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MAIN PAGE > Journal "Legal Studies" > Contents of Issue є 01/2022
Contents of Issue є 01/2022
Ёкологическое и земельное право
Kudelkin N. - The Arctic and global warming: adaptation to climate change and environmental protection pp. 1-16

DOI:
10.25136/2409-7136.2022.1.37049

Abstract: The subject of this research is the legal norms that regulate social relations arising in the context of implementation of measures aimed at global warming prevention and adaption to climate change. The goal of this work lies in formulization of theoretical and practical conclusions and recommendations for the improvement of legal regulation in this sphere based on the analysis of legislation, policy documents of different countries, as well as information and data pertinent to climate change. Methodological framework is comprised of the logical techniques, means of cognition, general scientific and special methods, such as analysis, synthesis, analogy, deduction, induction, comparative-legal, formal-legal,  etc. The relevance of this topic is substantiated by the continuous global warming worldwide, particularly the temperatures in the northern polar region. At the same time, the experts note that the efforts made by the international community to reduce greenhouse gas emissions neither decelerate the global warming, nor reduce the concentration of such gases. This means that that the efforts should be aimed at adaptation to the new climatic realities. The article examines the questions related to climate protection, as well as adaptation to climate change applicable to the Arctic. A number of theoretical and practical conclusions and recommendations are made. For protection of the Arctic environment in the conditions of changing climate, it is necessary to stipulate in the Russian legislation such legal instrument as the strategic environmental assessment, at least for projects implemented in the Arctic Zone of the Russian Federation.
—емейное право
Kurchinskaya-Grasso N. - Establishment of the limits of government interference in parent-child relations pp. 17-32

DOI:
10.25136/2409-7136.2022.1.37274

Abstract: This article carries out a comparative legal analysis of government interference in relations that fall under the concept of “parental responsibility”: custody rights, visitation and access rights, omitting the material-legal aspect of parent-child relations. The subject of this research is the legal structures of Germany and the United States, which are both federative states, and one of their functions is protection of the rights of the child. The article examines the practice of courts on allocation of rights and responsibilities of parents in relation their children in common. Two fundamentally different approaches towards government intervention in parent-child relations are presented: from getting out of these relations at the discretion of the subjects of law, to active participation of the government in structuring of parent-child relations. The author notes such trends of government interference in family affairs as: 1) the creation of specialized bodies for ensuring parental responsibility and their separation from the state; 2) increase of specialization of the courts on the issues of allocation of parental responsibility; 3) reduction of the formal approach towards allocation of parental responsibility. Emphasis is placed on the active use by the courts of Germany and the United States of the decisions that oblige the commission of certain actions, and the availability of extensive toolset for influencing the behavior of the subjects of parental responsibility.
Ёкологическое и земельное право
Rednikova T.V. - Relevant trends in the formation of a single legal space in the Arctic region in the sphere of environmental protection and conservation of biodiversity of the region pp. 33-42

DOI:
10.25136/2409-7136.2022.1.37285

Abstract: The circumpolar location of the Arctic region and the unity of its natural environment substantiates the need for the formation of unified approaches towards its protection, which is complicated by the differences in the legal systems of the Arctic Council member-states. Moreover, a growing number of non-Arctic countries claim to implement their scientific, economic or other activities in the region, which necessitates the creation of a single legal regime aimed at environmental protection in the region. Despite the negative changes in environmental situation of the Artic that took place in recent decades, the region still has the unique potential of flora and fauna resources, the conservation of which is one of the priority tasks. With regard to the living resources of the Arctic, the formation of unified approaches in the legislation of the Arctic states towards their conservation and use should be carried out in several directions, among which is the legal protection of ecosystems and individual species, rational use of natural resources and traditional natural resource management of the indigenous population, development of the comprehensive system of environmental monitoring, and control over the advancement of Arctic tourism. Despite certain difficulties that currently exist on the intergovernmental level, the problems of environmental protection of the Arctic zone, the solution of which due to its circumpolar location and single natural space determines the sustainable development of the Arctic Council member-states, would contribute to strengthening of cooperation and adoption of concerted decisions, including on the legislative level and formation of a single legal space in the region in the indicated sphere.
State institutions and legal systems
Lolaeva A.S. - Peculiarities of the activity of public authorities within the framework of the development of e-government system pp. 43-50

DOI:
10.25136/2409-7136.2022.1.37369

Abstract: This article examines the peculiarities of the activity of public authorities within the framework of the development of e-government system. The relevance of the selected topic is substantiated by the fact that the process of implementation of e-government in the Russian Federation should take place in the conditions of formatting the existing system of public administration. This requires the modernization of government bodies, i.e. creation of comprehensive electronic system for interaction of the public and municipal authorities with the population. In essence, the e-government represents the system of defined public legal institutions that ensure regulation for rendering government and municipal services to the population in the online format. The subject of this research is the activity of public authorities and local self-governments in the context of the development of e-government system. The conclusion is formulated that first and foremost e-government should consider the needs of society, as well as observe the rights and freedoms of citizens. Therefore, all communication mechanisms must correspond with the norms of international law, the Constitution of the Russian Federation, and Russian legislation. The process of creating e-government in Russia should be holistic and cover all state structures. E-government system must be unified for the entire Russian Federation.
Solovyev A.A. - Legal regulation of implementation of measures associated with compulsory medical treatment in certain US states pp. 51-59

DOI:
10.25136/2409-7136.2022.1.36012

Abstract: The subject of this article is the questions of legal regulation of administrative and judicial procedures associated to compulsory medical treatment in the United States. Due to the reference legal regulation in legislation of the states, the research is conducted on the example of Connecticut, Maine, and Florida. Special attention is given to the following aspects: the list of persons who have the right to submit a corresponding request; the requirements for it; the procedure for medical examination of a person, hospitalization, its extension or termination; judicial consideration of the questions of compulsory hospitalization. The novelty lies in carrying out a comparative analysis of the procedures implemented in Connecticut, Maine, and Florida with regards to persons suffering from alcohol and drug addiction, mental illnesses, and active tuberculosis. The conclusion is made that the legislation of the indicated US states effectively combines the administrative and judicial procedures pertinent to compulsory medical treatment.
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