Regulations In Foreign Countries Research Articles

Институт завещания в праве зарубежных стран

In the article considers the institute of will and peculiarities of its legal regulation in foreign countries. The author analyzes the main current legislation in this area, the mechanism of implementation, conducts a comparative legal and historical analysis of the institute of will.

TURIZM XAVFSIZLIGINI TA’MINLOVCHI HUQUQIY HUJJATLAR TAHLILI VA TASNIFI

Ecology and environmental protection is an important task all over the world, especially in Uzbekistan. One of the most important issues of recent years is the attraction of private investment in solving the environmental problems of Uzbekistan. For this, the use of public-private partnership mechanisms is considered as the most promising tool in the world. In turn, the effective use of this institution in the field of environmental protection largely depends on the effectiveness of its legal regulation. At the same time, the current norms of the legislation of Uzbekistan do not yet meet this condition. Because there is no special rule governing public-private partnerships in the field of ecology. Also, the current legal documents contain norms that restrict the use for one reason or another for environmental purposes. To determine the optimal model of legal regulation of public-private partnership in the field of environmental protection in the Republic of Uzbekistan, it is first necessary to study the experience of such legal regulation in foreign countries. This article is devoted to the study of this issue. The article analyzes the opinions of scientists and the experience of foreign countries regarding the use of public-private partnerships in the field of ecology. Based on the results of the study, the author concluded that the use of public-private partnerships in this area will save the state budget, introduce an effective management system in the field, and improve the quality of services provided.

OʻZBEKISTON RESPUBLIKASI EKOLOGIYA SOHASIDAGI DAVLAT BOSHQARUVIDA DAVLAT-XUSUSIY SHERIKLIKNI QOʻLLASHNING AYRIM MASALALARI

Ecology and environmental protection is an important task all over the world, especially in Uzbekistan. One of the most important issues of recent years is the attraction of private investment in solving the environmental problems of Uzbekistan. For this, the use of public-private partnership mechanisms is considered as the most promising tool in the world. In turn, the effective use of this institution in the field of environmental protection largely depends on the effectiveness of its legal regulation. At the same time, the current norms of the legislation of Uzbekistan do not yet meet this condition. Because there is no special rule governing public-private partnerships in the field of ecology. Also, the current legal documents contain norms that restrict the use for one reason or another for environmental purposes. To determine the optimal model of legal regulation of public-private partnership in the field of environmental protection in the Republic of Uzbekistan, it is first necessary to study the experience of such legal regulation in foreign countries. This article is devoted to the study of this issue. The article analyzes the opinions of scientists and the experience of foreign countries regarding the use of public-private partnerships in the field of ecology. Based on the results of the study, the author concluded that the use of public-private partnerships in this area will save the state budget, introduce an effective management system in the field, and improve the quality of services provided.

The role of the state in the organization of tourism business: international and Ukrainian experience

The purpose of the study is to highlight the key factors that justify the need for state regulation of tourism, which in turn today has not only a local, but also a global impact on socio-economic processes in various countries of the world. In addition, the task is to generalize world experience regarding priority areas of activity in the field of tourism. The methodology is based on the fundamental provisions of economic theory, international economics, and management, which are used during the study of the factors of influence of international tourism on the development of countries. Such methods as methods of quantitative and qualitative comparison, correlation analysis, methods of observation, analysis and synthesis, evaluation, modeling were used. Scientific novely. In most countries, the multifaceted impact of tourism on the economy is regulated by a specially created central body of executive power. However,the level of state regulation of the tourism sphere is heterogeneous in different countries of the world and depends on the level of their economic development. This circumstance is the reason for the emergence of several basic models of state regulation in the field of tourism, based on the study of which it is possible to trace certain regularities in the organization of the tourism business. That is why it is important to analyze the experience of state regulation in foreign countries from the point of view of the possibility of its further adaptation to the domestic practice of organization, management and regulation of tourism in Ukraine. Conclusions. It was shown that the tourism policy of all the mentioned countries, regardless of the chosen model of state regulation, is aimed at strengthening the tourism economy and increasing the economic efficiency of this branch of the national economic complex. And the final positive result of such a policy largely depends on the effectiveness of management decisions and the authorities’ interest in their further implementation for the sustainable development of the tourism sector.

Personal data protection in Kazakhstan and the EU: Comparative-legal analysis

The rapid development of information technology, which penetrates all spheres of public life, has contributed to the emergence of new legal relations regarding per-sonal information protection. In the conditions of the information society for-mation, the right to inviolability of person's private life acquires a special value. The purpose of the study is to analyze the issues of the personal data protection legal regulation in foreign countries and to develop scientifically based proposals for the improvement and systematization of the regulatory framework of the Republic of Kazakhstan, ensuring personal data confidentiality. The methodological basis of the research constitutes general scientific methods (in particular, philosophical, dialectical, synergetic, inductive, deductive, analysis, synthesis, formalization, analogy, materialistic and empirical methods) in order to ensure the integrity and balance of the research. The legislation of the CIS member states in the field of personal data is not developing as dynamically as in Europe-an countries. The regulatory provisions analysis showed that in the Republic of Kazakhstan a number of aspects stipulated by European legislation are not ap-plied. Nowadays, in the legal regulation of the personal data circulation and pro-tection, various problems need resolving in order to guarantee the right to the citi-zens' personal data protection. Improving and amending the legislation of the Re-public of Kazakhstan in the field of personal data should place it on the leading states level.

Online Gambling Business Regulation in Foreign Countries and in Georgia

Organized activities or actions that involve an indefinite circle of persons, are characterized by an increased threat to human life or health, that covers particularly important state and public interests, or are related to the use of state resources, regulated by a license or permit. By considering of state or public interests, it is actually possible to reduce this risk by issuing a license or permit. Nowadays online gambling business require proper regulation by the State, as there is a danger that a significant part of monetary transactions will take place uncontrollably. The article will discuss the regulatory acts in the field of gambling business, will highlight the approaches of both the EU and individual states to the arrangement of online gambling. The proposals developed as a result of the analysis of the Georgian gambling business policy and successful international practices are important for the creation of relevant effective mechanisms in this field and further improvement of Georgian gambling business. Keywords: Regulation, Gambling Business, Online Gambling, License.

Legal regulation of quantum communications in Russia and in the world

The article analyzes the current state of legal regulation of quantum communications as one of the key varieties of quantum technologies. The analysis of the definitions of “quantum communications” available in the current legislation is carried out, their legal nature as a variety of information and digital technologies is determined. The legal concept of “quantum communications” is formulated. The current legislation in the field of quantum communications is analyzed. The main directions of legal regulation of quantum communications in Russia, the key problems that arise in this case are identified. The development of the Concept of regulatory legal regulation of the quantum communications industry in the Russian Federation is proposed. The analysis of the legal regulation of relations arising in connection with the use of quantum communications indicates a clear lack of methodological support for these processes, the absence of a unified approach to understanding what constitutes “quantum communications”, how it is necessary to develop Russian legislation to ensure the breakthrough introduction of quantum communications. An analysis of the regulation of the quantum communications industry in the world indicates that regulation at the level of strategies, concepts, road-maps and development programs is predominant in this process. An important mechanism of state regulation of the development of quantum communications is the state financing of support for projects in the field of quantum communications. The authors have identified several approaches that have developed abroad to the regulation of quantum technologies, including quantum communications, at the level of strategic regulation. The key promising issues in the field of quantum communications that have found legal regulation in foreign countries, which can be applied in Russia, are identified. The key measures of state support for the quantum communications industry, which should find regulatory reflection in the near future, are identified and systematized.

Models of mass media regulation: comparative analysis

This article examines the foreign models of regulation of the media industry aimed at protection of children from information that may harm their health and development. The author reviews the widespread approaches towards classification of the systems of mass media regulation, and the genesis of the corresponding scientific representations. Having compared the key provisions of these approaches, the author determines the universal factors and parameters of the systems of mass media regulation in foreign countries. Addressing the issues of children’s protection from harmful content and taking measures aimed at restriction of distribution of information, the article considers media regulation system as a social practice and vector of information policy. The conclusion is made on the key role of the traditional value orientations, perceptions of risks in relation to health and development of children, mechanisms and technologies for protecting children from harmful information. Pronounced trends in regulation of mass media for the protection of children include the increase in national differentiation despite the globalization of media communication processes, which the author associates with the diversity of the main sources of dynamics of sociocultural national spaces. The growing commercialization of media industry indicates the need for integrating the capacities of state and civil mechanisms of control over the distribution of media products in the face of the threat of monopolization of media industry.

Systems of Planning and Development of Territories: Foreign Countries Cases

The paper is devoted to the study of foreign experience of legal regulation of systems of planning and development of territories. The experience of the USA and Germany was chosen for the study. The paper examines the structure of land use by various authorities and the main legislative acts in the field of land use planning. Attention is given to the main problems of land use regulation in foreign countries, as well as promising directions for the development of legislation in the field of planning and land use. The greatest attention is given to land use planning in foreign countries at the regional and local levels. As a result of the study, differences were identified that are fundamental in the legal regulation of land use and the determination of the legal regime of lands and land plots. The directions in which domestic legislation should be developed for more effective regulation of land use were noted, including zoning of territories and improving public participation in the adoption of territorial planning documents and changes in the types of zones of land plots.

Foreign experience of penalization of economic crimes

The author focuses on the reforms of criminal legislation in Russia, which were aimed at the humanization of criminal responsibility, and aggravate the problem of peculiarities of economic crimes penalization. The creation of effective criminal and legal provisions aimed at the prevention of economic crimes is impossible based only on the study of national experience in this field. The latter requires a system analysis of the existing legal provisions aimed at the prevention of economic crimes in foreign legislation. The author studies criminal legislation of some foreign countries regarding the imposition of punishment for economic crimes. The authors offer ways to formalize punishment for criminal crimes in Russia. The authors arrive at the conclusion that particular provisions of the Criminal Code of Russia testify that penalization performed, unfortunately, is characterized by unsystematic character, groundlessness and mutual incoordination of punishment imposed for particular economic crimes. One of the ways of development of legal regulation of rules courts are guided by when imposing punishment, is the study of strengths and weaknesses of corresponding legal regulations in foreign countries. Based on the analysis of legal regulation and practice of imposition of punishment for economic crimes in foreign countries, the author articulates the position about the advisability of introducing a model of limited formalization of punishment in Russia. In this respect, the suggested formalized mechanism should be introduced gradually and holistically, and should be accompanied by critical interpretation of foreign experience.

Foreign experience in legal regulation of extrajudicial forms of protection of an individual’s rights and freedoms, excluding the criminality of the act

The article describes the provisions of the sources of criminal law of some foreign countries regarding the regulation of extrajudicial forms of protection of an individual’s rights and freedoms, excluding the criminality of the act. The author refers to these forms as a necessary defense, causing harm to the person who committed the crime, and extreme necessity. The article discusses the possibility of implementing the provisions of these sources in Russian criminal law to improve the state response to the implementation of these forms. The author comes to the conclusion that the most positive and constructive features of legal regulation in foreign countries, extrajudicial forms of protection of an individual’s rights and freedoms while excluding the criminality of the act, deserve scientific attention and consideration of their implementation in domestic criminal law and legal practice. The main features consist of the following: the conditions for the onset of the right to necessary defense, extreme need and infliction of harm during the detention of a person who has committed a crime, and the grounds for exceeding it; taking into account the situation when determining the legitimacy of the given circumstances; allocation of privileged conditions under which a person is either exempted from criminal liability or not exempted from it, but can count on mitigation of punishment; criminal prosecution for actions if absolutely necessary only if they have resulted in more harm than the harm prevented; regulation of legal and factual error with the necessary defense and extreme necessity; legal regulation of the conditions for the use of weapons in the implementation of these forms; holding accountable those who provoked the necessary defense; the emergence of the right to necessary defense of the person whose rights are being encroached upon.

Лес и растительный мир: правовые проблемы разграничения

Introduction: the article discusses issues related to the legal definition of concepts of forest and other vegetation, green spaces, as well as vegetation and plant life in general. Purpose: to perform a legal analysis of the transformation of approaches to understanding the term ‘forest’ in Soviet and modern Russian legislation. The analysis involves comparison of domestic experience with the experience of legal regulation in foreign countries and also takes into account views of Russian and foreign scientists on the relation between the legal concept of forest and vegetation outside forests. Methods: comparative legal, comparative historical, description and interpretation, theoretical methods of formal and dialectical logic, special scientific methods: formal dogmatic approach and interpretation of legal norms. Conclusions: the authors have studied legal issues concerning the status of green spaces in cities and other settlements, which is currently regulated in Russia at the regional level, in the same way as in some European countries (with the case of Austria used as an illustration in this article). Results: using specific examples, the authors have shown the process of formation of legislation on the use and protection of plant life objects, including cultivated and wild plants. Taking into account the experience of the neighboring countries and also the developments of the constituent entities of the Russian Federation, the authors made some proposals concerning the legal enshrinement of main mandatory provisions that could form the basis for further development of legislation in this sphere.

FOREIGN EXPERIENCE IN THE FIELD OF LABOR MARKET REGULATION

The article describes the main issues related to the peculiarities of labor market regulation in a number of foreign countries. It is shown that the problems of labor market regulation in foreign countries, as in Russia, are rather complex and multifaceted. Solving a number of problems can lead to a reduction in unemployment and an improvement in the quality and living standard of the population in different countries.

АМЕРИКАНСЬКИЙ ДОСВІД КРИМІНАЛЬНО-ПРАВОВОГО РЕГУЛЮВАННЯ БУЛІНГУ

Проблема насильства в навчальних закладах існує в багатьох країнах світу, але не всі протидіють зазначеному явищу і проводять відповідну антибулінгову політику. Америка – одна з країн, яка активно бореться з булінгом у школі, і її досвід є важливим для України. У статті проаналізовано статистичні показники виявів булінгу та кібербулінгу в США. Висвітлено особливості антибулінгової політики різних штатів США, наведено загальні положення, визначено сучасні тенденції та перепони в боротьбі зі цькуванням. Запропоновано імплементацію окремих положень у національне законодавство.

Current trends in compounding of medicines and its legislative regulation in foreign countries

Compounding medicines preparation is part of the proper pharmaceutical supply of the population. Unfortunately, its volumes in Ukraine have been declining recently, but the spread of medicines production in privately owned pharmacies indicates the prospects of this activity type.
 The aim of the work was the analysis of the current state of medicines compounding and its legislative regulation in foreign countries, formulation of the main directions of the Ukrainian legislation reforming on this issue.
 The materials of the research were scientific publications in peer-reviewed foreign journals with using bibliosemantic method, the method of generalization and systematic data analysis.
 The analysis of publications concerning the practice of medicines preparation in foreign countries showed its volume increasing. In most countries, such activities are an integral part of pharmaceutical care and the provision of medicines to the population. Along with conventional pharmacies, the widespread medicines compounding in hospital pharmacies. The structure of drug production differs in each country. According to the Global Market Insights report for 2018, the main therapeutic areas in the structure of compounding medicines market were hormone replacement therapy, analgesia, dermatology, specialized drugs and parenteral nutrition. The regulatory framework governing the medicines compounding was reviewed in the last few years. The EU updated the PIC/S Guide and approved the second version of the EU Council Resolution on the medicines compounding. To control the spread of sterile medicines serial preparation in the United States since 2013 this activity is controlled by the FDA. Compliance with GMP requirements is a mandatory requirement for the serial preparation of sterile medicines abroad.
 Thus, the development of medicines compounding is a promising area of pharmaceutical activity. Despite the reduction in the number of compounding pharmacies, Ukrainian pharmacies are also involved in the preparation of specific medicines. A number of regulatory documents, the requirements of which are similar to international ones, regulates the quality control of compounding medicines. However, to comply with modern world trends, it is necessary to review and update this legislation.

LEGAL REGULATION OF PUBLIC-PRIVATE PARTNERSHIPS IN THE FIELD OF ENVIRONMENTAL PROTECTION IN FOREIGN COUNTRIES

Environmental protection is an important concern for society. One of the most relevant topics of recent times is the solution of the issue related to attracting private investment in solving environmental problems in Russia. The use of public-private partnership mechanisms is seen as the most promising tool for this. Herewith, the fruitful application of this institution in the field of environmental protection largely depends on the effectiveness of its legal regulation. Meanwhile, it seems that the existing approach in the Russian legislation does not meet this condition yet. There is no special legal regulation of PPPs in the environmental sphere, and the current Federal Law of July 13, 2015 No. 224-FZ contains norms restricting its application for different reasons, posing to scientists and practitioners as a whole the question of the effectiveness of this specified legal act in environmental sphere. In order to determine the most optimal model of legal regulation of PPP in the fi eld of environmental protection in the Russian Federation, among other things, it is necessary to study the experience of such legal regulation in foreign countries. This article is devoted to the study of this particular issue. The article considers the main models of legal regulation and forms of public-private partnerships in foreign countries, and also analyzes a number of specifi c PPP projects aimed at protecting the environment and their legal regulation. According to the results of the study, the author comes to the conclusion that there is no special legal regulation of these relations. However, this fact is not an obstacle to the use of PPP in the field of environmental protection. The author concludes that artificially limiting the use of PPP to solve environmental problems is not justified.

EXTERNAL EXPERIENCE FOR THE EXECUTION OF EXCHANGE REGULATION AND POSSIBILITIES OF ITS APPLICATION IN UKRAINE

The aim of the article is to conduct a comparative legal study of statutory legal acts, which define the legal framework for the implementation of currency regulation in some foreign countries and in Ukraine and which determine on this basis ways to improve domestic legislation in this area. The subject of the research is the experience of currency regulation in some European countries, USA, China, and Ukraine. Methodology. The research is based on a comparison of foreign exchange regulation in Ukraine and in foreign countries. Advantages and disadvantages of different modes of state control over currency circulation are determined, on the basis of the analysis of peculiarities of the state regulation of currency circulation in the United Kingdom, Germany, France, Poland, the USA, China, and in some other countries: from floating rate regime to rigorous state control. On the basis of the comparative legal study of certain provisions of the administrative legislation of Ukraine, the possibilities and limits of the application of positive foreign experience in this field are determined. The results of the study have shown that in order to implement foreign exchange management experience, it is necessary to postpone the final transition untill establishing a floating rate regime. It is possible to make it by reinforcing state interference. At the same time, it is necessary to strengthen currency control not only over the implementation of foreign exchange operations but also over the activities of subjects that determine the state policy in the field of currency regulation, as well as over those, who directly carry out the corresponding activity using the tools specified by provisions of the current legislation. Practical impact. The positive experience of the formation of the foreign exchange market in foreign countries shows that the gradual transition from a fixed to a floating exchange rate is the beginning of a natural market exchange rate and the equalization of the balance of payments and the gradual release of the national economy from the pressure of administrative and corruption restrictions. Value/originality. Conducting the comparative analysis of foreign exchange regulation in foreign countries is the basis for developing the most promising directions for the development of domestic legislation in this field.

THE LEGAL FRAMEWORK FOR THE IMPLEMENTATION OF CURRENCY REGULATION IN SOME FOREIGN COUNTRIES AND IN UKRAINE

The purpose of the article is to conduct a comparative legal study of laws and regulations that determine the legal framework for the implementation of currency regulation in some foreign countries and in Ukraine and to define ways for improving domestic legislation in this area on this basis. The subject of the study is the experience of currency regulation in some European countries, USA, China, and Ukraine. Methodology. The research is based on a comparison of foreign exchange regulation in Ukraine and abroad. Based on the analysis of peculiarities of the state regulation of currency circulation in Great Britain, Germany, France, Poland, the USA, China, and in some other countries, the advantages and disadvantages of different regimes of state control over currency circulation are determined: from the regime of the floating rate to the rigorous state control. On the basis of the comparative legal study of certain provisions of the administrative legislation of Ukraine, the possibilities and limits of the application of positive foreign experience in this area are determined. The results of the study showed that in order to implement foreign exchange management experience, it is necessary to postpone the final transition to establishing a floating rate regime, reinforcing state interference. At the same time, it is necessary to strengthen currency control not only over the implementation of foreign exchange operations but also over the activities of entities that determine the state policy in the field of currency regulation, as well as directly implement the relevant activities using the instruments determined by provisions of the current legislation. Practical implications. The positive experience of the formation of the foreign exchange market in foreign countries shows that the gradual transition from a fixed to a floating exchange rate is the beginning of a natural market exchange rate formation, equalization of the balance of payments, and the gradual liberation of the national economy from the pressure of administrative and corruption restrictions. Value/originality. Conducting a comparative analysis of foreign exchange regulation in foreign countries is the basis for developing the most promising directions for the development of domestic legislation in this area.

Suicide tourism: a pilot study on the Swiss phenomenon

While assisted suicide (AS) is strictly restricted in many countries, it is not clearly regulated by law in Switzerland. This imbalance leads to an influx of people—‘suicide tourists’—coming to Switzerland,...

Environmental Flows Legislation and Regulations in Foreign Countries and the Enlightenment to China

Environmental flow is a key factor to protect river ecological system, however, there is no international agreement concerned with environmental flows exclusively so far. This paper demonstrated the importance and urgency of environment water demand in the world and presented summary and analysis of environmental flows legislation and regulations. Europe and other countries have been investigated and compared systematically. At last, specialized legislative proposals were provided for protection of aquatic ecosystems and their environment in China.