Public Principles Research Articles

ENVIRONMENTAL IMPACT ASSESMENT: THE ANALYSIS OF THE CHALLENGES CAUSED BY MARTIAL LAW

With the beginning of full-scale Russian aggression, social relations in our country underwent significant changes. This was caused by the destruction of social and industrial infrastructure, critical infrastructure facilities, and the established everyday life of the citizens. The Ukrainian state and its citizens faced unprecedented challenges. However, the unshakable desire of Ukrainians to withstand everything requires the state power as a tool for regulating societal relations, prompt decision-making and finding ways to overcome these challenges. Ukrainians had to respond to the threats and challenges caused by the war in various fields, including within the competence of the Ministry of Environmental Protection and Natural Resources of Ukraine, in particular, in the area of environmental impact assessment.
 Environmental impact assessment (EIA) is a mechanism for ensuring eco-safety, which aims to prevent the establishment of environmentally hazardous economic objects by analyzing the project documentation of the planned activity. The EIA procedure involves a certain level of phasing, which is ensured by the use of the Unified Register of Environmental Impact Assessment automated information system. This system, in turn, enables the interaction of concerned members of the public, state authorities and business entities in a digital format. With the military operations and the intentional destruction of Ukrainian energy infrastructure objects by the aggressor, the execution of EIA proved to be an extremely difficult task. The complexity of carrying out the EIA is also caused by the need to act within the limits of the Ukrainian law on Environmental Impact Assessment. Therefore, it is relevant to analyze the steps taken by the relevant ministry to comply with the legislation, the principles of the implementation of the EIA, and the realization of the citizens' right to access information about the natural environment.
 The environmental impact assessment procedure stipulated by Ukrainian law on environmental impact assessment is a tool that allows the public, state authorities, local government bodies and business entities to jointly make decisions that would meet the conceptual principles of sustainable development by preventing the implementation of ecologically unacceptable and environmentally harmful projects. The practical significance of the environmental impact assessment is determined by the full consideration of the consequences for the environment and human well-being from the planned activity and the development of measures aimed at preventing and eliminating a significant negative impact on the environment. Moreover, the Russian military actions are accompanied by numerous environmental crimes and environmental losses, caused by the destruction of landscapes, air pollution, soil degradation, and pollution of water bodies. Therefore, even under the conditions of martial law, the execution of an EIA should take place properly, taking into account the need to secure data that appears during the procedure and compliance with the basic principles of publicity, transparency and state regulation. All three of these principles, since the beginning of the full-scale aggression, were partially violated for objective reasons. Despite this, the real work of the Ministry of Environmental Protection and Natural Resources, whose experts have established the operation of the Unified Register for Environmental Impact Assessment automated information system, which made the implementation of the Environmental Impact Assessment possible, remains worthy of recognition. It remains fundamentally important for citizens to exercise their right to access environmental information when making decisions regarding the implementation of planned activities, which was not possible for several months after the beginning of the war. It was possible to partially overcome this problem by opening the Unified Register for Environmental Impact Assessment. The proposed research results specify the aspects of environmental impact assessment under martial law conditions, which is especially relevant for specialists, business entities, and concerned members of the public, considering the environmental threats provoked by military actions.
 Key words: environmental impact assessment, planned activity, subject of management, public discussion, martial law.

European principles of integrated reporting of socially responsible business

Implementation of the European principles of accountability, publicity and transparency of business, corporate reporting regulations and social responsibility practices in Ukraine is important for the dissemination of European values in the business environment, realization of the progressive impact of corporate social responsibility on sustainable development of so­ciety, strengthening of European integration processes, expansion of the business worldview and integrated thinking. The purpose of the article is to highlight the principles and prac­tices of integrated reporting of socially respon­sible business in the EU for their implementation in Ukraine. The research methodology is based on a systematic approach, comparative analysis, analogy, synthesis, induction and deduction, and assessment of corporate social responsibility reporting practices and principles. The analysis of key international standards, frameworks, and guidelines allowed us to identify a significant list of principles and requirements for corporate social responsibility disclosure. The difference in the recognition of principles in different regulatory and guiding documents depends on the emphasis, focus and attention to certain aspects of information disclosure. The most com­mon principles in international practice are materiality, completeness, stakeholder engage­ment, comparability, timeliness, neutrality, cla­rity, reliability, and consistency. At the same time, other principles that differ in different standards do not contradict but complement each other. Therefore, in practice, European companies are guided by several standards simultaneously when disclosing information on social responsi­bility and their own initiatives. Due to reporting requirements, European companies are actively implementing the principles of social responsi­bility. Implementation of the European princip­les and practices of integrated reporting in Ukraine will ensure transparency, openness of business, increase the level of trust, visibility and market reward for corporate social respon­sibility.

Consumers’ Paying Intent for Public Service Media in Spain: The Effect of RTVE Service Quality, Citizens’ Expenditure, and the Moderating Role of Age

ABSTRACT Due to significant transformations in citizens’ news consumption habits and the arrival of on-demand multi-platform services, today’s public service media (PSM) face substantial challenges to endure their core public principles. Moreover, PSMs’ need and legitimacy are being questioned from both a liberal and a populist standpoint, opening up discussions about its sustainability. However, little academic attention has been paid to citizens’ paying intent in the context of PSM. To mend this gap in the literature, this study examines expenditure on news and entertainment services and Spain’s public television (RTVE) service quality as two potential direct predictors of paying intent for public service media, as well as the moderating role of citizens’ age. Findings indicate that higher expenditure on news and entertainment services is associated with lower paying intent for public service media, while higher perceptions of RTVE service quality positively influence paying intent. Finally, challenging prior literature, our findings revealed that the younger generations are the most likely to economically support PSM at all levels of RTVE service quality. This study emphasizes the need for PSMs to reinforce their quality offer and uniqueness and theorizes about different ways to achieve this goal in today’s multi-platform environment.

Suara Perlawanan: Bagaimana Mahasiswa Menggunakan Pembangkangan Sipil pada Unjuk Rasa Tolak Kenaikan BBM di Indonesia

This research aims to analyze the forms of disobedience that occurred in protests against increased fuel prices in September 2022. The study uses qualitative methods such as interviews, news analysis, and literature review to understand how civil disobedience was used by students as a form of political activism. Findings show that the students employed tactics such as road blockades, gas station boycotts, and tanker/truck takeovers as forms of disobedience. These actions align with the principles of prudence, communication, publicity, and non-violence in the theory of civil disobedience. The study concludes that despite the use of civil disobedience, the protests did not lead to policy reform and highlights the need for strong leadership, support, and determination for success in a protest.

Asas Publisitas Perjanjian Perkawinan (Post Nuptial Agreement): Konsep kepastian dan perlindungan hukum bagi pihak ketiga

The marriage agreement after the Constitutional Court Decision Number 69/PUU/XII/2015 has a slight difference from the initial concept regarding the marriage agreement. The pre-nuptial agreement which was later extended to the post-nuptial agreement basically had several issues, especially regarding the publicity of the marriage agreement. The enforceability of a post-nuptial agreement in certain conditions may create uncertainty for third parties regarding the husband and wife's assets. Based on these legal issues, this research aim to find out the formulation of the principle of publicity in the arrangement of the marriage agreement during the marriage (Post Nuptial Agreement) so that it can have binding power to provide legal protection for third parties. This study uses a normative juridical method, which is a process to find and study doctrines, principles and legal rules as an effort to answer the legal issues under study. There are five approaches used, including: a statutory approach (statute approach) by reviewing the Burgerlijk Wetboek, the Law on Marriage and its amendments, the Law on the Position of Notary Public and its amendments and related implementing regulations; conceptual approach (conceptual approach), namely exploring various expert opinions regarding the concept of agreement, the concept of marriage, the principles of marriage law, the concept of marriage agreements, the theory of legal protection, the theory of justice, the principle of balance, the principle of freedom of contract to the position of a third party in the agreement; historical approach (historical recht approach) aims to study the history of the enactment of laws and regulations that have been in force, especially those relating to marriage agreements, in addition to reviewing the treatise on the formation and legal politics regarding the Marriage Law and treatises on marriage agreements in effect in Indonesia; case approach, namely Constitutional Court Decision Number 69/PUU-XIII/2015 and Supreme Court Decision Number 598 PK/Pdt/2016; comparative approach, namely the Netherlands, the United States and Australia.
 KEYWORDS: Marriage Agreement, Principle of Publicity, Third Parties

Особенности цифровизации нотариальной деятельности в России и США: сравнительный аспект

The article presents a comparative study of the features of digitalization of notarial activity in Russia and the USA. Reference to successful practices of digitalization of notaries abroad on the example of the USA allowed the authors to identify significant differences in the results of digitalization of notarial activity in Russia and the USA and to conceptualize these differences. Comparative aspects were the peculiarities of the forms of digital notarial activity in both states, including the terms denoting them, as well as the differences between the digital resources used by notaries in Russia and the USA. Two fundamental differences between American and Russian practices were conceptually singled out, indicating a certain decentralization of notarial activities and the notarial community: 1) notaries in the US are empowered to provide remote notarial services only after receiving a special permit issued by a state authority; 2) US notaries use numerous digital resources unlike the Russian Unified Notarial Information System (UIS), which is the only centralized system for notarial services. The authors conclude that despite the general decentralization effect of the U.S. notarial activity there is still great dynamism of service provision, actualization of the notary public principle and integration of notarial subjects in the new digital space. According to the authors, the revealed differences of digital adaptation of notarial activity in Russia and the U.S. are due to objective political and economic reasons; however, in both jurisdictions digitalization promotes unification of notarial practices.

The people of West Nottinghamshire and the English Revolution

ABSTRACT Contrary to the recent tendency to obscure the English Revolution behind a nebulous ‘British’ dimension, we reassert the convention that the central issue related essentially to England. No causative part could be played by Ireland, since it lacked a central government, and was dominated by English colonists. Scotland’s priority was to extend the influence of the Kirk, tending towards a theocratic polity. England, by contrast, was becoming a fully politicised nation-state, and this was the context pf parliament’s challenge to the crown. The most obvious causes were distinctively English in character and contained within a unifying trend. We see how these emerging patterns of unity applied in the parliamentary stronghold of West Nottinghamshire. This is reflected in the uniquely coordinated economic and political structures through which the practical imperatives of parliamentarians were formed, and in the specific statements of motivation and public principle made by activists.

Publicidad, transparencia y apertura en la Administración Pública

This work addresses the republican principle of publicity and its constitutional corollaries within administrative activity, in light of the recent Access to Information Law and constitutional guidelines. For the smooth functioning of an open society, all state space is subject to the light of transparency. The concept that transparency in Public Administration is essential for it to function more responsibly and effectively is gaining increasing importance in the theory of administrative law.

CONSTITUTIONAL GUARANTEES CONNECTED TO THE RIGHTS OF LITIGANTS DURING THE ELECTRONIC TRIAL: AN ANALYTICAL STUDY OF THE JORDANIAN CONSTITUTION AND LEGISLATION

Electronic trial (e-trial) is currently regarded as one of the most important steps adopted by countries. The Jordanian legislator has issued many laws and legislations that incarnate and reinforce this approach. The present study endeavored to explain the concept of e-trialand the extent of its compatibility with the constitutional principles that guarantee the rights of defenseto present evidentiary requirements whether those connected to granting litigants the right to provide evidence that helps prove or refute this right, as well as enshrine the principle of publicity, which allows anyone to view the course of the trial. As a result, the Jordanian legislator was keen to provide the requirements of e-trial due to its distinctive features that make it an urgent necessity, especially since the ultimate objective of the electronic judiciary (e-judiciary)does not differ from the traditional court, which aims to grant everyone his due.

Habitus as a subject matrix of a social game

The vital functions of modern human take place in the conditions of postmodern influence of informative society. On a gamification background of social processes, to availability of the impressions of various orientation and highly emotional force, wide variantness of social reference-points a brindle and obtrusive repetition of influences become the main signs of such influence. It results in supersaturating of cultural space different social models, roles and standards. Also actualize probability of human ecological destabilization, imposing artificial role models, human motive to the inheritance of erroneous social standards. A loss can become the result of it by the human of identity, development of depersonalization, panopticonization of social practices, distortion of democratic public principles. At the same time of practice, which are based on the role models of co-operative vital functions, show the public benefit and stipulate human existential success. Such success is determined by quality of mastering and translation by the subject of the role models purchased during life – standards of interaction, which have game genesis, game organization and maintenance. In the conditions of social game a habitus is formed and develops is fundamental mental individual education which comes forward as a 1) universal, matrix, general psychodynamic structure of subject, 2) psychological basis of individual, productive investigation of socialization, interiorization of social roles, referential role models, 3) subject matrix of social game as a public dynamics and vital co-operation 4) model which does possible the analysis of the internal world of individual, human activity and behavior, 5) main attributive systems genesis component of personality and social dynamics of human. A habitus of subject from a moment his birth constantly is in the center of general architecture and activity of the functional system of human. During subjects life a habitus is a primary and central integral systems genesis component, universal acceptor of action of human. A habitus in all situations is perfected and strengthens the programmatic influence and participation. The genesis and development of the habitus takes place in accordance with the fundamental structure and cycle of the game Situation/Role-game motivation/Role-game action/Post-reflection – a matrix suitable for ontogenetic branching in all existential situations of a person. The general psychological meaning and significance of habitus is that this concept is able to become a dynamic center, the center that sets the direction and rhythm of the subject’apos;s life, manages his socialization and development.

Article „Multifaceted Challenges to Democracy - Lobbying and Current Trends of its Legal Regulation“

Lobbying has become an important accompanying event of the political system of modern democratic countries, playing a significant role in representing and protecting the interests of individual members of society before the governmental bodies. It is believed that the mentioned mechanism is becoming more and more important in terms of quick and effective communication of society members with the government. However, the various attitudes towards lobbying and in some cases, its association with negative events creates significant challenges regarding its legal functioning in a modern democracy. Taking into account the increased involvement of lobbying in decision-making and political processes, it is an important task of democratic states to bring it into the legal regulations and to implement it within the framework of the law. Precisely, appropriate legal mechanisms should ensure the maintaining of balance, which on the one hand will facilitate the functioning of the abovementioned mechanism of expressing and representing the interests of society members and on the other hand, ensure the protection of public interests in the decision-making process and the conduct of such a process based on the principle of publicity, it will also make the persons performing similar activities properly accountable. Although a number of countries (for example, the United States of America) started thinking about the legal regulation of lobbying in the 30s of the last century, however, the first and second decades of the 21st century turned out to be quite important in terms of the legal regulation of lobbying, when about 30 countries adopted relevant legal acts on the regulation of lobbying, thus these countries legally recognized the implementation of similar activities and determined the possibility of conducting them within the framework of the law. The presented article deals with the review of the experience of the legal regulation of lobbying in foreign countries, in which the legislative acts adopted in certain countries (France, Great Britain, Germany, Austria, Canada, Taiwan and others) in the recent period regarding the legal regulation of lobbying have been analyzed, the goals, tasks, principles of legal regulation of lobbying, essential features of legislative acts regulating lobbying activity, issues related to the publicity and accountability of lobbying activity, as well as the transformation that the legal regulation of the mentioned event has experienced during the last decade, have been reviewed. The essential aspects related to the legal functioning of lobbying as a legal event in the respective countries have been presented.

Dichotomy and Convergence of the Public and the Private in Legal Personality of an Autonomous Institution

Theoretical ideas about the balance between private law and public law in the activities of autonomous institutions today are not obvious, which often generates biased scientific judgments on many relevant issues. In the doctrine, the issue concerning the search for the optimal balance between public and private legal aspects and their correlation in relation to autonomous institutions has not actually been raised and has not been resolved. The ability to independently provide property for their current activities through participation in civil law relations, as a rule, is studied separately from the norms of public law, creating an unmistakable scientific idea of the exclusively civilistic content of the normative rules that determine the legal personality of autonomous institutions. The author addresses the problem of dualism in determining their status, making a theoretical attempt to coordinate public and private law in this area.In the course of the study, the author demonstrates systemic interweaving of private and public principles when analyzing the status of autonomous institutions. At the same time, there is a lack of well-established theoretical guidelines for the study of relations in which the analyzed entities participate. This, according to the author, is the main reason for the negative nature of scientific research in recent years devoted to the study of such a subject of legal relations.At the same time, realizing that the purpose of any research is to detect advanced and progressive problems, the author sees it necessary to take into account the dichotomy and convergence of the provisions of public and private law in the subsequent analysis and study of such a subject of legal relations as an autonomous institution.

The Results of the Police Reform: An «Inside View»

The paper presents the results of a study of the most important changes in the activities of the Department of Internal Affairs (Police Service) after the 2011 reform. The success of the implementation of the principles of openness and publicity of police activities, building trust between the police and society, improving the image of the Department of Internal Affairs is characterized, the intensification of information and propaganda work is noted. The opinion of police officers on the prevalence of illegal and illegal behavior among employees is analyzed. Noting the downward trend in the facts of such behavior, among its determinants, the author names more active detection of violations of official discipline and offenses. An important advantage of modern police activity is the introduction and development of electronic document management, improvement of the regulatory framework, tightening control over budget spending. An increase in the level of education of police officers is also recognized as a positive trend, but the active introduction of distance learning significantly reduces its quality. The system of medical and pension provision for employees of internal affairs bodies remains satisfactory. Among the main problems that reduce the effectiveness of the professional activities of police officers are excessive document flow, imperfection of legislation, weak material and technical base, poor interaction of departments and services among themselves, insufficient number of employees and their heavy workload. The latter, according to the employees of the internal affairs bodies, is the most serious factor, which is expressed in the inconsistency of the official load with the established norms, in the performance of official duties during the vacation period, in the unjustified distribution of official duties. The solution of the problems of organizing and carrying out the professional activities of police officers indicated in the paper is necessary for effective crime prevention and increasing the authority of the police in society.

Prosecutor’s Protection of Public Interest in Education: A Civil Procedure Aspect

The paper deals with the issues of the prosecutor’s protection of public interest related to educational legal relations and (or) their individual elements. The dualism of private and public principles in the legal regulation of educational relations generates a number of problems in terms of protection of these rights. The issues are poorly researched in the science, but in practice they are very relevant. The problems under discussion are considered by the author on the example of civil cases initiated by the prosecutor: actions for nullity of documents on education and qualifications; actions in defense of the interests of educational organizations (directly or indirectly); actions in defense of an indefinite number of students. It is concluded that it is necessary to endow a specialized executive authority with the right to bring an action for nullity of an educational document and that it is possible to consider the issue of nullity of educational documents in administrative proceedings.

Perlindungan Hukum terhadap Pembeli Lelang Eksekusi PUPN dalam Hal Objek Lelang Tanah Kabur

Banks are one of the most important financial institutions and have a large role in the economic life of society, considering that banks are one of the people's choices that can provide credit facilities. Problems in the field are increasingly complex with various sources of data used as a reference to find answers from the processes carried out by researchers so that this problem approach method is a sub-method to be able to solve a problem. The auction principles based on the auction regulations include the principle of publicity, the principle of competition, the principle of certainty, the principle of accountability, the principle of efficiency, the principle of balance and the principle of justice in the land auction object, even though there is a certificate of title. on valid Land and SKPT, one of the principles that has not been implemented except for the principle of certainty because it does not involve BPN in taking care of the existence of the object prior to auctioning to find out the location of the land. As a result, one of the principles has an impact on the implementation of the auction principle, namely the principle of accountability and the principle of justice, which is not realized

Perlindungan Hukum terhadap Pembeli Lelang Eksekusi PUPN dalam Hal Objek Lelang Tanah Kabur

Banks are one of the most important financial institutions and have a large role in the economic life of society, considering that banks are one of the people's choices that can provide credit facilities. Problems in the field are increasingly complex with various sources of data used as a reference to find answers from the processes carried out by researchers so that this problem approach method is a sub-method to be able to solve a problem. The auction principles based on the auction regulations include the principle of publicity, the principle of competition, the principle of certainty, the principle of accountability, the principle of efficiency, the principle of balance and the principle of justice in the land auction object, even though there is a certificate of title. on valid Land and SKPT, one of the principles that has not been implemented except for the principle of certainty because it does not involve BPN in taking care of the existence of the object prior to auctioning to find out the location of the land. As a result, one of the principles has an impact on the implementation of the auction principle, namely the principle of accountability and the principle of justice, which is not realized

Pledge of “Corporate Rights”: On the Way to Balanced Regulation (finale)

The article analyzes the main features of the Russian model of pledging shares in a corporation, in particular, special attention is paid to the issues of the exercise of shareholder’s rights by the pledgee and the determination of his status in relation to a legal entity. The author comes to the conclusion that 1) the Russian pledge of shares in the corporation should not allow the pledgee to exercise shareholder’s rights as a third party in relation to the corporation; 2) the pledgee exercising the shareholder’s rights of the pledgor becomes a material participant in the corporation and begins to be in a corporate legal relationship; 3) the current Russian regulation of the pledge of “corporate rights” significantly violates the principle of publicity of the pledge. Keywords: pledge of shareholder’s rights; pledge of the rights of participants of legal entities; pledge of shares in a corporation; pledge of shares in an LLC; principle of prohibition of separation; inalienable rights of a participant; sovereignty of a corporation; material participant of a corporation; division of membership; membership rights; principle of publicity of pledge.

Сравнительный анализ этических положений отечественных и зарубежных кодексов, регламентирующих деятельность психолога-консультанта в социальных сетях

The article presents a comparative analysis of the ethical provisions governing the activities of a consultant psychologist on social networks. The analysis was carried out on the basis of the content of the principle of publicity of eight ethical codes of Russian professional associations of psychologists, psychologists-consultants and psychotherapists. It was concluded that these ethical provisions are duplicated in most cases, and also regulate the public behavior of a specialist in general, suggesting activities on social networks, but not specifying it. A review of methodological recommendations on the use of social networks by foreign psychological communities is provided, where this type of activity is distinguished as a separate principle or position, and additional methodological recommendations have been developed in some countries. The review is based on the example of professional associations of the USA, Great Britain and Canada. It is indicated on the need to strengthen the educational component in the field of consulting ethics, the formation of effectively working professional associations, their response and supervision of complex cases, informing clients about the informed choice of a specialist.

On strengthening public principles in the legal regulation of entrepreneurship

The article considers entrepreneurial activity as the component of the foundations of the economic system of Russian Federation, as a multidimensional economic and legal concept. The legal regulation of entrepreneurship is of a diversified nature, in which civil legislation is of system-forming importance. It is proposed in the article to strengthen public principles in regulating the goals of the activities of commercial organizations, the inclusion of small and medium-sized businesses in the general outline of civil legal regulation, determining the place and role of the obligation associated with the implementation of entrepreneurial activity in relation to the transaction and the contract.

PRINCIPLES OF TRANSPARENCY, OPENNESS AND PUBLICITY IN THE ACTIVITIES OF NON-GOVERNMENTAL ORGANIZATIONS

ANNOTATION: Introduction. The article is devoted to the study of the legal regulation of the principles of transparency, openness and publicity in the activities of non-governmental organizations. The author focuses on the problems of this issue in Ukraine in the context of European integration. The purpose of the study is to reveal the peculiarities and identify the problematic issues of legislative consolidation of the above principles. Such methods of scientific research as logical-semantic, formal-legal, system-structural, comparative-legal, etc. were used to solve the set goals and tasks. Summary of the main research results. European standards on the principles of transparency, openness and publicity in the activities of non-governmental organizations are considered. Some international acts that establish and disclose the above principles are analyzed. Attention is focused on the Ukrainian legislation which enshrines the principles of transparency, openness and publicity in the activities of certain non-governmental organizations: public associations, employers' unions, trade unions, political parties, etc. Conclusions. The author emphasizes the existence a problem with the legal regulation of the principles of transparency, openness and publicity regarding the activities of certain types of non-governmental organizations, which should be resolved by amending the current legislation of Ukraine.