Journal articles: 'Administrative and legal regulation in the field of light industry' – Grafiati (2024)

Abstract:

The presented study analyzes the proposal of the Prime Minister of the Russian Federation D. A. Medvedev to switch to a four-day working week. In the context of the topic, the experience of dealing with this issue is examined, including international practices. A similar proposal was discussed by I.V. Stalin as far back as Soviet times, although in the context of switching to five- or six-hour working days, but only in 2019 did this issue become the subject of debate. In light of the pension reform, which has led to an increase in the retirement age in Russia, a number of experts believe that such proposals may entail potential changes that could have a negative effect on the situation of workers. This study examines the mechanisms of public administration in coordination with enterprises relating to changes in the working hours.Aim. The authors aim to analyze potential directions for the improvement of public administration in the field of labor legislation, which has a significant impact on the development of the economy, business, and the situation of workers.Tasks. This study determines the historical background of Russia’s switch to a four-day working week; examines the legal mechanisms and specific features of labor legislation in Russia in the context of the planned switch to a four-day working week; explores international practices in the field of regulation of working hours; analyzes the benefits and drawbacks of switching to a four-day working week in Russia; develops proposals associated with Russia’s switch to a four-day working week.Methods. The methodological basis for the consideration of the problems includes general scientific methods, systems, structural, functional, and institutional analysis.Results. The ongoing processes in the field of improvement of labor legislation and its impact on the economy, business, and the situation of workers are comprehensively analyzed. The historical background of Russia’s switch to a four-day working week is determined; fundamentals of Russian labor legislation are examined; benefits and drawbacks of the potential innovations in the field of regulation of working hours are identified with allowance for international practices. The authors formulate proposals, the implementation of which will bring Russia closer to the switch to a four-day working week.Conclusions. The proposals of the Prime Minister of the Russian Federation to switch to a four-day working week has raised a lot of questions. For instance, it is unclear whether the current wages will be maintained. It is also questionable whether it is a step towards artificially reducing unemployment, in which fields this idea is likely to manifest itself first, and so on. These questions need to be thoroughly discussed by the representatives of the Government of the Russian Federation, Ministry of Labor and Social Protection of the Russian Federation, trade unions, and the scientific community. It is necessary to conduct a sociological survey to determine and prevent concerns among citizens about the upcoming changes. That said, the authors believe that the idea itself is conceptually correct, but it still valid to doubt whether it can be successfully implemented at the time of capitalism, when entrepreneurs focus on profit and are not interested in reducing the working time of their employees. According to the authors, the plans of I.V. Stalin to reduce working time could faster come into fruition with the socialist economic model, which facilitated innovations in the machine tool industry that would boost GDP growth and significantly reduce production costs. Assessing the prospects of development of this idea at the present stage is difficult.

Abstract:

Goal – to analyze public administration in the field of medical tourism in the context of power decentralization in Ukraine. Also a brief study of the legal aspects of the regulation of medical tourism in Ukraine is represented as one of the ways of state regulatory impact. Analyze state social norms and industry standards in the field of healthcare in Ukraine. Research methodology – the research methodology uses the system analysis method; the empirical basis is the normative legal acts regulating the managerial relations of the public administration subjects. Score/results – is a brief study of the legal aspects of the regulation of medical tourism in Ukraine is represented as one of the ways of state regulatory impact. The state social norms and industry standards in the field of health care in Ukraine are considered. The necessity of related legal support of the sectors under consideration has been substantiated in order to eliminate gaps in legislation and improve the quality of services provided, investment attractiveness and disclosure of the country’s regions’ potential. Originality/value – the work was done by the author independently without outside help; the article contains links to the legal framework

Abstract:

The subject of the study is public relations in the field of administrative and legal regulation of the customs and tariff mechanism of foreign economic activity. Methodology. The instrumental and methodological apparatus of the research is formed by the applied methods of economic analysis of the activities of organizations, statistical methods, selective observation, the method of economic modelling, grouping, generalization, expert assessments, methods of economic theory, marketing, etc. The aim of the article is to analyse the administrative and legal aspects of the mechanism of customs and tariff regulation in modern conditions in Ukraine and the world. The research results in a comprehensive consideration of the system of administrative and legal regulation of the customs tariff mechanism in Ukraine and the world, within which: the impact of the customs tariff mechanism on foreign economic activity is assessed; the modern foundations and principles of tariff benefits and protectionism policy are highlighted; the analysis of the administrative legislation of the studied area is carried out; weaknesses and problems of administrative and legal support of the customs tariff mechanism are identified, and ways of their solution are proposed. Conclusion. Customs and tariff regulation acts, on the one hand, as an effective regulator that promotes greater openness of the market, on the other - as the most common foreign trade instrument of protectionism. Therefore, improving the problems of customs and tariff regulation in modern conditions is simply necessary to overcome the crisis phenomena in the domestic economy and ensure the economic security of the state. After all, it requires the determination of the maximum level of tariff rates of import duties, which, under the normal functioning of the economy, will not increase and may be reduced in the future. Such plans may shock many sectors of the domestic economy. These primarily include agriculture, the food industry, the pharmaceutical industry, and the leather and shoe industry. Customs and tariff regulation is designed to promote the goals and objectives of foreign economic activity, as well as ensuring the security of the country and protecting national interests. The methods of customs and tariff regulation are more consistent with the nature of market relations and therefore play a major role in regulating foreign economic activity. In modern conditions, customs and tariff regulation can and should become an effective tool for mitigating and gradually overcoming crisis phenomena in the economy.

Abstract:

The article is devoted to the problem of defining the system and powers of state bodies that carry out administrative and legal regulation of the activity of subjects of natural monopolies. The main attention is paid to the analysis of the legislation of Ukraine and the practice of its application. Changes in the status of these state bodies during their formation, which were carried out by different legal acts in different fields of law and various spheres, are investigated. The author has analyzed the authorizations on the implementation of the administrative and legal regulation of natural monopolies in the field of energy and utilities and the legal status of local state administrations, the Antimonopoly Committee, the Ministry of Energy and Coal Industry, the national commissions for the regulation of natural monopolies, the National Commission for the state regulation of the energy and utility sectors services. It is established that, in addition to the national commissions for the regulation of natural monopolies, the National Commission for State Regulation in the Spheres of Energy and Public Utilities implements state regulation in areas adjacent to and/or identical to natural monopolies. It is determined that the relevant state bodies, which carry out administrative and legal regulation of the activities of the subjects of natural monopolies, are empowered to form their own branched system forming structure, which is able to exist in parallel and independently of other branches of government. The powers of state bodies that carry out the administrative and legal regulation of the activities of natural monopoly entities are enshrined in both laws and by-laws. A study of these powers has shown that each public authority has specific rights and responsibilities. The creation of structural units in each case occurs in fundamentally different approaches. Some public authorities have more independent status than others. A number of conflicts of law and potentially unconstitutional provisions have been identified. Particular attention is paid to the ratio of powers of different state bodies. Keywords: natural monopolies, state bodies, administrative law, regulation.

Abstract:

The article deals with the principles of creating a special theory of administrative and legal regulation of information security, analyzes the process of its analogy with physical laws, analyzes the threats and dangers to interests and all information security that affect the process of modeling, determines the principles of constructing and researching models of information security of social systems.It was noted that the administrative and legal regulation of information secu- rity is due to the need for state management of the processes of formation and use of information resources, the creation and application of information systems and the provision of information security of social systems. It is proved that to a large extent information security is caused by the need for administrative regulation of information relations in various spheres that form the system itself and maintain its integrity. It is determined that the administrative and legal basis of information security of social systems should provide an ideal state of activity of subjects, system and its models. Selected concrete administrative and legal principles of information security, such as physical formulas, create its model. Of course, for each social system, the model of information security is individual. However, there are also general patterns of modeling, for example — the construction of the model should be based on the simple and optimal (as we are referred to by the flow of light), administrative and legal principles.It is proved that high rates of development of information technologies, create new requirements to the sphere of security in general and to information security in particular. The reform of the legislation regulating activity in the field of infor- mation security should be based on the proper scientific theory. What is urgent is the need to create a General Security Theory, which would explain and regulate the set of processes of ensuring the safety of society.

Abstract:

The article deals with the principles of creating a special theory of administrative and legal regulation of information security, analyzes the process of its analogy with physical laws, analyzes the threats and dangers to interests and all information security that affect the process of modeling, determines the principles of constructing and researching models of information security of social systems. It was noted that the administrative and legal regulation of information security is due to the need for state management of the processes of formation and use of information resources, the creation and application of information systems and the provision of information security of social systems. It is proved that to a large extent information security is caused by the need for administrative regulation of information relations in various spheres that form the system itself and maintain its integrity. It is determined that the administrative and legal basis of information security of social systems should provide an ideal state of activity of subjects, system and its models. Selected concrete administrative and legal principles of information security, such as physical formulas, create its model. Of course, for each social system, the model of information security is individual. However, there are also general patterns of modeling, for example — the construction of the model should be based on the simple and optimal (as we are referred to by the flow of light), administrative and legal principles. It is proved that high rates of development of information technologies, create new requirements to the sphere of security in general and to information security in particular. The reform of the legislation regulating activity in the field of information security should be based on the proper scientific theory. What is urgent is the need to create a General Security Theory, which would explain and regulate the set of processes of ensuring the safety of society.

Abstract:

The article deals with the analysis of modern scientific views on determining the content of the principles for legal regulation development. In particular, the author investigates issues of administrative and legal regulation of natural monopoly entities activity in the field of electric power engineering in Ukraine. Ths way of author’s approach can be explained by the peculiarities of relations in the sector of electric energy production in Ukraine. These peculiarities include: the necessity to regulate competition on electricity market, prevention of corruption and other negative consequences of the monopoly, as well as the increasing of investment attractiveness in the electric power sector. Th author shows that the relevance of this research is determined by the dynamic development of legislation within this industry along with conditions of legal relations in the field of electricity, in particular, the launch of new entities into the electricity market. There it is shown that the current legislation of Ukraine defines the relevant standards of functioning of the electricity market, concerning general approaches to the content of state policy in this sector of economy. At the same time, it was emphasized that the system of principles for administrative and legal regulation of the subjects of natural monopolies activity in the field of electricity is subject to further investigation. The content of sectoral legislation governing the electricity sector and anti-monopoly one that defines the legal status of natural monopoly entities are analyzed in detail. It is shown that at present time the authorities that are to legislate these principles have established them just in some certain areas of administrative and legal regulation in this field without proper systematic and scientifically grounded approach. According to the author’s idea, such a situation may complicate the law enforcement practice, since the question of the application of a particular system of principles remains dim. Th author has formulated the conclusion on the need for improvement of sectoral legislation, which would ensure balance of interests between manufacturers and consumers of electricity, taking into account the whole economic system of the country.

Abstract:

The article deals with the codification of administrative legislation. The basic concepts are considered, approaches to a problem are revealed, directions of improvement of the current legislation are analyzed. The main attention is paid to the issue of codification as a legal category and codification of administrative law, since it is a form of lawmaking, and its main purpose is to providing the most complete legal regulation of a certain sphere of social relations by adopting logically complete normative acts of complex and generalizing nature. It is suggested that public law should perform the function of public order, which is provided with appropriate means of influence in case of violation of relations in this field. It is emphasized that the list of remedies of public order includes the rules of public law, but those with a protective orientation, public-legal relations that arise in cases of committing offenses in the sphere of public order, and acts of implementation of these rules. As for administrative law, its main function should be to protect the rights and freedoms of a citizen from illicit acts or inction of state bodies (officials). On the basis of a critical analysis of the foundations of post-Soviet jurisprudence, a modern understanding of the role and content of norms of administrative law is offered, as well as a comprehensive, balanced and consistent revision of the legislation, and its adjustment with modern European standards. In particular, there is an urgent need to reform the administrative law of Ukraine, the basis for defining the purpose of which is an approach formed in Soviet times, which should be based on a substantially updated, more democratic understanding of the public purpose of public law, which will replace Soviet administrative law. It is concluded that a qualitatively new ideology of legal thinking must be created and practically introduced in Ukraine.

Abstract:

It has been stated that state policy in the field of construction should have a complete toolkit – a system of means for transferring decisions, tracking their implementation, adjusting plans and measures, attracting the necessary material and human resources, evaluating the implementation of the policy. There has been stated two views on the formation of methods: both methods of a separate branch of law (town planning or construction law) and methods in the field of urban planning with reference to the existing branch of law (administrative, economic, civil). It has been concluded that among the most studied methods of legal regulation inherent for different branches of law, one distinguishes imperative and dispositive methods. The imperative method is aimed at the emergence, alteration or termination of legal relations in the field of urban planning and is implemented by the system of public authorities through the enforcement which results in the issuance of a law enforcement act. Due to its provisions the subjects of these legal relations acquire specific legal rights and obligations. At the same time, the dispositive method is widely used by the subjects of administrative and legal relations in the field of urban planning. Besides, the author has focused attention on the widespread use in practice of: imperative, empowering, encouraging and recommending methods. It has been noted that there is no unambiguous position among scholars on the principles in the construction industry, in general, and the principles specific to the activities of the subjects of administrative legal relations in the field of urban planning, in particular. The author has defined the system of principles of the activity of the subjects of administrative and legal relations in the field of urban planning: a) general principles that determine the general provisions of the activity of public authorities and are based on the legal and organizational provisions of the Laws of Ukraine “On Central Executive Agencies”, “On Local Self-Government”, “On Local State Administrations”, “On Public Service”; b) special principles to be specified in building legislation.

Abstract:

Today, legislators define the legal nature of the contract on voluntary (volunteer) activity in Russia in the form ranging from civil law to a complex contract, but the scope and limits of incorporation of related legislation remain open, which causes legal uncertainty, so it seems appropriate to analyze foreign models of regulation of voluntary (volunteer) activities. The two foreign models of regulation of volunteer relations through agreements are based on different ideas. German law elevates voluntary activity to the rank of service (alternative to civil service) and scrupulously fixes all issues of voluntary service in the law, setting the responsibility of the volunteer as a priority. The social significance of voluntary activity, resorting to the norms of administrative and labor legislation makes it possible not only to burden the volunteer, but also to protect him. The English model shows an example of a liberal approach, it is aimed at maximum separation of the subject from the employment agreement (contract). However, the agreement does not become part of the civil law field, remaining a moral obligation outside the legal field. The main point here is the freedom of expression of volunteers, which primarily provides for the possibility of a volunteer at any time to refuse to perform the functions. In Russia, the relationship between a volunteer and an organization is formed by a civil law or complex agreement on voluntary (volunteer) activities (mono — or multi-industry). The choice in favor of a multi-industry complex agreement is due to the high qualification of the volunteer’s assistance. It is necessary to proceed from a closed list of issues that can / should migrate from labor law to a contract on voluntary (volunteer) activity; these issues should be enshrined in the law, for example, restrictions related to employment in certain areas, provisions on the protection of personal data.

Abstract:

The review of features of development of underground space in the large cities of the country and practice of introduction for this purpose of innovations is resulted. The article presents the results of the study, the subject of which is to consider the shortcomings of legal regulation and standardization in the field of transmission of daylight (solar) light under the ground through the use of light guides and other devices. The purpose of this study was to find ways to improve these areas of state regulation. To assess the current situation in the field of regulation under consideration, the analysis of the effectiveness of the main regulatory legal acts, documents on standardization, as well as a review of a number of literature sources. The assessment of the implementation of individual projects is taken into account. According to the results of the analytical stage and taking into account the forecast of modern strategic directions of development of the construction industry, proposals are given to improve the situation (amendments and additions to normative legal acts, documents on standardization, etc.). The implementation of such proposals will require coordinated work of the Ministry of construction of Russia and other authorized agencies and organizations. The implementation of the results of the study can contribute to the sustainability and efficiency of the development of underground space in our cities.

Abstract:

The main legal ways to the socio-political regulation of sexual services (prostitution) in different countries are considered. The main problems facing the society of each state in the field of regulation of prostitutes activity, their so-called �curatores� and clients. The participation of the state in identifying and solving the problems of the sex industry are defined. It is determined that an important role in the legalization of prostitution is played not only by the legal but also by the moral and ethical aspects, which have a lot of limits in every society. Four models of prostitution regulation that exist in different countries of the world are analyzed. It is substantiated that not every model in itself is effective and is optimal for implementation. It depends of the legal system, level of consolidation of society and position of the government on this issue. Criminal liability for pimping, which exists in Ukraine, is only a small positive step in the fight against illegal profits related to the exploitation (voluntary or forced) of another person's body. The negative point in this area is the lack of social, medical and legal protection of prostitutes, as their clients are also at risk. So, the legalization on of the sexual services is necessary for our state, but it must be preceded by a series of successive authority�s steps: public dialogue on different public platforms, changes in legislation and government administrative decisions.

Abstract:

The article analyzes the administrative and legal powers and the place of forest protection and hunting service in the system of public administration in the field of forest protection and hunting. The actuality of the research topic is due to the processes of a general reform of the forestry industry of Ukraine; the need to clarify the law enforcement authority of officials in this area. The purpose of the study - is to highlight the problems of law enforcement in the forestry industry; clarification the powers of law enforcement agencies, areas of reform of forestry law enforcement agencies, and prospects for improving their activities. The object of the study is the legal regulation of protection activities aimed at ensuring law and order in the forestry industry. The research is based on the use of general scientific and special methods. Using the dialectical method, internal contradictions in the activities of law enforcement agencies of the forestry industry were revealed. Legislation establishing the powers of these bodies for gaps is analyzed. The formulated conclusions are aimed at their practical use. Thus, the definition of the term “huntsman” is proposed; separation of the function of management and control of forestry enterprises operating for profit by transferring the function of state forest protection and hunt­ing service from state forestry enterprises to the level of territorial bodies of the State Forest Agency. Thus, the State Forestry Agency and permanent forest users will have forest guards and a hunting service without the status of a law enforcement body, but with the right to draw up protocols and a limited right to consider cases of administrative offenses in the forestry sphere.

Abstract:

The creation of legal incentives in the field of shipping is a prerequisite for improving the economic well-being of society and, as a consequence, a priority of Ukrainian domestic policy. The need for more effective control and supervision in the field of shipping, ensuring a higher level of safety, detection, termination and elimination of vi¬olations of the law, requires close attention to this problem by both the state and its authorized bodies in general. So, the development of Ukraine’s inland waterways requires the improvement and advancement of shipping and appropriate infrastructure. The article deals with the legal framework for navigation in inland waterways of Ukraine and it is defined the concept of organization of water transport activities. It is outlined the structured system of water transport management bodies of Ukraine which is oriented towards the goal defined by the public interest, with the help of both legal and material means, as well as it ensures the achievement of the desired result, the final goal re¬garding the safe and economically efficient functioning of the water transport industry. It is also discussed the legal framework for navigation in inland waterways of Ukraine in detail and defined the concept of water transport activ¬ities organization. The object of administrative regulation, modified in connection with the transition to market re¬lations by improvement of the structure and normative base of central executive bodies activities, has been studied.The author pays considerable attention to the state management and regulation of economic activity in inland waterway transport and responsibility for the rules violation of navigation in inland waterways of Ukraine. It is proposed to introduce new more improved levers and methods of managing the transport services markets and directly the participants of the transport process providing it, that is, shipping companies.

Abstract:

The purpose of the scientific paper is to develop solutions for the improvement of the electronic evidence sub-institute in the administrative procedure in Ukraine based on the informational approach. The methodological framework for the research is represented by theoretical advances in the field of procedural law, with an emphasis on the theory of evidence and proof, as well as computer forensics, information law and technical literature. Comparative and formal legal methods, structural-functional analysis, inductive and deductive reasoning have been used to conduct the research. As a result of the research the analysis of the current theoretical developments in the study of the interdisciplinary sub-institute of the electronic evidence has been conducted; scientific comparison between the “objective” (traditional to the domestic theory of proof) and “informational” approaches to the definition of electronic evidence has been carried out; main theoretical and practical issues, arising from the application of different approaches to the perception of electronic evidence have been discovered and propositions for legislative amendments were made. Key findings of the study are briefly summarized below. In determination of the concept and the essence of electronic evidence an optimal combination of both objective and informational approaches to the perception of the electronic evidence should be applied. Differentiation between the original and the copy of electronic evidence should not be abandoned, and it should be allowed for the court to substantiate its findings with the copies of the electronic evidence in specific cases. Particular amendments to the Code of Administrative Procedure of Ukraine should be made with respect to: the definition of the original and the copy of electronic evidence; legal regulation of particular issues concerned with the use of originals and copies of the electronic evidence when proving the factual circ*mstances of the case (as well as when rendering the final and interim decisions by the court and when using the special knowledge) – primarily, in compliance with technical standards, that have recently been approved in Ukraine, regulating certain issues on the processing of electronic digital evidence.

Abstract:

Abstract The term “Islamic banking” denotes the banking services in compliance with Islamic law and is nowadays a rapidly expanding, global industry based on a traditional fourteen centuries old legal system. The European market is witnessing growing Shari’acompliant assets especially in the last few years and even non-Muslim countries have been trying to find legal solutions to accomodate Islamic financial institutions. This new academic and business field is raising important issues that merit discussion and this text serves as a contribution to the debate. In the paper I am trying to depict the key and distinguishing features of the Islamic banking model and reflect its law regulation from the point of view of the Czech legislation in the light of the continuing growth and expansion of Islamic banking and finance. The main objective of this article is to find out whether the legal framework of the Czech Republic covers the practice of Islamic finance and also to consider and identify potential legal obstacles.

Abstract:

Introduction. It is ascertained that the construction sector has a social orientation. It is an investment- capacious sector of the national economy. It is noted that the general trend of recent years is to reduce the volume of construction work performed, reduce construction activity, worsen the financial condition of construction companies and reduce their number. It is substantiated that the main factor that determines such a state of affairs in housing construction and defines the negative growth rates of housing volumes is the slowdown in investment activity. Therefore, the investment process is one of the most important directions of development of state regulation and management. Purpose. Organizational and legal methods of state regulation have a direct impact on the subjects of investment activity. Therefore, the purpose of the article is to consider organizational and legal methods of state regulation of investment processes in the context of the transformational development of the residential sector. Method (methodology). To achieve the goal of the article the following research methods have been used: method of generalization, method of comparison, historical method. Results. It is noted that the development of the regulatory framework in Ukraine is carried out taking into account the experience and requirements of the European Union. However, achievements in this area are insignificant and require further improvement to improve the investment climate in the country. An important step in increasing the investment attractiveness of the construction industry is the harmonization of the system of technical regulation of Ukraine with international standards. It is concluded that separately applied administrative regulators cannot always effectively influence the maintenance of the orderliness of the components of the innovation and investment process in the field of housing construction. Objectively, such state regulation is needed, in which a complex of motivation regulators will be applied. Joint actions of state regulators and market self-regulators will contribute to achieving the optimal structure and infrastructure of investment and construction activities of business entities.

Abstract:

The paper deals with marina operator liability insurance (hereinafter: MOLI) in the context of Croatian and Slovenian insurance law and business practice. The authors analyse, discuss and compare the salient features of MOLI contracts, their standard terms and conditions, scope of coverage and exclusions in Croatian and Slovenian law. The paper describes the relevant business practice in the two Adriatic countries. The analysis is based on the comparative study of the relevant national legislation and private regulation, as well as on the data and documentation gathered by field research, consisting of written questionnaires and live interviews with the representatives of insurance companies and marina operators. Our thesis is that the legal framework in the two observed jurisdictions, as well as the insurers’ private regulation in Croatia and Slovenia are very similar. The aim is to establish the common features of MOLI contracts and of the related practices of marina operators and their insurers in the respective countries and explain the background that has led to the formation of a MOLI product specific for the eastern Adriatic marina industry. Suggestions are given for the improvement of the relevant business practices and administrative requirements regarding the minimum insurance standards imposed on marina operators by the concessioning process.

Abstract:

The article analyzes the scientific and legislative provisions connected with the specifity of the legal regulation of relations in the field of gemological activity and gemological objects. The current state of sources of gemological law and their belonging are investigated, which is nowadays ambiguous, since they get to a system of currency law (a component of financial and credit or budgetary and financial legislation) as well as to a system of industrial legislation, while having the provisions of mining, economic, civil, administrative, fiscal, customs and expert legislation in the contents. It is proposed to consider gemological law as a set of legal norms regulating public relations in the field of organizing and carrying out gemological activities connected with the acquisition of the right to use, mining, property, use and operations with gemological objects in the form of subsoil, mineral, production and secondary resources, control over their turnover and expertise. It is noted that consideration of precious stones and precious metals, having geological and mineralogical, physicochemical, jewellery and industrial, and legal differences, as the complex object in the context of the domain of the unified legislative act, intended to be a basis of new market relations in the field of jewellery transactions, could be regarded as the justified one only at the early stage of legislative base formation for the field. Provisions are given, according to which it is recognized that the current law is outdated, since its subject of regulation has been transferred mainly to the subordinate level; the mechanisms for replenishing state funds provided in it are contradictory, incomplete and practically not implemented in practice; the form of restrictions in the circulation of valuable objects and their validity are debatable; relations of the quality and safety of products, consumer protection, ensuring a balance of public and private interests, equality of business entities, competitiveness of the industry need updating in European integration legal regulation. For the first time in the context of geological and legislative science, the authors propose to form a structure of the gemological law system based upon the principles of differentiation of a type of gemologically important activities for generic derivatives (i.e. gemological and resource law; right of gemological circulation; right of gemological expertise etc.) as well as a type of gemological objects and resources for direct groups. Development prospects of gemological legislation are connected with its reduction to a certain agreed system and its unity provision by means of the internal and external improvement of contents and development of the Gemological Code of Ukraine.

Abstract:

POLISH INDUSTRIAL LAW 1927-1939Summary Mutual relations between the state and industry have changed substantially in the early twentieth century. Formed the major national ompanies which have obtained legal protection acquired economic position. A manifestation of protective measures was the introduction of the concession to operate certain industrial activities. Duty concession staggered principle of freedom of industry and introduced the principle of regulation (licensing). For the period above accounted for the first codification of Polish coherent industrial such as regulation of the Polish President on 7 June 1927, industrial law, with effect from 16 December 1927, modeled primarily on the Austrian and German law on industrial property. The Act contains no provisions industry standard for the period of capitalism the first quarter of the twentieth century, and is due to the contemporary system of economic relations, which gave her more than once on the archaic nature of some regulation. In addition to the undoubted success of the enactment of uniform laws for the whole country was to move the industry with its provisions explicitly the principle of art. March 101 of the Constitution places the freedom to choose classes and earn money. A reflection of this was the provision of Article. 3 industrial law, under which the industry was to conduct free and allowed anyone, unless the provisions of industrial law did not provide that the exception or limitation. Statutory definition of industry modeled on the achievements of the jurisprudence of the German industrial law, defined it as any employment or business carried out by itself, a commercial and professional use, no matter whether it was the activities of producing, processing, trade, or services. The Act divided the industry into two basic categories: a permanent base– industry-free, fully licensed and crafts as well as no permanent residence (circular). Sometimes a third category of industries considered to run theindustry at the fair. Launch of free industry, with permanent residence, which was not subject to duty concession notice required an industrial power of the first instance. Industrial authority without undue delay seemed receipts stating the order number, under which he was entered in the register of industrial powers. The registration obligation imposed on both individuals and legal persons. Licensed industry was industry, with permanent residence, whose launch was dependent on receipt of the concession. Industrial Law provided a long list of licensed industries, while accepting the principle that only those types of industry should be forced to obtain licenses, that are thus due to the important public interest and national security had to be made subject to strict conditions. Craft was the peculiar kind of industry, with permanent residence, which could be performed only way to craft. Industry without a permanent seat was called industry is defined as a circular gainful employment, self-made, professionally and personally without a permanent seat in the industrial field, for example, selling goods in other places other than goods intended for sale. The person who wanted to lead the industry circular was required to obtain a license, which has provided industrial power of the first instance in the form of an administrative decision. It was not possible to start and perform circular industry before obtaining a license. One of the major forms of trade in the interwar period was the sale takes place at the fair. The activities fair was regulated in the law industry as a special type of industry and subject to strict legal restrictions. The basic condition of business was to obtain a fair municipality’s powers to conduct fair markets (the property or place) and keeping it in the days and hours established in the regulations. In terms of industrial law in the new political and economic conditions have occurred in Poland after 1944. It is very interesting that its provisions were not considered to be contrary to the principles of contemporary legal and political system, becoming the instrument of delivery volume of private economic activity for the so-called national economy. Therefore, the provisions of the Regulation in force until 1972.

Abstract:

The article is devoted to the study of the system of state regulation and management of flight safety, the definition of the subjects of such activities. The research methodology is based on the methods of documentary analysis and synthesis, comparative analysis, objective truth, which allows to systematically trace the impact of legal regulation in the field of air transport. As a result, it was stated that state regulation is an important component in ensuring the safety of flights of civil aircraft. With proper legal regulation, a high level of aircraft safety will be ensured. The state policy of ensuring the safety of aircraft in civil aviation is a set of goals, objectives, priorities, principles, strategic programs and planned measures developed and implemented by public authorities, which allows the state to achieve its goals in the aviation industry, using legal, economic, administrative and other methods and means of influence, based on available resources. The peculiarity of this public policy is that, first, it is closely linked to both foreign and domestic processes in the country; secondly, has a great influence on the development of all socio-economic relations; thirdly, it is provided by a system of public administration bodies headed by the head of state; fourth, it is quite dynamic and costly; fifth, it needs constant control and adjustment by the state. State regulation of flight safety of civil aircraft consists in the formation of state policy and development strategy, defining tasks, functions, conditions of state bodies and use of Ukrainian airspace, application of aviation security measures, adoption of mandatory aviation rules of Ukraine, state control over their implementation and establishing responsibility for their violation. Analysis of flight safety and aviation statistics in recent publications and studies. The results of the analysis of statistical data on aviation events that have occurred over the past six years indicate a significant deterioration in flight safety during aviation operations, both in absolute and relative accident rates. To increase the level of flight safety, public authorities and aviation entities should take effective measures to implement a safety management system in accordance with the requirements of ICAO, the European Aviation Safety Agency and the European Organization for the Safety of Air Navigation (Eurocontrol) [4, с. 117].

Abstract:

The article is devoted to outlining certain aspects of legal regulation of veterinary medicine in Ukraine. The paper analyzes the study of legislation in the field of veterinary and episodic welfare, as well as food safety. The stages of reforming the central executive body that implements the state policy in the field of food safety are distinguished. A comprehensive analysis of the planning and implementation of veterinary-sanitary supervision and control at the controlled entities of food production, storage and marketing is analyzed. Conceptual approaches to the formation of the state personnel policy in the field of food safety have been proposed, while the main goals that formulate the needs of the industry by professional, competent and qualified personnel have been outlined. The ways of improvement of unplanned measures of state control and application of administrative influence are suggested. The author concludes that the organization of the food service base of Ukraine is unexplored and legislatively imperfect, which creates obstacles to the effective work of the central executive body, which implements state policy in the field of veterinary, sanitary and epizootic welfare. It is emphasized that a necessary precondition for improving the national strategy of food security of Ukraine is the creation of a viable, constructive state veterinary service, capable of performing the functions of state veterinary and sanitary control and supervision. This gives reason to believe that the formation of state personnel policy in the field of food safety and veterinary medicine of Ukraine today is one of the pressing issues that need to be addressed in both scientific and practical aspects.

Abstract:

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.

Abstract:

Indonesia is well-known as a developing country being rich in tourist objects and its people who have been opening many businesses to earn more income. One of the businesses that are interrelated with the world of tourism is a laundry house service, engaged in laundry services, which makes this business attractive to a lot of residents and whose services are often used by tourism places. The laundry house industry is growing rapidly along with the increasing activity of residents. In this regard, this study examines two issues: (1) the supervision of the Environmental Agency on the laundry house industry in the disposal of waste residue and (2) the application of sanctions against perpetrators of violations of waste disposal as seen from the Regional Regulation of the City of Denpasar Number 11 of 2015. The method use to achieve these objectives is the method of empirical legal research which is carried out by conducting research examining the arising problems based on legal rules and then related to the realities in the field. The Environmental Agency of Denpasar City has enforced control of the breaking pf rules that have occurred; if there is a laundry house that violates it, a written statement is be issued but if the laundry house does not repair the waste treatment system, a warning letter is be issued. Ultimately, if the violation continues to take place, decisive repression in light criminal act is executed in collaboration with the local civil service police unit.

Abstract:

Problem setting. The global instability that currently exists in the world is forcing us to look for new models aimed at improving the economic and political situation within countries. The security sector, in turn, is the main component that ensures the stability and development of the state, and in the global crisis, this industry is becoming significantly more important. Therefore, having the appropriate amount of control, supervisory and organizational and legal powers, public authorities are the primary entities entrusted with ensuring this area of public policy. The purpose of the research is to analyze the managerial influence of public administration bodies on the formation and provision of the security sector of Ukraine. Analysis of resent researches and publications. Despite the significant contribution to the study of regulatory and legal support of the security sector of Ukraine by such scientists as Bodruk O., Duchyminska L., Ezheev M., Kolb O., Ponomarev S. and others, and given the political aggravation both within the country and in the international arena, the frequent violation by countries of their treaty obligations to the international community and other similar problems, further in-depth study of administrative and legal support of Ukraine's security sector and areas for improvement is extremely necessary. Article`s main body. The Law of Ukraine «On National Security of Ukraine» (21.06.2018), the Criminal Procedure Code of Ukraine, the Law of Ukraine «On Operational and Investigative Activities», the Decree of the President of Ukraine «On the decision of the National Security and Defense Council of Ukraine of September 14, 2020» On the National Security Strategy of Ukraine», the Civil Protection Code of Ukraine. A specific source aimed at the development and improvement of national security was the Concept of National Security of Ukraine, but from 19.06.2003 the latter expired because its provisions were reflected in the Law of Ukraine «On National Security of Ukraine». Nevertheless, the issue of the security sector's ability to ensure the country's real security in the relevant scenarios remains quite relevant, emphasizing the lack of a single document that would coordinate the actions and measures of public authorities on the criteria of implementation, type, priorities, goals and objectives, technical component etc. The analysis of the normative base allows to outline the main powers of local governments in matters of security of the territorial community, in turn, the author made a classification of these powers by functional orientation. Conclusions. The study confirms the overall regulatory and legal support of the security sector of Ukraine. This is manifested directly in the presence of a number of regulations, including bylaws, which define the mechanisms, principles, functions and procedures for protection of the population from emergencies, delimit the competence between the subjects in the field of security and defense. The legislator does not pay attention to the models of interaction of public institutions, which need some improvement. The creation of situational centers remains extremely justified.

Abstract:

Problem setting. The global instability that currently exists in the world is forcing us to look for new models aimed at improving the economic and political situation within countries. The security sector, in turn, is the main component that ensures the stability and development of the state, and in the global crisis, this industry is becoming significantly more important. Therefore, having the appropriate amount of control, supervisory and organizational and legal powers, public authorities are the primary entities entrusted with ensuring this area of public policy. The purpose of the research is to analyze the managerial influence of public administration bodies on the formation and provision of the security sector of Ukraine. Analysis of resent researches and publications. Despite the significant contribution to the study of regulatory and legal support of the security sector of Ukraine by such scientists as Bodruk O., Duchyminska L., Ezheev M., Kolb O., Ponomarev S. and others, and given the political aggravation both within the country and in the international arena, the frequent violation by countries of their treaty obligations to the international community and other similar problems, further in-depth study of administrative and legal support of Ukraine's security sector and areas for improvement is extremely necessary. Article`s main body. The Law of Ukraine «On National Security of Ukraine» (21.06.2018), the Criminal Procedure Code of Ukraine, the Law of Ukraine «On Operational and Investigative Activities», the Decree of the President of Ukraine «On the decision of the National Security and Defense Council of Ukraine of September 14, 2020» On the National Security Strategy of Ukraine», the Civil Protection Code of Ukraine. A specific source aimed at the development and improvement of national security was the Concept of National Security of Ukraine, but from 19.06.2003 the latter expired because its provisions were reflected in the Law of Ukraine «On National Security of Ukraine». Nevertheless, the issue of the security sector's ability to ensure the country's real security in the relevant scenarios remains quite relevant, emphasizing the lack of a single document that would coordinate the actions and measures of public authorities on the criteria of implementation, type, priorities, goals and objectives, technical component etc. The analysis of the normative base allows to outline the main powers of local governments in matters of security of the territorial community, in turn, the author made a classification of these powers by functional orientation. Conclusions. The study confirms the overall regulatory and legal support of the security sector of Ukraine. This is manifested directly in the presence of a number of regulations, including bylaws, which define the mechanisms, principles, functions and procedures for protection of the population from emergencies, delimit the competence between the subjects in the field of security and defense. The legislator does not pay attention to the models of interaction of public institutions, which need some improvement. The creation of situational centers remains extremely justified.

Abstract:

The subject of the research. The research focuses on the legal prohibitions and obligations for convicts to imprisonment fixed in the norms of legislation and in subordinate regulatory legal acts adopted in accordance with it.The purpose of the research is to confirm or refute the hypothesis that there is a current discrepancy between the content of the legal responsibilities of convicts and the goals of the penal enforcement such as rehabilitation and preventing of the commission of new crimes, their social essence and legal nature.Methods of the research. The research uses retrospective analysis of legislation in the field of execution of criminal punishment in the form of imprisonment, as well as analysis and synthesis of legal literature and empirical research data. To confirm the conclusions of the research authors use sociological survey of 364 citizens and 221 employees of penal institutions located in the Siberian Federal District (the cities of Kemerovo, Novokuznetsk, Novosibirsk, Tomsk, Omsk) aged from 18 to 73 years.The main results of the research and the scope of their application. On the basis of retrospective analysis of the norms of penal enforcement (formerly correctional labor) law, which establish the penitentiary duties of convicts, the goals and objectives of penal enforcement legal regulation, the results of an empirical study, it is concluded that some of the responsibilities (including prohibitions) of convicts in criminal enforcement law do not have a strict scientific explanation. Their establishment is dictated not only by the need to achieve the purposes of convicts rehabilitation and preventing the commission of new crimes, but also to solve a number of other tasks that do not fit into the existing concept of the execution of punishment in the form of imprisonment and violate the balance between the "punitive" and "correctional-preventive" content of punishment. These include responsibilities that: are a relic of the Soviet socialist society; provide administrative, economic, managerial and other activities of penal institutions; unreasonably "seem" to be an effective way to rehabilitate convicts and prevent the commission of new crimes by both convicts and other persons.Conclusions. The solution of the mentioned problems in the light of the development of penal enforcement policy in general and of its legislative form in particular is possible in several ways. The first one is that the legal responsibilities of the convicts to imprisonment should be reviewed (excluded, or the content should be changed), taking into account their real impact on the achievement of the goals established by law (or change the latter) and the constantly changing rules and traditions of the human society. The second one is to change the goals of the penal enforcement legislation to its current (and possibly future) norms. The third "middle ground" way consists in simultaneous changing of the goals of the penal enforcement legislation and of the legal responsibilities of convicts in the direction of expanding the dispositive principles of criminal enforcement legal regulation, excluding certain of their responsibilities and prohibitions and expanding their rights.

Abstract:

This article explores the causes for the emergence of “corruption-causing factors” in judicial acts, indicates correlation between “corruption-causing factors” and “private patronage” on the part of mafia institution (modern mafia groups), which is the highest “specific economic enterprise or industry that produces, encourages, and sells private patronage”, including interference in justice through corruption and bribery. The case law on the topic is analyzed. The object of this research is the activity of judges in assessing legally valid circ*mstances in relation to the responsibility of judges. The subject of this research is the norms of Russian legislation that regulate the activity of judges in assessing legally valid circ*mstances, as well as the texts of judicial acts on claims under the Article 125 of the Criminal Procedure Code of the Russian Federation, civil and administrative cases of the courts of St. Petersburg, and the responsibility of judges. The author notes the absence of definition of “corruption-causing factor” in the judicial act, its characteristics, responsibility of the judges for decision-making that contain “corruption-causing factor”, effective judicial bodies that “investigate” the disciplinary misconduct of judges. It is underlined that the implementation of the institution of investigative judge was anticipatory. The scientific novelty is substantiated by the fact that this article is first to outline the concept of “corruption-causing factor” in the judicial act as the grounds for bringing the judge to disciplinary responsibility. The conclusion is made that this is a comprehensive issue; thus, the longer it would take to solve the questions of effective legal regulation of the mechanism of judicial responsibility, the more it would augment the risks of proliferation of the “corruption-causing factor” in the judicial system, which destroys confidence in the government authorities and deteriorates the state from within.

Abstract:

The principle of proportionality is a general principle of EU law which applies to the European Central Bank (ECB) in the fields both of monetary policy and banking supervision. In recent years, the issue of the proportionality of the ECB’s action has been at the centre of extensive debate in European legal doctrine and jurisprudence. This article aims to contribute to this debate by providing a comprehensive analysis of the meaning and implications of the principle of proportionality in the field of banking supervision and monetary policy. The article is divided into four parts. Parts I gives a general overview of the origin of the principle and its subsequent developments in light of the case-law of the European Court of Justice. It also reflects on the different meanings of proportionality as a flexible and multi-faceted principle. Part II investigates the principle of proportionality according to an ex ante perspective, i.e. as a principle capable of governing and orienting legislative and administrative action. Under this perspective, the article analyses the way proportionality impacts banking regulation, banking supervision and monetary policy. Part III deals with the ex post perspective, i.e. the way proportionality is assessed and scrutinized by EU courts. Part IV concludes. Part III and IV will be published in the next issue. National courts, Court of Justice of the European Union, Preliminary reference procedure, national procedural autonomy, Appeals, Appellate courts

Abstract:

The Draft Guidelines on the assessment of non-horizontal mergers released by the Commission in February 2007 provides academia, industry and the larger public with an opportunity to comment on the treatment of non-horizontal concentrations under the new substantive test of the 2004 EC Merger Regulation. The Draft Guidelines is one of the continuous steps towards clarification of both substantive and procedural aspects of the reformed EC merger control. One of the issues that was expected to be clarified in the future Non-Horizontal Guidelines is the treatment of the efficiencies and incorporation of the efficiency defence in merger assessment process. As economic theory demonstrates, vertical and conglomerate concentrations are more likely to generate efficiencies that reduce costs and improve production or distribution processes and quality of the products thus ultimately benefiting the final consumer. As the efficiency defence was recognized in principle, but not yet applied by the Commission or Community courts, the future Non-Horizontal Guidelines have special importance in clarifying this legal concept and its practical application. Present work analyses the Draft Guidelines in the light of the preceding administrative guidelines issued by the Commission and recent case law developments in the area of EC merger control. The author submits that the Draft Guidelines fall short of improving the chances of the efficiency defence being effectively applied by the merging parties in view of the increasing standard of proof and judicial review. The article advocates the elaboration of more detailed and specific rules concerning the efficiency defence that would provide the parties with a functioning procedural mechanism giving a chance for efficiency claims to be considered against the alleged competitive harm.

Abstract:

The article examines the influence of state regulators on the organization of the process of international road transportation for Ukrainian carriers. It is substantiated that in the field of international road transportation there is a permit system between countries. That is, the main document that allows the performance of commercial transportation of goods or passengers on the territory of any state by a foreign vehicle is a permit to perform international road transportation of goods / passengers on the territory of a foreign state. A separate permit must be issued for each carriage of goods, which gives the right to carry out one run in the forward and reverse directions, unless another is stipulated in the permit itself. The competent authorities of the Contracting Parties will annually transmit to each other a mutually agreed number of forms of permits for the carriage of goods. In most cases, freight permits are issued within quotas on a parity basis. It has been proven that the administrative barrier in the form of permits for international road transportation is a deterrent to the free market. On the one hand, it is a kind of lever to protect national carriers, but on the other hand it is a restriction for the industry and not just transport. After all, changes in the legislation of the European Union will have an effect on Ukrainian carriers. Since, the process of negotiations in the direction of liberalization of road freight transportation for Ukrainian carriers is becoming more difficult. Therefore, the agreements reached with the countries that have agreed to such a step are extremely important. The legal acts included in the so-called Mobility Package and intended for the regulation of international road transportation in the European Union are described. Despite the fact that the norms of the Mobility Package now apply only to carriers from the EU member states and do not apply to carriers from the third countries, including Ukrainian, it is expected that the competent EU bodies will initiate proposals to extend a number of provisions of the Mobility Package to the carriers of non-EU countries. The proposed liberalization of the conditions for international road transportation is a new impetus for the development of the transport industry, as the absence of any barriers in the form of permits is a competitive advantage of domestic carriers in the road transport market.

Abstract:

The legal field frames social relations that arise and develop in modern society and the state. These or other legal relations are regulated, as a rule, by a specific branch of legislation, for example, budgetary, criminal, criminal procedural, arbitration, etc. Operating sometimes with the same legal categories, nevertheless, each of the branches of legislation can invest in the corresponding concept their especially, to introduce elements inherent only in this industry. This can easily be traced to an example of such a thing as currency. According to Part 2 of Art. 1 of the Federal Law of 10.12.2003 No. 173-FZ «On currency regulation and currency control» the institutions, concepts and terms of civil and administrative legislation of the Russian Federation and other branches of the legislation of the Russian Federation used in this federal law are applied in the sense in which they are used in these branches of the legislation of the Russian Federation, unless otherwise provided by this federal law. In other words, the concept of «currency» can have different meanings and, accordingly, will be treated differently within the framework of a specific branch of legislation.Meanwhile, such an approach can not be considered legitimate insofar as the different interpretation of the same term in different branches of legislation does not allow to fully realize the constitutional rights and freedoms of citizens. After all, branches of legislation do not exist in isolation from one another but are interrelated.The domestic law-enforcer, among other things, constantly starts with a category such as «damage». The article is devoted to the analysis of the problem of different interpretation of the category «damage» in relation to domestic and international legislation, and also discloses the problems of inconsistency of various branches of legislation. It is concluded that the person conducting the proceedings in the case can and is obliged, based on the analysis of the circ*mstances under consideration, to proceed from a comprehensive assessment of the category used in making the decision as applied to its understanding in aggregate in various branches of legislation. Besides it is necessary to create universal state data base for judges, prosecutors, investigators, etc., which would allow cross-sectoral free information exchange on the same subject.

Abstract:

Problem setting. A rapid leap in the digital development of society marked the beginning of the “fourth industrial revolution”, also called Industry 4.0. In a broad sense, Industry 4.0 characterizes the current trend in the development of automation and data sharing, which includes cyber-physical systems, the Internet of Things and cloud computing. Industry 4.0 is a new level of production and value chain organization throughout the entire product lifecycle. Digitalization is the saturation of the physical world with electronic-digital devices, means, systems (digital technologies) and the establishment of electronic-communication interaction between them. Analysis of recent researches and publications. The problem of the functioning of electronic administrative services was the interest of leading scientists Y.A. Drachuk, Y.A. Mikhailuk, S.A. Chukut, V.L. Polarnaya, V.V. Ryabets. Target of research. The purpose of the article is to consider the problems of digitalization of the Pension Fund of Ukraine on the example of legal regulation and implementation of the features of electronic services and electronic identification of citizens. Article’s main body. The digitalization of the Pension Fund of Ukraine is expressed in providing citizens with the provision of electronic services in the field of pension provision and keeping records of persons subject to compulsory state social insurance. The legal basis for the implementation and development of state electronic services is the Concept for the development of electronic services in Ukraine for 2016-2020. This document laid the foundations of state policy in this area and provides an appropriate set of measures for their implementation. The Pension Fund of Ukraine has its own portal of electronic services on the website, which, unfortunately, is not grouped by type of payment provided by the government, but by the category of recipients. By the category of recipients, all electronic services of PFCs are divided into services for pensioners, insured persons and insurers. A prerequisite for applying and receiving state electronic services in Ukraine is the use of electronic identification of individuals and legal entities. Among Ukrainian citizens, the most common is the mobile identification service, it is the simplest means of electronic identification, in addition, all state electronic services that are currently being implemented already by default contain the ability to log in using MobileID. The next most widely used means of electronic identification of individuals is BankID - verification of citizens through Ukrainian banks to provide administrative and other services via the Internet. The less popular types of electronic identification of citizens, as already noted, is electronic digital signature. Conclusions and prospects for the development. In order to receive the service in an online format, firstly, you need to have computer and Internet skills, and secondly, you need to receive an electronic digital signature, because without this a number of services are not available on the web portal, you can order a service, however, the result of the service will have to go to the PFU office, and thirdly, in the absence of an EDS, you must contact the fund office to obtain a login and password from the web portal for initial registration as a user of services. To improve the implementation and functioning of electronic services of the Pension Fund of Ukraine, it is recommended: conduct a study on the use of electronic services of PFCs among citizens in order to identify the most popular services and problems that citizens face in the process of using the web portal; to develop a program and introduce training courses for the population in order to increase the computer literacy of citizens on the use of electronic services of PFCs, within which they provide general information on working on the Internet, teach how to register on the PFU web portal and receive digital signatures, how to use the web portal; provide for regular demonstrations of the use of the PFU web portal and the benefits of applying for online services in PFC offices.

Abstract:

In the process of achieving Sustainable Development Goals by Ukraine and building Industry 4.0 here, which is accompanied by a global digital transformation (digitalization) of all public spheres of activity, such a multifunctional and multidimensional phenomenon as corruption is now a serious threat to all public relations, among which labor relations are no exception. It causes a decrease in the level of labor productivity of active employers due to manifestations of stigma, mobbing, bullying, primarily in relation to employees who expose corruption, etc. The purpose of the study is to clarify the content of one of the main elements of compliance in labor relations – anti-corruption compliance – using a synergetic approach characterized by a combination of labor law and labor economics, as well as to highlight the problems of regulating these relations and develop proposals for improving the current anti-corruption legislation in the field of labor in the light of digitalization of Ukraine and achieving sustainable development herein. The object of the study is the labor relations to ensure and support anti-corruption compliance at enterprises and the system of anti-corruption legislation, including in the field of labor, in Ukraine and abroad, which regulates these relations. The main methodological approach to the study of the chosen topic is synergetic, characterized by a combination of labor law and labor economics. The results of the study in the most generalized form justify the lack of certainty and little investigation of the legal and economic nature of such categories as "compliance" and "anti-corruption compliance", which have not yet become generally accepted for the conceptual apparatus of labor economics and, to a greater extent, labor legislation. Based on the theory of labor legislation and labor economics, the article describes anti-corruption compliance in labor relations as a condition of labor and a condition of an employment contract. The problematic issues of the implementation and regulation of labor relations in the field of anti-corruption compliance are identified: a low level of positive perception of the implementation of anti-corruption compliance policy in labor relations by the management of active enterprises; the existence of negative stereotypes in relation to employees who expose corruption; the lack of a clear methodology for measuring the level of digitalization of state processes today, which hinders the study of the impact of digitalization on strengthening the anti-corruption fight. In order to solve these problematic issues, it is proposed to supplement section X "Labor discipline" of the Labor Code of Ukraine, which regulates the internal labor regulations at an enterprise, institution or organization, with norms on new labor rights and obligations of the parties to labor relations that are directly related to combating corruption.

Abstract:

The subject of this article is to analyze the meaning of the prohibition of discrimination on grounds of nationality in the light of the provisions of primary and secondary European Union law and the case law of the Court of Justice of the European Union, which is inherent to the functioning of the internal market and EU citizenship. The prohibition of discrimination on grounds of nationality is undoubtedly one of the main goals of the European Union[1] in the social and economic context, which was reflected in the localization of the matter in question in the primary law of the European Union[2], in secondary law and in the jurisprudence of the Court of Justice of the European Union (CJEU). The Treaty on European Union (TEU)[3] and the Treaty on the Functioning of the European Union (TFEU)[4] indicate equality as one of the EU values (Article 2 TEU), require it to be promoted and combat all discrimination (Articles 8 and 10 TFEU) and prohibit discrimination due to the criteria indicated therein (Articles 18 and 19 TFEU). In secondary law, this principle was expressed primarily in the Regulation of the European Parliament and of the Council No. 492/2011 on the free movement of workers within the Union and in art. 24 of Directive 2004/38/EC 2004 on the right of citizens of the Union and their relatives to move freely[5]. A special role in this area is played by the case law of the Court of Justice of the European Union (CJEU), which stated that all authorities of the Member States are obliged to refuse to apply a provision of national law that is contrary to the prohibition of discrimination on the grounds of citizenship (Article 18 TFEU)[6]. Moreover, national measures may be examined in the light of art. 18 TFEU, but only to the extent that they apply to situations not covered by specific non-discrimination provisions included in the Treaty[7]. The author puts forward the thesis that the analysis of CJEU jurisprudence reveals a visible dissonance between the application of national regulations of the Member States and the provisions of EU law in this matter, which significantly hinders the implementation of the principle of non-discrimination in practice. Discrepancies mainly occur in domestic legal acts due to the improper drafting of national legal provisions and / or their misinterpretation by national judicial or administrative authorities. It should be emphasized that the Member States are obliged to comply with EU law, which is not tantamount only to the obligation of state authorities to respect directly applicable acts, or to implement required regulations into internal law, but also the obligation to interpret and apply internal law in a manner that does not violate the requirement resulting from EU law[8]. Judicial and administrative authorities of the Member States should therefore interpret national law as far as possible, in line with EU law, because the limits of the pro-EU interpretation will be determined by the powers conferred by domestic law[9]. The study uses the legal-comparative method, consisting in a comparative analysis of the legal systems of the Member States and the European Union in the field of non-discrimination on the basis of nationality, rights and restrictions on the freedom of movement of authorized entities. Comparative verification of EU acts with the internal standards of individual EU Member States allows to reveal the degree of advancement of the implementation process of EU law provisions under the free movement of EU citizens and their family members in the discussed area in the legal systems of European Union Member States. The purpose of this analysis is to, inter alia, diagnose areas in which these countries have not implemented or improperly implemented EU regulations, or have misinterpreted them. The second method used is the method of analyzing the jurisprudence of the Court of Justice of the European Union - the rulings of the CJEU constitute a significant part of the study. The case law in question covers the period from the establishment of the Treaties of Rome to the present day. The use of the latter obligated the author to apply the comparative method of judgments based on same or similar legal bases in similar circ*mstances from different stages of the evolution of the free movement of citizens of the European Union and their family members under the prohibition of discrimination on the basis of nationality. [1] Cf. Olivier De Schutter, Links between migration and discrimination. A legal analysis of the situation in EU Member States (Brussels: European Commission, 2016), 102 and next; See also Brita Sundberg-Weitman, Discrimination on Grounds of Nationality. Free Movement of Workers and Freedom of Establishment under the EEC Treaty (Amsterdam, New York, Oxford: North-Holland Publishing Co., 1977). [2] Erica Szyszczak, “Antidiscrimination Law in the European Union,” Fordham International Law Journal, no. 32 (2008): 635. [3] The Treaty on European Union (consolidated version) OJ of the EU 2012, No. C 326/01. [4] The Treaty on the Functioning of the European Union (consolidated version) OJ of the EU 2012, No. C 326/01. [5] Directive of the European Parliament and of the Council No. 2004/38 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No. 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (O.J.E.C. L 158, 30 April 2004). [6] CJEU Judgement of 7 May 1998, Clean Car Autoservice GmbH p. Landeshauptmann von Wien, Case C-350/96, ECLI:EU:C:1998:205. [7] CJEU Judgement of 18 June 2019, Republic of Austria v Federal Republic of Germany, Case C-591/17, ECLI:EU:C:2019:504, pt 41. [8] Marek Górski, “Wpływ orzecznictwa Europejskiego Trybunału Sprawiedliwości na interpretację i stosowanie przepisów o ochronie środowiska,” in Wspólnotowe prawo ochrony środowiska i jego implementacja w Polsce trzy lata po akcesji, ed. Jerzy Jendrośka and Magdalena Bar (Wrocław: Centrum Prawa Ekologicznego Press, 2008), 31. [9] Monika Niedźwiedź, “Stosowanie prawa wspólnotowego przez organy administracyjne,” Casus, no. 32 (October 2004): 6.

Abstract:

As space tourism related technology breakthrough, the outlook of mining activities having in space moves spacious to being a fact but it should develop in consent with international law, because the issue of space is a deal of international pointing, since space pointing as explorer zone by humanity. The significant guiding instruments in international space law in relating to space tourism industry are Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, that entered into force on 10 October 1967; Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, entered into force on 11 July 1984. These international treaties mainly condition to the states the freedom on exploration and using space, but at the same time do not consider national appropriation of it. The work also proposes European legislation that is applicable to space tourism. The main attention is given to the Treaty of Lisbon. But during the studying the author proposed the opinion that it can’t be acceptable to space tourism, since it does not directly or even indirectly indicate it. Although it may be applicable as such, due to the lack of appropriate specific acts in the field of space travel. However, this act is recommended as a fundamental basis for further international development of the law on space tourism, as it directly deals with space activities, so it can serve as a guide. The study also doesn’t lose sight of US law, since space tourism increase by US entities through activities with travel destination for the mass. Research show that US have national law instrument for US enforcement in space sphere, besides grants property rights to companies to conduct actions on own risks in space with traveler issue as well and opening it to the mass. Thus interprets the freedom enshrined in the UN space acts at its own expense. However, Outer Space Treaty is not consistent in light of the freedom issue in exploration and it interprets the liberty broadly, but the interdiction narrowly. Due to that, research reaches that current space related legislation regime would let for space journey to develop but not in the path the text of former domestic laws propose. Attention is also drawn to the social meaning consideration for further law implementation. This research examines the emerging role of social data in the context of highlighting law necessity to provide properly advanced international legal act on flights to the space with tourists on a spacecraft. Since, space tourism may affect international law. The findings indicate that social awareness due to geographical indicator could improve current situation in legal regulation of space tourism at risk of international law gap. What is now needed is a cross – national international law study involving law researchers on space tourism issue. An implication of these findings is that both social position and space flights with traveler purpose should be taken into account when international law – maker communityable to implement legal acts about understanding issues on entitlement and | or restriction of space activity as space journey. The unborn looking enterprises concerned in mining outer space a goods are working on protracted timelines on focus with society’s modern needs. The major point of this article is the explanation of the ban on national allocation, as only being a veto on state appropriation. Under the presumption that exegesis would be a violation of the sense society needs, not states as along. In folding on their own the arrangements to dominate objects beyond the competency of any single state, the US is obtaining a step back out of the international community. This will not be a advantage for the interests of nations though. But nevertheless, the author explains this by the fact that such a national privilege is associated with the direct growth of private activity, which required regulation, because at the international level there is no adoption of any specific acts in this area. In order space tourism open-up affect, for commercial companies necessary the potential to gain reasonable benefits and a stable legal setting [1]. Substitute option to the unilateral implementation of a legal base, and one that would sustain law confidence both domestically and internationally, is the modernization of an international regime for the stewardship of space excavation functioning as transmitted in Article 11 of the Moon Agreement. International law does not aid the unilateral provision of rights to conduct over outer space by states to an individual way, or through private corporation and should be accordingly to interpretations of the UN Space Acts disregard the common heritage of mankind. Such would have the prospect to ensure space tourism doesn’t fair bring individual profits, but betters of humanity.

Abstract:

As space tourism-related technology breakthrough, the outlook of mining activities having in space moves spacious to be a fact but it should develop in consent with international law, because the issue of space is a deal of international pointing, since space pointing as explorer zone by humanity. The significant guiding instruments in international space law in relating to the space tourism industry are Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, that entered into force on 10 October 1967; Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, entered into force on 11 July 1984. These international treaties mainly condition the states the freedom to explore and using space, but at the same time do not consider the national appropriation of it. The work also proposes European legislation that is applicable to space tourism. The main attention is given to the Treaty of Lisbon. But during the studying, the author proposed the opinion that it can’t be acceptable to space tourism, since it does not directly or even indirectly indicate it. Although it may be applied as such, due to the lack of appropriate specific acts in the field of space travel. However, this act is recommended as a fundamental basis for the further international development of the law on space tourism, as it directly deals with space activities, so it can serve as a guide. The study also doesn’t lose sight of US law, since space tourism increase by US entities through activities with travel destination for the mass. Research shows that US has national law instrument for US enforcement in the space sphere, besides grants property rights to companies to conduct actions on own risks in space with traveler issue as well and opening it to the mass. Thus interprets the freedom enshrined in the UN space acts at its own expense. However, Outer Space Treaty is not consistent in light of the freedom issue in exploration and it interprets liberty broadly, but the interdiction narrowly. Due to that, research reaches that current space-related legislation regime would let for a space journey to develop but not in the path the text of former domestic laws proposes. Attention is also drawn to the social meaning consideration for further law implementation. This research examines the emerging role of social data in the context of highlighting the law necessary to provide properly advanced international legal acts on flights to space with tourists on a spacecraft. Since space tourism may affect international law. The findings indicate that social awareness due to geographical indicators could improve the current situation in the legal regulation of space tourism at risk of international law gap. What is now needed is a cross-national international law study involving law researchers on the space tourism issue. An implication of these findings is that both social position and space flights with traveler purpose should be taken into account when the international lawmaker community able to implement legal acts about understanding issues on entitlement and | or restriction of space activity as space journey. The unborn looking enterprises concerned with mining outer space goods are working on protracted timelines on focus with society’s modern needs. The major point of this article is the explanation of the ban on national allocation, as only being a veto on state appropriation. Under the presumption that exegesis would be a violation of the sense society needs, not states as along. In folding on their own the arrangements to dominate objects beyond the competency of any single state, the US is obtaining a step back out of the international community. This will not be an advantage for the interests of nations though. But nevertheless, the author explains this by the fact that such a national privilege is associated with the direct growth of private activity, which required regulation because at the international level there is no adoption of any specific acts in this area. In order for space tourism to open-up effect, for commercial companies necessary the potential to gain reasonable benefits and a stable legal setting [1]. Substitute option to the unilateral implementation of a legal base, and one that would sustain law confidence both domestically and internationally, is the modernization of an international regime for the stewardship of space excavation functioning as transmitted in Article 11 of the Moon Agreement. International law does not aid the unilateral provision of rights to conduct over outer space by states in an individual way, or through a private corporation and should be accordingly to interpretations of the UN Space Acts disregard the common heritage of mankind. Such would have the prospect to ensure space tourism doesn’t fairly bring individual profits, but betters of humanity. Keywords: international law, space tourism, outer of space, commercialization of space, private space flights, International Treaty.

Abstract:

Actuality of the research topiс. Strategic priorities of world labor market development in the first quarter of the 21st century are shaped under the impact of a range of multidirectional actions factors – from globalization and respect for the open economy principle by majority of the world countries to neoprotectionism which is becoming more widespread in foreign economic policy of developed countries of the world. Each country which observes the market-based principles is closely linked to the world labor market via labor force resource and labor migration processes. These ties are constantly strengthening as countries obey international law, consider international labor market regulatory mechanisms in their national governance practice, and introduce the best world examples of institutional support for employment, unemployment reduction, labor migration regulation and counteracting all forms of discrimination at labor market. Respect for strategic priorities of world labor market development is of actual importance for all world countries, including Ukraine which for the last five years has significantly expanded labor migration flows and become the active participant of world labor market. Analysis of recent research and publications. Considerable contribution to the study of current situation and defining the newest world labor market development trends in the 21st century was made by profound Ukrainian scholars like A.Philippenko, O.Hrishnova, O.Malinovs’ka, E.Libanova, A.Dembitska and others. Among the foreign scientists who researched the core and main patterns of world labor market development within globalization we should mention G. Borjas, Y. Jansen, R. Celikates, J. de Bloois, A. Zolberg, E.Meyers, P. Wickramasekara, A. Zogata-Kusz etc. Extraction of unexplored parts of a common problem. Scope of the study into the core and constituencies of world labor market are pretty fully highlighted in the world economic literature. Yet, to define strategic priorities of world labor market development it is especially important to study the impact of institutional and organizational and economic tools of international organizations activity on world labor market regulation and development. This issue is an important component of international economic relations. Statement of the research purpose and tasks. The purpose of the study is to examine commonality and define strategic priorities of world labor market development in the 21st century. To achieve it the following tasks are set and resolved in the article: - to research the factors affecting world labor market reforming and defining the priorities of its development; - to research institutional and legal, organizational and economic mechanisms of international organizations impact on regulation and unification, defining strategic priorities of world labor market development; - to reveal the newest trends of world labor market development which are shaped under structural and innovative changes, countries’ transition to ‘Industry 4.0’, as well as under impact of labor migration processes. Method or methodology of the research. While defining strategic priorities of world labor market development a set of theoretical and empirical scientific research methods are used. Revealing institutional factors affecting world labor market development, historical and logical methods, methods of synthesis and analysis, abstract and specific methods, and cause-effect method are used. To research the impact of institutional and legal, organizational and economic mechanisms on world labor market historical and logical methods, methods of induction and deduction, methods of classification and generalization are employed. Whereas methods of synergy and expert estimates, casual method are used to justify the innovational processes and labor migration impact on shaping strategic priorities of world labor market development. Presentation of the main material (research results). World labor market is a complex economic system modified under dynamics of supply and demand for labor resources at the world market; under the impact of labor force price charges specificity, terms and pay level formation, as well as social security peculiar nature; qualitative and quantitative mobility and placement of labor force in different world countries; differences in national approaches to labor force reproduction, their professional training and qualification improvement. Within globalization national labor markets lose their closeness and remoteness, becoming constituent part of world labor market. Strategic priorities of world labor market development are shaped under the impact of a range of multidirectional actions factors: globalization and national economy openness, neoprotectionism, structural and innovational changes in world economy, countries’ transition to ‘Industry 4.0’. It occurs due to labor migration activization and enhancing the role of international organizations as coordinators of international economic relations development. Strategic priorities of world labor market development are strongly affected by the international organizations which set standard rules of the game for all countries of the world both at local and world labor markets. Among the priorities the following ones are particularly important: protecting the rights of the employed, unification of system of remuneration and taxation, establishing social guarantees and social security, procedures of admission and dismissal, preventing all forms of discrimination and legal employment. Transition to a 4-day working week is of reality for developed countries of the world. Working terms under freelance system are standardized, as well as for those who work from home in services and within the norms of creative economy. The 21st century faces the growth of labor force mobility, unification of labor migrants’ rights security, labor standards and salary conditions, guaranteeing labor migrants’ social protection. Institutional and legal, as well as organizational and economic security of national labor markets of the world countries is gradually harmonized and unified with world standards implemented by international organizations. International organizations shape the newest trends of world labor market reforms. Organizational forms of world labor market in the 21st century include elaboration and adoption of institutional and legal norms of world labor market development provision; indicative planning (forecasting); defining strategic priorities and long-term purposes of world labor market development; administrative regulatory methods (including fines, penalties, licenses and sanctions). The role of international institutional and financial assistance is growing via consultations, forums, technical aid and recommendations, as well as target-projected financing, grants, free humanitarian and other financial assistance. World labor market is a subject to regular international monitoring, system of international control on the development aimed at prevention all forms of discrimination, human rights and freedoms violation (including labor force and employees), child exploitation and human trade at the world labor market. Strategic priorities of world labor market reforms involve measures directed at employment legalization, preventing human trade and illegal labor force exploitation, avoiding child labor exploitation, preventing all forms of discrimination and ‘shadow economy’ features in recruitment and income generation, protection of employees and labor migrants’ rights and freedoms at world labor market. Reforming Ukrainian labor market as a part of world labor market demands for such strategic priorities as implementation of international standards on the employees’ rights security in Ukraine, pay rise in accordance with EU countries standards, prevention of discrimination and ‘shadow economy’ features at labor market, legalization of employers’ and employees’ income, protection of their rights and freedoms, social securing of their guarantees, as well as the ones for employed migrants working at Ukrainian labor market and Ukrainian labor migrants abroad. The field of the results application. International economic relations and world market. Conclusions according to the article. Trends of world labor market development are correlated with general trends and directions of economic cycle stages (recession, depression, growth and peak), whereas depending on demographical situation in the country and the world, character and dimension of countries’ economy structural transformation and integrational world countries grouping. Basic trends of world labor market development in the 2010s include system of remuneration reforming, moving to general growth in pay rise while freezing substantial discrepancies in wages and salaries between developed and developing countries of the world. The essential trend of world labor market is activization of labor migration processes both at the markets of developed and developing countries. Labor migration in the 21st century is mostly of legal official character, though their segments alter towards growth in demand for labor force at the EU and Asian markets. The demand for highly skilled professionals whose activity is close to innovations is rising dynamically at the world labor market.

Abstract:

Relevance of research topic. The number of Ukrainian holding-type organizations and their land bankcontinues to grow, "displacing" small and medium-sized producers from the agricultural economy.Since 2019, state policy has been refocusing on forced support for small and small-scale farms, and after the Ukrainian decentralization reform the leadership of the united territorial communities of the new tools they received depends on the development of small and medium-sized businesses. Formulation of the problem. Today, the actualization of local economic development requires significant financial resources from the united territorial communities. And the formation of their budget depends on the effectiveagricultural sector operation. After the Ukrainian reform of local self-government and decentralization, the economic development of the territories and of Ukraine as a whole, depends on the using of new tools and resources by the community leadership. The solution of theagrarian sphere problems of the united territorial communities is in the plane ofsmall agrarian entrepreneurship state support, strengthening of the state control over the activity of large agro-traders, as well as their social and financial responsibility to the united territorial communities. Analysis of recent research and publications. Theoretical questions on the study of small agrarian entrepreneurship in the development of united territorial communities were engaged in such scientists of the Institute of Economics of NASU, Institute of Agrarian Economics of NAAS of Ukraine, as Shemyakin D., Finagina O. V., Lysetsky A. S., Onishchenko O. M., and other national and foreign scientists. Selection of unexplored parts of the general problem. The issue of the impact of decentralization on theagricultural sector development of the united territorial communities needs to be detailed and further researched. Setting the task, the purpose of the study. The article aim is to investigate the theoretical aspect of organizational and legal foundations of the formation of united territorial communities in Ukraine, assess thesmall agricultural business current state and trace its relationship with the activities of united territorial communities for economic development. Method or methodology for conducting research. The set of general scientific methods of cognition and special methods of economic research are used in the work. Among them: analysis and synthesis, generalization and comparison, system-structural and comparative analysis, systematic method of cognition of economic processes and phenomena, index method and method of statistical groupings for analysis of united territorial communities activity development of the agro-industrial complex of Ukraine. Presentation of the main material (results of work). The article considers the theoretical aspect of organizational and legal foundations of the united territorial communities formation in Ukraine, assesses the current state of small agricultural business and reveals it’s main relationships with the united territorial communities activities for region economic development. Territorial communities are voluntary associations of residents of city, village and settlement councils, which directly receive funding from the state budget for the development of education, medicine, sports, culture, and social protection. Financial support from the state gives more opportunities to local communities to implement their own projects. The more active the territorial community, the more projects will be implemented and theterritorial communityprofitability level will be higher, which it will spend on the development of territories. This is the main incentive to attract additional investment to improve people's living standards. In 2020, theUkrainian Cabinet of Ministers adopted 24 orders on the definition of administrative centers and approval ofregional community’s territories. There are 1469 territorial communities in our country. After the launch of the decentralization process in Ukraine – the transfer of powers and resources to places from which the community itself determines the direction of funding, small communities require forresource lack for rural development. The solution has beena decision to consolidate several councils by merging, which allowed communities to use common resources for territorial development. Ukraine owns 60.3 million hectares, which is about 6% of Europe's territory.There are 32.7 millionarable land hectares of land in the structure of*ckrainian agricultural territory, of which almost 9 million are used as pastures, hayfields and other agricultural lands. The quarter of agricultural land was never distributed, remaining on the balance of the state. Thus, state and the communal property include 10.5 million hectares of agricultural land, which is 26% of the total area, of which 3.2 million hectares – in the permanent use of state enterprises, 2.5 million hectares – in stock, and the rest – for rent. Almost 40% of the total number of Ukrainian enterprises in the agricultural sector and 38% of the area of agricultural land cultivated by agricultural enterprises are absorbed by agricultural holdings and large agricultural traders. On June 1, 2019, there were more than 160 large agricultural holdings in the country, they cultivate more than 3.6 million hectares of agricultural land. Thus, today in Ukraine the number of holding-type organizations and their land bank continues to grow, "displacing" small and medium-sized producers from the agricultural economy. Thecommunity agrarian branch is a complex multi-sectoral system, the individual subsystems of which are unevenly represented in different territorial formations, but are in close interaction with each other. The role of small agrarian businesses in the development of united territorial community’sagriculture is constantly growing. In recent years, the share of farms has increased by 30%. With the development of farming in the agricultural regions of Ukraine, the opportunities to solve the problem of employment in rural areas and the revival of territories in general are increasing. Therefore, state support for agricultural producers is an important step in order to obtain funds for small business development in the agro-industrial sector. If earlier the preference of vectors of state support was in large agro-traders, then from 2019 the policy of the state was reoriented to the strengthened support of small and small-scale farms. Such support is confirmed by financial preferences for small agribusiness through regional branches of the Ukrainian State Farm Support Fund. Agricultural cooperatives will receive state support through cooperation with the Ministry of Agriculture of Ukraine with the assistance of the Department. Thus, today the promissory note form of payment has been abolished, and 70% of the cost of their equipment has been reimbursed for cooperatives. As a result of the crisis of 2014-2016, many Ukrainians started doing business and many successful cases of micro and small agricultural enterprises operating in the regions appeared in the country. However, barriers to rural development are a lack of financial resources and a lack of economic knowledge. Therefore, in order to maximally support farms and agro-industrial entrepreneurship in rural areas by the state, high-quality interaction and communication on the ground is needed. Thus, in addition to financial support, the state program also includes advising agricultural producers. Experienced specialists will help to structure the business, calculate the financial and create a business plan. In 2020, the budget of financial support for the agro-industrial sector of Ukraine is set at 4 billion UAH, which is only 43% of the limit – does not meet 1% of GDP. the real need for financial state support of a key sector of Ukraine's economy. The implementation of the program of financing micro and small agribusiness has great potential not only in the country, but also within each united territorial community. Each of them, which participates in the program of state support of small agrarian business, annually receives about 75 thousand UAH of taxes to its budget. On a national scale, this is an additional UAH 75 million ($ 3.06 million) in taxes to local budgets over 5 years. The possibility of organizational and legal forms of micro and small agribusiness, according to the current legislation of Ukraine, to hire labor – partially solves the problem of unemployment in rural areas. A significant contribution is also made by micro and small agribusiness in increasing the volume of gross domestic product in Ukraine. Small and medium business in Ukraine brings 55% of gross domestic product to the country's economy, and micro and small business 16%, while in Europe the figure is twice as high, and their efficiency is 10 times higher than in our country. It is the subjects of small and medium-sized businesses in the field of agriculture that are powerful catalysts and stimulators of business activity, determine the unification of all participants in economic relations in the country. Therefore, state support and effective development of united territorial community’sagribusiness create the basis for the emergence and functioning of the institutional environment. Thus, giving 12% of Ukraine's GDP and providing jobs for members of the local community, small agribusiness entities need the development of agricultural equipment suppliers, agricultural processors, research institutions that conduct breeding work and develop modern technologies, logistics infrastructure, market structures, as well as institutions of agricultural education. The agro-industrial sphere of the community is the main means of ensuring the socio-economic development of territorial united territorial communitiesand the effective functioning of rural areas. However, the distribution of agricultural land and land ownership remains an urgent problem for united territorial communities, as in addition to the territorial base, the land is a means of agricultural production. The population of the united territorial community is the main consumer of agricultural products produced by small agricultural enterprises. So, it provides a reproduction of labor for the industry. The vector of development of united territorial community’sagricultural production depends on the availability of natural, productive and labor resources of the community. The most energy-intensive are the production of vegetable crops, sugar beets, potatoes, industrial crops, as well as certain livestock industries, which are more often engaged in by farms and small agricultural enterprises. The study found that in Ukraine, government measures are the main obstacle to the development of agro-industrial entrepreneurship in united territorial communities, because it creates an extremely unfavorable climate for the development of small and medium enterprises or prohibits it altogether. For many years in a row, the sources of budget formation, which are generally local taxes, remain a significant problem in the development of agriculturally oriented united territorial communities. The limitation of incomes of agricultural enterprises and the population is the low efficiency of agricultural enterprises, the main reason for which is the low wages of peasants. The reason for this problem in the agricultural sector is low productivity, which forms the added value of agricultural products. Examining the structure of Ukrainian small agrarian business, its players in general education were classified into two large groups: 1. Farmers and agricultural producers living and working in rural areas. They live in a society within the lands of which they rent shares, pay all the necessary taxes, provide residents of general education with jobs, finished agricultural products at affordable prices. 2. Farmers who are registered in Ukrainian cities, however, use the land of the community, paying only the rent of agricultural land, depleting them due to non-compliance with crop rotations. Such agro-traders enjoy state support, soft loans and other preferences, receive super-profits and in no way contribute to the development of agricultural areas and society. These are the activities of large agro-industrial holdings, the form of interaction with rural general education and the mechanisms of social responsibility which need to be worked out with the help of the following measures by the government and agricultural producers: 1) development and restoration of the infrastructure of the united territorial communities and its elements used by agricultural holdings; 2) use of modern ecologically safe agrotechnologies. 3) training of qualified specialists in the field of agro-industrial complex, their employment in modern agro-industrial companies; 4) state support, restoration and preservation of recreational and health facilities of the united territorial communities, including agricultural lands, which are leased by large agricultural holdings; 5) involvement in the economic activity of the agricultural holding of farms on a partnership basis. Thus, partnerships and cooperation between large agricultural holdings and small agricultural producers of united territorial communities can contribute not only to the development of small agricultural businesses in Ukraine, but also to the socio-economic development of society and rural areas in general. The field of application of results. Thescientific research results on the problems of small agricultural entrepreneurship in the development of united territorial communities can be used in the field of state regulation of agribusiness and united territorial communities to support local agricultural producers. Conclusions according to the article. The agro-industrial sphere of the communities is the main means of ensuring the socio-economic development of territorial communities and the effective functioning of rural areas, because the development of farming opportunities increases the problem of rural employment and the revival of territories in general. That is why state support for agricultural producers is an important step to obtain funds for small business development in the agro-industrial sector.

Abstract:

The article analyzes the individual components of the mechanism of administrative and legal regulation of relations in the domestic pharmaceutical industry at the present stage. Some problematic aspects of such activity are outlined. The legal bases of regulation of relations in the domestic pharmaceutical industry and the preconditions for reforming both the industry as a whole and its institutional component are determined. It is noted that the state policy in the pharmaceutical sector is implemented by public authorities, however, which, based on the constant change of the central executive system and decentralization reform, undergo quite frequent transformations, which directly affects the quality of their direct functions. In the pharmaceutical industry of Ukraine, there are a number of problematic issues, including corruption. One of the most painful problems facing the country is the problem of providing the population with quality and affordable medicines. The directions of activity of the domestic pharmaceutical branch are analyzed. It is noted that the administrative and legal regulation of relations in the pharmaceutical industry is an integral part of national management. The mechanism of administrative and legal regulation of relations in the pharmaceutical industry is considered as a system of tools (legal, organizational and institutional), which are components of the impact of this branch of law on public relations in the pharmaceutical industry and aimed at ensuring its proper functioning. The analysis of elements of administrative and legal regulation of relations in the pharmaceutical industry is carried out. Keywords: pharmaceutical industry, mechanism of administrative and legal regulation, administrative and legal regulation of relations in the pharmaceutical industry, health care legislation, medical industry, administration in the medical field

Abstract:

The article describes practical problems of regulatory support of the rights and obligations of the central executive authorities in in public financial activity in Ukraine. Legal acts aimed at sectoral regulation (constitutional, administrative, budgetary) were analyzed. As a result the next conclusion was made: the main factors affecting the ambiguity in the practical application of the rules that determine the powers of central executive bodies are different approaches laid down at different industry-specific laws of Ukraine (specifically the legislation that determines the legal status of such bodies, financial legislation, legislation on administrative services). It has been proved that legal regulation of the rights and obligations of central executive bodies requires improvement. The issues requiring the legislative developments are next: the powers of the central executive body that implements state policy in the field of road facilities in terms of executing budgetary control over budgetary funds usage by its territorial bodies; improvement of the legal regulation of powers of the central executive body in the field of transport in terms of setting the rates of the port administrative dues; determination at the legislative level the rights and obligations of the national commission which provides the state regulation in the field of transport, approval of the methodology for calculating administrative port dues, and legal regulation of the collection of the administrative port dues, taking into account the regulations that determine the basis for the collection of administrative dues as payments for administrative services.

Abstract:

The article describes the modern legislation of legal regulation of trade secrets, in particular the provisions of the Civil Code of Ukraine. It is noted that legal relations in the field of trade secrets are governed by the Criminal and Commercial Codes of Ukraine, the Code of Administrative Offenses, a number of laws, including the Laws of Ukraine: «On Information», «On Protection against Unfair Competition», «On Banks and banking activity», «On advocacy and advocacy activity», «On state secret» and by-laws, the resolution of the Cabinet of Ministers of Ukraine «On the list of information that does not constitute a trade secret». The study found that in Ukraine, as in many other countries, new technologies, intellectual property and other products are created that contain trade secrets that need legal protection. Due to new information achievements, state borders are practically transparent for the circulation of information. In this case, the more this industry is involved in commercial turnover, the greater the need to protect the interests of the owners of trade secrets. Keywords: legal regulation, information, trade secret, legal responsibility, owner of trade secret, intellectual property, economic activity

Abstract:

The author emphasizes the importance of effective public administration of the tourism industry in modern conditions. The expediency of developing measures to increase the effectiveness of state regulation of tourism at different levels is noted. The definition of the concepts «mechanism of state regulation of the market of tourist services» and «regulation and management of the tourist industry» is characterized. The key aspects of public administration in the field of tourism are revealed. The institutions of state regulation by the levels of public administration decisions are considered. Financial, marketing tools and communication technologies are singled out. The content of the tools for implementing the mechanisms of public administration in the field of tourism in Ukraine is graphically presented. On the basis of the conducted theoretical research, three mechanisms of public administration in the field of tourism are identified, that is, administrative, legal, economic and organizational; means of their implementation, support and tools for the development of the tourism industry are identified. The need to determine the structure of the mechanism of public administration by clarifying its purpose is emphasized. The main purpose of the mechanism of state management of the tourism industry is outlined and the measures necessary for its implementation are determined. The methods of public administration of the tourism industry, which are implemented through certain forms, are described. The role of the Strategy for the development of tourism and resorts for the period up to 2026 in the implementation of the economic mechanism of state management of the tourism industry is determined. The research methods used are classification, elucidation of causal relationships, systematization, analysis of documentation and results of researchers on the problem of the study. Theoretical and practical value of the work lies in the availability of theoretical material on the study, eliminated among other things in the process of finding information on the topic, and in the systematization of the material of the research direction. The study has a deeper degree of analysis of the research area, based on previous research by scientists, dissertators and researchers.

Abstract:

AbstractThe interest in the experience of legislative solutions to problems connected with the design and development of legal institutions in environmental protection in foreign countries, at first glance, is not directly related to the study of the laws of functioning and development of this legal institution. The relevance of the study is determined by the fact that such an interest appears as rather justified and even logical, if one is to proceed, firstly, from general ideas about the development of land legislation in the context of globalisation, and secondly, if one is to consider the desire of countries to more widely implement global and European standards of environmental policies and rights and approaches to environmental protection in general. The purpose of this article is determined by the identification the main problems of land protection legislation in the field of and form on their basis the effective system of environmental regulation, combining administrative and legislative instruments with economic, regulatory and market mechanisms. Analysis of international legal acts is used as the leading research method. It was determined that the positive experience in foreign countries related to the legal regulation of relations in legal protection of the environment allows transferring the theoretical ideas about the legal structures existing in other countries to the practical plane, which, in turn, allow to optimally regulate the appropriate circle of public relations, taking into consideration the relevant historical traditions, the internal structure of national legislation, the features of the development of environmental legislation of the respective country. The concept of protecting land from pollution by hazardous substances and ways of improving and adapting legislation in the field of waste management were proposed. The practical significance of the study is determined by the need to integrate the land legislation industry into national environmental legislation.

Abstract:

On Wednesday 21 April the Minister for Communications, Information Technology and the Arts introduced a piece of legislation into the Australian Senate to regulate the way Australians use the Internet. This legislation is presented within Australia's existing system of content regulation, a scheme that the Minister describes is not censorship, but merely regulation (Alston 55). Underlying Senator Alston's rhetoric about the protection of children from snuff film makers, paedophiles, drug pushers and other criminals, this long anticipated bill is aimed at reducing the amount of p*rnographic materials available via computer networks, a censorship regime in an age when regulation and classification are the words we prefer to use when society draws the line under material we want to see, but dare not allow ourselves access to. Regardless of any noble aspirations expressed by free-speech organisations such as Electronic Frontiers Australia relating to the defence of personal liberty and freedom of expression, this legislation is about p*rn. Under the Bill, Australia would proscribe our citizens from accessing: explicit depictions of sexual acts between consenting adults; mild non-violent fetishes; depictions of sexual violence, coercion or non-consent of any kind; depictions of child sexual abuse, bestial*ty, sexual acts accompanied by offensive fetishes, or exploitative incest fantasies; unduly detailed and/or relished acts of extreme violence or cruelty; explicit or unjustifiable depictions of sexual violence against non-consenting persons; and detailed instruction or encouragement in matters of crime or violence or the abuse of proscribed drugs. (OFLC) The Australian public, as a whole, favour the availability of sexually explicit materials in some form, with OFLC data indicating a relatively high degree of public support for X rated videos, the "high end" of the p*rn market (Paterson et al.). In Australia strict regulation of X rated materials in conventional media has resulted in a larger illegal market for these materials than the legalised sex industries of the ACT and Northern Territory (while 1.2 million X rated videos are legally sold out of the territories, 2 million are sold illegally in other jurisdictions, according to Patten). In Australia, censorship of media content has traditionally been based on the principles of the protection of society from moral harm and individual degradation, with specific emphasis on the protection of innocents from material they are not old enough for, or mentally capable of dealing with (Joint Select Committee on Video Material). Even when governments distanced themselves from direct personal censorship (such as Don Chipp's approach to the censorship of films and books in the late 1960s and early 1970s) and shifted the rationale behind censorship from prohibition to classification, the publicly stated aims of these decisions have been the support of existing community standards, rather than the imposition of strict legalistic moral values upon an unwilling society. In the debates surrounding censorship, and especially the level of censorship applied (rather than censorship as a whole), the question "what is the community we are talking about here?" has been a recurring theme. The standards that are applied to the regulation of media content, both online and off, are often the focus of community debate (a pluralistic community that obviously lacks "standards" by definition of the word). In essence the problem of maintaining a single set of moral and ethical values for the treatment of media content is a true political dilemma: a problem that lacks any form of solution acceptable to all participants. Since the introduction of the Internet as a "mass" medium (or more appropriately, a "popular" one), government indecision about how best to treat this new technology has precluded any form or content regulation other than the ad hoc use of existing non-technologically specific law to deal with areas of criminal or legally sanctionable intent (such as the use of copyright law, or the powers under the Crimes Act relating to the improper use of telecommunications services). However, indecision in political life is often associated with political weakness, and in the face of pressure to act decisively (motivated again by "community concern"), the Federal government has decided to extend the role of the Australian Broadcasting Authority to regulate and impose a censorship regime on Australian access of morally harmful materials. It is important to note the government's intention to censor access, rather than content of the Internet. While material hosted in Australia (ignoring, of course, the "cyberspace" definitions of non-territorial existence of information stored in networks) will be censored (removed from Australia computers), the government, lacking extraterritorial powers to compel the owners of machines located offshore, intends to introduce of some form of refused access list to materials located in other nations. What is interesting to consider in this context is the way that slight shifts of definitional paradigm alter the way this legislation can be considered. If information flows (upon which late capitalism is becoming more dependent) were to be located within the context of international law governing the flow of waterways, does the decision to prevent travel of morally dubious material through Australia's informational waterways impinge upon the riparian rights of other nations (the doctrine of fair usage without impeding flow; Godana 50)? Similarly, if we take Smith's extended definition of community within electronic transactional spaces (the maintenance of members' commitment to the group, monitoring and sanctioning behaviour and the production and distribution of resources), then the current Bill proposes the regulation of the activities of one community by another (granted, a larger community that incorporates the former). Seen in this context, this legislation is the direct intervention in an established social order by a larger and less hom*ogeneous group. It may be trite to quote the Prime Minister's view of community in this context, where he states ...It is free individuals, strong communities and the rule of law which are the best defence against the intrusive power of the state and against those who think they know what is best for everyone else. (Howard 21) possibly because the paradigm in which this new legislation is situated does not classify those Australians online (who number up to 3 million) as a community in their own right. In a way the Internet users of Australia have never identified themselves as a community, nor been asked to act in a communitarian manner. While discussions about the value of community models when applied to the Internet are still divided, there are those who argue that their use of networked services can be seen in this light (Worthington). What this new legislation does, however, is preclude the establishment of public communities in order to meet the desires of government for some limits to be placed on Internet content. The Bill does allow for the development of "restricted access systems" that would allow pluralistic communities to develop and engage in a limited amount of self-regulation. These systems include privately accessible Intranets, or sites that restrict access through passwords or some other form of age verification technique. Thus, ignoring the minimum standards that will be required for these communities to qualify for some measure of self-regulatory freedom, what is unspoken here is that specific subsections of the Internet population may exist, provided they keep well away from the public gaze. A ghetto without physical walls. Under the Bill, a co-regulatory approach is endorsed by the government, favouring the establishment of industry codes of practice by ISPs and (or) the establishment of a single code of practice by the content hosting industry (content developers are relegated to yet undetermined complementary state legislation). However, this section of the Bill, in mandating a range of minimum requirements for these codes of practice, and denying plurality to the content providers, places an administrative imperative above any communitarian spirit. That is, that the Internet should have no more than one community, it should be an entity bound by a single guiding set of principles and be therefore easier to administer by Australian censors. This administrative imperative re-encapsulates the dilemma faced by governments dealing with the Internet: that at heart, the broadcast and print press paradigms of existing censorship regimes face massive administrative problems when presented with a communications technology that allows for wholesale publication of materials by individuals. Whereas the limited numbers of broadcasters and publishers have allowed the development of Australia's system of classification of materials (on a sliding scale from G to RC classifications or the equivalent print press version), the new legislation introduced into the Senate uses the classification scheme simply as a censorship mechanism: Internet content is either "ok" or "not ok". From a public administration perspective, this allows government to drastically reduce the amount of work required by regulators and eases the burden of compliance costs by ISPs, by directing clear and unambiguous statements about the acceptability of existing materials placed online. However, as we have seen in other areas of social policy (such as the rationalisation of Social Security services or Health), administrative expedience is often antipathetic to small communities that have special needs, or cultural sensitivities outside of mainstream society. While it is not appropriate to argue that public administration creates negative social impacts through expedience, what can be presented is that, where expedience is a core aim of legislation, poor administration may result. For many Australian purveyors of p*rnography, my comments will be entirely unhelpful as they endeavour to find effective ways to spoof offshore hosts or bone up (no pun intended) on tunnelling techniques. Given the easy way in which material can be reconstituted and relocated on the Internet, it seems likely that some form of regulatory avoidance will occur by users determined not to have their content removed or blocked. For those regulators given the unenviable task of censoring Internet access it may be worthwhile quoting from Sexing the Cherry, in which Jeanette Winterson describes the town: whose inhabitants are so cunning that to escape the insistence of creditors they knock down their houses in a single night and rebuild them elsewhere. So the number of buildings in the city is always constant but they are never in the same place from one day to the next. (43) Thus, while Winterson saw this game as a "most fulfilling pastime", it is likely to present real administrative headaches to ABA regulators when attempting to enforce the Bill's anti-avoidance clauses. The Australian government, in adapting existing regulatory paradigms to the Internet, has overlooked the informal communities who live, work and play within the virtual world of cyberspace. In attempting to meet a perceived social need for regulation with political and administrative expedience, it has ignored the potentially cohesive role of government in developing self-regulating communities who need little government intervention to produce socially beneficial outcomes. In proscribing activity externally to the realm in which these communities reside, what we may see is a new type of community, one whose desire for a feast of flesh leads them to evade the activities of regulators who operate in the "meat" world. What this may show us is that in a virtual environment, the regulators' net is no match for a world wide web. References Alston, Richard. "Regulation is Not Censorship." The Australian 13 April 1999: 55. Paterson, K., et. al. Classification Issues: Film, Video and Television. Sydney: The Office of Film and Literature Classification, 1993. Patten, F. Personal interview. 9 Feb. 1999. Godana, B.A. Africa's Shared Water Resources: Legal and Institutional Aspects of the Nile, Niger and Senegal River Systems. London: Frances Pinter, 1985. Howard, John. The Australia I Believe In: The Values, Directions and Policy Priorities of a Coalition Government Outlined in 1995. Canberra: Liberal Party, 1995. Joint Select Committee On Video Material. Report of the Joint Select Committee On Video Material. Canberra: APGS, 1988. Office of Film and Literature Classification. Cinema & Video Ratings Guide. 1999. 1 May 1999 <http://www.oflc.gov.au/classinfo.php>. Smith, Marc A. "Voices from the WELL: The Logic of the Virtual Commons." 1998. 2 Mar. 1999 <http://www.sscnet.ucla.edu/soc/csoc/papers/voices/Voices.htm>. Winterson, Jeanette. Sexing the Cherry. New York: Vintage Books. 1991. Worthington, T. Testimony before the Senate Select Committee on Information Technologies. Unpublished, 1999. Citation reference for this article MLA style: Peter Chen. "Community without Flesh: First Thoughts on the New Broadcasting Services Amendment (Online Services) Bill 1999." M/C: A Journal of Media and Culture 2.3 (1999). [your date of access] <http://www.uq.edu.au/mc/9905/bill.php>. Chicago style: Peter Chen, "Community without Flesh: First Thoughts on the New Broadcasting Services Amendment (Online Services) Bill 1999," M/C: A Journal of Media and Culture 2, no. 3 (1999), <http://www.uq.edu.au/mc/9905/bill.php> ([your date of access]). APA style: Author. (1999) Community without flesh: first thoughts on the new broadcasting services amendment (online services) bill 1999. M/C: A Journal of Media and Culture 2(3). <http://www.uq.edu.au/mc/9905/bill.php> ([your date of access]).

Abstract:

Introduction 2021 was the year that NFTs got big—not just in value but also in terms of the cultural consciousness. When digital artist Beeple sold the portfolio of his 5,000 daily images at Christie’s for US$69 million, the art world was left intrigued, confused, and outraged in equal measure. Depending on who you asked, non-fungible tokens (NFTs) seemed to be either a quick cash-grab or the future of the art market (Bowden and Jones; Smee). Following the Beeple sale, articles started to appear indicating that the film industry was abuzz for NFTs. Independent filmmaker Kevin Smith was quick to announce that he planned to release his horror film Killroy Was Here as an NFT (Alexander); in September 2021 the James Bond film No Time to Die also unveiled a series of collectibles to coincide with the film’s much-delayed theatrical release (Natalee); the distribution and collectible platforms Vuele, NFT Studios, and Mogul Productions all emerged, and the industry rumour mill suggests more start-ups are en route (CurrencyWorks; NFT Studios; NewsBTC). Blockchain disciples say that the technology will solve all the problems of the Internet (Tewari; Norton; European Business Review); critics say it will only perpetuate existing accessibility and equality issues (Davis and Flatow; Klein). Those more circ*mspect will doubtless sit back until the dust settles, waiting to see what parts of so-called web3 will be genuinely integrated into the architecture of the Internet. Pamela Hutchinson puts it neatly in terms of the arts sector: “the NFT may revolutionise the art market, film funding and distribution. Or it might be an ecological disaster and a financial bubble, in which few actual movies change hands, and fraudsters get rich from other people’s intellectual property” (Hutchinson). There is an uptick in the literature around NFTs and blockchain (see Quiniou; Gayvoronskaya & Meinel); however, the technology remains unregulated and unstandardised (Yeung 212-14; Dimitropoulos 112-13). Similarly, the sheer amount of funding being put into fundamental technical, data, and security-related issues speaks volumes to the nascency of the space (Ossinger; Livni; Gayvoronskaya & Meinel 52-6). Put very briefly, NFTs are part of a given blockchain system; think of them, like cryptocurrency coins, as “units of value” within that system (Roose). NFTs were initially rolled out on Ethereum, though several other blockchains have now implemented their own NFT frameworks. NFTs are usually not the artwork itself, but rather a unique, un-copyable (hence, non-fungible) piece of code that is attached, linked, or connected to another digital file, be that an image, video, text, or something else entirely. NFTs are often referred to as a digital artwork’s “certificate of authenticity” (Roose). At the time of writing, it remains to be seen how widely blockchain and NFT technology will be implemented across the entertainment industries. However, this article aims to outline the current state of implementation in the film trade specifically, and to attempt to sort true potential from the hype. Beginning with an overview of the core issues around blockchain and NFTs as they apply to film properties and adjacent products, current implementations of the technology are outlined, before finishing with a hesitant glimpse into the potential future applications. The Issues and Conversation At the core of current conversations around blockchain are three topics: intellectual property and ownership, concentrations of power and control, and environmental impact. To this I would like to add a consideration of social capital, which I begin with briefly here. Both the film industry and “crypto” — if we take the latter to encompass the various facets of so-called ‘web3’ — are engines of social capital. In the case of cinema, its products are commodified and passed through a model that begins with exclusivity (theatrical release) before progressing to mass availability (home media, streaming). The cinematic object, i.e., an individual copy of a film, is, by virtue of its origins as a mass product of the twentieth century, fungible. The film is captured, copied, stored, distributed, and shared. The film-industrial model has always relied on social phenomena, word of mouth, critical discourse, and latterly on buzz across digital social media platforms. This is perhaps as distinct from fine art, where — at least for dealers — the content of the piece does not necessarily matter so much as verification of ownership and provenance. Similarly, web3, with its decentralised and often-anonymised processes, relies on a kind of social activity, or at least a recorded interaction wherein the chain is stamped and each iteration is updated across the system. Even without the current hype, web3 still relies a great deal on discourse, sharing, and community, particularly as it flattens the existing hierarchies of the Internet that linger from Web 2.0. In terms of NFTs, blockchain systems attach scarcity and uniqueness to digital objects. For now, that scarcity and uniqueness is resulting in financial value, though as Jonathan Beller argues the notion of value could — or perhaps should — be reconsidered as blockchain technology, and especially cryptocurrencies, evolve (Beller 217). Regardless, NFT advocates maintain that this is the future of all online activity. To questions of copyright, the structures of blockchain do permit some level of certainty around where a given piece of intellectual property emerged. This is particularly useful where there are transnational differences in recognition of copyright law, such as in France, for instance (Quiniou 112-13). The Berne Convention stipulates that “the subsistence of copyright does not rest on the compliance with formal requirements: rights will exist if the work meets the requirements for protection set out by national law and treaties” (Guadamuz 1373). However, there are still no legal structures underpinning even the most transparent of transactions, when an originator goes out of their way to transfer rights to the buyer of the accompanying NFT. The minimum requirement — even courtesy — for the assignment of rights is the identification of the work itself; as Guadamuz notes, this is tricky for NFTs as they are written in code (1374). The blockchain’s openness and transparency are its key benefits, but until the code can explicitly include (or concretely and permanently reference) the ‘content’ of an NFT, its utility as a system of ownership is questionable. Decentralisation, too, is raised consistently as a key positive characteristic of blockchain technology. Despite the energy required for this decentralisation (addressed shortly), it is true that, at least in its base code, blockchain is a technology with no centralised source of truth or verification. Instead, such verification is performed by every node on the chain. On the surface, for the film industry, this might mean modes of financing, rights management, and distribution chains that are not beholden to multinational media conglomerates, streamers like Netflix, niche intermediaries, or legacy studios. The result here would be a flattening of the terrain: breaking down studio and corporate gatekeeping in favour of a more democratised creative landscape. Creators and creative teams would work peer-to-peer, paying, contracting, servicing, and distribution via the blockchain, with iron-clad, publicly accessible tracking of transactions and ownership. The alternative, though, is that the same imbalances persist, just in a different form: this is outlined in the next section. As Hunter Vaughan writes, the film industry’s environmental impact has long been under-examined. Its practices are diverse, distributed, and hard to quantify. Cinematic images, Vaughan writes, “do not come from nothing, and they do not vanish into the air: they have always been generated by the earth and sun, by fossil fuels and chemical reactions, and our enjoyment of them has material consequences” (3). We believe that by watching a “green” film like Avatar we are doing good, but it implicates us in the dirty secret, an issue of “ignorance and of voluntary psychosis” where “we do not see who we are harming or how these practices are affecting the environment, and we routinely agree to accept the virtual as real” (5). Beyond questions of implication and eco-material conceptualisation, however, there are stark facts. In the 1920s, the Kodak Park Plant in New York drew 12 million gallons of water from Lake Ontario each day to produce film stock. As the twentieth century came to a close, this amount — for a single film plant — had grown to 35-53 million gallons per day. The waste water was perfunctorily “cleaned” and then dumped into surrounding rivers (72-3). This was just one plant, and one part of the filmmaking process. With the shift to digital, this cost might now be calculated in the extraction of precious metals used to make contemporary cameras, computers, or storage devices. Regardless, extrapolate outwards to a global film industry and one quickly realises the impact is almost beyond comprehension. Considering — let alone calculating — the carbon footprint of blockchain requires outlining some fundamentals of the technology. The two primary architectures of blockchain are Proof of Work (PoW) and Proof of Stake (PoS), both of which denote methods of adding and verifying new blocks to a chain. PoW was the first model, employed by Bitcoin and the first iteration of Ethereum. In a PoW model, each new block has a specific cryptographic hash. To confirm the new block, crypto miners use their systems to generate a target hash that is less than or equal to that of the block. The systems process these calculations quickly, as the goal is to be “the first miner with the target hash because that miner is the one who can update the blockchain and receive crypto rewards” (Daly). The race for block confirmation necessitates huge amounts of processing power to make these quick calculations. The PoS model differs in that miners are replaced by validators (or staking services where participants pool validation power). Rather than investing in computer power, validators invest in the blockchain’s coins, staking those coins (tokens) in a smart contract (think of this contract like a bank account or vault). When a new block is proposed, an algorithm chooses a validator based on the size of their stake; if the block is verified, the validator receives further cryptocurrency as a reward (Castor). Given the ubiquity and exponential growth of blockchain technology and its users, an accurate quantification of its carbon footprint is difficult. For some precedent, though, one might consider the impact of the Bitcoin blockchain, which runs on a PoW model. As the New York Times so succinctly puts it: “the process of creating Bitcoin to spend or trade consumes around 91 terawatt-hours of electricity annually, more than is used by Finland, a nation of about 5.5 million” (Huang, O’Neill and Tabuchi). The current Ethereum system (at time of writing), where the majority of NFT transactions take place, also runs on PoW, and it is estimated that a single Ethereum transaction is equivalent to nearly nine days of power consumption by an average US household (Digiconomist). Ethereum always intended to operate on a PoS system, and the transition to this new model is currently underway (Castor). Proof of Stake transactions use significantly less energy — the new Ethereum will supposedly be approximately 2,000 times more energy efficient (Beekhuizen). However, newer systems such as Solana have been explicit about their efficiency goals, stating that a single Solana transaction uses less energy (1,837 Joules, to be precise) than keeping an LED light on for one hour (36,000 J); one Ethereum transaction, for comparison, uses over 692 million J (Solana). In addition to energy usage, however, there is also the question of e-waste as a result of mining and general blockchain operations which, at the time of writing, for Bitcoin sits at around 32 kilotons per year, around the same as the consumer IT wastage of the Netherlands (de Vries and Stoll). How the growth in NFT awareness and adoption amplifies this impact remains to be seen, but depending on which blockchain they use, they may be wasting energy and resources by design. If using a PoW model, the more valuable the cryptocurrency used to make the purchase, the more energy (“gas”) required to authenticate the purchase across the chain. Images abound online of jerry-rigged crypto data centres of varying quality (see also efficiency and safety). With each NFT minted, sold, or traded, these centres draw — and thus waste, for gas — more and more energy. With increased public attention and scrutiny, cryptocurrencies are slowly realising that things could be better. As sustainable alternatives become more desirable and mainstream, it is safe to predict that many NFT marketplaces may migrate to Cardano, Solana, or other more efficient blockchain bases. For now, though, this article considers the existing implementations of NFTs and blockchain technology within the film industry. Current Implementations The current applications of NFTs in film centre around financing and distribution. In terms of the former, NFTs are saleable items that can raise capital for production, distribution, or marketing. As previously mentioned, director Kevin Smith launched Jay & Silent Bob’s Crypto Studio in order to finish and release Killroy Was Here. Smith released over 600 limited edition tokens, including one of the film itself (Moore). In October 2021, renowned Hong Kong director Wong Kar-wai sold an NFT with unreleased footage from his film In the Mood for Love at Sotheby’s for US$550,000 (Raybaud). Quentin Tarantino entered the arena in January 2022, auctioning uncut scenes from his 1994 film Pulp Fiction, despite the threat of legal action from the film’s original distributor Miramax (Dailey). In Australia, an early adopter of the technology is director Michael Beets, who works in virtual production and immersive experiences. His immersive 14-minute VR film Nezunoban (2020) was split into seven different chapters, and each chapter was sold as an NFT. Beets also works with artists to develop entry tickets that are their own piece of generative art; with these tickets and the chapters selling for hundreds of dollars at a time, Beets seems to have achieved the impossible: turning a profit on a short film (Fletcher). Another Australian writer-producer, Samuel Wilson, now based in Canada, suggests that the technology does encourage filmmakers to think differently about what they create: At the moment, I’m making NFTs from extra footage of my feature film Miles Away, which will be released early next year. In one way, it’s like a new age of behind-the-scenes/bonus features. I have 14 hours of DV tapes that I’m cutting into a short film which I will then sell in chapters over the coming months. One chapter will feature the dashing KJ Apa (Songbird, Riverdale) without his shirt on. So, hopefully that can turn some heads. (Wilson, in Fletcher) In addition to individual directors, a number of startup companies are also seeking to get in on the action. One of these is Vuele, which is best understood as a blockchain-based streaming service: an NFT Netflix, if you like. In addition to films themselves, the service will offer extra content as NFTs, including “behind the scenes content, bonus features, exclusive Q&As, and memorabilia” (CurrencyWorks). Vuele’s launch title is Zero Contact, directed by Rick Dugdale and starring Anthony Hopkins. The film is marketed as “the World’s First NFT Feature Film” (as at the time of writing, though, both Vuele and its flagship film have yet to launch). Also launching is NFT Studios, a blockchain-based production company that distributes the executive producer role to those buying into the project. NFT Studios is a decentralised administrative organisation (DAO), guided by tech experts, producers, and film industry intermediaries. NFT Studios is launching with A Wing and a Prayer, a biopic of aeronaut Brian Milton (NFT Studios), and will announce their full slate across festivals in 2022. In Australia, Culture Vault states that its aim is to demystify crypto and champion Australian artists’ rights and access to the space. Co-founder and CEO Michelle Grey is well aware of the aforementioned current social capital of NFTs, but is also acutely aware of the space’s opacity and the ubiquity of often machine-generated tat. “The early NFT space was in its infancy, there was a lot of crap around, but don’t forget there’s a lot of garbage in the traditional art world too,” she says (cited in Miller). Grey and her company effectively act like art dealers; intermediaries between the tech and art worlds. These new companies claim to be adhering to the principles of web3, often selling themselves as collectives, DAOs, or distributed administrative systems. But the entrenched tendencies of the film industry — particularly the persistent Hollywood system — are not so easily broken down. Vuele is a joint venture between CurrencyWorks and Enderby Entertainment. The former is a financial technology company setting up blockchain systems for businesses, including the establishment of branded digital currencies such as the controversial FreedomCoin (Memoria); the latter, Enderby, is a production company founded by Canadian film producer (and former investor relations expert in the oil and uranium sectors) Rick Dugdale (Wiesner). Similarly, NFT Studios is partnered with consulting and marketing agencies and blockchain venture capitalists (NFT Investments PLC). Depending on how charitable or cynical one is feeling, these start-ups are either helpful intermediaries to facilitate legacy media moving into NFT technology, or the first bricks in the capitalist wall to bar access for entry to other players. The Future Is… Buffering Marketplaces like Mintable, OpenSea, and Rarible do indeed make the minting and selling of NFTs fairly straightforward — if you’ve ever listed an item for sale on eBay or Facebook, you can probably mint an NFT. Despite this, the current major barrier for average punters to the NFT space remains technical knowledge. The principles of blockchain remain fairly opaque — even this author, who has been on a deep dive for this article, remains sceptical that widespread adoption across multiple applications and industries is feasible. Even so, as Rennie notes, “the unknown is not what blockchain technology is, or even what it is for (there are countless ‘use cases’), but how it structures the actions of those who use it” (235). At the time of writing, a great many commentators and a small handful of scholars are speculating about the role of the metaverse in the creative space. If the endgame of the metaverse is realised, i.e., a virtual, interactive space where users can interact, trade, and consume entertainment, the role of creators, dealers, distributors, and other brokers and players will be up-ended, and have to re-settle once again. Film industry practitioners might look to the games space to see what the road might look like, but then again, in an industry that is — at its best — somewhat resistant to change, this may simply be a fad that blows over. Blockchain’s current employment as a get-rich-quick mechanism for the algorithmic literati and as a computational extension of existing power structures suggests nothing more than another techno-bubble primed to burst (Patrickson 591-2; Klein). Despite the aspirational commentary surrounding distributed administrative systems and organisations, the current implementations are restricted, for now, to startups like NFT Studios. In terms of cinema, it does remain to be seen whether the deployment of NFTs will move beyond a kind of “Netflix with tchotchkes” model, or a variant of crowdfunding with perks. Once Vuele and NFT Studios launch properly, we may have a sense of how this all will play out, particularly alongside less corporate-driven, more artistically-minded initiatives like that of Michael Beets and Culture Vault. It is possible, too, that blockchain technology may streamline the mechanics of the industry in terms of automating or simplifying parts of the production process, particularly around contracts, financing, licensing. This would obviously remove some of the associated labour and fees, but would also de-couple long-established parts and personnel of the industry — would Hollywood and similar industrial-entertainment complexes let this happen? As with any of the many revolutions that have threatened to kill or resurrect the (allegedly) long-suffering cinematic object, we just have to wait, and watch. References Alexander, Bryan. “Kevin Smith Reveals Why He’s Auctioning Off New His Film ‘Killroy Was Here’ as an NFT.” USA TODAY, 15 Apr. 2021. <https://www.usatoday.com/story/entertainment/movies/2021/04/15/kevin-smith-auctioning-new-film-nft-killroy-here/7244602002/>. Beekhuizen, Carl. “Ethereum’s Energy Usage Will Soon Decrease by ~99.95%.” Ethereum Foundation Blog, 18 May 2021. <https://blog.ethereum.org/2021/05/18/country-power-no-more/>. Beller, Jonathan. “Economic Media: Crypto and the Myth of Total Liquidity.” Australian Humanities Review 66 (2020): 215-225. Beller, Jonathan. The Cinematic Mode of Production: Attention Economy and the Society of the Spectacle. Hanover, NH: Dartmouth College P, 2006. 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Abstract:

Each community’s title deed carries the indelible blood stains of our ancestors. (Watson, "Howard’s End" 2)IntroductionAccording to the Oxford English Dictionary, the term coalition comes from the Latin coalescere or ‘coalesce’, meaning “come or bring together to form one mass or whole”. Coalesce refers to the unity affirmed as something grows: co – “together”, alesce – “to grow up”. While coalition is commonly associated with formalised alliances and political strategy in the name of self-interest and common goals, this paper will draw as well on the broader etymological understanding of coalition as “growing together” in order to discuss the Australian government’s recent changes to land rights legislation, the 2007 Emergency Intervention into the Northern Territory, and its decision to use Indigenous land in the Northern Territory as a dumping ground for nuclear waste. What unites these distinct cases is the role of the Australian nation-state in asserting its sovereign right to decide, something Giorgio Agamben notes is the primary indicator of sovereign right and power (Agamben). As Fiona McAllan has argued in relation to the Northern Territory Intervention: “Various forces that had been coalescing and captivating the moral, imaginary centre were now contributing to a spectacular enactment of a sovereign rescue mission” (par. 18). Different visions of “growing together”, and different coalitional strategies, are played out in public debate and policy formation. This paper will argue that each of these cases represents an alliance between successive, oppositional governments - and the nourishment of neoliberal imperatives - over and against the interests of some of the Indigenous communities, especially with relation to land rights. A critical stance is taken in relation to the alterations to land rights laws over the past five years and with the Northern Territory Emergency Intervention, hereinafter referred to as the Intervention, firstly by the Howard Liberal Coalition Government and later continued, in what Anthony Lambert has usefully termed a “postcoalitional” fashion, by the Rudd Labor Government. By this, Lambert refers to the manner in which dominant relations of power continue despite the apparent collapse of old political coalitions and even in the face of seemingly progressive symbolic and material change. It is not the intention of this paper to locate Indigenous people in opposition to models of economic development aligned with neoliberalism. There are examples of productive relations between Indigenous communities and mining companies, in which Indigenous people retain control over decision-making and utilise Land Council’s to negotiate effectively. Major mining company Rio Tinto, for example, initiated an Aboriginal and Torres Strait Islanders Policy platform in the mid-1990s (Rio Tinto). Moreover, there are diverse perspectives within the Indigenous community regarding social and economic reform governed by neoliberal agendas as well as government initiatives such as the Intervention, motivated by a concern for the abuse of children, as outlined in The Little Children Are Sacred Report (Wild & Anderson; hereinafter Little Children). Indeed, there is no agreement on whether or not the Intervention had anything to do with land rights. On the one hand, Noel Pearson has strongly opposed this assertion: “I've got as much objections as anybody to the ideological prejudices of the Howard Government in relation to land, but this question is not about a 'land grab'. The Anderson Wild Report tells us about the scale of Aboriginal children's neglect and abuse" (ABC). Marcia Langton has agreed with this stating that “There's a cynical view afoot that the emergency intervention was a political ploy - a Trojan Horse - to sneak through land grabs and some gratuitous black head-kicking disguised as concern for children. These conspiracy theories abound, and they are mostly ridiculous” (Langton). Patrick Dodson on the other hand, has argued that yes, of course, the children remain the highest priority, but that this “is undermined by the Government's heavy-handed authoritarian intervention and its ideological and deceptive land reform agenda” (Dodson). WhitenessOne way to frame this issue is to look at it through the lens of critical race and whiteness theory. Is it possible that the interests of whiteness are at play in the coalitions of corporate/private enterprise and political interests in the Northern Territory, in the coupling of social conservatism and economic rationalism? Using this framework allows us to identify the partial interests at play and the implications of this for discussions in Australia around sovereignty and self-determination, as well as providing a discursive framework through which to understand how these coalitional interests represent a specific understanding of progress, growth and development. Whiteness theory takes an empirically informed stance in order to critique the operation of unequal power relations and discriminatory practices imbued in racialised structures. Whiteness and critical race theory take the twin interests of racial privileging and racial discrimination and discuss their historical and on-going relevance for law, philosophy, representation, media, politics and policy. Foregrounding contemporary analysis in whiteness studies is the central role of race in the development of the Australian nation, most evident in the dispossession and destruction of Indigenous lands, cultures and lives, which occurred initially prior to Federation, as well as following. Cheryl Harris’s landmark paper “Whiteness as Property” argues, in the context of the US, that “the origins of property rights ... are rooted in racial domination” and that the “interaction between conceptions of race and property ... played a critical role in establishing and maintaining racial and economic subordination” (Harris 1716).Reiterating the logic of racial inferiority and the assumption of a lack of rationality and civility, Indigenous people were named in the Australian Constitution as “flora and fauna” – which was not overturned until a national referendum in 1967. This, coupled with the logic of terra nullius represents the racist foundational logic of Australian statehood. As is well known, terra nullius declared that the land belonged to no-one, denying Indigenous people property rights over land. Whiteness, Moreton-Robinson contends, “is constitutive of the epistemology of the West; it is an invisible regime of power that secures hegemony through discourse and has material effects in everyday life” (Whiteness 75).In addition to analysing racial power structures, critical race theory has presented studies into the link between race, whiteness and neoliberalism. Roberts and Mahtami argue that it is not just that neoliberalism has racialised effects, rather that neoliberalism and its underlying philosophy is “fundamentally raced and produces racialized bodies” (248; also see Goldberg Threat). The effect of the free market on state sovereignty has been hotly debated too. Aihwa Ong contends that neoliberalism produces particular relationships between the state and non-state corporations, as well as determining the role of individuals within the body-politic. Ong specifies:Market-driven logic induces the co-ordination of political policies with the corporate interests, so that developmental discussions favour the fragmentation of the national space into various contiguous zones, and promote the differential regulation of the populations who can be connected to or disconnected from global circuits of capital. (Ong, Neoliberalism 77)So how is whiteness relevant to a discussion of land reform, and to the changes to land rights passed along with Intervention legislation in 2007? Irene Watson cites the former Minister for Indigenous Affairs, Mal Brough, who opposed the progressive individual with what he termed the “failed collective.” Watson asserts that in the debates around land leasing and the Intervention, “Aboriginal law and traditional roles and responsibilities for caring and belonging to country are transformed into the cause for community violence” (Sovereign Spaces 34). The effects of this, I will argue, are twofold and move beyond a moral or social agenda in the strictest sense of the terms: firstly to promote, and make more accessible, the possibility of private and government coalitions in relation to Indigenous lands, and secondly, to reinforce the sovereignty of the state, recognised in the capacity to make decisions. It is here that the explicit reiteration of what Aileen Moreton-Robinson calls “white possession” is clearly evidenced (The Possessive Logic). Sovereign Interventions In the Northern Territory 50% of land is owned by Indigenous people under the Aboriginal Land Rights Act 1976 (ALRA) (NT). This law gives Indigenous people control, mediated via land councils, over their lands. It is the contention of this paper that the rights enabled through this law have been eroded in recent times in the coalescing interests of government and private enterprise via, broadly, land rights reform measures. In August 2007 the government passed a number of laws that overturned aspects of the Racial Discrimination Act 197 5(RDA), including the Northern Territory National Emergency Response Bill 2007 and the Aboriginal Land Rights (Northern Territory) Amendment (Township Leasing) Bill 2007. Ostensibly these laws were a response to evidence of alarming levels of child abuse in remote Indigenous communities, which has been compiled in the special report Little Children, co-chaired by Rex Wild QC and Patricia Anderson. This report argued that urgent but culturally appropriate strategies were required in order to assist the local communities in tackling the issues. The recommendations of the report did not include military intervention, and instead prioritised the need to support and work in dialogue with local Indigenous people and organisations who were already attempting, with extremely limited resources, to challenge the problem. Specifically it stated that:The thrust of our recommendations, which are designed to advise the NT government on how it can help support communities to effectively prevent and tackle child sexual abuse, is for there to be consultation with, and ownership by the local communities, of these solutions. (Wild & Anderson 23) Instead, the Federal Coalition government, with support from the opposition Labor Party, initiated a large scale intervention, which included the deployment of the military, to install order and assist medical personnel to carry out compulsory health checks on minors. The intervention affected 73 communities with populations of over 200 Aboriginal men, women and children (Altman, Neo-Paternalism 8). The reality of high levels of domestic and sexual abuse in Indigenous communities requires urgent and diligent attention, but it is not the space of this paper to unpack the media spectacle or the politically determined response to these serious issues, or the considered and careful reports such as the one cited above. While the report specifies the need for local solutions and local control of the process and decision-making, the Federal Liberal Coalition government’s intervention, and the current Labor government’s faithfulness to these, has been centralised and external, imposed upon communities. Rebecca Stringer argues that the Trojan horse thesis indicates what is at stake in this Intervention, while also pinpointing its main weakness. That is, the counter-intuitive links its architects make between addressing child sexual abuse and re-litigating Indigenous land tenure and governance arrangements in a manner that undermines Aboriginal sovereignty and further opens Aboriginal lands to private interests among the mining, nuclear power, tourism, property development and labour brokerage industries. (par. 8)Alongside welfare quarantining for all Indigenous people, was a decision by parliament to overturn the “permit system”, a legal protocol provided by the ALRA and in place so as to enable Indigenous peoples the right to refuse and grant entry to strangers wanting to access their lands. To place this in a broader context of land rights reform, the Aboriginal Land Rights (Northern Territory) Act 2006, created the possibility of 99 year individual leases, at the expense of communal ownership. The legislation operates as a way of individualising the land arrangements in remote Indigenous communities by opening communal land up as private plots able to be bought by Aboriginal people or any other interested party. Indeed, according to Leon Terrill, land reform in Australia over the past 10 years reflects an attempt to return control of decision-making to government bureaucracy, even as governments have downplayed this aspect. Terrill argues that Township Leasing (enabled via the 2006 legislation), takes “wholesale decision-making about land use” away from Traditional Owners and instead places it in the hands of a government entity called the Executive Director of Township Leasing (3). With the passage of legislation around the Intervention, five year leases were created to enable the Commonwealth “administrative control” over the communities affected (Terrill 3). Finally, under the current changes it is unlikely that more than a small percentage of Aboriginal people will be able to access individual land leasing. Moreover, the argument has been presented that these reforms reflect a broader project aimed at replacing communal land ownership arrangements. This agenda has been justified at a rhetorical level via the demonization of communal land ownership arrangements. Helen Hughes and Jenness Warin, researchers at the rightwing think-tank, the Centre for Independent Studies (CIS), released a report entitled A New Deal for Aborigines and Torres Strait Islanders in Remote Communities, in which they argue that there is a direct casual link between communal ownership and economic underdevelopment: “Communal ownership of land, royalties and other resources is the principle cause of the lack of economic development in remote areas” (in Norberry & Gardiner-Garden 8). In 2005, then Prime Minister, John Howard, publicly introduced the government’s ambition to alter the structure of Indigenous land arrangements, couching his agenda in the language of “equal opportunity”. I believe there’s a case for reviewing the whole issue of Aboriginal land title in the sense of looking more towards private recognition …, I’m talking about giving them the same opportunities as the rest of their fellow Australians. (Watson, "Howard’s End" 1)Scholars of critical race theory have argued that the language of equality, usually tied to liberalism (though not always) masks racial inequality and even results in “camouflaged racism” (Davis 61). David Theo Goldberg notes that, “the racial status-quo - racial exclusions and privileges favouring for the most part middle - and upper class whites - is maintained by formalising equality through states of legal and administrative science” (Racial State 222). While Howard and his coalition of supporters have associated communal title with disadvantage and called for the equality to be found in individual leases (Dodson), Altman has argued that there is no logical link between forms of communal land ownership and incidences of sexual abuse, and indeed, the government’s use of sexual abuse disingenuously disguises it’s imperative to alter the land ownership arrangements: “Given the proposed changes to the ALRA are in no way associated with child sexual abuse in Aboriginal communities […] there is therefore no pressing urgency to pass the amendments.” (Altman National Emergency, 3) In the case of the Intervention, land rights reforms have affected the continued dispossession of Indigenous people in the interests of “commercial development” (Altman Neo-Paternalism 8). In light of this it can be argued that what is occurring conforms to what Aileen Moreton-Robinson has highlighted as the “possessive logic of patriarchal white sovereignty” (Possessive Logic). White sovereignty, under the banner of benevolent paternalism overturns the authority it has conceded to local Indigenous communities. This is realised via township leases, five year leases, housing leases and other measures, stripping them of the right to refuse the government and private enterprise entry into their lands (effectively the right of control and decision-making), and opening them up to, as Stringer argues, a range of commercial and government interests. Future Concerns and Concluding NotesThe etymological root of coalition is coalesce, inferring the broad ambition to “grow together”. In the issues outlined above, growing together is dominated by neoliberal interests, or what Stringer has termed “assimilatory neoliberation”. The issue extends beyond a social and economic assimilationism project and into a political and legal “land grab”, because, as Ong notes, the neoliberal agenda aligns itself with the nation-state. This coalitional arrangement of neoliberal and governmental interests reiterates “white possession” (Moreton-Robinson, The Possessive Logic). This is evidenced in the position of the current Labor government decision to uphold the nomination of Muckaty as a radioactive waste repository site in Australia (Stokes). In 2007, the Northern Land Council (NLC) nominated Muckaty Station to be the site for waste disposal. This decision cannot be read outside the context of Maralinga, in the South Australian desert, a site where experiments involving nuclear technology were conducted in the 1960s. As John Keane recounts, the Australian government permitted the British government to conduct tests, dispossessing the local Aboriginal group, the Tjarutja, and employing a single patrol officer “the job of monitoring the movements of the Aborigines and quarantining them in settlements” (Keane). Situated within this historical colonial context, in 2006, under a John Howard led Liberal Coalition, the government passed the Commonwealth Radioactive Waste Management Act (CRWMA), a law which effectively overrode the rulings of the Northern Territory government in relation decisions regarding nuclear waste disposal, as well as overriding the rights of traditional Aboriginal owners and the validity of sacred sites. The Australian Labor government has sought to alter the CRWMA in order to reinstate the importance of following due process in the nomination process of land. However, it left the proposed site of Muckaty as confirmed, and the new bill, titled National Radioactive Waste Management retains many of the same characteristics of the Howard government legislation. In 2010, 57 traditional owners from Muckaty and surrounding areas signed a petition stating their opposition to the disposal site (the case is currently in the Federal Court). At a time when nuclear power has come back onto the radar as a possible solution to the energy crisis and climate change, questions concerning the investments of government and its loyalties should be asked. As Malcolm Knox has written “the nuclear industry has become evangelical about the dangers of global warming” (Knox). While nuclear is a “cleaner” energy than coal, until better methods are designed for processing its waste, larger amounts of it will be produced, requiring lands that can hold it for the desired timeframes. For Australia, this demands attention to the politics and ethics of waste disposal. Such an issue is already being played out, before nuclear has even been signed off as a solution to climate change, with the need to find a disposal site to accommodate already existing uranium exported to Europe and destined to return as waste to Australia in 2014. The decision to go ahead with Muckaty against the wishes of the voices of local Indigenous people may open the way for the co-opting of a discourse of environmentalism by political and business groups to promote the development and expansion of nuclear power as an alternative to coal and oil for energy production; dumping waste on Indigenous lands becomes part of the solution to climate change. During the 2010 Australian election, Greens Leader Bob Brown played upon the word coalition to suggest that the Liberal National Party were in COALition with the mining industry over the proposed Mining Tax – the Liberal Coalition opposed any mining tax (Brown). Here Brown highlights the alliance of political agendas and business or corporate interests quite succinctly. Like Brown’s COALition, will government (of either major party) form a coalition with the nuclear power stakeholders?This paper has attempted to bring to light what Dodson has identified as “an alliance of established conservative forces...with more recent and strident ideological thinking associated with free market economics and notions of individual responsibility” and the implications of this alliance for land rights (Dodson). It is important to ask critical questions about the vision of “growing together” being promoted via the coalition of conservative, neoliberal, private and government interests.Acknowledgements Many thanks to the reviewers of this article for their useful suggestions. 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Brown, Bob. “Senator Bob Brown National Pre-Election Press Club Address.” 2010. 18 Aug. 2010 ‹http://greens.org.au/content/senator-bob-brown-pre-election-national-press-club-address>. Davis, Angela. The Angela Davis Reader. Ed. J. James, Oxford: Blackwell, 1998. Dodson, Patrick. “An Entire Culture Is at Stake.” Opinion. The Age, 14 July 2007: 4. Goldberg, David Theo. The Racial State. Massachusetts: Blackwell, 2002.———. The Threat of Race: Reflections on Neoliberalism. Massachusetts: Blackwell, 2008. Harris, Cheryl. “Whiteness as Property.” Harvard Law Review 106.8 (1993): 1709-1795. Keane, John. “Maralinga’s Afterlife.” Feature Article. The Age, 11 May 2003. 24 Nov. 2010 ‹http://www.theage.com.au/articles/2003/05/11/1052280486255.html>. Knox, Malcolm. “Nuclear Dawn.” The Monthly 56 (May 2010). Lambert, Anthony. “Rainbow Blindness: Same-Sex Partnerships in Post-Coalitional Australia.” M/C Journal 13.6 (2010). Langton, Marcia. “It’s Time to Stop Playing Politics with Vulnerable Lives.” Opinion. Sydney Morning Herald, 30 Nov. 2007: 2. McAllan, Fiona. “Customary Appropriations.” borderlands ejournal 6.3 (2007). 22 Nov. 2010 ‹http://www.borderlands.net.au/vol6no3_2007/mcallan_appropriations.htm>. Moreton-Robinson, Aileen. “The Possessive Logic of Patriarchal White Sovereignty: The High Court and the Yorta Yorta Decision.” borderlands e-journal 3.2 (2004). 1 Aug. 2007 ‹http://www.borderlands.net.au/vol3no2_2004/moreton_possessive.htm>. ———. “Whiteness, Epistemology and Indigenous Representation.” Whitening Race. Ed. Aileen Moreton-Robinson. Canberra: Aboriginal Studies Press, 75-89. Norberry, J., and J. Gardiner-Garden. Aboriginal Land Rights (Northern Territory) Amendment Bill 2006. Australian Parliamentary Library Bills Digest 158 (19 June 2006). Ong, Aihwa. Neoliberalism as Exception: Mutations in Citizenship and Sovereignty. 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Abstract:

In mid-2001, in a cultural policy discussion at Arts Queensland, an Australian state government arts policy and funding apparatus, a senior arts bureaucrat seeking to draw a funding client’s gaze back to the bigger picture of what the state government was trying to achieve through its cultural policy settings excused his own abstracting comments with the phrase, “but then I might just be a policy ‘wank’”. There was some awkward laughter before one of his colleagues asked, “did you mean a policy ‘wonk’”? The incident was a misstatement of a term adopted in the 1990s to characterise the policy workers in the Clinton Whitehouse (Cunningham). This was not its exclusive use, but many saw Clinton as an exemplary wonk: less a pragmatic politician than one entertained by the elaboration of policy. The policy work of Clinton’s kitchen cabinet was, in part, driven by a pervasive rationalist belief in the usefulness of ordered policy processes as a method of producing social and economic outcomes, and, in part, by the seductions of policy-play: its ambivalences, its conundrums, and, in some sense, its aesthetics (Klein 193-94). There, far from being characterised as unproductive “self-abuse” of the body-politic, policy processes were alive as a pragmatic technology, an operationalisation of ideology, as an aestheticised field of play, but more than anything as a central rationalist tenant of government action. This final idea—the possibilities of policy for effecting change, promoting development, meeting government objectives—is at the centre of the bureaucratic imagination. Policy is effective. And a concomitant belief is that ordered or organised policy processes result in the best policy and the best outcomes. Starting with Harold Lasswell, policy theorists extended the general rationalist suppositions of Western representative democracies into executive government by arguing for the value of information/knowledge and the usefulness of ordered process in addressing thus identified policy problems. In the post-war period particularly, a case can be made for the usefulness of policy processes to government—although, in a paradox, these rationalist conceptions of the policy process were strangely irrational, even Utopian, in their view of transformational capacities possibilities of policy. The early policy scientists often moved beyond a view of policy science as a useful tool, to the advocacy of policy science and the policy scientist as panaceas for public ills (Parsons 18-19). The Utopian ambitions of policy science finds one of their extremes in the contemporary interest in whole-of-government approaches to policy making. Whole-of-governmentalism, concern with co-ordination of policy and delivery across all areas of the state, can seen as produced out of Western governments’ paradoxical concern with (on one hand) order, totality, and consistency, and (on the other) deconstructing existing mechanisms of public administration. Whole-of-governmentalism requires a horizontal purview of government goals, programs, outputs, processes, politics, and outcomes, alongside—and perhaps in tension with—the long-standing vertical purview that is fundamental to ministerial responsibility. This often presents a set of public management problems largely internal to government. Policy discussion and decision-making, while affecting community outcomes and stakeholder utility, are, in this circ*mstance, largely inter-agency in focus. Any eventual policy document may well have bureaucrats rather than citizens as its target readers—or at least as its closest readers. Internally, cohesion of objective, discourse, tool and delivery are pursued as a prime interests of policy making. Failing at Policy So what happens when whole-of-government policy processes, particularly cultural policy processes, break down or fail? Is there anything productive to be retrieved from a failed fantasy of policy cohesion? This paper examines the utility of a failure to cohere and order in cultural policy processes. I argue that the conditions of contemporary cultural policy-making, particularly the tension between the “boutique” scale of cultural policy-making bodies and the revised, near universal, remit of cultural policy, require policy work to be undertaken in an environment and in such a way that failure is almost inevitable. Coherence and cohesions are fundamental principles of whole-of-government policy but cultural policy ambitions are necessarily too comprehensive to be achievable. This is especially so for the small arts or cultural offices government that normally act as lead agencies for cultural policy development within government. Yet, that these failed processes can still give rise to positive outcomes or positive intermediate outputs that can be taken up in a productive way in the ongoing cycle of policy work that categorises contemporary cultural governance. Herein, I detail the development of Building the Future, a cultural policy planning paper (and the name of a policy planning process) undertaken within Arts Queensland in 1999 and 2000. (While this process is now ten years in the past, it is only with a decade past that as a consultant I am in apposition to write about the material.) The abandonment of this process before the production of a public policy program allows something to be said about the utility and role of failure in cultural policy-making. The working draft of Building the Future never became a public document, but the eight months of its development helped produce a series of shifts in the discourse of Queensland Government cultural policy: from “arts” to “creative industries”; and from arts bureaucracy-centred cultural policy to the whole-of-government policy frameworks. These concepts were then taken up and elaborated in the Creative Queensland policy statement published by Arts Queensland in October 2002, particularly the concern with creative industries; whole-of-government cultural policy; and the repositioning of Arts Queensland as a service agency to other potential cultural funding-bodies within government. Despite the failure of the Building the Future process, it had a role in the production of the policy document and policy processes that superseded it. This critique of cultural policy-making rather than cultural policy texts, announcements and settings is offered as part of a project to bring to cultural policy studies material and theoretical accounts of the particularities of making cultural policy. While directions in cultural policy have much to do with the overall directions of government—which might over the past decade be categorised as focus on de-regulation, out-sourcing of services—there are developments in cultural policy settings and in cultural policy processes that are particular to cultural policy and cultural policy-making. Central to the development of cultural policy studies and to cultural policy is a transformational broadening of the operant definition of culture within government (O'Regan). Following Raymond Williams, the domain of culture is broadened to include the high culture, popular culture, folk culture and the culture of everyday life. Accordingly, in some sense, every issue of governance is deemed to have a cultural dimension—be it policy questions around urban space, tourism, community building and so on. Contemporary governments are required to act with a concern for cultural questions both within and across a number of long-persisting and otherwise discrete policy silos. This has implications for cultural policy makers and for program delivery. The definition of culture as “everyday life”, while truistically defendable, becomes unwieldy as an imprimatur or a container for administrative activity. Transforming cultural policy into a domain incorporating most social policy and significant elements of economic policy makes the domain titanically large. Potentially, it compromises usual government efforts to order policy activity through the division or apportionment of responsibility (Glover and Cunningham 19). The problem has given rise to a new mode of policy-making which attends to the co-ordination of policy across and between levels of government, known as whole-of government policy-making (see O’Regan). Within the domain of cultural policy the task of whole-of-government cultural policy is complicated by the position of, and the limits upon, arts and cultural bureaux within state and federal governments. Dedicated cultural planning bureaux often operate as “boutique” agencies. They are usually discrete line agencies or line departments within government—only rarely are they part of the core policy function of departments of a Premier or a Prime Minister. Instead, like most line agencies, they lack the leverage within the bureaucracy or policy apparatus to deliver whole-of-government cultural policy change. In some sense, failure is the inevitable outcome of all policy processes, particularly when held up against the mechanistic representation of policy processes in policy typical of policy handbooks (see Bridgman and Davis 42). Against such models, which describe policy a series of discrete linear steps, all policy efforts fail. The rationalist assumptions of early policy models—and the rigid templates for policy process that arise from their assumptions—in retrospect condemn every policy process to failure or at least profound shortcoming. This is particularly so with whole-of-government cultural policy making To re-think this, it can be argued that the error then is not really in the failure of the process, which is invariably brought about by the difficulty for coherent policy process to survive exogenous complexity, but instead the error rests with the simplicity of policy models and assumptions about the possibility of cohesion. In some sense, mechanistic policy processes make failure endogenous. The contemporary experience of making policy has tended to erode any fantasies of order, clear process, or, even, clear-sightedness within government. Achieving a coherence to the policy message is nigh on impossible—likewise cohesion of the policy framework is unlikely. Yet, importantly, failed policy is not without value. The churn of policy work—the exercise of attempting cohrent policy-making—constitutes, in some sense, the deliberative function of government, and potentially operates as a force (and site) of change. Policy briefings, reports, and draft policies—the constitution of ideas in the policy process and the mechanism for their dissemination within the body of government and perhaps to other stakeholders—are discursive acts in the process of extending the discourse of government and forming its later actions. For arts and cultural policy agencies in particular, who act without the leverage or resources of central agencies, the expansive ambitions of whole-of-government cultural policy makes failure inevitable. In such a circ*mstance, retrieving some benefits at the margins of policy processes, through the churn of policy work towards cohesion, is an important consolation. Case study: Cultural Policy 2000 The policy process I wish to examine is now complete. It ran over the period 1999–2002, although I wish to concentrate on my involvement in the process in early 2000 during which, as a consultant to Arts Queensland, I generated a draft policy document, Building the Future: A policy framework for the next five years (working draft). The imperative to develop a new state cultural policy followed the election of the first Beattie Labor government in July 1998. By 1999, senior Arts Queensland staff began to argue (within government at least) for the development of a new state cultural policy. The bureaucrats perceived policy development as one way of establishing “traction” in the process of bidding for new funds for the portfolio. Arts Minister Matt Foley was initially reluctant to “green-light” the policy process, but eventually in early 1999 he acceded to it on the advice of Arts Queensland, the industry, his own policy advisors and the Department of Premier. As stated above, this case study is offered now because the passing of time makes the analysis of relatively sensitive material possible. From the outset, an abbreviated timeframe for consultation and drafting seem to guarantee a difficult birth for the policy document. This was compounded by a failure to clarity the aims and process of the project. In presenting the draft policy to the advisory group, it became clear that there was no agreed strategic purpose to the document: Was it to be an advertisem*nt, a framework for policy ideas, an audit, or a report on achievements? Tied to this, were questions about the audience for the policy statement. Was it aimed at the public, the arts industry, bureaucrats inside Arts Queensland, or, in keeping with the whole-of-government inflection to the document and its putative use in bidding for funds inside government, bureaucrats outside of Arts Queensland? My own conception of the document was as a cultural policy framework for the whole-of-government for the coming five years. It would concentrate on cultural policy in three realms: Arts Queensland; the arts instrumentalities; and other departments (particularly the cultural initiatives undertaken by the Department of Premier and the Department of State Development). In order to do this I articulated (for myself) a series of goals for the document. It needed to provide the philosophical underpinnings for a new arts and cultural policy, discuss the cultural significance of “community” in the context of the arts, outline expansion plans for the arts infrastructure throughout Queensland, advance ideas for increased employment in the arts and cultural industries, explore the development of new audiences and markets, address contemporary issues of technology, globalisation and culture commodification, promote a whole-of-government approach to the arts and cultural industries, address social justice and equity concerns associated with cultural diversity, and present examples of current and new arts and cultural practices. Five key strategies were identified: i) building strong communities and supporting diversity; ii) building the creative industries and the cultural economy; iii) developing audiences and telling Queensland’s stories; iv) delivering to the world; and v) a new role for government. While the second aim of building the creative industries and the cultural economy was an addition to the existing Australian arts policy discourse, it is the articulation of a new role for government that is most radical here. The document went to the length of explicitly suggesting a series of actions to enable Arts Queensland to re-position itself inside government: develop an ongoing policy cycle; position Arts Queensland as a lead agency for cultural policy development; establish a mechanism for joint policy planning across the arts portfolio; adopt a whole-of-government approach to policy-making and program delivery; use arts and cultural strategies to deliver on social and economic policy agendas; centralise some cultural policy functions and project; maintain and develop mechanisms and peer assessment; establish long-term strategic relationships with the Commonwealth and local government; investigate new vehicles for arts and cultural investment; investigate partnerships between industry, community and government; and develop appropriate performance measures for the cultural industries. In short, the scope of the document was titanically large, and prohibitively expansive as a basis for policy change. A chief limitation of these aims is that they seem to place the cohesion and coherence of the policy discourse at the centre of the project—when it might have better privileged a concern with policy outputs and industry/community outcomes. The subsequent dismal fortunes of the document are instructive. The policy document went through several drafts over the first half of 2000. By August 2000, I had removed myself from the process and handed the drafting back to Arts Queensland which then produced shorter version less discursive than my initial draft. However, by November 2000, it is reasonable to say that the policy document was abandoned. Significantly, after May 2000 the working drafts began to be used as internal discussion documents with government. Thus, despite the abandonment of the policy process, largely due to the unworkable breadth of its ambition, the document had a continued policy utility. The subsequent discussions helped organise future policy statements and structural adjustments by government. After the re-election of the Beattie government in January 2001, a more substantial policy process was commenced with the earlier policy documents as a starting point. By early 2002 the document was in substantial draft. The eventual policy, Creative Queensland, was released in October 2002. Significantly, this document sought to advance two ideas that I believe the earlier process did much to mobilise: a whole-of-government approach to culture; and a broader operant definition of culture. It is important not to see these as ideas merely existing “textually” in the earlier policy draft of Building the Future, but instead to see them as ideas that had begun adhere themselves to the cultural policy mechanism of government, and begun to be deployed in internal policy discussions and in program design, before finding an eventual home in a published policy text. Analysis The productive effects of the aborted policy process in which I participated are difficult to quantify. They are difficult, in fact, to separate out from governments’ ongoing processes of producing and circulating policy ideas. What is clear is that the effects of Building the Future were not entirely negated by it never becoming public. Instead, despite only circulating to a readership of bureaucrats it represented the ideas of part of the bureaucracy at a point in time. In this instance, a “failed” policy process, and its intermediate outcomes, the draft policy, through the churn of policy work, assisted government towards an eventual policy statement and a new form of governmental organisation. This suggests that processes of cultural policy discussion, or policy churn, can be as productive as the public “enunciation” of formal policy in helping to organise ideas within government and determine programs and the allocation of resources. This is even so where the Utopian idealism of the policy process is abandoned for something more graspable or politic. For the small arts or cultural policy bureau this is an important incremental benefit. Two final implications should be noted. The first is for models of policy process. Bridgman and Davis’s model of the Australian policy cycle, despite its mechanistic qualities, is ambiguous about where the policy process begins and ends. In one instance they represent it as linear but strictly circular, always coming back to its own starting point (27). Elsewhere, however, they represent it as linear, but not necessarily circular, passing through eight stages with a defined beginning and end: identification of issues; policy analysis; choosing policy instruments; consultation; co-ordination; decision; implementation; and evaluation (28–29). What is clear from the 1999-2002 policy process—if we take the full period between when Arts Queensland began to organise the development of a new arts policy and its publication as Creative Queensland in October 2002—is that the policy process was not a linear one progressing in an orderly fashion towards policy outcomes. Instead, Building the Future, is a snapshot in time (namely early to mid-2000) of a fragmenting policy process; it reveals policy-making as involving a concurrency of policy activity rather than a progression through linear steps. Following Mark Considine’s conception of policy work as the state’s effort at “system-wide information exchange and policy transfer” (271), the document is concerned less in the ordering of resources than the organisation of policy discourse. The churn of policy is the mobilisation of information, or for Considine: policy-making, when considered as an innovation system among linked or interdependent actors, becomes a learning and regulating web based upon continuous exchanges of information and skill. Learning occurs through regulated exchange, rather than through heroic insight or special legislative feats of the kind regularly described in newspapers. (269) The acceptance of this underpins a turn in contemporary accounts of policy (Considine 252-72) where policy processes become contingent and incomplete Policy. The ordering of policy is something to be attempted rather than achieved. Policy becomes pragmatic and ad hoc. It is only coherent in as much as a policy statement represents a bringing together of elements of an agency or government’s objectives and program. The order, in some sense, arrives through the act of collection, narrativisation and representation. The second implication is more directly for cultural policy makers facing the prospect of whole-of-government cultural policy making. While it is reasonable for government to wish to make coherent totalising statements about its cultural interests, such ambitions bring the near certainty of failure for the small agency. Yet these failures of coherence and cohesion should be viewed as delivering incremental benefits through the effort and process of this policy “churn”. As was the case with the Building the Future policy process, while aborted it was not a totally wasted effort. Instead, Building the Future mobilised a set of ideas within Arts Queensland and within government. For the small arts or cultural bureaux approaching the enormous task of whole-of government cultural policy making such marginal benefits are important. References Arts Queensland. Creative Queensland: The Queensland Government Cultural Policy 2002. Brisbane: Arts Queensland, 2002. Bridgman, Peter, and Glyn Davis. Australian Policy Handbook. St Leonards: Allen & Unwin, 1998. Considine, Mark. Public Policy: A Critical Approach. South Melbourne: Palgrave Macmillan, 1996. Cunningham, Stuart. "Willing Wonkers at the Policy Factory." Media Information Australia 73 (1994): 4-7. Glover, Stuart, and Stuart Cunningham. "The New Brisbane." Artlink 23.2 (2003): 16-23. Glover, Stuart, and Gillian Gardiner. Building the Future: A Policy Framework for the Next Five Years (Working Draft). Brisbane: Arts Queensland, 2000. Klein, Joe. "Eight Years." New Yorker 16 & 23 Oct. 2000: 188-217. O'Regan, Tom. "Cultural Policy: Rejuvenate or Wither". 2001. rtf.file. (26 July): AKCCMP. 9 Aug. 2001. ‹http://www.gu.edu.au/centre/cmp>. Parsons, Wayne. Public Policy: An Introduction to the Theory and Practice of Policy Analysis. Aldershot: Edward Edgar, 1995.Williams, Raymond. Key Words: A Vocabulary of Culture and Society. London: Fontana, 1976.