Public Law Regulation Research Articles

Determination of the Industry Nature of Public Law Regulations Governing Banking as a Basis for Resolution of Practical Conflicts

The article touches on both general theoretical and practical issues of the importance of determining the sectoral affiliation of legal norms for resolving emerging legal conflicts. As an example, the author explores the problem of interaction between Article 74 of the Law on the Bank of Russia and Articles 15.26, 15.27 of the Administrative Code of the Russian Federation, which often leads to arbitrariness on the part of the Mega-Regulator. Attention is drawn to the manifestation of distortions in the principle of independence of the Bank of Russia in the form of a 20-year confrontation with court decisions on disputes on bringing credit institutions to responsibility. The resolution of contradictions between legal norms is proposed to be carried out on the basis of the constitutionally enshrined principle of legal equality, the guarantee of which is the codification of provisions on public liability. The correlation of financial and administrative law in the regulation of banking activity is analyzed and the absence of any features for the assertion of the existence of financial and legal responsibility is revealed. The author comes to the conclusion that it is necessary to exclude compositions providing for administrative liability for violation of banking legislation from any legislative acts, except the Administrative Code of the Russian Federation, in order to ensure consistent and predictable legal regulation.

드론의 전 생애주기를 반영한 독립 법제 제정의 필요성

It is no exaggeration to say that drones are the leader of the Fourth Industrial Revolution, and the whole world is paying attention to fostering the drone industry. Since drones reflect the verification of state-of-the-art technology and the improved emotional culture of humans, Korea's drone law is currently focusing on the use of drones, industrial development, fostering, and promotion, so it is necessary to strengthen regulations on risks and side effects from the expansion of the drone industry. Korea deals with regulations on the production, ownership, and operation of drones, focusing on the Aviation Safety Act, which is largely applied differently depending on weight and business status. Unlike Korea, aviation-related laws such as drone reporting, pilot certification, flight airspace, and pilot compliance are organized into separate chapters or enacted separate laws in major advanced aviation countries, while Korea's drone-related laws are scattered in many related laws, so there are many problems in practical application. Most basically, even the terms established in the law are not unified in practice, the standards presented in practice are not reflected in the law, and accordingly, there is a gap between laws and practice in safety management standards and operation. The Ministry of Land, Infrastructure and Transport has come up with measures to strengthen some regulations to improve the safety of drones, but the problem is that legislative omission and simple formal regulations are being made due to inadequate regulations on aircraft declaration, safety certification and flight approval, and pilot certification systems and excessive deregulation. In addition, public law regulation is urgent in that there is no control means for drones in operation, there are limitations in cracking down on drones in illegal flight, and there is no instructions for the disposal of drones that have been operated. Therefore, in this study, the existing laws and regulations focusing on the stages of the drone's entire life cycle, it is applied at each stage are combined to improve measures such as supplementing legislative inadequacies, for example, clarification of drone definition, legislation of liability insurance, strengthening safety security regulations, practical drone crackdown and production requirements, drone disposal, etc. and to make it easier for the people subject to the law to understand, I will propose a direction to preemptively prepare legislation that deals only with drones to improve the current drone-related legislation, which is stipulated in conjunction with existing aircraft, to form a separate chapter in the Aviation Safety Act, or to enact a new individual law, considering the infinite growth potential of the drone industry and its influence on society.

Defining Provisions in the Mechanism of Public Law Regulation

The article outlines the essence and purpose of norms-definitions (legal definitions) as special legal and technical means that underlie industry regulation. The distinctive features of legal definitions are indicated (the function of clarifying the basic concepts in the industry, the focus on the uniform application of norms and rules of conduct); a mandatory property of definitions is the connection with constitutional norms (clarification of constitutional terms and provisions for the purpose of sectoral regulation), which is due to the supreme legal force of the Basic Law. The main rules for the inclusion of new norms-definitions in the text of a normative legal act are identified, which allow avoiding tautology and «superfluous» definitions that have no practical application and system-forming significance. From the point of view of a systematic analysis of the meaning of norms-definitions for public law regulation, the inclusion of the concept of «a unified system of public authority» in the Federal Law «On the State Council of the Russian Federation» is criticized.

BREAKING THE GLASS CEILING: IN SEARCH OF THE ROLE OF EUROPEAN COMPANY LAW FOR WOMEN’S EMPOWERMENT

Women empowerment agenda plays a crucial law in a global legal debate. Despite years of struggle and undeniable success in several fields, women remain vastly underrepresented in the workforce and business leadership. The areas traditionally associated with gender equality are located within the public law regulations, with the core of labor and social security law. At the same time, it seems that some useful tools can be also provided by private law. Therefore, in the thought of a multi-faced, comprehensive approach, it is worth evaluating the actual and potential law of the European company law regulations. The aim of the article is to present the current legal and research state-of-play, mark the research gaps and formulate hypotheses as to the possible developments in this regard.

Freedom of profession and protection of private property in the decisions of the Federal Constitutional Court of Germany

In this article, on the example of the decision of the Federal Constitutional Court of Germany, the correlation between the freedom of profession and the constitutional guarantee of private property in Germany will be considered. As an example, one of the early cases of the Federal Constitutional Court of Germany called “District Chimney Sweeper”, which was decided on April 30, 1952, is taken. In this case, the Federal Constitutional Court of Germany came to the conclusion that the “enterprise” of a chimney sweep is a craft in which the private law aspects of economic life completely fade into the background, and in which moments of strict public law regulation certainly dominate. This circumstance does not allow us to bring the concept of “guaranteed right to engage in a craft” under “property” in the sense of Article 14 of the German Basic Law of 1949.

Mass media in the electoral process: the role in ensuring transparency and the problems of public law regulation

Mass media in the electoral process: the role in ensuring transparency and the problems of public law regulation

SELF-REGULATION IN THE HOUSING LEGAL REGULATION MECHANISM

The purpose of the research. The increased concern in the research community to various problems of the mechanism of legal regulation, taking into account the sectoral characteristics has predetermined the need to identify its specificity in relation to the housing sector and to clarify the role of self-regulation as an independent use by participants of law enforcement activities in the field of housing system of private law means of implementation of their housing rights. The article considers the correlation between self-regulation and the most significant elements of the mechanism of legal regulation of housing relations, it also traces the dynamics of their interaction and identifies sector-specific features of self-regulation in relation to the housing sector. The purpose of the study is to identify the specific features of self-regulation in the housing sector and to determine its role in the mechanism of legal regulation of housing relations. Results. The author concludes that the complex nature of the legal regulation of housing relations, which combines elements of both private law and public law regulation, arises from the heterogeneous nature of housing relations themselves. Differentiation of legal regulation of housing relations is based on differences in methods, ways and techniques of legal impact on relations in the housing sector, which ultimately determines the peculiarities of the mechanism of their legal regulation. The central role in the system of civil law legal means of regulating that part of housing relations, which are by their legal nature civil law relations, belongs to such key civil law instruments as civil law contract, legal entity, decisions of meetings. The discretionary nature of civil law regulation of housing relations gives its participants the possibility of choosing their own legal ways and means of satisfying their private interests, and therefore the possibility of self-regulation. Self-regulation in the mechanism of legal regulation of housing relations is the use of legal means directly by the participants of the relations regulated by housing law to structure their own behaviour, independent determination of their rights and duties within the law. Self-regulation in the housing sphere is closely interconnected with such elements of the mechanism of legal regulation of housing relations as norms and legal relations. The normative foundation of self-regulation in the housing sphere is primarily of dispositive norms. The significance of dispositive rules in the regulatory impact of housing law on the housing relations that constitute its subject matter lies in enabling the parties to exercise rights and fulfil duties in accordance with an individual pattern of behaviour agreed upon in the process of self-regulation. The most important legal means by which self-regulation is achieved is the category of «discretion», which gives subjects of housing legal relations the possibility of free choice of the optimum way of exercising subjective housing rights. The legal ground for self-regulation in the housing sector is provided by the norms-principles enshrined in the housing legislation - the principle of legal equality and the principle of economic freedom, the content of which is differentiated depending on the subject composition of enforcement. Self-regulation in the field of housing has sectoral specificity determined by the peculiarities of the subject composition of the regulated relations and the object about which these relations are formed. The diversity of housing rights and the particularities of their exercise imply a wide range of subjects exercising their rights, thus requiring a constant balancing act not only between private and public interests, but also between the set of private interests themselves. In this context, the limits to the exercise of housing rights, which have a significant impact on self-regulation, are of particular importance. The exercise of certain housing rights by virtue of the requirements of housing legislation is subject to the need for getting the approval or authorisation. The peculiarity of self-regulation in housing sector is also the fact that for the emergence of most legal relations, in which housing rights and duties are implemented, self-regulation alone is not enough, but individual-contractual regulation is required, which, compared to other types of legal regulation, is more dependent on the will of the subjects of contractual obligation, optimization of interaction between the subjects is achieved through self-regulation. The use of the contractual form of regulation makes it possible to coordinate the multiple interests of the participants in housing relationships.

Regeneration of non-chimeric plants from DNA-free edited grapevine protoplasts.

The application of New Breeding Techniques (NBTs) in Vitis vinifera is highly desirable to introduce valuable traits while preserving the genotype of the elite cultivars. However, a broad application of NBTs through standard DNA-based transformation is poorly accepted by public opinion and law regulations in Europe and other countries due to the stable integration of exogenous DNA, which leads to transgenic plants possibly affected by chimerism. A single-cell based approach, coupled with a DNA-free transfection of the CRISPR/Cas editing machinery, constitutes a powerful tool to overcome these problems and maintain the original genetic make-up in the whole organism. We here describe a successful single-cell based, DNA-free methodology to obtain edited grapevine plants, regenerated from protoplasts isolated from embryogenic callus of two table grapevine varieties (V. vinifera cv. Crimson seedless and Sugraone). The regenerated, non-chimeric plants were edited on the downy- and powdery-mildew susceptibility genes, VviDMR6 and VviMlo6 respectively, either as single or double mutants.

ABANDONMENT OF A THING: THE LEGAL CONSTRUCTION AND THE POSSIBILITY TO EXERCISE THIS RIGHT IN POLISH LAW

The article is intended to show, using the examples from Polish law, how strongly the owner’s right to abandon a thing is limited. First of all, the legal structure of the abandonment and its current, very universal legal form are presented. Next, some categories of things that cannot be abandoned in Polish law are distinguished, and further examples of relevant private and public law regulations are provided. Finally, the conclusion is drawn that, despite the granted right to abandon a thing, it is usually not problematic to abandon only completely safe things of low economic value.

Czynności pracowników artystycznych a preferencyjne koszty uzyskania przychodu. Glosa aprobująca do wyroku Naczelnego Sądu Administracyjnego z dnia 14 marca 2019 r. (II FSK 673/17, LEX nr 2665530)

The commentary discusses an issue which has so far given rise to many difficulties in interpretation. It concerns the assessment of the legal nature of a wide range of diverse activities performed by professional musicians under an employment relationship (e.g., participation in various types of rehearsals before a concert), both from the point of view of copyright law and tax regulations. The challenge of interpreting the notion of “artistic performance” in the context of the emerging divergences in interpretation was taken up by the Supreme Administrative Court in the judgment of 14 March 2019 (II FSK 673/17), which was reviewed. Undoubtedly, this is a decisive step in the right direction. Until now, it has repeatedly (unfortunately incorrectly) been assumed in the practice of applying the law that rehearsals or exercises of professional musicians cannot enjoy the attribute of “artisticity” and therefore do not qualify for copyright protection for related rights consisting in “artistic performance of a work”. The argumentation that such attempts are only a technical, repetitive reproduction of a musical notation, deprived of the value of the artist’s individual interpretation, should be regarded as unfounded. The aim of the research carried out in this commentary is to present the disputed normative area at the junction of copyright and tax regulations, in particular by referring to the interpretation difficulties arising in connection with decoding the meaning of the term “artistic performance of a work”. The above has not only an intra-system meaning (within the private law regulations), but also an extra-system meaning (within the public law regulations). In particular, this concerns the scope of correct application of tax preferences towards artists-musicians. The analysis of the course of narration of the cited ruling allows the formulation of de lege lata and de lege ferenda conclusions, which in turn may point the way towards stabilising the legal situation of taxpayers exercising the profession of musician. The article uses mainly the dogmatic-legal method and the auxiliary historical-legal method.

Compliance in The Judiciary: Practical Considerations on Compliance Programs Applied to Courts of Justice

The objective of this study is to present and discuss issues related to the implementation of compliance programs within the entities that comprise the Public Administration, particularly those within the Judiciary.
 Methodology: The methodology employed involves an analysis of compliance programs in courts of justice, divided into two specific approaches. Firstly, introductory concepts regarding compliance and its utilization within the Judiciary will be explored. Subsequently, practical parameters for developing these programs within courts of justice will be defined, linking them to the current public law regulations applicable to these entities. Additionally, the possibility of developing internal self-regulation structures will be considered, anticipating the potential establishment of integrity policies by courts of justice that will guide the activities of their staff and collaborators.
 Results: The analysis reveals the importance of implementing compliance programs within courts of justice to prevent and detect misconduct, promote transparency, and ensure adherence to legal and ethical standards. It identifies the challenges faced in adapting compliance practices from the private sector to the unique context of the judiciary. The study provides insights into risk assessment, the development of policies and procedures, training, monitoring, and enforcement mechanisms specifically tailored to courts of justice.
 Conclusions: The findings emphasize the need for courts of justice to establish comprehensive compliance programs that align with the principles of integrity and accountability. These programs can contribute to enhancing the public's trust in the judiciary and safeguarding the independence and impartiality of judicial processes. It is recommended that courts of justice develop internal mechanisms to ensure the effective implementation and continuous improvement of compliance programs, considering the specific characteristics and requirements of the judiciary.
 Overall, this study aims to provide practical guidance for the development and implementation of compliance programs in courts of justice, fostering a culture of compliance and integrity within the judicial system.

Trends in development of the beneficial ownership concept in Russian case law

Abstract As the concepts of trust and beneficial ownership are unknown in Russian civil law, legal practitioners frequently encounter difficulties while they try to recognise and enforce the rights of beneficial owners or their creditors. The study analyses the main approaches to understanding of beneficial ownership in the private law of the Russian Federation. It has been concluded that due to the lack of normative regulation, the concept of beneficial ownership is understood through the lens of public law regulations: tax as well as anti-money laundering and countering the financing of terrorism legislation in most court decisions. The author also suggests some solutions to resolve the issues.

Prospects for Public Law Regulation of cryptocurrencies circulation in the Russian Federation

Prospects for Public Law Regulation of cryptocurrencies circulation in the Russian Federation

Public law regulation of the system of medical biobanks: problem statement

Public law regulation of the system of medical biobanks: problem statement

Content characteristics and principles of public law regulation of the health of citizens in the Russian Federation

Content characteristics and principles of public law regulation of the health of citizens in the Russian Federation

The System of Public Authorities of the Russian Federation: Concept, Characteristics, Interaction

The entry into force of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation and the qualitative changes that were made to the text of the latter led to legislative activity. Laws were adopted, reflecting the changes made to the text of the Constitution, and containing new and / or little-studied terms, concepts, phenomena. Special attention of scientists and researchers was attracted by the Federal Law “On the State Council of the Russian Federation”, which came into force in December 2020, which for the first time legalized such terms as “public power”, “unified system of public power”, etc. The position is also of interest, expressed in the conclusion of the Constitutional Court of the Russian Federation dated March 16, 2020 No. 1-З in connection with the request of the President of the Russian Federation. It became necessary to give explanations and Author’s comments on the positive law of the country caused by these novelties. The term “public authority” is not a novelty for Russian legal science, but it has not been widely studied, and in connection with legislative changes it acquires new qualities, characteristics that need explanation and justification. The legislator provides an extensive definition of these terms. This makes it necessary to comprehend their essence, highlight the main elements of the public power system and demonstrate their political and legal ties, as well as the forms of interaction that take place in the public law regulation of relations between the subjects (elements) of a unified system of public power. Purpose: to investigate the essence of the concepts of “public power”, “unified system of public power”, to identify the characteristic features of the concept of “unified system of public power”. Among the main tasks: to show the political and legal ties and forms of interaction that arise between the subjects (elements) of a single system of public authority. Methods: logical, analytical, comparative legal, dialectical methods, allowing to reveal the essence, internal connections and the ratio of concepts enshrined in the federal law “On the State Council of the Russian Federation”, to reveal the features of a unified system of public authority. Results: state authorities are listed that correspond to the characteristics specified by the legislator, political and legal ties and forms of interaction that arise between the subjects (elements) of a unified system of public authority are identified, conclusions corresponding to the study are drawn.

Рeculiarities of legal regulation of tax authorities of public authorities in Ukraine.

The article reveals the features of the characteristics of public authorities as subjects of tax relations in Ukraine. It is emphasized that legal personality as a legal nature determines the elemental composition of the tax legal personality of the state and necessarily has three elements - its legal capacity, legal capacity and tort. The latter is a necessary component of the tax legal personality of the state. Taxpayers also have the right to demand from the state certain behavior and apply to the competent authorities (European Court of Human Rights) to apply to the state tax liability measures together with the renewal of their fundamental rights and legitimate interests guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms. The study identified the relationship between such concepts as «mechanism of the state» and «state apparatus». The consistent transition from the general to the individual allowed to reveal the internal organizational structure of the system of public authorities as holders of tax powers and to outline the various grounds for their classification. This made it possible to distinguish in this system groups of bodies (a) of general competence, (b) special competence with part of the functions in the field of taxation, (c) special tax competence. The special position of the Verkhovna Rada of Ukraine in the tax sphere is also emphasized and the general tendency to a gradual increase in the scope of tax powers of representative bodies of local self-government is revealed. A distinction was made from related concepts in the field of public law regulation - legal personality, subject matter, jurisdiction, management functions. The tax competence of public authorities becomes a specific manifestation of the category of «competence» as a public law phenomenon, being a mandatory attribute of the tax legal personality of public authorities. In terms of content, tax competence consists of a set of legally established powers of the power entity, which act as functional levers of its actions in the plane of the subject of jurisdiction entrusted to it by the state in accordance with the objectives of tax regulation in the field of taxation. The tax powers of public authorities under these conditions are the specific content of the tax competence of the latter.

Historical roots and current state of the “public - private law” issue in French legal doctrine

The Soviet legal system did not know the division of law into private and public, because communist ideology did not recognize anything private. The end of communist experiment and transition to legal state, social market economy and respect for human rights naturally led to the need to revive private law and to further develop it; therefore in Russian jurisprudence the issue of dividing the law into private and public has become relevant. The subject is the French legal doctrine on this issue; the study is carried out on the unpublished in Russia sources. The historical roots of the basic division of law and its significance for the French legal system are in the focus. Despite the absence of rigid boundaries in this division, the theory describing it is based on the real legal reality of the Romano-Germanic family of legal systems. This theory is not abstract theorizing; it is useful for practice because it aims to maintain a balance between public law and private law regulation. The issue of basic division of law in the case law system is discussed. A comparative study of the issue in the Russian legal doctrine is conducted. The author comes to the conclusion that human rights are the common part that unites public and private law, and therefore their unity is inextricable: the abrogation of private law, as the experience of building communism in Russia showed, inevitably leads to the destruction of human rights, and then to the transformation of public law into a pseudo-legal system.

Electronic interaction and digital technologies in corporate governance of a joint stock company in Russia

The article is devoted to key issues in the development of legal regulation of electronic forms of interaction between participants in corporate relations in Russia. The author consistently examines the development of legislation and the practice of its application since the mid-1990 s. until now. The impact of the emergency legislation created to counter the spread of coronavirus infection in 2020 is separately considered. The author analyzes in detail the materials of the Bank of Russia, various political attitudes. For the first time in special literature, the correlation of the development of electronic forms of interaction in private and public relations is shown. The main current legislative initiatives are considered. The purpose of the study is to formulate the main directions of the development of legal regulation, based on the analysis of the experience of the development of legislation, including regulating public relations. To implement this, the first part of the study (introduction) shows the traditional approach to corporate actions, evaluates its pros and cons; then the second part of the study shows the first attempts in the 2000 s. include elements of electronic interaction in regulations; then (in the third part) a radical change in the legislator’s approaches to regulation in 2010 is shown, estimates are given of the state of regulation for the period from late 2019 to early 2020 (before the start of the coronavirus pandemic); in the fourth part of the assessment of current draft laws, as well as the author’s proposals in terms of directions of regulation are formulated. Based on the results of the work done, the main conclusion was made about the need to expand the use of electronic forms of interaction for all legal entities, as well as the correlation of private law and public law regulation.

FEATURES OF CONFLICT-OF-LAWS REGULATION OF INTERNATIONAL WORK RELATIONS

The article provides a comprehensive legal study of the basic principles of conflict-oflaws and legal regulation of work, complicated by a foreign element. It is determined that work relations complicated by a foreign element include: work of local citizens with foreign employers outside their country; foreign business trips of citizens to work abroad; work at enterprises owned by foreign entrepreneurs on the territory of their state; work of foreigners in the host state. It is noted that conflict-of-laws issues in the field of work relations complicated by a foreign element arise due to the specifics of the national legislation of each of the countries and the inconsistency of private international law in this area. The article analyzes the peculiarities of work of foreigners in Austria, Brazil, Canada, China, Romania, USA, Tunisia, Hungary, Ukraine, France, Germany, Czech Republic, Sweden, Switzerland, Japan. Based on the analysis it is concluded that the working conditions of emigrants are regulated by Public Law Regulations, which are mandatory and less humane in their content than the general conditions established by the general labor legislation and collective agreements. Foreign workers are directly dependent on entrepreneurs due to threats of expulsion, language difficulties, lack of professional training and other reasons. It is characterized by free overtime work, non-provision of vacations and sick leave. The article describes the conflict-of-laws bindings, which regulate work relations complicated by a foreign element, namely: the law of the autonomous will of the parties, the law of the place of performing of work, the law of the location of the employer, the law of the place of conclusion of an employment contract, the principle of the employer's personal law, the law of citizenship (domicile), the law of the flag, the principle of the closest connection. The features of the operation of conflict-of-laws bindings regulating work relations complicated by a foreign element in countries of different legal families are considered