scholarly journals Monopoly of legal provisions

2021 ◽  
Vol 108 ◽  
pp. 01007
Author(s):  
Anna Konstantinovna Sheremetyeva ◽  
Zoya Fedorovna Sofrina ◽  
Artem Aleksandrovich Gamaley ◽  
Natalia Nikolaevna Novopashina
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Synthesis Methods ◽  
Systematic Analysis ◽  
Legal Norms ◽  
Systemic Analysis ◽  
Legal Provisions ◽  
Comparison Results ◽  
Definition Of

The existing defect of the legal field in the form of the inconsistency of the norms that make it up, gives rise to inconsistency, imbalance of the main social regulator of social relations. Building the normative material without analysing the need to create a separate regulator, as well as the obligation to establish a relationship with existing norms, determined the significance of such a study. The definition of competition of norms is an object of scientific research quite often. However, the content of this category and its law enforcement significance, in our opinion, have not been established quite correctly. The presence of competition of norms indicates the inconsistency of legal regulators with the principles of certainty of law, fairness and stability of legal regulation, which affects the effectiveness of laws. The research patterns are due to the need for a systematic analysis of this institution in order to identify uncovered aspects in the construction of a clear, systemic and interdependent system of legal regulation. Purpose of the research. The importance of developing fundamentally new approaches to the institution of uncertainty mediated by the phenomenon of competition to overcome the imbalance of the existing legal system, in connection with the existing need to present the normative material unambiguously and clearly. Methods. In the course of the study, in combination with a complex and systemic analysis, the following general scientific methods of cognition were used: dialectical, hermeneutic, and synthesis methods, the method of ascent from the abstract to the concrete, and the method of generalization and comparison. Results and novelty. Competition of norms is the result of an incorrect construction of the system of legal norms indicating a certain artificiality of this definition regarding the possible flexibility of the legal system. In our opinion, an increase in monopoly and individualized norms will lead to a systematic nature of the normative material, as well as an increase in confidence in it on the part of all participants in legal relations. The certainty of law must become a legal axiom.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

scholarly journals Interpretation of Legal Norms as an Optional Component of the Legal Regulation Mechanism

2021 ◽  
pp. 252-256
Author(s):  
T. I. Tarakchonych
Keyword(s):  
Rule Of Law ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Norm ◽  
Regulation Mechanism ◽  
Important Place ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Legal Obligations ◽  
Definition Of

The article draws a special attention to the definition of such important categories of legal science as «interpretation of legal norms», «mechanism of legal regulation», «stages of legal regulation mechanism». The particular attention is paid to the understanding of the mechanism of legal regulation and its stages. The mandatory and optional stages of the legal regulation mechanism is distinguished. It is emphasized that the mandatory stage provides for the need to regulate certain social relations, which, first of all, are modeled, detected and implemented in certain subjective rights and legal obligations. The optional stage includes the necessity for an official interpretation of the legal norm in the process of its application. The place and role of interpretation of the rules of law in the mechanism of legal regulation have been determined. The article defines that the interpretation of legal norms is a process of clarifying of the content of the rule of law by the relevant subjects in order to ensure an unambiguous understanding of the content, its accurate and balanced application by both authorized and relevant entities in specific legal relations. The research at the general theoretical and methodological level distinguishes the essence and peculiarities of interpretation of legal norms, functional orientation, methods and means of its implementation. It is noted that the interpretation of legal norms ensures an unambiguous understanding of the rule of law, has an informational orientation and forms the legal consciousness of the subjects, the motivation for their behavior, is the basic basis for the development of the legal culture of society, the determinant of legal influence and the basis for improving legal regulation. The article states that the interpretation of legal norms has an important place in the mechanism of legal regulation along with its other components. It is characterized by the fact that it is carried out by analyzing of legal norms through a system of legal assessments, views, ideas, etc. Keywords: legal norm, interpretation of legal norms, functions of interpretation of legal norms, legal regulation,mechanism of legal regulation, stages of legal regulation mechanism

scholarly journals TO CHARACTERIZE THE CURRENT STATE OF LEGAL REGULATION OF PENSIONS OF JUDGES

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 269-275
Author(s):  
Ю. І. Соколова
Keyword(s):  
Public Relations ◽  
Social Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Norms ◽  
Legal Provisions ◽  
The Status ◽  
General Order ◽  
Definition Of ◽  
The Impact

The relevance of the article is that when forming a theoretical and legal position on the content of a phenomenon or object, the issue of its settlement by law is especially important. The study of various aspects of judges' pensions has shown the key role of the normative component in the content of this problem, through which the legal reality establishes its influence on the relations arising in the field of pensions of judges. It should be noted that the legal regulation is characterized by the following features: it is, first, the impact of law on public relations, which is carried out through a separate group of legal instruments - legal norms; secondly, normative-legal regulation is a part of complex legal influence, in other words, it shows only one of clusters of legal regulation of the corresponding object; thirdly, the intensity, efficiency, breadth and other mechanical factors of legal regulation directly depend on the quality and system of legal provisions and norms that build the content of the category. The article, based on the analysis of scientific views of scientists, proposes the author's definition of the concept of legal regulation of judges' pensions. The main normative-legal acts of the legislative and by-law level which fix the principles of regulation of public relations in the field of pension provision of judges are singled out. It is concluded that the main feature of the legal regulation of judges' pensions is the presence of two groups of legal documents, namely: general, which establish guarantees of social protection and pensions in Ukraine as a whole, led by the Constitution, and special - the Law of Ukraine "On Judiciary and the Status of Judges" dated 02.06.2016 №1402-VIII, documents of judicial self-government bodies - establish the peculiarities of judges receiving pensions and monthly lifetime allowance. At the same time, the disadvantage of the special legal framework is the lack of norms that clearly explain the procedure and features of both types of pensions for judges, by paying them pensions in the general order and a monthly lifetime allowance. In particular, the special normative-legal base does not explain the content of the monthly lifetime cash maintenance and the main points of its legal significance.

SMART CONTRACT: CONCEPT, LEGAL REGULATION, ASPECTS OF CONSUMER PROTECTION

2021 ◽  
Vol 14 (4) ◽  
pp. 236-247
Author(s):  
IRINA VIKTOROVNA ERMAKOVA ◽  
◽  
◽  
Keyword(s):  
Social Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Smart Contracts ◽  
Legal Norms ◽  
Legal Relationship ◽  
Smart Contract ◽  
The Subject ◽  
Definition Of

The subject of the research is legal norms aimed at regulating by law relations in the field of concluding and executing smart contracts, including issues of protecting the rights of the parties to such contracts, including consumers. The object of the research is social relations arising in the process of creating, concluding and executing of smart contracts. Particular attention is paid to the theoretical and practical aspects of the definition of the concept of “smart contract” and its essence, as well as its legal status. In addition, the article considers approaches to defining the essence of institutions that are closely related to the category of “smart contract”, such as “cryptocurrency”, “digital ruble”, “mining”. The aspects of the protection of fundamental rights of the parties involved in the considered legal relationship, including consumers, are also analyzed. Examples of court decisions regarding the corresponding category of cases are given. The novelty of the research lies in determining the current approaches in relation to the essence, concept and legal status of smart contracts, including the current position of law enforcement practice in relation to this issue. In addition, the novelty of the study lies in considering the practical aspects of the conclusion and execution of smart contracts, including, indicating examples of blockchain platforms on the basis of which smart contracts can function. Ultimately, the study led to the development by the author of some proposals in order to improve the relevant legislation. In particular, the author proposed to consolidate at the legislative level the legal definition of the concept of “smart contract”, indicating the appropriate wording.

scholarly journals Legal means in mechanism of law-making

2020 ◽  
Vol 11 (11) ◽  
pp. 196-200
Author(s):  
Pavliukov I. I. I. I.
Keyword(s):  
Social Relations ◽  
Legal Regulation ◽  
Legal Norms ◽  
Application Of Law ◽  
Second Stage ◽  
Common Criteria ◽  
The Law ◽  
Draft Regulation ◽  
Definition Of ◽  
Law Making

The article analyzes the approaches to the definition of legal means and provides the author's definition of this legal category. The author determines that the mechanism of law-making is maximally combined with the law-formation process and is a set of legal activities in this area. In addition, the article analyzes the stages of the law-making mechanism: the stage of preliminary formation of state will (project preparation), which begins with the stage of decision-making on project preparation, and the stage when work on the project enters the official phase and is carried out by the law-making body. Also, the author considers the problem of distinguishing between the mechanisms of law-making and law-formation and provides common criteria for both categories. The author of the article concludes that the main elements of the mechanism of law-making are legal means (in relation to the mechanism of law-making they are regulated by regulations of authorized state bodies for the adoption, amendment, repeal of legal norms); normative-legal acts, according to which the specified activity is carried out; acts of application of law; legal relations between the subjects of the law-making mechanism for streamlining and improving the law-making process. Also, according to the author, each stage of lawmaking consists of stages of law formation, each of which requires its own legal means to optimize this process: at the first stage there are objective prerequisites in the legal regulation of certain social relations, while the second stage of law-making associated with the formation of the very idea of the draft regulation or other official source of law. Keywords: legal means, mechanism of law-making.

Current state of the legislation system regulating the police activities

2019 ◽  
pp. 498-506
Author(s):  
Ilya Vladimirovich Emelyanov ◽  
Violina Aleksandrovna Subocheva
Keyword(s):  
Social Relations ◽  
Professional Training ◽  
Current System ◽  
Legal Regulation ◽  
Federal Law ◽  
Objective Reality ◽  
Legal Norms ◽  
Current State ◽  
Definition Of ◽  
Police System

The police effectiveness in modern Russia depends not only on the professional training of employees, their logistical support and other factors, but a large role belongs to the legal tools at their disposal. But in practice, a certain legal collision periodically arises – the problem of the discrepancy be-tween legal norms of objective reality or, in some cases, the complete ab-sence of legal regulation of a certain circle of social relations. Given this, the study of the legislation system regulating the police activities is particularly relevant. In this work, we evaluate the current system of legislation regulating the police activities. In addition, we suggest ways to improve the systemati-zation of departmental police regulations. Thus, we state that the existing significant number of regulatory legal acts of the police system and the scope of relations, which are regulated by departmental norms, determine the need for codification work. We suppose that the problems of the large number of departmental normative acts can be solved with the help of such systematic activity as consolidation, that is, combining several acts into one larger one without significant changes to the text. In this work, we propose a definition of the term “police”, which needs legislative consolidation in the Federal Law “On Police”.

scholarly journals The system of Natural Resource Law as a branch of law

2020 ◽  
Vol 11 (4) ◽  
Author(s):  
Deineha Maryna ◽  
Keyword(s):  
Natural Resources ◽  
Natural Resource ◽  
Social Relations ◽  
Legal Regulation ◽  
Structure Characterization ◽  
Law System ◽  
Legal Norms ◽  
Special Part ◽  
Basic Objective ◽  
Definition Of

The article investigates the scientific approaches of domestic and foreign scientists to the definition of the system of law and its main features and properties. The system of law is defined as objectively determined by social relations an integrated and organized set of elements of law, which are interconnected by internal connections and act in relation to the surrounding conditions and other systems as a whole, which is characterized by the presence of the goal and dynamism in development. The system of law characterized by some features, including basic, objective, integrative and organized unity and dynamism. It is revealed that the system of law is characterized by the internal organizational structure. Characterization of structural elements of the system of law and features of relations between them is carried out. The theoretical principles of the system of natural resource law are revealed. It was found out that the object, method and object of legal regulation are the determining criteria for constructing a system of natural resource law. The system of natural resource law is defined as an integrated and organized set of legal norms regulating social relations regarding the use and reproduction of certain natural resources in their inextricable connection with other elements of the environment in order to ensure, first of all, the economic needs of man and society. The structure of natural resource law is objectively due to nature-resource relations, its division into separate interrelated elements: legal norms and institutions. In addition, the structure of the system of natural resource law can be represented by dividing it into a general and special part. The institutions of the General and Special Parts of natural resources law are singled out. The institutes of the common part contain legal norms that have a generalized character of action and are common to all types of nature-resource relations that are subject to legal regulation. Legal norms and institutes of a special part regulate certain, relatively separate groups of social relations and have a lower degree of universality. Keywords: system of law, structure of the system of law, elements of the system of law, system of Natural Resource Law, norms of Natural Resource Law, institutes of Natural Resources Law, subsectors of Natural Resource Law, General and Special parts of Natural Resource Law

scholarly journals FAIRNESS AS A PRIVATE LAW PRINCIPLE AND ITS EFFECTIVENESS CRITERION

2018 ◽  
pp. 79-90
Author(s):  
BRONISLAV GONGALO ◽  
NATALIA NOVIKOVA
Keyword(s):  
Middle Ages ◽  
Social Relations ◽  
Legal Regulation ◽  
Complex Nature ◽  
Private Law ◽  
Systematic Analysis ◽  
Legal Norms ◽  
Private And Public ◽  
Legal Concepts ◽  
Law Regulation

Introduction: the history of legal regulation is connected with the problem of fairness of legal norms (this question was raised in the politico-legal concepts of antiquity, the Middle Ages, New Era and contemporary times). Nowadays, in the context of legislative reforms and search for a balance between private and public interests, the question of fairness has not lost its significance. Not only legal theorists face this question, but legislator comes across it when determining the direction of the legislative deve- lopment. The same question arises when law enforcer has to solve certain legal dispute. The main goal of this research is to determine the value of fairness in the private-law regulation of social relations. Methods: the systematic analysis of the «fairness» category in the aspect of its impact on the modern state of private-law regulation acts as a determining method of the research. This particular method was chosen because it allows revealing the integrity and complex nature of the category under study. Apart from the systematic analysis, during the research general scientific dialectical method of cognition and special methods of investigation (formally legal, comparative law research, method of legal modeling) were also used. Analysis: in the framework of study the main tendencies of private law development in the modern economic and political conditions from the perspective of general legal and private-law approaches have been investigated, inter alia the issue of searching the balance in private and public, personal and common interests in various scopes of private law application. Results: the authors come to the conclusion that the category of fairness is multidimensional. On the one hand, it can serve as a private law principle that stems from the extensive principle of law fairness, and, on the other hand, being the reflection of social compromise, should serve as a criterion of the effectiveness of the private-law regulations on the national and international level.

scholarly journals The principle of legality in the activities of the police during the use of technical means of recording administrative offenses

2020 ◽  
pp. 208-213
Author(s):  
Yevhen Bakutin
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Legal Consciousness ◽  
Basic Principles ◽  
Legal Norms ◽  
Legal Principles ◽  
The Social ◽  
Preservation Of Evidence ◽  
Principle Of Legality

The article covers the analysis of the basic legal principles, in particular the principle – legality. In modern conditions, lawenforcement police cannot be successfully carried out without proper application of advances in science and technology. The role andpurpose of science – the search for problem areas, their research and suggestions for ways to eliminate shortcomings and areas forimprovement. Among the basic principles that contribute to the quality implementation, development and use of technical means are:legality; efficiency; ethics; scientificity; security; preservation of evidence, etc.In the context of understanding principles, it is a means to ensure the integrity of the legal system and the effectiveness of law asa social regulator. Considering the scope of the use of technical means for fixing offenses, the principles that are specified to this objectof legal regulation, can contribute to the effectiveness of police law. Effectiveness in this sense is considered as a resultant influence ofthe law with the achievement of the most expedient for society and the state of results.The main features of the principles: objectively predetermined by the social environment, the nature of social relations and havea reverse effect on them; is an ideological creature, the result of the development of the legal consciousness of society, and at the sametime aimed at promoting the growth of the legal consciousness of society, its culture; is an ideological basis for objective law, expresslyexpresses the laws of its development, essence and social purpose; describe (specify) the established right, make uniformity in the systemof legal norms; serve as the basic principles of legal regulation of social relations, provide coherence to all of its mechanism, actas guidelines for the formation and improvement of the legal system, its framework, support, reflect the objectively existing tiesbetween the elements of the legal system and the social system; accumulate world experience in the development of law, embody democraticand humanistic traditions and at the same time constitute the legal values that are part of the world legal treasury.

Typologization of security regulation

2020 ◽  
pp. 20-27
Author(s):  
Denis Tikhomirov
Keyword(s):  
Social Relations ◽  
Scientific Literature ◽  
Legal Regulation ◽  
Procedural Understanding ◽  
Limited Ability ◽  
Methodological Basis ◽  
Wide Range ◽  
The Subject ◽  
Definition Of ◽  
Legal Understanding

The purpose of the article is to typologize terminological definitions of security, to find out the general, to identify the originality of their interpretations depending on the subject of legal regulation. The methodological basis of the study is the methods that made it possible to obtain valid conclusions, in particular, the method of comparison, through which it became possible to correlate different interpretations of the term "security"; method of hermeneutics, which allowed to elaborate texts of normative legal acts of Ukraine, method of typologization, which made it possible to create typologization groups of variants of understanding of the term "security". Scientific novelty. The article analyzes the understanding of the term "security" in various regulatory acts in force in Ukraine. Typological groups were understood to understand the term "security". Conclusions. The analysis of the legal material makes it possible to confirm that the issues of security are within the scope of both legislative regulation and various specialized by-laws. However, today there is no single conception on how to interpret security terminology. This is due both to the wide range of social relations that are the subject of legal regulation and to the relativity of the notion of security itself and the lack of coherence of views on its definition in legal acts and in the scientific literature. The multiplicity of definitions is explained by combinations of material and procedural understanding, static - dynamic, and conditioned by the peculiarities of a particular branch of legal regulation, limited ability to use methods of one or another branch, the inter-branch nature of some variations of security, etc. Separation, common and different in the definition of "security" can be used to further standardize, in fact, the regulatory legal understanding of security to more effectively implement the legal regulation of the security direction.

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