scholarly journals Private vs. Public Principles in the Regulation of Physical Culture and Sports Relations

2021 ◽  
Vol 2021 (3) ◽  
pp. 251-258
Author(s):  
Ekaterina Kovalenko ◽  
Nadezhda Tydykova
Keyword(s):  
Criminal Liability ◽  
The State ◽  
Physical Culture ◽  
Structural Method ◽  
Modern Theory ◽  
Sports Law ◽  
Public And Private ◽  
Private Partnership ◽  
Legal Method ◽  
Private And Public

The research objective was to find the optimal ratio of private and public principles in the regulation of physical culture and sports relations. The authors used the method of induction to analyze the general approaches to the essence of private and public principles in the modern theory of law. At the present stage, their optimal balance is necessary. The systemic-structural method made it possible to present private and public aspects through their specific manifestations, i.e. institutions of responsibility, control, and partnership. The methods of critical analysis were used to question some of the official positions regarding the institution of public and private partnership and the strengthening of criminal liability. The comparative legal method demonstrated the similarities between the ongoing processes in the sports law abroad and in Russia. The public principles in the regulation of sports relations need to be expanded by expanding the scope of social functions of the state. Some specific cases provided a positive assessment of the increase in the private law mechanisms in terms of the relative autonomy of various sports and the development of the institution of public and private partnership. An appropriate legislative framework would guarantee the rights and legitimate interests of private investors and help the state to achieve socially significant goals. The research results can expand the scientific understanding of sports law and serve as material for lawmaking. Thus, the balance of private and public principles in the regulation of physical culture and sports relations is in the shift of the role of the state from control towards the expansion of obligations to implement its social function. However, the expanding scope of private methods, which is natural for this stage, requires restrictions.

scholarly journals Sports Law in the System of Russian Law

2021 ◽  
Vol 2021 (2) ◽  
pp. 174-181
Author(s):  
Elena Kovalenko ◽  
Nadezhda Tydykova ◽  
Olga Shavandina
Keyword(s):  
Social Relations ◽  
Physical Culture ◽  
Structural Method ◽  
Sports Law ◽  
Scientific Publications ◽  
Legal Method ◽  
Foreign Countries ◽  
The Russian Federation ◽  
Russian Law ◽  
Interpretation Method

The research objective was to substantiate the concept of sports law as an independent branch of Russian law. Using the induction method, the authors analyzed the general approaches to understanding any branch of law. They believe that, at the present stage, sports law can be considered a complex branch of law. The systemic-structural method made it possible to present sports law not only through its subject and method, but also through sources, principles, and other attributes. Some of the positions expressed in the scientific publications were questioned by the methods of critical analysis. They used the comparative legal method to analyze the positive foreign experience. As a result, they obtained an authentic concept of sports law. They also defined the groups of social relations, their general characteristics, interpretation method, the concept of sports legal relations, etc. The field of sports legislation needs legal codification. A Sports Code of the Russian Federation would be a logical solution to the problem. It should unite the positive experience of foreign countries. Sports law is a complex branch of Russian law. Its subject is relations in the field of physical culture and sports. This branch of law uses both dispositive and imperative methods. The newly developed system of sources of sports law requires systematization, improvement, and legal codification. The results obtained can be used to expand the scientific understanding of sports law and as a material for lawmaking.

scholarly journals SUPPLY AND DEMAND FACTORS OF THE STATE AND BUSINESS ON PUBLIC AND PRIVATE PARTNERSHIP

2021 ◽  
pp. 126-132
Author(s):  
T. V. Tischenko
Keyword(s):  
Public Procurement ◽  
Supply And Demand ◽  
The State ◽  
Public And Private ◽  
Private Partnership ◽  
Factors Affecting ◽  
Private And Public ◽  
The Subject ◽  
The Russian Federation ◽  
Near Future

The subject of the study is public–private partnership (hereinafter – PPP) mechanisms in the modern economy of the Russian Federation. The article considers economic factors affecting the demand for PPP mechanisms in Russia from the state and business. The paper carries out a comparative assessment of the supply and demand of PPP and alternative mechanisms of interaction between the state and business. The study reveals that PPP does not have significant advantages in comparison with traditional public procurement or leasing. According to the results of the study, the author makes a forecast that in the near future we should expect a significant reduction in the volume of private and public co-financing of projects implemented on the basis of PPP. Assumption by state additional obligations to finance projects in the absence of budget restrictions can increase the demand for PPP on the part of business.

scholarly journals Legal Basis of State Support for Creating Innovative Medicinal Products

2021 ◽  
Vol 81 (2) ◽  
pp. 21-26
Author(s):  
S. V. Vasyliev
Keyword(s):  
Pharmaceutical Industry ◽  
Scientific Research ◽  
Legal Regulation ◽  
The State ◽  
Medicinal Products ◽  
State Support ◽  
Public And Private ◽  
Development Fund ◽  
Private Partnership ◽  
The Creation

The study is focused on the legal regulation of state support for the creation of innovative medicinal products. Establishment of the measures of state support for scientific research for creating innovative medicinal products within legislative acts and by-laws should help to increase the competitiveness of the pharmaceutical industry in Ukraine. The government declares the provision of support for scientific research in the field of creating innovative medicinal products. The legislation establishes the conditions for registering an innovative project, provides the maintenance of the Register of scientific institutions that received the state support. A detailed characteristic of the existing means of the state support for scientific research in the pharmaceutical industry is provided. The state supports innovations by establishing tax incentives for research institutions and providing funding for some innovative projects. Support for innovations is carried out by the State Innovative Financial and Credit Institution, the National Research Fund of Ukraine and the Innovation Development Fund. Funding for the creation of innovative medicinal products can be realized through public and private partnership. The scholars have declared their propositions regarding the introduction of specific measures of the state support for innovations in the field of creating new medicinal products. It has been offered to amend the current legislation on the issues of state funding of scientific research in the sphere of developing new medicinal products. It is necessary to delineate the competence of various funds for promoting innovations in relation to supporting innovations in the field of pharmacia. It is important that the law should provide the procedure and conditions for supporting public and private partnership projects at the expenses of funds for promoting innovations.

scholarly journals COVID-19 in the Brazilian Oil Capital: the successful experience of public and private engagement

2021 ◽  
Author(s):  
Natália Martins Feitosa ◽  
Bruno da Costa Rodrigues ◽  
Ana Cristina Petry ◽  
Keity Jaqueline Chagas Vilela Nocchi ◽  
Rodrigo de Moraes Brindeiro ◽  
...  
Keyword(s):  
Rio De Janeiro ◽  
The State ◽  
Public And Private ◽  
First Semester ◽  
Oil Companies ◽  
Scientific Analysis ◽  
Private And Public ◽  
Successful Approach ◽  
Spatial Cluster Analysis ◽  
State Capital

Abstract Background Brazilian strategy to overcome the spread of COVID-19 has been particularly criticized due to the lack of a national coordinating effort and an appropriate testing program. Here, a successful approach to control the spread of COVID-19 transmission is described by the engagement of public (university and governance) and private sectors (hospitals and oil companies) in Macaé, state of Rio de Janeiro, Brazil, a city known as the National Oil Capital. Methods Until the 38th epidemiological week, over two percent of the 206,728 citizens were subjected to symptom analysis and massive RT-qPCR testing by the Federal University of Rio de Janeiro, with positive individuals being notified up to 48 hours after swab collection. Geocodification and spatial cluster analysis were used to limit COVID-19 spreading in Macaé. Findings: Within the first semester after the outbreak of COVID-19 in Brazil, Macaé recorded 1.8% of fatality associated to COVID-19 up to the 38th epidemiological week, which was at least five times lower than the state capital (10.92%). Overall, considering the successful experience of this joint effort of private and public engagement in Macaé, our data suggest that the development of a similar strategy country wise would have saved over 50,000 lives. Interpretation: Quarantine decree by the local government, molecular massive testing coupled to scientific analysis of COVID-19 spreading prevented the catastrophic consequences of the pandemic as seen in other populous cities within the state of Rio de Janeiro and elsewhere in Brazil.

scholarly journals Protection of the subsoil of the continental shelf of Ukraine by international and national instrumentalities

2021 ◽  
pp. 186-190
Author(s):  
V. V. Chumak ◽  
O. O. Khan ◽  
I. V. Bryhadyr ◽  
K. V. Kysylova
Keyword(s):  
Continental Shelf ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
Structural Method ◽  
Legal Norms ◽  
Foreign Companies ◽  
Legal Method ◽  
Legislative Changes ◽  
State Protection

Purpose. Identification of international and national mechanisms for protection of the subsoil of the continental shelf of Ukraine and provision of scientifically sound recommendations for improving the legal regulation of their application. Methodology. During the study, the dialectical method was used to learn the essence of such a phenomenon as the protection of the subsoil of the continental shelf; the system-structural method when analyzing objective and subjective features of the crime under Part 2 of Art. 244 of the Criminal Code of Ukraine; the comparative-and-legal method in the study on the sanction of Part 2 of Art. 244 of the Criminal Code of Ukraine; the logical and dogmatic method when developing recommendations for improving legal norms. Findings. As a result of the study, mechanisms of protection of the continental shelf of Ukraine were determined. The necessity of improvement of the legislative base regulating the order of their realization is proved. Originality. The international legal and national mechanisms of state protection of the continental shelf of Ukraine are determined. In order to improve the state protection of the continental shelf, legislative changes to Part 1 of Art. 26 of the Subsoil Code of Ukraine, Part 2 of Art. 244 of the Criminal Code of Ukraine and Part 2 of Art. 216 of the Criminal Procedure Code of Ukraine are suggested. Practical value. Proposals to improve the current legislation of Ukraine are presented aimed at improving the efficiency of the State Service of Geology and Subsoil of Ukraine, the National Police, the Security Service of Ukraine and the judiciary to protect the subsoil of the continental shelf of Ukraine from illegal use by foreign companies.

scholarly journals RELAÇÃO PÚBLICO-PRIVADO NA EDUCAÇÃO BÁSICA: a democratização da educação?

2017 ◽  
Author(s):  
Vera Maria Vidal Peroni
Keyword(s):  
Public Education ◽  
Educational Policy ◽  
Public Private Partnership ◽  
The State ◽  
Social Rights ◽  
Public And Private ◽  
Private Partnership ◽  
Role Of The State ◽  
Brazilian Case

O artigo trata das redefinições no papel do Estado, que reorganizam as fronteiras entre o público e privado e materializam-se das mais diferentes formas na educação básica pública, e suas implicações para o processo de democratização da educação. No caso brasileiro, muito lutamos no período de abertura política pela democratização com direitos sociais materializados em políticas. Mas, ao mesmo tempo em que avançamos nos direitos conquistados, também foi naturalizado que o Estado não seria mais o principal executor.Palavras-chave: parceria público-privada em educação; política educacional; democratização da educação.The article deals with the redefinitions of the role of the state, which reorganize the boundaries between public and private that materialize in many different forms in basic public education, and their implications for the process of democratization of education. In the Brazilian case, we have struggled so hard since the so-called ‘opening period’ of political democratization with social rights materialized in public policies. However, while we have advanced in the conquered rights, at the same time the idea of the State as the main provider no longer prevails.Keywords: public-private partnership in education; educational policy; democratization of education

scholarly journals Priority-partnership approach as a mechanism for encouraging investment activities at the railway transport

2019 ◽  
Vol 67 ◽  
pp. 04014
Author(s):  
Oleg Vasyliev ◽  
Volodymyr Volokhov ◽  
Inna Volokhova ◽  
Olena Lukianova ◽  
Hanna Zhovtiak
Keyword(s):  
Global Economy ◽  
Structural Changes ◽  
Public Private Partnership ◽  
The State ◽  
Railway Transport ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
Modern Economic ◽  
Partnership Approach

Modern economic conditions and the integration of the national economy into the global economy require structural changes and a search for a new model of relationship between the public and private sectors. The relevance of this article is determined by the fact that the existing scientific concepts have not formed a general understanding of the theoretical aspects for the implementation of public-private partnership at the railway transport, have not established development priorities and tasks of the state in the implementation of the mechanism of public-private partnership at the railway transport. Realization of the projects capable of maintaining implementation of the development priorities of the railway industry requires significant investments of private business and financial, organizational and legal support of the state. The authors substantiate the necessity of using public-private partnership at the railway transport of Ukraine for solving the most urgent current problem – renewal of the material and technical resources and bringing them in line with the requirements of the leading European countries. The proposed priority-partnership approach and the obtained results open up new opportunities for further research into the solution of the problem regarding the implementation of public-private partnership at the railway transport.

scholarly journals FEASIBILITY STUDY OF PUBLIC-PRIVATE PARTNERSHIP / VIEŠOJO IR PRIVAČIOJO SEKTORIŲ PARTNERYSTĖS GALIMYBIŲ ANALIZĖ

2011 ◽  
Vol 15 (3) ◽  
pp. 257-274 ◽  
Author(s):  
Ieva Meidutė ◽  
Narimantas Kazimieras Paliulis
Keyword(s):  
Dispute Settlement ◽  
Public Procurement ◽  
Legal Framework ◽  
Public Private Partnership ◽  
Public Infrastructure ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
Private And Public ◽  
Dispute Settlement Procedure

Public-private partnership may cover various forms of partnership, viz. as the property of the private sector in the state of municipal activities or information and consultations between the public and private sectors, also as an unconventional method of public procurement when the public and private sectors enter into a long-term contract on the establishment of public infrastructure or the provision of public services. The most important thing in implementing PPP projects is to properly draw up the contract between the public and private partners, which should explicitly state all terms and conditions, undertakings and liabilities, evaluate risks, determine the payment mechanism and dispute settlement procedure, etc. In order to reduce any risk associated with such projects, a proper legal framework should be developed, which would provide liabilities and undertakings of both parties of the project (the private and public sectors), and more information should be disbursed as to how such projects are being implemented, what the structures of financing are, and what the benefit of such projects is. Santrauka Viešojo ir privačiojo sektorių partnerystė gali apimti įvairias partnerystės formas: kaip privačiojo sektoriaus nuosavybė valstybės ar savivaldybių veikloje ar informavimas ir konsultavimas tarp viešojo ir privačiojo sektorių, taip pat kaip netradicinis viešujų pirkimų būdas, kai sudaroma ilgalaikė sutartis tarp viešojo ir privačiojo sektorių dėl viešosios infrastruktūros sukūrimo ar viešųjų paslaugų teikimo. Vykdant VPP projektus būtina tinkamai parengti sutartį tarp viešojo ir privataus partnerio, kurioje turi būti vienareikšmiškai apibrėžtos visos sąlygos, įsipareigojimai, atsakomybė, įvertintos rizikos, atsiskaitymo mechanizmas, konfliktų sprendimo tvarka ir t. t. Siekiant sumažinti bet kokią su tokiais projektais susijusią riziką, reikia suformuoti tinkamą teisinę bazę, kuri numatytų abiejų projekto šalių - tiek privačiojo, tiek valstybinio sektoriaus - atsakomybes ir įsipareigojimus, bei teikti daugiau informacijos, kaip tokie projektai vykdomi, kokios finansavimo struktūros, kokia gaunama nauda.

scholarly journals ECONOMICS OF JUSTICE: THE STATE WEAL AND THE BENEFITS OF A PRIVATE PERSON

2017 ◽  
Vol 3 (3) ◽  
pp. 5-17
Author(s):  
Виктор Момотов ◽  
Viktor Momotov
Keyword(s):  
Economic Efficiency ◽  
Legal Aspect ◽  
The State ◽  
Financing System ◽  
Public And Private ◽  
Case Load ◽  
Private Interests ◽  
Administration Of Justice ◽  
Private And Public ◽  
Anglo American

The economic component of the courts’ activities on the administration of justice is a complex issue that, unfortunately, still remained outside the field of view of the Russian researchers. The court financing system, as well as mechanisms to improve the economic efficiency of the administration of justice are topical issues of the modern legal orders, which are closely associated with the principle of independence of judges and the guarantees of independence. Justice is a point of collision of public and private interests, that is why the question of the relation of these interests within the economy of justice is particularly relevant. The purpose of this study is to identify trends in economic aspect of the activity of courts from the standpoint of the ratio between private and public interests both in Russian and in foreign legal systems of Continental-European and Anglo-American legal families, as well as determining the future prospects of such development. The objective of the study is to analyze the financing systems of the judicial system and mechanisms to improve the economic efficiency of the administration of justice, including the optimization of the case load, the introduction of e-justice, regulation of the state fee. To achieve the goals and objectives of the study can be applied a systemic-structural, comparative legal, historical, systemic and statistical methods and scientific methods of induction and deduction. As the results of the study were identified the main models of financing of the judiciary and tendencies of their development, the problem of the case load and ways for its reduction were considered in comparative legal aspect in present article. Also the author has taken an assessment of institutions of electronic justice and state duties, as well as their role in improving the economic efficiency of the courts. On the basis of these results the author has made a few suggestions for the further development of the proceedings.

scholarly journals SPORTS LAW AT THE CURRENT STAGE OF CHANGES AND REFORMS OF THE CURRENT LEGISLATION OF UKRAINE

2020 ◽  
pp. 29-34
Author(s):  
T.A. Kobzeva ◽  
I.O. Kulish
Keyword(s):  
Social Life ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Physical Culture ◽  
Law Firm ◽  
Sports Law ◽  
Management Culture ◽  
Political Processes ◽  
Domestic Legislation ◽  
Good Signal

By the beginning of the new millennium, a common understanding of the role and place of sport in the state, society and personality had developed in the world’s leading countries. Being an integral part of social life, sport is often called the socio-economic phenomenon, one of the most important parts of the foundations for building modern social values and culture. Sport is a social phenomenon that has a tremendous impact on various spheres of society: economy, management, culture, education, international relations, political processes, and, most importantly, the nation’s health. Today, the country is in a fragile phase of development and change. We have never before been able to change the internal situation and system. But it is important to focus not only on general issues but also on more everyday ones such as sports. The level of development of sport is always an indicator in the world of the country’s development on the international stage, the health of the nation and its spiritual and patriotic filler. Today, sports law in the country is just beginning to develop and become established, but it can already be seen that almost every leading law firm in the country provides services in the field of sports law separately. Unfortunately, there is almost no legal regulation in the field of sports in Ukraine. Recently, however, both administrative and criminal liability have been introduced for some violations, which is a good signal. It is necessary to cover the analysis and improvement of the legislation, because only in this way will the legal and actual development of the industry be achieved. The analysis of national and foreign legislation, works of scientists is carried out in this work, and directions of further reformation and development of the field of sports and physical culture are developed. The correlation of the norms of the domestic legislation with the norms of the international legislation and the introduction of the necessity of introducing our state into the international sports institutions are also analyzed. Developing approaches will help develop amateur and professional sports, take another step in the fight against corruption and improve society. Keywords: sports, sports law, international sports law, physical culture, Olympic Committee, doping, administrative management, corruption, health.

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