Responsibility For Violation Of Legislation Research Articles

Administrative responsibility in the system of state provision of protection of an individual’s intellectual property rights

The article examines the peculiarities of the functioning of the institute of administrative responsibility as an important element of the system of state-legal protection of intellectual property rights as a separate group of homogeneous relations, the objects of which are the results of intellectual, creative activity of a person. A group of uniform normative legal acts regulating the studied relations is identified: the Constitution of Ukraine, codes and laws of Ukraine, Decrees of the President of Ukraine, resolutions and orders of the Cabinet of Ministers of Ukraine, standards in the field of intellectual property, departmental normative legal acts, international treaties and agreements. It has been established that in our country it is expedient to continue improving the system of regulatory and legal support for the protection of intellectual property, and such a system itself should be aimed at reorienting the administrative and legal activities of executive authorities to increase the transparency of the decision-making process regarding bringing offenders to administrative responsibility, which will become effective as a means of ensuring the lawful activity of individuals and legal entities in the field of protection of intellectual property rights. It is proposed to establish the category “administrative responsibility for violation of legislation in the field of intellectual property” as an implementation of an administrative-legal sanction, which is manifested in the application by the court to a guilty person who has committed an administrative offense in the field of intellectual property, the punishment provided for by the Code of Ukraine on administrative offenses and other by legislative acts, in accordance with the procedure defined by law. The prospects of further research in this area are defined as theoretical improvement of legislation and practical regulation of the functioning of the specified institute as a means of state protection of intellectual property rights of individuals.

Legal challenges in ensuring the cybersecurity of genetic data in the Russian Federation

The article explores problematic issues of legal regulation of genetic data cybersecurity. The author points out gaps in the legal framework regulating the requirements for collection, storage, processing and transfer of genetic data as a special type of personal data. The author investigates the aspects of insufficient protection of genetic information and the main reasons and sources of threats for private and public interests. The author proposed ways to improve the legislation in order to counteract cyber risks in conditions of a significant growth of genetic data in the Internet space, in particular, to approve mandatory security requirements when dealing with genetic information, to increase responsibility for violation of legislation in the field of personal data, to limit the range of persons having access to genetic databases and other mechanisms of legal regulation.

Some reflections on improving the provisions of the code of Ukraine on administrative offenses in terms of increasing liability for violation of legislation in the field of protecting natural ecosystems from fires

The article presents an analysis of the current state of the current administrative legislation of Ukraine, which regulates relations in the field of environmental protection and rational nature management in the state. The author has analyzed the provisions of the draft Law of Ukraine “On Amendments to the Code of Ukraine on Administrative Offenses in relation to increasing liability for violation of legislation in the field of protecting natural ecosystems from fires” and a number of other bills. Their development and adoption is an important step towards bringing the current national legislation in line with European standards and norms, as well as further development of social and economic transformations in Ukraine in the environmental sphere.
 Also in this article the author indicates the feasibility of amending the Code of Administrative Offenses of Ukraine and other legislative acts in terms of strengthening administrative responsibility for violating fire safety rules, protecting the environment, preventing fires in natural ecosystems in the country. With regard to improving the efficiency of management of the sphere of protecting natural ecosystems from fires, the author points out the need to provide additional powers to the bodies of the State Emergency Service of Ukraine for the implementation of state control and supervision over the state of fire safety at forestry facilities. In this aspect, it is timely to develop and adopt a separate legislative act to secure the rights and obligations of the relevant officials to exercise such state control and determine the procedure for its organization. In addressing the issue of protecting natural ecosystems from fires, it is proposed to pay attention to the need to ensure strict adherence to the principle of inevitability of administrative responsibility for violation of legislation on environmental protection, eliminating the imbalance between the actual amount of damage caused to the environment and the amount of sanctions; an increase in the size of fines for setting fires in natural ecosystems, including for unauthorized burning of stubble on agricultural land (fields) by their owners.

Вопросы привлечения к административной ответственности в условиях режима повышенной готовности

The article describes questions of administrative and legal regulation in the conditions of the high alert regime. The administrative measures taken to prevent the spread of the new coronavirus infection (COVID-19) came into force on April 1, 2020. The article introduces the procedure for establishing rules, requirements and prohibitions for citizens and organizations in the the high alert mode territory. Questions arise about the requirements, for violation of which they are held liable under Article 20.6.1 of the Code of Administrative Offenses of the Russian Federation, as the Code established administrative responsibility for non-compliance with the rules of behavior in an emergency or the threat of its occurrence. Part 2 of Art. 6.3 of the Code of Administrative Offenses of the Russian Federation has been amendened to regulate the administrative responsibility for violation of legislation in the field of ensuring the sanitary and epidemiological well-being of the population, if such an offence is committed during an emergency regime or in the event of a threat of the spread of a dangerous disease. The requirements for masks and personal protective equipment have been analyzed, as for the absence of masks the requirements can be brought to administrative responsibility. A big problem still is the disposal of personal protective equipment, since they belong to waste category B. The release of used personal protective equipment is the subject to the requirements of the disposal procedure and the requirement to prevent the emergence of a threat of the dangerous disease spread. The article considers the competition between the rules of the Code of Administrative Offenses of the Russian Federation in terms of bringing to responsibility for non-compliance with environmental protection requirements when handling production and consumption waste and the rules of law regulating violation of legislation in the field of ensuring sanitary and epidemiological well-being of the population.

Administrative responsibility for violation of legislation on information in border sphere

The article investigates administrative violations of legislation on information in the border sphere. The peculiarities of responsibility in this area are defined. The analysed norms of administrative legislation and scientific works enabled to outline the problems of legal regulations of this sphere and determine the directions of their improvement.

Secrets protection and counteracting espionage in the United States between beginning of the war for independence and the end of WW I (1774-1918)

The article analyses historical aspects of classified information protection and measures to counteract espionage in the USA during the period between its founding and the end of World War I. The analysis partially relies on US laws and regulations of that period. To draw special attention to the legal acts of the US Army and Navy on protection military secrets, acts of Congress on prevent on espionage and the formation of counterintelligence support during the World War І. The publication deals with stamps restricting access to information used in the United States in the mentioned period, analyzing measures of responsibility for violation of legislation on protection of secret information and penalties for espionage activities. The aim of the publication is to study the historical experience of the United States in the protection of state secrets and counteracting espionage as the ally of Ukraine in confronting Russian aggression.

Ответственность за нарушение законодательства в области бухгалтерской (финансовой) отчетности

Ответственность за нарушение законодательства в области бухгалтерской (финансовой) отчетности

Production of Organic Agricultural Products is an Important Area of “Green” Economy

Background/Objectives: Purpose of the work is to analyze scientific research concerning organic agriculture and greening of agricultural production and develop recommendations on appropriate legal regulation in the Sverdlovsk region and the Russian Federation. Methods: The legal engineering, including general scientific methods of cognition: Analysis and synthesis, induction and deduction, etc., were used as the main methods of research. Findings: Currently in Russia about 50 million hectares of 122 million ha of arable land are derived from agricultural production and synthetic chemical fertilizers are not applied on these arable lands for 20 years or more. This factor allows using unoccupied land areas for the production of organic agricultural produce of both vegetable and animal origin. To organize organic agriculture in the Russian Federation it is required to adopt an appropriate federal law, which has been done in some regions. This federal law should provide rules governing the production of organic agricultural products, develop a national standard for this type of agricultural production; determine the level of public financial support for producers of such products; stipulate pricing guidelines; identify state control and supervision over the quality of organic agricultural products; legal responsibility for violation of legislation on production and marketing of organic products. Some other tasks in the sphere of organic agricultural production should also be solved: the formation of a new philosophy of healthy nutrition, as well as the organization of agricultural production. Applications/Improvements: Legislative regulation considering the aforementioned principles is the basis for development of organic agriculture in the country. This trend will be most important in the field of Russian exports of food products to the world agricultural market.

«ANTI-SMOKING» LAW IN ACTION: REVIEW OF LAW ENFORCEMENT PRACTICES

This article analyzes the first experience of bringing to administrative responsibility for violation of legislation in the field of public health protection from exposure to environmental tobacco smoke and consequences of tobacco consumption. Administrative offenses considered in this article refer to the competence of the internal affairs authorities (police). The author presents the information and analytical data characterizing the law enforcement practices in such offenses as: involving minors into tobacco use, violation of the law prohibiting tobacco smoking in certain areas indoors and in public places; distribution of tobacco products or tobacco among the population free of charge including in the form of gifts; wholesale or retail sale of nasvai. The article highlights the ways of increasing the effectiveness of administrative and legal punishments for violation of anti-smoking legislation. The article can be used in the practice of officers and police units in the application of administrative and legal measures aimed at prevention of offenses in this field, taking into consideration the need to ensure respect for human rights and fundamental freedoms of citizens.

«ANTI-SMOKING» LAW IN ACTION: REVIEW OF LAW ENFORCEMENT PRACTICES

This article analyzes the first experience of bringing to administrative responsibility for violation of legislation in the field of public health protection from exposure to environmental tobacco smoke and consequences of tobacco consumption. Administrative offenses considered in this article refer to the competence of the internal affairs authorities (police). The author presents the information and analytical data characterizing the law enforcement practices in such offenses as: involving minors into tobacco use, violation of the law prohibiting tobacco smoking in certain areas indoors and in public places; distribution of tobacco products or tobacco among the population free of charge including in the form of gifts; wholesale or retail sale of nasvai. The article highlights the ways of increasing the effectiveness of administrative and legal punishments for violation of anti-smoking legislation. The article can be used in the practice of officers and police units in the application of administrative and legal measures aimed at prevention of offenses in this field, taking into consideration the need to ensure respect for human rights and fundamental freedoms of citizens.