scholarly journals Modern financial and legal relations trends and economy digitalization

2021 ◽  
Vol 109 ◽  
pp. 01036
Author(s):  
Igor Semukhin ◽  
Svetlana Kolovaylo ◽  
Natalia Kravchenko
Keyword(s):  
Financial Market ◽  
Social Relations ◽  
Tax Avoidance ◽  
Legal Regulation ◽  
System Control ◽  
Public Authorities ◽  
Goods And Services ◽  
Commercial Activities ◽  
Banking Relationships ◽  
Tax Benefits

The article considers the trends in the development of financial and legal relations, which are caused by changes taking place in economic and social relations through the introduction of digital technologies. In conducting the study the authors analyzed the totality of currency, banking relationships, insurance relationships, budgetary legal relations and financial market relations. As a result of the study, the authors concluded that it is necessary to improve the mechanism of legal regulation of the use of such financial instruments as blockchain, cryptocurrency, etc., as well as the supervisory functions of the Bank of Russia credit bureaus in order to increase confidence in financial market participants.The authors also justify the need to introduce specific taxes (taxation on payments made for the purchase of goods and services over the Internet, or a tax on turnover from commercial activities on the world wide web) in order to prevent digital businesses from tax avoidance. An implication of the analyses is identifying tools that ensure a transparency of the budget system. Control approaches themselves have also been transformed. Thus, risk-based approaches have been used, as well as ratings of control objects by the level of reliability. It also requires further analysis of the regulatory tools that can be applied by public authorities, changes in the object and tax base, the procedure for collecting taxes, and possible tax benefits. The results can be used in further research to develop an effective legal mechanism for regulating financial and legal relations in modern economic condition.

scholarly journals Actual problems of economic activity of communal commercial enterprises in Ukraine

2020 ◽  
pp. 89-96
Author(s):  
Vadym Koverznev
Keyword(s):  
Economic Activity ◽  
Local Governments ◽  
Local Community ◽  
Negative Impact ◽  
Public Procurement ◽  
The European Union ◽  
Public Authorities ◽  
Goods And Services ◽  
Commercial Activities ◽  
Procurement Procedure

In the article are accented attention on that the modern state of economy of Ukraine is in the crisis state.. In these conditions, there is an urgent need to save budget funds spent on ensuring the activities of public authorities and local governments, and the implementation of their powers. This problem is partially solved by the legislation on public procurement, which should serve as a means of economic growth in Ukraine. In the foreign member states of the World Trade Organization Agreement, the participant of which Ukraine is, public procurement is used primarily to develop innovation and improve the quality of life; the most popular means of innovation in the European Union, which is not yet on the market, are pre-commercial procurement, which is carried out in order to research and develop new innovative solutions. Unfortunately, in Ukraine such projects does not develop and public purchases are used exceptionally with the aim of budgetary cost effectiveness, during realization of purchases for satisfaction of current necessities of public and organs of local self-government authorities, that not in a complete measure answers their setting. An analysis of the current legislation of Ukraine on public procurement provides grounds for the conclusion that it applies to all utilities without exception, including those created for commercial activities and profit in the interests of the local community. However, proving the fact, that the economic activity of enterprise has exclusively commercial in nature and is not carried out at the expense of the budget, releases the municipal commercial enterprise from the obligation to comply with the public procurement procedure established by the Law of Ukraine “On Public Procurement” services. The need for public procurement has a negative impact on the economic performance of utility companies, as in many cases it forces them to purchase cheap goods and services that do not meet the company’s requirements for functionality or quality. Suchsituation reduces the interest in development of communal commercial enterprises and encourages owners to liquidate them, which creates the preconditions for the emergence of corrupt schemes to withdraw funds from local budgets. With the aim of conditioning for effective realization by the business communal enterprises of economic activity in interests of local communities, the leadingout of these enterprises offers the author of the article from under the action of legislation of Ukraine about public purchases. Key words: purchases for budgetary funds, public procurements, communal commercial enterprises.

Financial Law and the Financial Market (part 2)

Financial law ◽  
2021 ◽  
Vol 1 ◽  
pp. 10-16
Author(s):  
Aleksandr V. Turbanov ◽  
Keyword(s):  
Financial Market ◽  
Social Relations ◽  
Legal Regulation ◽  
Private Law ◽  
Public And Private ◽  
The Subject

The article examines the question of whether social relations arising in the financial market are included in the subject of financial law. In this regard, the concepts of finance, financial market and branch of law, the ratio of public and private law, the subject of financial law and methods of legal regulation are considered. Appropriate conclusions are drawn.

scholarly journals THE ESTABLISHMENT OF LEGAL RULES AS AN ELEMENT OF THE SYSTEM OF LEGAL INFLUENCE: AN INSTRUMENTAL APPROACH

2018 ◽  
Vol 5 (3) ◽  
pp. 114-134 ◽  
Author(s):  
L. Berg
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Social Activity ◽  
Social Institutions ◽  
Legal Regulation ◽  
Public Authorities ◽  
Instrumental Approach ◽  
Legal Rules ◽  
Legal Forms ◽  
Definition Of

The author considers the essence of the establishment of legal rules as the will of the State that forms the structure of social relations. Based on an instrumental approach, the author examines the establishment of legal rules and the rules of law in their interaction with social activity, which allows subjects to “find themselves” in the legal system. Thus, the structures of public authorities, establishments and enterprises are created, their goals and order of activities are determined, as well as the competence and powers of officials, and legal statuses are secured; consequently, the participants, objects, terms of starting, changing and terminating legal relations concerning society are determined, too. Hence, the law influences the content of social relations, which is activity. In general, the results of the activities of individual and collective subjects of law reflect social relations, and social relations need legal regulation. At the same time, social relations may appear not only as activity, they may also appear in a passive form as legal statuses, social institutions. They are also regulated through legal rules, and in that case legal influence is carried out through the establishment of legal rules. It is able to predict the legal forms of subject activities through the establishment of legal rules. The author puts forward a legal definition of the establishment of legal rules as a purposeful influence on public relations, which is to regulate by means of legal rules. Distinctions of legal regulation from legal influence are established. The legal means expressing external factors in reference to the subject’s will correspond to the establishment of legal rules. However, by analyzing a list of normative acts we can conclude that legal means should be established more logically. It is necessary to consider the dialectics of relationships between purpose and means in the field of rulemaking processes, since dialectics is of a two-way determinative nature.

scholarly journals PUBLIC AND LEGAL RELATIONS AS A SPHERE OF JUDICIAL PROTECTION OF VIOLATED RIGHTS, FREEDOMS, AND INTERESTS

2021 ◽  
Vol 7 (2) ◽  
pp. 219-223
Author(s):  
Vyacheslav Tylchyk ◽  
Viktor Leschynsky
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Self Regulation ◽  
Legal Regulation ◽  
Functional Method ◽  
The State ◽  
Public Authorities ◽  
Legal Form ◽  
Legal Norms ◽  
Administrative Proceedings

The role of legal relations in legal science cannot be overestimated, especially given the expansion of the boundaries of the subject of administrative law, which leads to the need to rethink its content. Legal relations can be defined as a kind of phenomenon that is a sign of a systemic connection and includes law in its subjective and objective sense. This is due to the fact that the law without legal relations loses its practical meaning, even in the case of certain material leverage. An important statement in the context of scientific research is that law is a real element of public life only when its existence is mediated by legal relations. It is clear that the sphere of public and law relations is much narrower in terms of the volume of social relations in general, which are due to the presence of phenomena that, crystallizing through the prism of legal regulation, acquire legal consolidation and significance. Analysing social relations (individual phenomena, institutions), scientists automatically transfer them to the legal plane. In this case, it is not possible to state the equal importance of social relations and law in legal relations, because the first will fill the legal gaps that will be the cornerstone of their order, and the conceptual apparatus of such a system will have to affect the legal form of law enforcement or vice versa. The reflexivity of a person’s perception of social norms expressed in the balance of social relations and law in legal relations can be established only by analysing not only legal norms but also social relations, which they organize in a “volumetric” sense. It is clear that such a process should not turn into a mechanical increase in legal regulation, but take into account the peculiarities of social relations, which, in fact, indicate anthropocentrism rather than the fact of priority or importance for the state as a subject (participant). In this context, it should be noted that today it is extremely difficult to determine which relations are most important for the state; moreover, the balance of human-centrism seems unclear, because without the participation of public authorities in the declared “self-regulation” to reach any “stability” whether it is impossible to overcome the negative phenomena. Methodology. The solution of the tasks is carried out using the cognitive potential of the system of philosophical, general scientific and special methods. Constitutionalism and synthesis allowed to define attributes and essence of the concept of “public law relations” and create this and other concepts. Using the form of analysis – systematization – the problems of classification of disputes in the field of public relations are identified, which are resolved by administrative courts. The structural and functional method is used during the characterization of public and law relations as a sign of a dispute, which is resolved in administrative proceedings and the study of the structure of the judicial administrative process. Methods of linguistic analysis and interpretation of legal norms helped identify gaps and other shortcomings in the legislation, develop proposals for its improvement.

ADMINISTRATIVE AND LEGAL PRECONDITIONS OF THE STATE POLICY IN THE SPHERE OF LABOR

2018 ◽  
Author(s):  
Leonid Ostapenko ◽  
Keyword(s):  
Social Relations ◽  
State Policy ◽  
Labor Relations ◽  
Legal Regulation ◽  
The State ◽  
Material Base ◽  
Public Authorities ◽  
Important Place ◽  
Legal Provisions ◽  
Wide Range

Modern approaches in the explanation of Ukrainian state policy in the field of labor, as a rule, are based on the constitutional principles and normative-legal acts, regulating a wide range of social and labor relations. The available arsenal of explanations of state policy has different in content interpretations, with the help of which means and goals, aimed at the implementation of state tasks, which are complex in nature and require legal regulation, are denoted. Among the political, economic and social prerequisites for the formation and implementation of state policy, an important place belongs to the justification of the authoritative nature of state activity aimed at the regulation of social relations, among which should be highlighted relations in the field of labor. The essence of state power to implement tasks in the field of labor reveals not only the socio-political significance, but also indicates the presence of administrative and legal filling of certain provisions of legal regulation of social and labor relations, closely related to employment and employment employment of the population, its participation in the creation of the national material base, which is the basis of the social welfare of the population. Political decisions of the state in the field of labor are carried out by public authorities, which use forms and methods of administrative and legal regulation, its mechanism, which in most cases does not contradict the legal provisions enshrined in the Constitution of Ukraine. At the same time, the spread of state policy in the domestic administrative and jurisdictional practice is one of the conditions requiring the study of the nature, features, purpose and application of administrative and legal regulation of relations in the field of labor.

scholarly journals Financial Law and the Financial Market (part 1)

Financial law ◽  
2020 ◽  
Vol 10 ◽  
pp. 7-12
Author(s):  
Aleksandr V. Turbanov ◽  
Keyword(s):  
Financial Market ◽  
Social Relations ◽  
Legal Regulation ◽  
Private Law ◽  
Public And Private ◽  
The Subject

The article examines the question of whether social relations arising in the financial market are included in the subject of financial law. In this regard, the concepts of finance, financial market and branch of law, the ratio of public and private law, the subject of financial law and methods of legal regulation are considered. Appropriate conclusions are drawn.

scholarly journals Regulation of Settlement Relations under Civil Law in the Context of Development of the Sharing Economy

Lex Russica ◽  
2019 ◽  
Vol 1 (9) ◽  
pp. 43-50
Author(s):  
I. Z. Ayusheeva
Keyword(s):  
Social Relations ◽  
Rapid Development ◽  
Civil Law ◽  
Rapid Change ◽  
Legal Regulation ◽  
Sharing Economy ◽  
Goods And Services ◽  
Blockchain Technology ◽  
New Institutions ◽  
Modern Era

The modern era is characterized by a rapid change in social relations, the emergence of new institutions, which has become a consequence of rapid development of technologies, their penetration into everyday life. Nowadays, measures are being taken to develop the digital economy. At the same time, the society is experiencing crisis phenomena, environmental problems, which, consequently, leads to changes in the culture of consumption of available limited resources: in the economy there is a tendency to shift from a society of consumption (consumerism) to the sharing economy. Indeed, the idea of the economy of joint use of goods and services (sharing economy, peering economy) is not a new one in itself, but it has gained new impetus in the context of the development of modern technologies, digitalization of the economy, when the creation of uniform technological platforms and marketplaces facilitates the unification and connection of an unlimited number of strangers. All this determines the relevance of the study of the features of civil law regulation of relations associated with the implementation of settlements in connection with the performance of obligations under the contracts concluded in the context of the sharing economy, determination of the possibility of using blockchain technology in this field and peculiarities of the legal regulation of relations in connection with its application. The article highlights that, at the present stage, different models of contractual relations are formed to mediate relations existing in the sharing economy, within each of these models there are peculiarities of performance of obligations, while the model of the sharing economy gives the possibility of using the blockchain technology, but its use is complicated by the lack of proper legal regulation of the relations under consideration.

scholarly journals On the role of legal education of non-professional participants of criminal proceedings in the criminal science

2021 ◽  
pp. 19-25
Author(s):  
Evgenii Vladimirovich Zubenko ◽  
Evgenii Nikolaevich Bugaev ◽  
Darima Andreevna Garmaeva
Keyword(s):  
Social Relations ◽  
Legal Education ◽  
Legal Regulation ◽  
Criminal Investigation ◽  
Research Subject ◽  
Criminal Proceedings ◽  
Public Authorities ◽  
Investigation Technique ◽  
General Provision

The research subject is the activity of public authorities and officials related to anti-criminal education of non-professional participants of criminal proceedings, and the legal regulation of such an activity within a criminal investigation. The authors study the role of legal awareness in criminal science. The research object is social relations regulating the activity at the level of public authorities and their officials aimed at legal education. The authors consider legal education as a part of an investigator’s work, which should be reflected in criminal science. The research methodology is based on the dialectical and formal-legal research methods, as well as the analysis of regulatory documents and criminalistic literature. The authors describe the role of legal education (in the course of their formation) within the structure of criminal science. It can be implemented within one or several tactical methods (their combination); as a general provision of the criminal investigation technique; as a subtheory of criminal science.   

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.

Characteristics of Legislation on Legal Relations of Information Dissemination

2020 ◽  
pp. 18-23
Keyword(s):  
Social Relations ◽  
Information Dissemination ◽  
Legal Regulation ◽  
Legal Scholarship ◽  
Legal Norms

Information and telecommunication technologies have radically changed all social relations. This required corresponding changes in the information legislation. System of legal norms regulating information relations has been updated and increased. However, this changes did not improve legal regulation of information relations. Scientists emphasize that imperfection of information legislation depends on inadequacy of legal norms. Legal scholarship discover different defects of legal norms: antilogy, deficiency of law, inadequacy in logic, duplications and declarativity of norms. Legislation on information dissemination is also characterized by these defects. They entailed problems of application by the courts. Scientific immaturity of legal regulation of information relations is noted. The necessity for creating special legal act, which will regulate relations on information dissemination, is justified.

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