Subordinate Regulations Research Articles

К вопросу об отнесении линейных объектов к объектам капитального строительства, недвижимого имущества, категории единого недвижимого комплекса

This article examines the classification of linear objects within the context of capital construction, real estate, and single real estate complexes. The study reviews relevant provisions of the Urban Planning Code of the Russian Federation, the Land Code of the Russian Federation, the Civil Code of the Russian Federation, as well as other federal laws and subordinate regulations. The explanations of authorized authorities, acts of judi-cial authorities, opinions of researchers of civil law science on the concept of linear objects and their inherent characteristics, belonging of linear objects to capital construction objects, real estate, the ratio of these con-cepts, belonging of linear objects to the category of a single immovable complex, things of auxiliary purpose, the specifics of linear objects in comparison are analyzed with other objects of civil rights in terms of restrictions on the interests of land rights holders, necessary for the placement, maintenance and repair of linear objects, the extension of the protected zone of linear objects with a special legal regime to a certain part of the land plots. Conflicts of law, controversial issues of judicial practice are revealed, the author’s definition of linear ob-jects is formulated, including their inherent features. The directions of the development of regulatory regulation, including in terms of the unification of terminology and proposals to consolidate the types of linear objects re-lated to real estate by the norms of special legislation, are determined.

Немедицинские аспекты доступности медицинской помощи при территориальном планировании в здравоохранении.

Improving the accessibility of medical care is one of the tasks to achieve the goals of state policy in saving the population and human development of a number of strategic documents of the Russian Federation. Purpose of the study is to analyze the non-medical aspects of ensuring accessibility of medical care, their normative legal regulation in territorial planning in healthcare at the regional level. Materials and methods. The source of information was legal acts from the reference legal system ConsultantPlus. Descriptive and analytical methods were used in the study. Results. It is shown that the issues of ensuring accessibility of medical care and creating conditions for its provision and development are attributed by various legislative and regulatory acts both to the powers of public authorities of the subject of the Russian Federation and to the powers of local governments within the competence defined by the legislation of the Russian Federation, but these provisions of powers are fixed differently and require amendments and clarifications. The expediency of making amendments to normative acts of different levels and departments within the framework of clarifying the norm on creating conditions for the provision of medical care to the population on the territory of a municipal district or municipal, urban district in terms of providing transport services to the population and organization of transport services, parking space with the possibility of getting to a medical organization for all groups of the population has been determined. Within the framework of regulation, other social guarantees for children of medical workers and norms on providing medical workers with housing (office housing, under a social rent agreement, provision of relevant subsidies and payments for the purchase of housing) need to be specified. The presence of sufficient regulation in terms of the rules of construction and maintenance of roads in the legal field was determined, however, the federal laws and subordinate regulations cited in the study lack specificity and correlation of these legal norms in relation to medical organizations. Conclusions. The necessity to improve the normative basis of non-medical aspects of state and municipal provision of accessibility of medical care to the population in terms of correlation between constitutional norms and legal acts of different departments has been determined in order to specify measures aimed at improving accessibility in the provision of medical care regarding transport accessibility, social guarantees for medical personnel and other measures to develop infrastructure.

Понятие «средство индивидуальной мобильности»

For a long time, one of the controversial issues in the legal literature is the generic name of the entire set of technical devices equipped with an electric motor and providing an increase in the speed of movement in an urban environment. The authors of publications devoted to the topic under consideration use a wide variety of phrases. In the article, based on the analysis of judicial practice and subordinate regulations, the author of the article develops his own version of this concept. An adjustment of the current legislation is proposed.

Legal regulation of robo-advisors in the Russian Federation

The development of the digital economy entails the emergence or transformation of already existing social relations that develop between investors and professional participants in the securities market in the financial market. Professional participants in the securities market began to provide their services to investors not only personally, but also with the help of artificial intelligence technologies. Such technologies include the use of computer programs — “robo-advisers” to provide investment recommendations. The introduction of such innovations in the financial market has inexorably raised the question of introducing legal regulation of public relations that develop when professional participants in the securities market — investment advisers with the help of “robo-advisers” provide consulting services to their clients. The author stated that the relatively recent emergence of public relations in the field of roboadvising causes difficulties in the conceptual apparatus not only in Russian science, but also in foreign. The article proposed the concept of a robot advisor (roboadviser) and roboadvising in both the theoretical and legal sense. The approaches of the states to the establishment of legal regulation in the national legislation of the provision of investment recommendations by “robo-advisers” were analyzed. The author identifies two approaches of states to the establishment of legal regulation: through acts of a recommendatory nature and through the adoption of special normative legal acts. It is concluded that the Russian Federation belongs to the category of states where the legal regulation of the provision of investment recommendations by “robo-advisers” is carried out on the basis of special regulatory legal acts. In the article, the author expressed the point of view, according to which the consolidation of the legal definition of a “robo-adviser” in Russian legislation seems impractical, due to the fact that it already has a mechanism for legal regulation of the provision of investment recommendations using computer programs (which involve the use of an auto-consulting algorithm), based on which a definition can be derived the term “robo-advisor”. Special attention was paid to the distinctive features of the Russian legal regulation of this area, including on the basis of an analysis of subordinate regulations issued by the Bank of Russia.

Search for the optimal model of control and supervisory activities: The experience of Russia and China

One of the aspects of ensuring public interest is to determine the order of organization and implementation of state activities, the purpose of which is to minimize the risk of harm to legally protected values caused by violations of mandatory requirements. The achievement of this goal largely depends on the model of control and supervisory activities that will be implemented by the state. The authors see the optimal model of control and supervisory activities as balanced if based on constitutional principles. The authors consider the experience of Russia and China in creating a modern model of control and supervisory activities and propose to consider approaches to their search that would not only achieve the goal of control (supervision), but also ensure that the balance of interests of the state, society and individual individuals is maintained. Such a search has not been completed in both states. Actually there is a unified approach — in Russia and China the legislator seeks to form a model that would ensure a balance of interests. The authors turn to the constitutional principles of state control and supervision as an activity related to interference with the freedom of a private person. The study revealed a difference in approaches to the issue of reforming control and supervisory activities both in terms of the dynamics of changes and the consistency of approaches. In relation to the Russian experience, the development of legislation in the field of control and supervisory activities allowed to identify the characteristics of changes and the correlation of control and supervisory activities in the system with other types of administrative activities. The Chinese experience reveals the ongoing search by the Chinese leadership for a system of legal regulation in the conditions of uncodified legislation, numerous subordinate regulations and the inconsistency and uncertainty of legal norms.

보험회사의 보험대리점 투자 관련 법적 제 문제에 관한 검토

General agencies are gaining market share within insurance sales market, based on their advantage to compare and sell different kinds of insurance products. Size of individual general agency is getting bigger, as medium-to-large sized agencies attract more sales agents and gain market share. As these agencies exert greater influence in the sales market, insurers are trying to enhance their bargaining power by acquiring stakes of general agencies or establish agency themselves as a form of subsidiary. In case when insurers invest in such agencies by acquiring stakes, the insurers must abide by requirements of Insurance Business Act, and the Act on the Structural Improvement of the Financial Industry, and etc. Those include restrictions of insurers acquiring stake of other companies and obtaining an approval from the Financial Services Commission. In addition, when insurers hold a general agency as their subsidiaries, the insurers should comply with the various requirements set forth in the Insurance Business Act and its subordinate regulations. Also, general agencies must follow relevant regulations such as the Insurance Business Act and the Financial Consumer Protection Act as the agencies themselves are insurance solicitors and financial product distribution agents or brokers. Penalties and sanctions can be applied to the agencies in case of violation. Particularly, the Financial Consumer Protection Act imposes strong sanctions on violation of its sales regulation, to prevent financial consumer damages from miss- selling of financial products. The Act has also introduced stronger measures to enhance effectiveness for consumer remedies. Therefore, reviewing those regulations details and violation effects are important when determining size and risk of the insurers’ investment to such agencies. It is necessary to ensure sound management on general agencies and protect insurance consumers by regulating governance of general agencies, such as setting up internal control standards, and etc. Particularly, Regulation on Supervision of Insurance Business prohibits insurers from supporting rental fees and etc. to agencies as a business standard for general agencies. The issue can be problematic as insurers provide money through stake investment. That said, it is appropriate to exempt such action from prohibition, unless stated otherwise, as capital procurement through stake acquisition is an execution of investment and do not share the same legal character of lease or borrowings.

Analysis of regulatory and legal support in the sphere of population protection under military state

The article analyzes the regulatory framework of Ukraine to ensure the protection of the population under martial law. The main attention is focused on the Constitution of Ukraine, as well as the Code of Civil Protection of Ukraine, defining its advantages. The conclusion is made about the duplication of the Laws of Ukraine "On the Civil Defense of Ukraine" and "On the Legal Basis for Civil Protection" in terms of terminology. An attempt was made to divide the formation of civil protection of Ukraine into three stages. An important step in the development of the system of protection of the population in emergency situations was the Law of Ukraine "On the Protection of the Population and Territories from Emergencies of a Man-made and Natural Character", which fixed the organizational and legal foundations for the protection of citizens of Ukraine, foreigners, stateless persons located on the territory of Ukraine. protection of industrial and socаial facilities of the environment, from man-made and natural emergencies It is proved that in today's conditions in Ukraine, the regulatory and legal mechanism in the field of civil protection, in particular, regarding the risks of occurrence and development of emergency situations, needs to be improved. Within the framework of the current regulatory and legal mechanism for protecting the population during emergencies, there are no clear approved instructions for the implementation of the provisions of legislative and subordinate regulations to prevent the risks of occurrence and development of emergencies, and there is also no effective mechanism for monitoring the prevention of emergencies.

Problems of Harmonization on The Post-Establishment of Omnibus Law on Job Creation

The government has issued Law Number 11 Year 2020 concerning Job Creation (UUCK) on November 2, 2020. Through this law, around 1,200 articles in eighty laws are simplified into one law that regulates the provisions of the replaced laws. The model of simplifying regulations by combining various laws into a law is called the Omnibus Law. The establishment of the UUCK was a form of simplification of regulations related to the job creation process. The statement of the problem of this research is how to harmonize subordinate regulations into law, which was previously an implementing regulation from a law into a law. The research method used is normative juridical which is descriptive analysis. Law No. 12 Year 2011 as amended by Law No. 15 Year 2019 concerning the Establishment of Laws and Regulations states that harmonization was still in the draft stage. Therefore, no provisions govern the harmonization of regulations in force. If there are overlapped regulations both vertically and horizontally under the law, the settlement mechanism is done through the judiciary, namely the Supreme Court. This research concludes that the settlement of the disharmony regulation is resolved through executive review or analysis and evaluation.

KAJIAN AKADEMIS PERATURAN PELAKSANAAN CARA LAIN UNTUK MENGHITUNG PEREDARAN BRUTO YANG MENDUKUNG KEPATUHAN SUKARELA

Regulation of The Minister of Finance of The Republic of Indonesia Number 15/PMK.03/2018 on Other Basis to Calculate Gross Income regulates determination of tax payable through indirect evidence other than evidence from bookkeeping. This regulation potentially become double edge sword for the tax authority's mission to collect revenues based on voluntary tax compliance. Based on the Slippery Slope Framework, if the tax authorities maintain the 'cops and robbers’' attitude, voluntary compliance tends to decrease (Kirchler, Hoelzl, and Wahl, 2008). Conversely, voluntary compliance will increase if the tax authorities are perceived to be more efficient in detecting tax fraud and bringing justice. This study presents a literature review as a consideration basis for developing regulatory policies for subordinate regulations of PMK 15/2018 that supports voluntary compliance. Based on the literature review, subordinate regulations of PMK 15/2018 that support voluntary compliance must be reliable, objective, and punishable under legitimate power.

МОНІТОРИНГ СУДОВИХ РІШЕНЬ ЯК ІНСТРУМЕНТ ОТРИМАННЯ ВІДОМОСТЕЙ, ЩО Є ПІДСТАВОЮ ПРЕДСТАВНИЦТВА ПРОКУРОРОМ ІНТЕРЕСІВ ДЕРЖАВИ В СУДІ

The activity of the prosecutor's office of Ukraine is based on the principles of legality. The tools used by the prosecutor in his work must be normatively defined and enshrined in law. Failure to comply with these conditions may lead to different interpretations of the actions of prosecutors both by lawyers in general and directly by the courts in making decisions. Judicial practice and departmental regulations show that prosecutors use a tool such as "monitoring of court decisions", the definition of which is not enshrined in law. Therefore, the article analyzes the issue of prosecutors' use of such a tool as monitoring court decisions. In particular, the connection between the concept of "monitoring of court decisions by the prosecutor" and such fundamental principles of various forms of proceedings as publicity of the trial and openness of information about the case. The need to disclose the content of the concept of "monitoring of court decisions by the prosecutor" is pointed out. It is noted about the need to define this concept as a tool of the prosecutor, and to distinguish it from the concept of "grounds for representation by the prosecutor of the interests of the state in court." Emphasis is placed on the expediency of normative consolidation of the concept of "monitoring of court decisions by the prosecutor". On the basis of researches of domestic scientists, the author's definition of the concept "monitoring by the prosecutor of court decisions" is given. According to the results of the analysis, the source of monitoring court decisions was recorded. The purpose of monitoring court decisions has been clarified. There is an idea of the need for the prosecutor to ensure the frequency of monitoring. The results of the prosecutor's use of monitoring court decisions are highlighted. The connection between the use of this concept and the exercise of the prosecutor's powers to represent the interests of the state in court has been established. The wording of the relevant concept of "monitoring of court decisions by the prosecutor" gives the legislator the opportunity to use it when making amendments to existing regulations governing the activities of the prosecutor, and can also be used to improve subordinate regulations.

Legislative Regulations on Establishing Private and Special Archives in Bosnia and Herzegovina

The issue of establishment and operation of private and special archives is not adequately regulated in archival legislation of Bosnia and Herzegovina. Namely, this issue is only superficially defined in some of the archival laws of Bosnia and Herzegovina, while in some it has not even been mentioned. In addition, subordinate legislation that is crucial in defining the procedure of establishment, jurisdiction of private archives, relation to parent archives, responsibilities, are not defined at all. Also, in the part of the establishment and operation of special archives no subordinate legislation was passed, which would define in more detail the conditions, procedures and the procedure of establishment, and should also be defined by subordinate regulations in that part. Therefore, this paper aims to carry out an analysis of the existing regulations and to initiate the solving of this issue by providing archival archives and archival experts with appropriate, expert legal solutions and subordinate regulations and instructions to competent institutions to make it available in the forthcoming period were given.

Filling the Hole in Indonesia’s Constitutional System: Constitutional Courts and the Review of Regulations in a Split Jurisdiction

The Indonesian constitutional system contains a serious flaw that means that the constitutionality of a large number of laws cannot be determined by any court. Although the jurisdiction for the judicial review of laws is split between the Constitutional Court and the Supreme Court, neither can review the constitutionality of subordinate regulations. This is problematic because in Indonesia the real substance of statutes is often found in implementing regulations, of which there are very many. This paper argues that that is open to the Constitutional Court to reconsider its position on review of regulations in order to remedy this problem. It could do so by interpreting its power of judicial review of statutes to extend to laws below the level of statutes. The paper begins with a brief account of how Indonesia came to have a system of judicial constitutional review that is restricted to statutes. It then examines the experience of South Korea’s Constitutional Court, a court in an Asian civil law country with a split jurisdiction for judicial review of laws like Indonesia’s. Despite controversy, this court has been able to interpret its powers to constitutionally invalidate statutes in such a way as to extend them to subordinate regulations as well. This paper argues that Indonesia’s Constitutional Court should follow South Korea’s example, in order to prevent the possibility of constitutionalism being subverted by unconstitutional subordinate regulations.

RATIO OF THE LEGAL AND PROCEDURAL STATUS OF THE HEAD OF INVESTIGATIVE BODY

Article is devoted to search of author's determination of the criminal procedure status of the head of investigative body. Determination of the status is given in it is general legal sense, types of legal statuses, such as the general (constitutional), special (patrimonial), individual, the status of the foreigner and branch legal statuses are allocated. The discussion about a ratio of legal status and a legal status on the basis of which conclusions the author has divided concepts of legal and procedural status per se is given. Are carried to number of elements of legal status of the head of investigative body: the rights and duties provided by the Code of Criminal Procedure of the Russian Federation and specified departmental standard legal by acts of the Ministry of Internal Affairs of the Russian Federation, SK of Russia and FSB of Russia; the criminal liability regulated by the Criminal Code of the Russian Federation and the disciplinary responsibility provided by subordinate regulations for non-execution or inadequate execution of the procedural powers; procedural and administrative accountability of activity of the head of investigative body to the head of higher investigative body. Elements of the criminal procedure status of the designated participant of criminal trial, according to the author, are the rights and duties provided by the Code of Criminal Procedure of the Russian Federation; the accountability of activity of the head of investigative body to the head of higher investigative body regulated by the Code of Criminal Procedure of the Russian Federation. The author has also mentioned a discussion about existence of criminal procedure responsibility of participants of criminal legal proceedings. In article the maintenance of each of elements of the status and justification of reference of each of them to this or that type of the status is opened. Proceeding from the considered structure, the concept of the criminal procedure status of the head of investigative body as the position of the head of the investigative body including his procedural laws, duties and accountability to the head of higher investigative body regulated only by the Code of Criminal Procedure of the Russian Federation is formulated.

Subordinate regulations of executive power bodies of Ukraine and foreign countries: comparative characteristics.

Problem Setting. Having chosen the European integration path of development Ukraine has committed itself to adapt national legislation to the EU legislation. Approximation of legislation is a process of harmonization of regulations of a state in accordance with a certain standard. Today this process is regulated by the Law of Ukraine On State Program of Adaptation of Ukraine to the European Union of 18 March 2004, which involves the complex task of adaptation of Ukraine, aimed at improving the legislative and enforcement activities of public authorities.The actuality of the topic. Adapting legislation involves increasing demands for quality and consistency of regulatory legal acts issued by the authorized state bodies, especially the acts of the executive. The quality is subordinate regulatory acts depends entirely on the quality of legal regulation of social relations in the country, protect the interests, rights and freedoms, because no matter how perfect the legislation was not resolved this or that sphere of public life, without proper implementation of legal provisions by regulation effectively implemented can not.Courtesy of the author's definition of executive power, defined as a separate branch of government entrusted with the task to implement management activities in the state, according to the law, through a specially created state bodies - bodies, which are the kind of public authorities who have the public-law power management powers to the viability of the country capable of applying coercive measures.The purpose of the article. The power of Ukraine today has three levels with corresponding sublevels: a higher level – the Cabinet of Ministers of Ukraine; central level – the first sublevel – Ministries and second sublevel – central authorities; local level – the first sub-level – regional territorial offices of ministries and central authorities, the second sub-level – district, city, city, city district, inter-district regional offices of ministries and central authorities.The article analyzes the main types of subordinate regulatory acts Italy, Spain, France, Germany, Japan and the United States.The study was set types of subordinate normative legal acts of the (government, ministries, local authorities, etc.) in France, Germany, Italy, Japan almost coincide with the Ukrainian subordinate regulatory acts. It is also important that in these countries the legislation recognized regulatory function of regulations as a by-law (secondary) and primary legal regulation of social relations, which, in our opinion, is a positive experience that can be introduced by Ukrainian legislation.Conclusions. Positive, in our view, is the practice of some countries of Western Europe delegation of legislative powers from parliament to the government and consolidation of such procedures in the relevant legal acts. We believe that in Ukraine also need the legislation provide for the possibility of delegation of powers by appropriate amendments to the Constitution of Ukraine or the development and adoption of the Law of Ukraine On the law-making activities and regulations, which define the grounds delegation of such powers possible terms, matters that can be regulated by acts of delegated legislation, the procedure of approval by the Verkhovna Rada of Ukraine and others.

인도네시아의 산림 관련 법체계 및 조림사업 허가 절차

Of the countries where Korea has advanced for overseas afforestation investments, Indonesia might be the most important country. As the end of 2010, nine Korean companies have been implementing afforestation projects in Indonesia, covering a total area of one hundred and fifty thousand hectares roughly. Following the Memorandum Of Understanding (MOU) on afforestation investment covering five hundred thousand hectares (A/R CDM / industrial afforestation) signed between Korea and Indonesia, the two countries concluded in 2009 an additional MOU covering two hundred thousand hectares for biomass afforestation, thus securing a total afforestation area of seven hundred thousand hectares. Further it was guaranteed that afforestation license would have validity for maximum 95 years, which laid the foundation for long-term stable investments for afforestation projects. Forest law of Indonesia consists of Presidential decree and Governmental decree as superior regulations and Minister's decree as subordinate regulations, being made up of total 17 chapters. Forestry Minister's decree was amended at end of last year, as regards license for exploitation of timber and forestry products in afforestation area. In the past, such license to develop and use timber and forestry products had been granted under Forestry Minister's decree No. P 11 / Menhut-II / 2008. After the amendment in 2010, however, the ground was shifted to Forestry Minister's decree No. P 50 / Menhut-II / 2010, trimming the procedure to obtain afforestation license into a little simplified one.

The effect of national IP enforcement on the IP management strategies of firms: the case of India and China

Many empirical studies on the effect of a nations' intellectual property institution (IPI) on the international activities of firms rely upon various indices, or measures, of IP strength. These are generally derived from a nation's substantive and subordinate laws and regulations that govern terms of IP protection and enforcement procedures. However, most extant measures focus on the strength of IP 'protection' in countries and are weak at capturing the IP 'enforcement' dimension. This study investigates and compares institutional enforcement behaviour in India and China as experienced and perceived by British firms and how this influences their IP management strategies. Findings indicate that institutional enforcement behaviour has a greater impact on firms' IP management strategies than do enacted IP protection and enforcement laws and regulations. New IP measures may be needed that better capture this important dimension.

Do the Opinions Expressed by the Conseil D'Etat in its Capacity as Legal Adviser to the Government Influence Policy?

My title for this article reflects a very proper question for a foreign audience which has become more familiar than in the past with the dual (consultative and judicial) role of the French Conseil d'etat. For many years, interest in Britain focused on the judicial function of the Conseil. More recently, attention has shifted to the activities of the “sections administratives”, which involve the screening and the drafting of all the proposed legislation and the essential part of subordinate regulations prepared by government. I have the feeling this interest is probably fuelled by the recent constitutional changes in the United Kingdom, and the need to prevent legal difficulties cropping up between different and new political bodies.