poland v European Parliament and Council of the European Union, where the Court dismissed the action for annulment of the Decision (EU) 2015/1814 of the European Parliament and of the Council of 6 October 2015 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and amending Directive 2003/87/EC.
 The Author of the article comes to the conclusion that the Court, when reviewing the choice of the Treaty basis for a legal act, considers mainly its purpose and content, while the likely impact is of secondary importance. According to the Author, the judgement of the Court in the case C-5/16, Republic of Poland v European Parliament and Council of the European Union is likely to impede the application of Article 192(2)(c) TFEU (special legislative procedure) as a proper legal basis for legal acts in the area of environment which may affect a Member State’s energy mix.

The Binding Force of the Nuclear Disarmament Obligation upon North Korea and Its Legal Implication under International Law

Article VI of the 1968 Nuclear Non-Proliferation Treaty (NPT) requires all state parties to disarm nuclear weapon. Following its official withdrawal from NPT in 2003, North Korea maintains to develop its nuclear weapon and conducts several nuclear tests. Moreover, it even proudly declared as a nuclear state in its Constitution's preamble. It also argues that the nuclear weapon developments and tests were conducted within their territory and, currently, North Korea is not bound by any treaty prohibiting such developments and tests. The statement is strongly opposed by the international community, particularly their neighboring states: Japan and South Korea. This article argues that the obligation to disarm nuclear weapon deriving from the NPT still binds North Korea since such obligation has reached the status of customary international law and consequently binds every state unless such state persistently objects the rule from the beginning of its formation. In this case, North Korea has failed to prove itself as a persistent objector due to the fact it used to be a party to the NPT. This article also argues that, according to 2001 ILC Articles, Japan and South Korea still have a proper legal basis to claim for reparation against North Korea despite the fact that they are not specifically affected by North Korea’s conducts.

УДОСКОНАЛЕННЯ НОРМАТИВНО-ПРАВОВОГО ЗАБЕЗПЕЧЕННЯ ПІДГОТОВКИ ФАХІВЦІВ ІТ-ПІДРОЗДІЛІВ ОРГАНІВ ДЕРЖАВНОЇ ВЛАДИ УКРАЇНИ

УДОСКОНАЛЕННЯ НОРМАТИВНО-ПРАВОВОГО ЗАБЕЗПЕЧЕННЯ ПІДГОТОВКИ ФАХІВЦІВ ІТ-ПІДРОЗДІЛІВ ОРГАНІВ ДЕРЖАВНОЇ ВЛАДИ УКРАЇНИ

Transnational Public Policy as an International Practice in Investment Arbitration

Abstract International investment arbitration tribunals have used the doctrine of transnational public policy to prevent claimants whose investments are tainted with illegality from obtaining redress. Whereas tribunals generally have the authority to apply transnational public policy when deciding a claim, they have often assumed rather than demonstrated the obligation for foreign investors to comply with the doctrine. This article proposes an interdisciplinary account that draws upon ‘international practices’ in International Relations theory to understand the normative pull toward this obligation. It does so by shedding light on tribunals’ general lack of consideration for a proper legal basis to impose an obligation on foreign investors to comply with transnational public policy. It then suggests that the normativity of the doctrine primarily rests on a practice that is reproduced and reinforced by tribunals themselves. Understanding transnational public policy as an international practice ultimately illustrates the role of tribunals to reform international investment law.

Basic Principle of Public Understanding Guideline Concerning CCS

CCS는 온실가스를 대규모로 감축할 수 있는 유용한 기술로서 미국이나 캐나다 등 세계 주요 선진 국가들은 CCS의 상용화를 위한 전략을 수립하고 실행하고 있는 상황이며, CCS를 위한 관련 법령을 제 개정하여 제도적 기반을 이미 마련해 놓은 상태이다. 이를 고려할때 우리나라의 경우 우리의 실정에 맞는 CCS 법제도적 기반의 마련이 필요하고, CCS에 대한 일반국민의 이해도가 상당히 낮다는 점을 고려할 때 원활한 CCS 기술개발과 그 실행을 위해서는 관련 법적 기반마련과 함께, 다음과 같은 파급효과를 위해서 대국민 홍보 활동 등 대중소통이 적극적으로 진행되어야 할 것이다. 기후변화 및 환경적 측면에서 CCS 사업의 원활한 추진을 위해서는 일반국민의 인식 제고가 필요하고 CCS에 대한 적극적인 대국민 소통활동을 통해 환경과 기후변화 대응 방법에 대한 대국민 이해를 증진시킬 수 있다. 경제사회적 측면에서 차질 없는 원활한 CCS 프로젝트 추진을 통한 CCS 프로젝트 기간의 최적화로 프로젝트의 경제성을 증대시킬 수 있다. 과학기술적 측면에서 기후변화 대응을 위한 과학기술에 대한 국민의 올바른 이해는 CCS 기술개발을 촉진할 수 있는 여론기반이 될 수 있다. 이러한 점을 염두에 두고 본 논문에서는 제2장에서 대중소통 가이드라인의 개요와 제정원칙, 제3장에서 대중소통을 위한 기본원칙, 제4장에서 대중소통을 위한 주요 고려 사항 및 CCS에 대한 대국민 인식도 조사를 살펴본 후 결론을 도출하였다.Carbon dioxide Capture and Storage(CCS) is a large-scale reducing technique of Greenhouse Gas and major advanced countries such as USA and Canada etc. have made a strategy for commercialization of CCS and practiced it, into the bargain, prepared for legal framework for CCS by making new law or revising existing law on ccs. Considering the fact that Korea needs to prepare a proper legal basis for our situation and that the public understanding of CCS is very low, along with the relevant legal basis for the development of CCS technology and its implementation, In order to promote the CCS project smoothly in terms of climate change and environment, it is necessary to raise awareness among the general public and promote understanding of the environment and how to respond to climate change through active public communication activities. Optimizing the duration of the CCS project through the smooth implementation of the CCS project in terms of economic and social aspects can increase the economics of the project. From a scientific standpoint, a good public understanding of science and technology for responding to climate change could be the basis for public opinion to promote CCS technology development. With this in mind, we also looked at the outline of public understanding toward CCS and the principles of making public understanding in Chapter 2, the basic principles for public understanding in Chapter 3, the major considerations for public understanding and survey on public perception toward CCS in Chapter 4, and drew a conclusion in Chapter 5.