Suchergebnisse

Among the most important independent Ukrainian studies which address issues of legal monitoring can be distinguished master's thesis Y. Hradova «Institute of legal monitoring as ameans of optimization of the national system of legislation: constitutional-legal aspect» (Kharkov, 2012). The author developed a comprehensive concept of the legal monitoring as a means of optimization of the national system of legislation and the formulation of common approaches regarding its implementation in Ukraine with the purpose of improvement of the domestic rule-making and enforcement. Most in detail the problem of the legal monitoring are considered in the scientific articles in the Ukrainian researchers, in particular I. Shutak carried out a comparative analysis of the effectiveness evaluation of the rule of law, which dominated in the Soviet doctrine of law, and legal monitoring. Professor reviewed existing in the scientific literature views on key theoretical and applied problems in the sphere of legal monitoring and explained the relevance of doctrinal development techniques legal monitoring as a system of ongoing monitoring, analysis and forecasting of the impact on the legal sphere.Special attention in our study deserves to scientific research of Polish scientists M. Nowicki, Z. Fialova «Human rights monitoring» (Warsaw, 2000) which is devoted to the questions of monitoring of classical human rights, understood as civil and political rights. The technique can, however, also use the research of social rights, environmental protection, etc.Legal monitoring is regarded as an effective mechanism in the public interest. The authors thoroughly covered such important issues as: 1) logistics legal monitoring; 2) construction ofstrategy of legal monitoring; 3) the concept of the legal monitoring; monitoring analysis of law; 4) methods of collecting and processing information, etc. Scientists interest, often acting as a subject of scientific discussion in modern legal literature. However, even basic scientific research on this subject that are considering the concept, organization and legal monitoring, paying inadequate attention to the development of methods, criteria and indicators of efficiency of law in the implementation of this activity. The result remain without attention to the holistic analysis of this legal phenomenon on the theoretical level, and existing theoretical calculations do not form a system of scientific knowledge. A mechanism for evaluating the effectiveness of normative-legal regulation in practice remains a pressing issue that requires a science-based solutions. In addition, most studies is fundamental. This essential element of the legal monitoring, as assessment of the effectiveness of regulatory acts (the law), is the most problematic and not enough developed. At this stage of this process, answers the main question before the subject of the monitoring is: how the current regulatory basis allows to achieve the objectives laid the legal regulation of certain circle of social relations. In the absence of a mechanism for determining the effectiveness of normative regulations, the use of criteria and indicators for evaluating the conduct of the legal monitoring becomes ineffective. ; Висвітлено стан дослідження питань правового моніторингу в Україні та за її межами. Встановлено, що найбільш проблемним і мало розробленим є такий суттєвий елемент правового моніторингу, як оцінка ефективності нормативно-правових актів (норм права). Актуальною є розробка функціонального аспекту правового моніторингу.

India has a vast healthcare system, but still there remain many differences in quality between rural and urban areas as well as between public and private healthcare standard. The Constitution of India makes health in India the responsibility of state governments. It makes every state responsible for raising the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties. Moreover, law is an obligation on the part of society imposed by the competent authority, and noncompliance may lead to punishment in the form of monetary fine or imprisonment or both. Despite health improvements over the last thirty years or so, lives continue to be lost to even early childhood diseases, inadequate newborn care and childbirth-related causes. More than two million children die every year from preventable infections.Diseases such as dengue fever, hepatitis, tuberculosis, malaria and pneumonia continue to plague India due to increased resistance to drugs. India was ranked at 112 out of 190 countries by World Health Organization's 2000 report. Indian government has made health a priority in its series of five-year plans, each of which determines state spending priorities for the coming five years. The National Health Policy was endorsed by Parliament in 1983. The policy aimed at universal healthcare coverage by 2000, and the program was updated in 2002. This National Health Policy is being worked upon further in 2017 and a draft for public consultation has been released. As the healthcare system in India is primarily administered by the states, India's Constitution tasks each state with providing healthcare for its people. In order to address lack of medical coverage in rural areas, the national government launched the National Rural Health Mission in 2005. This mission focuses resources on rural areas and poor states, which have weak health services in the hope of improving healthcare in India's poorest regions. Constitutionally, the civil and political rights are enshrined as Fundamental Rights that are justiciable, whereas social and economic rights like health, education, livelihood, etc., are provided for as Directive Principles of State Policy and hence not justiciable. This paper encompasses a review of the existing government policies and machinery for public health needs in India, its success, limitations and future scope.

India has a vast healthcare system, but still there remain many differences in quality between rural and urban areas as well as between public and private healthcare standard. The Constitution of India makes health in India the responsibility of state governments. It makes every state responsible for raising the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties. Moreover, law is an obligation on the part of society imposed by the competent authority, and noncompliance may lead to punishment in the form of monetary fine or imprisonment or both. Despite health improvements over the last thirty years or so, lives continue to be lost to even early childhood diseases, inadequate newborn care and childbirth-related causes. More than two million children die every year from preventable infections.Diseases such as dengue fever, hepatitis, tuberculosis, malaria and pneumonia continue to plague India due to increased resistance to drugs. India was ranked at 112 out of 190 countries by World Health Organization's 2000 report. Indian government has made health a priority in its series of five-year plans, each of which determines state spending priorities for the coming five years. The National Health Policy was endorsed by Parliament in 1983. The policy aimed at universal healthcare coverage by 2000, and the program was updated in 2002. This National Health Policy is being worked upon further in 2017 and a draft for public consultation has been released. As the healthcare system in India is primarily administered by the states, India's Constitution tasks each state with providing healthcare for its people. In order to address lack of medical coverage in rural areas, the national government launched the National Rural Health Mission in 2005. This mission focuses resources on rural areas and poor states, which have weak health services in the hope of improving healthcare in India's poorest regions. Constitutionally, the civil and political rights are enshrined as Fundamental Rights that are justiciable, whereas social and economic rights like health, education, livelihood, etc., are provided for as Directive Principles of State Policy and hence not justiciable. This paper encompasses a review of the existing government policies and machinery for public health needs in India, its success, limitations and future scope.

Managed to achieve minor results in the development of the conceptual and methodological framework, and the implementation of legal monitoring in the mechanism of making and implementing laws. This process stimulates the development of a new direction in legal science, which is designed to provide practice necessary knowledge and recommendations on organization and conduction of legal monitoring.The issues of methodological support of the monitoring process in the scale that can give noticeable results, need priority attention. The monitoring should cover all stages of legal rulemaking: public authorities, local governments, all sectors of socio-economic life of the country and the law enforcement system. Considerations on the methodology of legal monitoring are reduced to the formation of positive theoretical knowledge about the development of the concepts, objectives, principles, actors, stages, methods and the like.Assessment as an essential component of legal monitoring, on the one hand, is an important and, at least in some areas, the traditional element of the sociology of law. On the other hand, it is also an essential part of legislative methodology. Unlike legislative drafting, it rather includes the material, substantial aspects of the legislation than its formal aspects and primarily concerns the relationship between normative contents and their consequences in social reality, in «real world».Methodological support evaluation of the effectiveness of legal acts in the process of legal monitoring should be based on both General criteria and specific indicators, reflecting the parameters of implementation of regulatory requirements. Legal parameters of efficiency are caused by a number of factors: the historical aspect; time space; development of public relations in relation to the measurement of the legal reality, of economic development; terms of the mechanism of legal regulation.Legal monitoring contributes to the development of effective legislation. This defines the urgency of developing its methodology, because of its scientific validity and accuracy, largely depends the accuracy and reliability of the results of legal monitoring. The relevance, comprehensiveness, scientific validity and feasibility of regulations are the main ideological principles of the legal monitoring. The basis for these principles is the combination of theoretical legal science, positive experience in legislative drafting and quality assurance of the assessment regulations. In this regard, it is necessary to create an automated system of legal monitoring to establish organizational and logical structure of the work at a higher level of Analytics and evaluation.The system of monitoring of normative legal acts and practice of their application is becoming a key issue of providing adequate awareness among parliamentarians and the public about necessary limits to the improvement of the legislation. ; Висвітлено методологічні принципи моніторингу нормативно-правових актів. Обґрун­товано, що правовий моніторинг є обов'язковим елементом методологічного та раціональ­ного підходу до законотворчості. З'ясовано, що актуальність, комплексність, наукова обґрунтованість і доцільність нормативно-правових актів є основними методологічними принци­пами правового моніторингу.Виявлено, що основою реалізації методологічних принципів є поєднання теоретичних вимог правової науки, позитивного досвіду законотворчої роботи та забезпечення якості оцінювання нормативно-правових актів.Важливою методологічною умовою правового моніторингу є вироблення і неодмінна умова дотримання єдиного понятійного апарату. Запропоновано перевіряти конституційно-правову природу та виявляти основні дефекти соціального змісту як на рівні системи права загалом, так і на рівні окремих нормативно-правових актів.

DNA-based methods are at the edge of being implemented into routine monitoring systems. WG5 aimed to develop implementation options for DNA-based methods under a range of environmental directives and legal frameworks, in particular the Water Framework Directive (WFD), the EU Marine Strategy Framework Directive, the UN SDGs, the Global Biodiversity Assessment under the IPBES, the CBD Nagoya Protocol on Access and Benefit Sharing, the digital sequence information on genetic resources (DSI), the Biodiversity Indicator Partnership, and the Essential Biodiversity Variables. It further aimed at starting the standardisation process for DNA-based methods.In the talk, we will give an overview of all WG5 activities, with a focus on the options to use DNA-based methods for the implementation of the WFD. Overall, suitability of DNA-based identification is particularly high for fish, as eDNA is a well-suited sampling approach which can replace expensive and potentially harmful methods. For invertebrates and phytobenthos, the main challenges include the modification of indices and completing barcode libraries. For phytoplankton, the barcode libraries are even more problematic, due to the high taxonomic diversity in plankton samples. If current assessment concepts are kept, DNA-based identification is least appropriate for macrophytes (rivers, lakes) and angiosperms/macroalgae (transitional and coastal waters), which are surveyed rather than sampled. We discuss the challenges and opportunities of implementing DNA-based identification into standard ecological assessment, in particular considering any adaptations to existing legislation that may be required to facilitate the transition to using molecular data.

DNA-based methods are at the edge of being implemented into routine monitoring systems. WG5 aimed to develop implementation options for DNA-based methods under a range of environmental directives and legal frameworks, in particular the Water Framework Directive (WFD), the EU Marine Strategy Framework Directive, the UN SDGs, the Global Biodiversity Assessment under the IPBES, the CBD Nagoya Protocol on Access and Benefit Sharing, the digital sequence information on genetic resources (DSI), the Biodiversity Indicator Partnership, and the Essential Biodiversity Variables. It further aimed at starting the standardisation process for DNA-based methods.In the talk, we will give an overview of all WG5 activities, with a focus on the options to use DNA-based methods for the implementation of the WFD. Overall, suitability of DNA-based identification is particularly high for fish, as eDNA is a well-suited sampling approach which can replace expensive and potentially harmful methods. For invertebrates and phytobenthos, the main challenges include the modification of indices and completing barcode libraries. For phytoplankton, the barcode libraries are even more problematic, due to the high taxonomic diversity in plankton samples. If current assessment concepts are kept, DNA-based identification is least appropriate for macrophytes (rivers, lakes) and angiosperms/macroalgae (transitional and coastal waters), which are surveyed rather than sampled. We discuss the challenges and opportunities of implementing DNA-based identification into standard ecological assessment, in particular considering any adaptations to existing legislation that may be required to facilitate the transition to using molecular data.

The work deals with practical issues of electronic monitoring of sentenced persons in the Slovak Republic. It is divided into seven sections. The first section deals with applicable law - the Act No. 78/2015 Coll. on Control of the Enforcement of Certain Decisions by Technical Instruments. The second section analyses types of the control of the enforcement of decisions and their use. The third section introduces the requirements for the control. The fourth section briefly introduces the application of the system in civil proceedings. The fifth section points out at the interference of the control with the right to privacy. The sixth section answers the question if the system was a good investment or a wasting of money. The last seventh section introduces recommendations for policymakers and legal practitioners.

The right of individuals to have recourse to international human rights bodies has been regarded as one of the most significant developments in securing respect for and the promotion of universal fundamental rights and freedoms.1First, it ensures that individuals subjected to human rights violations have an alternative forum should the domestic judicial forums not be persuaded of the existence of rights violations, for whatever reason. Secondly, the availability of an individual's right of recourse affirms the fact that the individual is an actor cognisable by international law, and is not dependent on the intervention of other States for the safeguarding of his or her rights.2This is particularly important, as many States are slow to engage complaint mechanisms against another State for fear of reprisal (be it in the form of economic or political sanctions, or the instigation of a complaint under the same mechanism by the other state), lack of interest, or otherwise.3Thirdly, the existence of suchfora, and the right of individual complaint from a variety of countries, are useful in developing a common universal standard of human rights observance.4The combined result of these is that implementation of the goals set out in the international human rights instruments is facilitated because the means for their enforcement are not dependent upon international politics but rather are put in the hands of the rights holders. In turn, such machinery should improve State compliance.5

the issues of organization and implementation of law monitoring in Ukraine at the legislative level are investigated in this article. It is suggested to consolidate in the law the main provisions of monitoring the legislation and law enforcement practice: the concept, goals, objectives, types, subject-object structure, stages of implementation. ; в статье исследуются вопросы организации и проведения правового мониторинга в Украине на законодательном уровне. Предложено закрепить в законе основные положения мониторинга законодательства и правоприменительной практики: понятие, цели, задачи, виды, субъектно-объектный состав, стадии проведения. ; у статті досліджено питання стосовно організації та проведення правового моніторингу в Україні на законодавчому рівні. Запропоновано закріпити в законі основні положення моніторингу законодавства та правозастосовної практики: поняття, мету, завдання, види, суб'єктно-об'єктний склад, стадії проведення.