Modern approaches to ensure the welfare of productive animals Veremchuk, Ya. Yu
Науковий вісник Львівського національного університету ветеринарної медицини та біотехнологій імені С.З. Ґжицького: Серія Ветеринарні науки,
06/2023, Volume:
25, Issue:
110
Journal Article
Peer reviewed
Open access
Animal welfare is a multifaceted issue of international and state policy, which requires a socio-economic, religious, and cultural approach, must consider international trade features, and must ...correspond to the vector of development of modern society. The new global plans and challenges of the animal protection community are to help feed the world healthily and sustainably that takes face the needs of people and is safe for animals. The protection and provision of animal welfare depend on the species differences of agricultural and productive animals, which are determined by physiological, biochemical, and behavioral factors, as well as on the differences between climatic zones, which are analyzed in the article. Modern animal husbandry systems must meet the latest knowledge about stress and be based on the science of ethology, comply with the concept of the “Five freedoms” of the welfare of productive animals, based on which a system of clear standards of animal welfare has been developed and implemented as a component of national and international public policy, commerce, and trade. However, animal welfare science continues to develop and deepen our understanding of the interaction between humankind and agricultural species by integrating ethological, physiological, and biochemical methods, methods of assessing the genotype, and its interaction with the environment into the systems for assessing the quality of animal welfare. The assessment includes measuring the artificial impact of farm conditions, microclimate, etc., on the general animal’s welfare and the interaction between individuals in the middle of a limited population. An important factor that has affected animal welfare recently is the restrictions introduced due to the COVID-19 pandemic, which affected feed supply chains, animal transportation, and limited access to high-quality veterinary services. In recent years, Ukraine has been actively implementing the international experience of animal welfare regulation into domestic legal acts. It continues harmonizing with the European Union's legal system, which covers animals' welfare during their keeping, transportation, and slaughter. A key element on the way to the practical application of the principles of animal welfare is the training of specialists – doctors of veterinary medicine, who would be aware of the importance and necessity of such approaches in their daily professional activities.
An urgent task for the Russian Federation today is the development and legal support of digitalization of public administration. Purpose: to analyze gaps in legal regulation of certain aspects of ...digitalization of public administration and find solutions to address them. Methods: empirical methods of analysis, interpretation, synthesis and comparison; theoretical methods of formal logic and philosophy of law; specific scientific methods: normative, legal forecasting and interpretation of legal norms. Results: the study reveals the problems of legal regulation of digitalization of public administration. At the heart of any digitalization are digital technologies, the introduction of which also determines the processes of digitalization of public administration. The legal regulation of digital technologies lags far behind realities because of the lack of a uniform legal understanding of digital technologies. As the main condition for further effective digitalization of public administration in Russia, the author calls the development of normative legal regulation of digital technologies.
The guarantee of ensuring the right to access public information is an important condition and criterion for functioning in a legal democratic state. In addition, realizing the right to access public ...information is essential for preventing and detecting corruption. The purpose of this work is to analyze international legal rules and standards, as well as to provide some examples of the practice of the European Court of Human Rights in the context of the implementation of the right to access public information. It has been established that the right to access public information is a component of the human right to information and is a fundamental constitutional human right. The existing practice of the European Court of Human Rights confirms the importance of protecting the right of access to public information. It indicates to states that it is mandatory to comply with it, the expediency of applying an effective system of control measures to implement the right under study. The paper analyzes theoretical and legal approaches to understanding the human right to access public information and determines its place in human rights. An analysis of the practice of the European Court of Human Rights regarding the right to access public information made it possible to identify existing shortcomings in the legislation of the Member States and Ukraine and to find ways and methods for solving such problems and prospects for preventing such violations in the future, as well as the possibility of applying the decisions of the European Court of Human Rights to improve the current domestic legislation in this area.
Purpose. To assess the effectiveness of legal management and regulation of professional participants based on the analysis of legislative, regulatory and legal documents that ensure the formation, ...regulation and prevention of illegal actions in the domestic stock market, as well as identify areas of cooperation with government agencies in stock market development and mediation. Methodology. In the process of research, general research methods and techniques were used, in particular: analysis and generalization to identify regulations governing the activities of professional stock market participants; analytical method to compare the effectiveness of cooperation of the National Securities and Stock Market Commission with anti-corruption organizations, synthesis to assess the completeness and effectiveness of existing legislation governing the activities of professional participants. Findings. The peculiarity of legal management and regulation of professional participants is determined; the classification mark of professional stock market participants and their activities (types of services) is formed in accordance with the National Commission on Securities and Stock Market, namely: investment firms, trade organizers (stock exchanges), clearing institutions, mortgage managers, depository institutions, companies with asset management. An analysis is performed of the effectiveness of certain laws, including the Law of Ukraine On Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime, Terrorist Financing and Financing the Proliferation of Weapons of Mass Destruction, which reduced corruption and sanctions during 20172020 and the Law of Ukraine On licensing of economic activities, which is a lever in the field of regulation and maintenance of transparency of professional market participants, prevention of illegal actions. The mechanism of cooperation of professional participants with state bodies as a component of legal management on the basis of SMIDA activity is developed. Originality. It consists in defining the areas of legal management and regulation related to the activities of professional participants in the stock market and developing mechanisms for interaction of professional participants with government agencies based on transparency, information and competitiveness. Practical value. The proposed directions of cooperation and interaction of professional participants with government agencies, in particular SMIDA and NSSMC, as part of legal management and legal support, will optimize the standards of exchange activity and development of stock trading, reduce corruption and shadowing.
Normative-Legal Regulation of Clustering in Ukraine Oleksandr Nosov; Tetiana Chernychko
Науковий вісник Мукачівського державного університету. Серія Економіка,
06/2019, Volume:
6, Issue:
1
Journal Article
Peer reviewed
Open access
The concept of clustering of the national economy as a process of creation clusters (their systems) and other network structures within the national economy of the country has been considered in the ...article, its importance for the development of the national economy (it provides increase of the competitiveness of the national economy, strengthening of its innovative component, improvement of the quality of education, coordination of interests power and business structures, etc.). According to the results of the study of the largest industrial clusters, the study of the problems of the clusterization of the national economy has been marked by the lack of normative-legal framework and the negative influence of the legislative factor on it. Legislation in the field of innovation (clusterization) is not systemic, it is dominated by numerous disparate sub-legal acts. The purpose of the paper is to determine the directions of development of the normative-legal field of clusterization and to formulate recommendations for its provision. As a result of research of the largest clusters, the underdevelopment of the legal and legislative field of clusterization and the negative influence of the legislative factor on it have been determined. The article contains recommendations on the development of the regulatory legal field of clusterization in four directions: the development (adoption) of separate laws and regulations, the definition of changes to the current legislation in the field of clusterization, the introduction of amendments to many normative legal acts, the effect of which is related to regulation of national economy, adherence to the norms of international law. Scientific novelty consists in systematization of approaches and directions of development of the legal and regulatory field of clusterization. The practical significance of the research carried out is to formulate practical recommendations aimed at developing a legal framework for clusterization, taking into account the existing world experience. The article proposes amendments to the Law of Ukraine «On Priority Areas of Innovation Activity in Ukraine» and «On Stimulating the Development of Regions» on the implementation of cluster policy. The adoption of the Law of Ukraine «On Innovative Structures» has been substantiated and it has been proposed to include clusters. In further research on the problem, modeling of clustering of the economy in the conditions of innovation development should be carried out
The presented review gives a general assessment of the monograph by the famous Russian scholar, a specialist with significant practical experience, Doctor of Legal Sciences, Professor Petr Pavlovich ...Serkov. The philosophical and legal orientation of the study is stated, the key provisions and conclusions of the author are evaluated, the prospects for further scientific and practical use of the results are noted. In the first part of the review, the specifics of the subject of research determined by P. P. Serkov are considered. It is noted that the latter is many times wider than the subject of legal relations in the usual sense for a modern lawyer. The title of the monograph is due to the fact that the author of the work gives this category a special place, recognizing it as the fundamental basis of the system of legal regulation. Attention is drawn to the breadth and diversity of the illustrative material, the originality of the methods used by the Author of setting research problems and formulating scientific questions, determining methods for solving them, choosing the form and style of presenting the results. Numerous references to the text of the monograph are given to substantiate the conclusions, and brief generalizations are formulated. The second section of the work is devoted to the style of presentation of scientific material, focuses on its influence on the perception of the text and its content. It is noted that this feature makes the text more vivid, figurative, but at the same time significantly complicates the work with it, makes it difficult to accurately understand the Author’s idea. The third section reflects the features of the structure of the work. The review draws attention to the non-standard approach of Petr P. Serkov to the naming and mutual arrangement of structural elements, to the intractability of certain scientific questions formulated by Petr P. Serkov. The method of argumentation used by the Author by means of references to the unprovenness of one or another thesis is especially noted. The controversial provisions of the monograph are noted. The reviewer does not share the Author’s skeptical attitude to the methodology of modern legal science, his opinion on the need to revise the role of the abstraction method in scientific legal research, on the place of legal relations in the structure of legal matter, and on a number of other scientific issues.
The problem of legal regulation of interaction between the prosecutor’s office and public administration entities on the issues of performing the assigned functions has been studied. The research is ...based on studying such legislative acts as the Constitution of Ukraine, Laws of Ukraine “On Central Executive Agencies”, “On the Prosecutor’s Office”, “On the Status of MPs of Ukraine”, “On Temporary Investigative and Special Commissions of the Verkhovna Rada of Ukraine” and other legislative acts and bylaws regulating the interaction of the prosecutor’s office with state authorities.
The interaction of the prosecutor’s office with public administration entities has been defined as the procedure of appeal of the prosecutor’s office to the executive authorities, which is regulated by law norms, as well as the procedure of consideration of the appeals of MPs and representatives of the executive authorities in the prosecutor’s office.
The authors have established the following main directions of the interaction between the prosecutor’s office and the state authorities: consideration of Mps inquiries by the prosecutor’s office, participation of prosecutors in the work of investigative commissions and temporary special commissions of the Verkhovna Rada of Ukraine, interaction of the prosecutor’s office with the Accounting Chamber of the Verkhovna Rada of Ukraine, prosecutors’ representation of state interests in the court by presenting lawsuits within administrative, commercial or civil proceedings, interaction of the prosecutor’s office with the judicial branch of power in the process of judicial system, coordination of law enforcement activity, informing the representative authorities about the results of the activity of the prosecutor’s office and the rule of law in the state and individual territorial community.
Improvement of legal principles of cooperation between prosecutor’s office and public administration entities can take place in such areas as bringing the provisions of the Law of Ukraine “On the Prosecutor’s Office” in line with the Constitution of Ukraine, development of a common form of request to all prosecutor’s office in regard to represent the interests in court, establishment of uniform terms for all authorities to consider their requests by the prosecutor’s office, establishment of a separate norm in the Law of Ukraine “On the Prosecutor’s Office” that would regulate the procedure and conditions of coordination of law enforcement activities of other authorities by the prosecutor’s office.
Research reveals the legal problems that arise due to the rapid pace of development of additive technologies (3D printing) in biomedicine (bioprinting). The purpose of the research is to analyze the ...legislation that defines the legal regime of additive technologies, identify the main gaps in regulation, carry out a comparative legal study, which allows to formulate recommendations to improve Russian legislation. Special strategies are used as an object of comparative research; they contribute to fix the priority development of 3D printing. The employed methods are as follows: the method of analysis of legal regulation, comparative legal and formal legal. Results. Attention is paid to the main trends and risks of progress in this direction, which are reflected in decentralization of production; improving its efficiency and reducing waste; reduction of development time and their introduction into mass production with a simultaneous rise in quality of the finished product; expanding the population's access to material goods; minimizing the state control. Particular attention is paid to the legal assessment of the applicability of bioprinting in transplantology, the manufacture of implants, surgical planning, and the use of printed organs for experiments. Conclusions: when adjusting the legal framework, institutional readiness should be taken into account - the ability of the entire Russian healthcare system to use additive technologies properly (which will require significant changes in healthcare legislation). An independent direction is the use of bioprinting in the testing of drugs. 3D printing creates small organ-like structures (they are called organoids) on which experiments can be carried out for the screening of pharmaceuticals. This will require changes in the legal regime for the circulation of medicines, as well as the main functions of the state regulator (the Russian Ministry of Health and Roszdravnadzor). It is noted that additive technologies make it possible to manufacture medicines, but world experience indicates a cautious attitude towards this type of production. Research argues for the need to follow a risk-based approach in the legal regulation of bioprinting, as well as to introduce the general approach of Hospital Exemption (pharmaceutical exclusion) used in the countries of the European Union, as well as some other countries aimed at the development of regenerative medicine.
This article explores the different ways in which local governments apply TDR in the absence (uncertainty) of a legal framework and its consequences, focusing on the case of Istanbul in Turkey. ...Municipalities have implemented mandatory and voluntary TDR through plan notes. For this, the council decisions of Istanbul Metropolitan Municipality are examined, and it is determined which district municipalities use TDR through the plan notes. Semi-structured interviews with a total of 15 actors determined by snowball sampling were used to understand the reasons behind such use. Besides, the use of TDR in Bahçelievler and Arnavutköy districts, one of which is the central district and the other is the periphery district with both widely using TDR, and also examples of districts implementing mandatory or voluntary TDR types by plan notes are examined. The used type of TDR is an alternative for the acquisition of social and technical infrastructure needs in the city, is more open to market influence, and has a voluntary basis.
•TDR based on the legal regulation is not commonly used in Turkey.•TDR is implemented in a legally uncertain context through the plan note.•This type of TDR is seen as an alternative tool for the acquisition of urban infrastructure.•This type of TDR is more open to market influence and has a voluntary basis.•Consequences of such use of TDR are difficult to control.
Modern technologies used in law enforcement activities are designed to ensure a rapid and effective process of legal regulation of public relations and optimization of legal reality. Purpose: to ...study the features of law enforcement as a specific legal activity having certain goals, stages, forms and methods, which allows characterizing it as a specific type of legal technology. Methods: in the process of work, such methods of cognition are applied, as logical - when substantiating the main directions of the research, formal-legal - when revealing the features of the application of law as a specific type of legal technologies, presentation - when summing up this study. Results: law enforcement is a special type of legal activity aimed at making an act ofapplication of the law, the creation of subjective rights, obligations or measures of state coercion of specific subjects of law. Taking into accountthe features of legal technology as a phenomenon and the specifics of law enforcement activity, law enforcement can be interpreted as a specific typeof legal technology within the national legal system and legal regulation of social relations.
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