Determining the essence, correlation and types of objects of law and objects of legal relations is considered one of the most debatable issues in the theory of law, having significant theoretical and practical significance. This article analyzes the constitutional, subsoil and gemological legislation regulating relations arising out from material gemological objects. The objective of this study is to understand intersectoral aspects of gemstones of natural origin, having been considered as an object of legal relations. The methodology comprised of dialectical, comparative legal, formal legal (dogmatic), formal logical, critical legal, systemic-structural and systemic-functional methods. This is the first time when geological-legal science has proposed the foundation of a dualistic theory addressing the multi-level structure of objects of gemological legal relations. It consists of the symbiosis of gemologically-significant actions and goods. The article also proposes general legal definition (an object of gemological law, an object of legal regulation of gemological law, an object of gemological legal relations), and special-legal definition (amber-bearing subsoil, natural gemstones) aimed at developing and improving the national gemological law.
Purpose. Development of an algorithm for the formation of price-lists for raw amber, taking into account its individual consumer characteristics, which is based on the principle of inheritance of properties. Methodology. In the course of the study, general scientific and special research methods were used: analytical, dialectical, comparative-evaluative, gemmological-economic, comparative-legal, systemic-structural. The main part of the work is based on the practical results of previous studies and expert assessments. Findings. A critical analysis of modern gemmological terminology, which is used in the geological, mineralogical and expert-evaluative study on the individual characteristics of raw amber samples, is carried out, and its content has a direct impact on its further pricing. The specifics of the relationship between the raw, appraisal and consumer amber markets, the subjective features of the gemmological interests of the manufacturer (seller), expert (appraiser) and consumer (buyer) are disclosed. The authors’ method of establishing the relationship of individual consumer characteristics between raw materials and products is proposed, which is based on the principle of inheritance of decorative, geometric and weight characteristics of raw amber. The concept of “individual consumer characteristics of amber” is formulated. Originality. An algorithm for the formation of price-lists for raw amber has been developed, taking into account the individual consumer characteristics of samples, which is based on the principle of inheritance of amber properties formulated by the authors, according to which its natural decorative characteristics are related to direct criteria for evaluating amber, whereas the transformable geometric and weight characteristics of samples are indirect. Practical value. The practical significance of the results obtained lies in the fact that they can be used in research and educational activities by scientists and applicants of higher education, business and financial-and-economic activities of subjects of gemmological relations, law-making and law enforcement activities of public authorities in the process of improving national legislation.
The article analyzes the scientific and legislative provisions related to the legal status of the State Service of Geology and Subsoil of Ukraine as a subject of geological control. The external and internal structural peculiarities and normative bases of exercising the control and supervisory functions of the State Geonadra are investigated. The external aspect is the subordination of the organization to the Ministry of the Environment, which determines the priority areas of work of the State Geonadra, approves its work plans and harmonizes the structure of the apparatus. The internal aspect is that it exercises its powers directly both through established territorial bodies (Department of State Geological Control, inter-regional territorial departments and through territorial inspectorates, which are within the sphere of management of the State Geonadra) created within the established order. The normative grounds for exercising control and supervisory functions by the State Geonadra at the present stage are analyzed: the law on state surveillance; government regulations; orders of the State Regulatory Service of Ukraine, the Ministry of Environment and the State Geonadra; annual and monthly inspection plans; document forms and reporting forms. The authors propose a classification of subjects of geological control rights, which includes the following types: general, generic and direct (primary and secondary). The classification of scheduled and unscheduled inspections as measures of state supervision (control) was made according to the following criteria: patrimonial subject of control; the object of control over the use of mineral resources; the subject of the initiation and the reason for unscheduled inspections; the object of control over the destination of minerals; the object of control over the type of natural mineral substance. The beginning of the reform of the state supervision (control) system in the field of environmental protection is characterized. Its purpose is to create an effective state system for the prevention of environmental offences and for environmental monitoring, reduce the pressure on the business environment, encourage broad involvement of the public in the supervision (control), formation of a single integrated state body of environmental monitoring and control (D) – State Environmental Protection Service.
Analysis of existing systems for expert grading of amber samples showed that their main disadvantages are, in general, consideration of only standard quality criteria (weight, colour, inclusions), as well as the lack of evaluation of rare and unique samples. Today in Ukraine there is, in fact, a state monopoly of pricing in the form of an official price-list for raw amber, developed by the State Gemmological Center based on the global market prices. The authors believe that this document does not fully take into account the costs associated with exploration, mining and taxation on the amber market. This deprives the direct users of the amber-bearing areas themselves of the opportunity to determine the criteria for the quality of rough amber and to develop the corresponding price lists. The created method of gemmological-consumer indicators allows for a transparent and understandable formation of the cost of individual amber samples. The value of raw amber determined in this way corresponds to the consumer values of the product, not taking into account processing costs. The sum of consumer properties of amber in items (shape, size, colour, transparency, presence of inclusions, quality of processing – polishing, artistry, etc.) is taken into account, thus satisfying the physiological and aesthetic needs of consumers for the product. To make the consumer properties of amber identifiable, it is necessary to provide the sample with a marketable condition. The criteria for the quality of amber in products have been developed. It is shown that each type of product is characterized by a set of properties that are criteria for product quality. In fact, this is a tool with which one can determine the type of product in the raw material, having previously determined its quality. Comparing the obtained data on the quality of raw materials with the criteria for the quality of products, it is possible to predict the type of product. The operation of the technique is illustrated by examples of two samples of amber containing inclusions. A method for determining the cost of individual samples of amber has been developed, the essence of which is the sequential fixation of gemmological and consumer properties of the sample with their subsequent transformation into an alphanumeric code, the total value of which forms an individual indicator of the sample (a set of individual qualities of the sample), which correlates with its cost. During the expert assessment of rare and unique samples of amber, their scientific, collection, aesthetic and artistic features must additionally be taken into account, establishing the uniqueness of these objects of examination. The method is designed for the symbiosis of individual natural (gemmological) parameters of the sample (size, beauty, presence of inclusion) with a set of consumer properties: shape, size, weight, colour, transparency, fracturing, presence of inclusion, presence of inclusions, polishability, value for science, collection, artistry, etc. The method covers the entire life cycle of amber from raw material to the final product, for which the sample is chosen as optimal in terms of economic, technological and gemmological-consumer indicators.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
customersupport@researchsolutions.com
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.