scholarly journals Implementation of the “regulatory guillotine” and development of the administrative law

2021 ◽  
Vol 118 ◽  
pp. 03014
Author(s):  
Marina Anatolievna Shtatina ◽  
Ivan Valerievich Shmelev ◽  
Alessandro Cenerelli
Keyword(s):  
Quantitative Methods ◽  
Comparative Method ◽  
Legal Reform ◽  
Legal Regulation ◽  
Administrative Law ◽  
Point Of View ◽  
Legal Reforms ◽  
Administrative Reforms ◽  
Regulatory Instruments ◽  
Administrative Procedures

The purpose of this study is to analyse the functioning of the “regulatory guillotine” in the context of the development of administrative law. The authors used qualitative methods to identify the features of the “regulatory guillotine” and determine its place among the institutions of administrative law. Quantitative methods were applied to define the scope and consequences of administrative reforms. The use of the legal comparative method made it possible to describe the peculiarities of the “regulatory guillotine” in Russia. The research results were conclusions from the analysis of legislation and the practice of implementing administrative and legal reforms that show the technological nature of the “regulatory guillotine”. In terms of organisation and implementation, the authors attributed the “regulatory guillotine” to administrative reforms, but in terms of content, the “regulatory guillotine” goes beyond even legal reform, as it involves assessing regulatory instruments from the point of view of not only legality but also economic efficiency and social feasibility. The novelty of this research should be considered the conclusion that the “regulatory guillotine” technologies can contribute to the improvement of administrative and legal regulation in Russia, provided they are thoroughly and purposefully applied in conjunction with the updated institutions of administrative procedures, administrative responsibility, licensing, expert and evaluation activities.

scholarly journals The sphere of land relations as a component of administrative and legal regulation subject

1970 ◽  
pp. 283-289
Author(s):  
Vladyslav Zalievskyi
Keyword(s):  
Public Relations ◽  
Local Governments ◽  
Legal Status ◽  
Great Part ◽  
Legal Regulation ◽  
Administrative Law ◽  
Point Of View ◽  
Land Relations ◽  
Private And Public ◽  
The Subject

The author’s approach to defining the range of land-related and ground-related phenomena based on administrative law is proposed in the article. The availability of subject authority power relations in the structure and the fulfillment of relevant functions is the main criterion for the separation of such relations. The expediency of using the term “sphere of land relations” as those arising in connection with the exercise of power by the executive authorities and bodies of local self-government is validated and the subject of the relations is land, ground area, rights to them, as well as objects and subjects derived from them. Land relations are one of the largest in volume masses regulated by the norms of public relations law where an absolute majority of both private and public entities are involved. However, due to the diversity of such entities and differences in their legal status, the legal regulation of land relations uses the methods inherent in both civil and administrative law. In addition, in terms of the land law the existence of its own legal regulation method is emphasized. A great deal of research has been devoted to the issues of administrative and legal regulation of land relations, in particular by such scientists as E. Gladkova, M. Kovalsky, V. Pakhomov, M. Shulga, O. Nevmerzhitsky, D. Busuyok and others. Relevant papers from the administrative law point of view emphasize that a great part of the relations which have the subject of land and the phenomena connected with the ground are covered by the subject of administrative law. The aim of this article is to determine the range boundaries of land-related and ground-related phenomena that are regulated by administrative law. Taking into account the normative definition peculiarities of the “land relations” concept content in order to make scientific research, it is more correct to use the term “administrative and legal regulation in the field of land relations” in comparison with the term “administrative and legal regulation of land relations”. The term “sphere of land relations”, in our opinion, should be understood as a set of relations, which in addition to land includes relations arising in connection with the exercise of power by executive authorities and local governments and the subject of these relations is land, ground area, rights to them, and subjects and objects derived from them.

scholarly journals ADMINISTRATIVE AND LEGAL REGULATION OF INCLUSIVE EDUCATION IN PRESCHOOL EDUCATION INSTITUTIONS AND SECONDARY EDUCATION INSTITUTIONS IN UKRAINE

2021 ◽  
pp. 122-137
Author(s):  
O. Yu. Kryvoruchko ◽  
M. S. Shevchenko
Keyword(s):  
Secondary Education ◽  
Inclusive Education ◽  
Comparative Method ◽  
Research Work ◽  
Preschool Education ◽  
Legal Regulation ◽  
Educational Needs ◽  
Administrative Law ◽  
Special Educational Needs ◽  
Number Of Children

The article is devoted to the issues of improving the administrative and legal regulation of inclusive education in institutions of preschool education and secondary education instituions in Ukraine. Addressing this topic is certainly relevant due to the fact that, firstly, inclusive education is a new institution for Ukrainian society and a real challenge for children, teachers and the legislator. Secondly, in the science of domestic administrative law there is no comprehensive study of Ukrainian sources of law in the field of inclusive education, which would also fully identify the challenges of this field. Thirdly, administrative and legal acts in the field of inclusive education, unfortunately, do not correspond to reality, have gaps in both the field of law and in the field of pedagogy. The authors set themselves the following tasks: to analyze the sources of law governing relations arising in the field of inclusive education in Ukraine; highlight the current challenges of the inclusive education in Ukraine and make suggestions on ways to overcome them. The methodology of this article includes: the method of analysis and synthesis, the systemic and functional approach, the historical method, abstraction, the comparative method, explanations, research interviews, modeling and forecasting methods. So, the authors of the article translated and studied the legislation of the State of Israel as a progressive country in the field of inclusion. To achieve the main goal of the research it was also conducted a survey among the heads of educational institutions in the city of Odessa, where currently inclusive groups or classes are functioning. This has identified challenges such as gaps in the most legally established procedure for opening inclusive groups and classes; providing schools and kindergartens with assistants who should help educators /teachers and children with special educational needs; the question of the number of children with special educational needs in a group or class and the nature of nosologies. Having studied each of the challenges in detail, the authors proposed appropriate changes and additions to the current legislation, which are detailed in the comparative tables. The conclusions of the article can be used both in research work for the further development of Ukrainian administrative law and in national lawmaking by making appropriate changes to Ukrainian legislation and the adoption of relevant legal acts regulating important issues in the field of inclusive education.

SPECIFICS OF COMBATING CORRUPTION IN THE CIVIL SERVICE OF THE RUSSIAN FEDERATION WITH THE USE OF ADMINISTRATIVE LAW MECHANISMS

2016 ◽  
Vol 11 (1) ◽  
pp. 107-113
Author(s):  
Гончарук ◽  
Natalya Goncharuk
Keyword(s):  
Russian Federation ◽  
Civil Service ◽  
Legal Liability ◽  
Legal Regulation ◽  
Administrative Law ◽  
Legal Provisions ◽  
Administrative Procedures ◽  
The Subject ◽  
The Russian Federation ◽  
Law Making

The article provides analytical information on anti-corruption in the system of the civil service of the Russian Federation. The article presents the rationale for further elaboration of decisions on combating corruption at the level of administrative law-making and enforcement of administrative law, because the existing legal provisions should find their content in all kinds of legal liability. It is in the field of administrative legal regulation the concrete mechanisms of combating corruption should be enhanced, gaps should be eliminated, creating opportunities for corruption, the formed schemes of corrupt interaction should be destroyed. A similar situation exists in the scientific coverage of the problems of combating corruption. The existing monographic publications and sources on the subject widely present the strategic and tactical aspects, however, questions on the use of administrative procedures and anti-corruption mechanisms need to be further developed.

scholarly journals TRADITIONS AND INNOVATIONS OF THE CONCEPT OF ADMINISTRATIVE LAW UNDER REFORM

2019 ◽  
Vol 5 (4) ◽  
pp. 130
Author(s):  
Svitlana Levchenko ◽  
Kateryna Holovko
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Legal Reform ◽  
Legal Regulation ◽  
Administrative Law ◽  
Research Field ◽  
Legal Doctrine ◽  
Systematic Analysis ◽  
Methodological Basis ◽  
Depth Study

The article is devoted to the study of the essence and content of individual transformation processes in the field of administrative law of Ukraine under the conditions of administrative and legal reform. Attention focuses on the issue of a detailed assessment of the nature of public relations, which are included in the sphere of legal regulation of the field of administrative law. The author concludes that a qualitative and substantial update of the theoretical and methodological basis should be an integral part of administrative and legal reform. The importance of the process of updating the categorical framework, the introduction into the legal circulation of new categories, capable of creating a more solid scientific basis of administrative law, is proved. The positions of leading Ukrainian scholars in the field of administrative law on the essence of the category “public administration” are analysed and the reasons for the dualism of approaches to its definition in the Ukrainian administrative and legal doctrine are revealed. Attention is paid to the basic factors of the shift of the idea of the priority of the rule of law towards the specific relationship between public administration bodies and individuals. The subject matter of the study is the traditions and innovations of the concept of administrative law of Ukraine in terms of reform. The purpose is to study the nature and content of transformational changes in the administrative law of Ukraine at the present stage. The methodological basis of the study was the set of methods and techniques of scientific knowledge. The methodological construction is based on a systematic analysis that defined its directions. The systematic approach in some issues was supplemented by an axiological (ideological) approach. Empirical methods such as observation, description, comparison, and inductive generalization were used to identify trends in the reform of the administrative law of Ukraine. The logical and semantic method was used for formulation and in-depth study of the conceptual framework. The dialectical method of cognition made it possible to investigate the problems associated with the definition of the concept of “public administration” in Ukrainian administrative and legal doctrine. Application of methods of modelling, analysis, synthesis, generalization, and analogy allowed formulating the conclusions of the study. The conclusions of this study are that the author has established that an integral part of the administrative and legal reform of Ukraine should be a qualitative and substantial updating of the categorical and terminological framework of the field of administrative law and, above all, the basic category of “public administration”. At the same time, in the context of Ukraine’s development as a democratic and legal state, all reform initiatives must be systematic and consistent. Special attention also needs to be paid to scientific and analytical monitoring of the state of introduced changes and consequences of the implemented administrative reform measures, which will allow expeditiously identifying and correcting possible mistakes, as well as making recommendations on further prospects of the development of the administrative and legal sector. Practical implications. The results of the study will help to better understand the basic aspects of the new concept of administrative law and can be used in the research field for a further in-depth study of the issue of transformational changes in the administrative and legal field.

scholarly journals The influence of digital platforms and algorithms on legal regulation of competition

2021 ◽  
Vol 109 ◽  
pp. 01020
Author(s):  
Marina Kozlova ◽  
Dmitriy Kozhemyakin ◽  
Olga Sergacheva ◽  
Alexandr Bortenev
Keyword(s):  
Computer Software ◽  
Legal Regulation ◽  
Point Of View ◽  
Competitive Environment ◽  
Digital Platforms ◽  
Legal Standards ◽  
Fair Competition ◽  
Regulatory Instruments ◽  
Antitrust Legislation ◽  
The Right

The antitrust regulation faces challenges in the context of digitalization and algorithmization; several of them are analyzed in the article. The authors explore the influence of digital platforms and pricing algorithms on competitive environment, the practice of their application in view of monopolizing the market and the possibilities to resist such practice from the point of view of the antitrust legislation. They examine the approaches to regulating digital instruments of pricing in order to ensure fair competition. One of the approaches is based on the fact that there is no need to develop specific regulatory instruments due to the lack of information on the consequences of algorithmic pricing applied to competition. Another one implies checking every new pricing algorithm in order to establish its influence on competitive environment and allowing or prohibiting it based on that. The third approach suggests further control using new legal standards that differ from the current ones. Banning algorithmic pricing is viewed as unreasonable as the pricing itself becomes more economically effective. The question of responsibility is raised for the cases when cartels are formed as a result of the activity of computer software. It is concluded that the owners of the software must be held accountable for any actions of the algorithm, as no program can act of its free will, they are controlled by the creator or the right holder.

GRAMMATICAL PECULIARITIES OF BRITISH NOVEL TRANSLATION INTO UKRAINIAN

2020 ◽  
Vol 2020 (30) ◽  
pp. 135-151
Author(s):  
Yevheniia Savchenko ◽  
Anhelina Haishun
Keyword(s):  
Quantitative Methods ◽  
Comparative Method ◽  
Point Of View ◽  
Target Language ◽  
Cultural Tradition ◽  
Original Text ◽  
British Novel ◽  
Continuous Sampling ◽  
Sentence Level ◽  
Morphological Transformations

One of the most important tasks of the translator is to achieve the equivalence of the translation text. As a result, translators are forced to use various transformations, in particular grammatical ones. The study of grammatical transformations is also important from the point of view of identifying linguistic equivalence, the originality of the English literary language, its inherent characteristics. All of the above determines the relevance of the paper topic. The aim of the work is to study the basic principles of the functioning of grammatical transformations in the British novel translation into Ukrainian. The study is based on the continuous sampling method, translation and comparative method, transformational analysis, descriptive and quantitative methods and interpretive analysis methods. It was found that morphological transformations were carried out using full, zero, partial translations, functional substitution (correspondence), assimilation, conversion and antonymic translation in the conditions of similarity of forms. The morphological transformations in the conditions of form discrimination were carried out using zero translation, functional substitution, conversion, expansion and contraction. The syntactic transformations at the level of word combinations were carried out using a full translation, such types of partial translation as contraction, expansion and transposition, functional substitution, translation commentary or descriptive translation. The syntactic transformations at the sentence level were carried out using zero translation, functional substitution, transposition, expansion, contraction, antonymic translation, addition, omission. Such transformations most often complement each other, thereby compensating a certain loss of information in a certain extent through the restructuring of the original text. Each such transformation is directed, first of all, to an adequate way of transferring the initial information in forms that are acceptable for the cultural tradition and the target language.

scholarly journals Development of budget law during the budget and legal reform in the Russian empire in 1860–1890

2020 ◽  
pp. 47-55
Author(s):  
Yurii Pokhodzilo
Keyword(s):  
Financial System ◽  
Legal Reform ◽  
Legal Regulation ◽  
Russian Empire ◽  
The State ◽  
Point Of View ◽  
System Reform ◽  
Main Body ◽  
Budget Reform ◽  
The Russian Empire

Problem setting. The article reveals the peculiarities of the development of budget law in the Russian Empire in the context of budgetary and legal reform in the period from 1860 to 1890. It has significant historical and legal significance, as today it remains the focus of many researchers who study various aspects of contemporary life from a historical, legal, political and even political point of view. The purpose of the article is to analyze the peculiarities of the development of budget law in the Russian Empire in the conditions of budgetary and legal reform in the period from 1860 to 1890. Article’s main body. It is emphasized that Ukraine is currently facing a new challenge for further modernization of the financial system, so the analysis and experience of financial system reform carried out in the Russian Empire in the second half of the XIX – early XX century is very relevant. In the process of studying the legal regulation of budgetary relations in the Russian Empire, the results of the reform developed four principles to be met by the budget: (a) unity of the budget, (b) completeness of the budget, (c) reality (truthfulness) of the budget, (d) publicity of the budget. The content of the budget reform of 1862 is most clearly revealed through the analysis of the legal consolidation of these principles. The unity of the budget consists both in a unified procedure for drawing up the budget and in a single budget document. In fact, it is a question of existence of one budget in which all incomes and expenses of the state are reflected. Conclusions. It is noted that as a result of the reform of legal regulation of budgetary relations in the state there is such a branch of law as budget law, a set of laws that determine the procedure for drawing up, reviewing, approving and implementing the budget. In addition, the procedure for drawing up, reviewing and approving the budget, the range of authorized persons involved in each of these stages is determined. Keywords: budget law, budget reform, development of budget law, Russian Empire.

scholarly journals Matters of judicial practice of Sevastopol and the Republic of Crimea in the field of merchant shipping

2021 ◽  
Vol 108 ◽  
pp. 01001
Author(s):  
Stanislav Aleksandrovich Vasiliev
Keyword(s):  
Comparative Method ◽  
Legal Regulation ◽  
Point Of View ◽  
Modern World ◽  
Crimean Peninsula ◽  
Judicial Practice ◽  
Expert Assessments ◽  
Russian Law ◽  
Merchant Shipping ◽  
The Republic

Merchant shipping is one of the most demanded types of transportation in the modern world. According to some reports, up to 80% of all cargo is transported by sea. In this regard, the issues of legal regulation of this complex and full of implementation nuances activity acquire particular importance. The specific condition of such seaports as Sevastopol and several other ports on the Crimean Peninsula is since Russia is under the influence of negative economic measures (“sanctions”) imposed by a large number of foreign states. Under these conditions, with the same effect of international and Russian legislation in the entire territory of the Russian Federation, the nature of their application in some cases has a certain specificity concerning these territories. In this regard, the analysis of judicial practice in this area was of particular interest. The purpose of this study is to analyze judicial practice from the point of view of the implementation of international and Russian law norms in the field of merchant shipping, as well as to identify certain trends in the activities of the subjects of the relevant legal relations. Analysis, synthesis, the comparative method, and the method of expert assessments are the methods used in the preparation of this work. The following structural analysis of the available material was used: first, the judicial practice was studied, only after that the work with legislation and other sources was carried out. As a result of the performed research, some problematic aspects of the legal regulation of merchant shipping in Russia have been identified. The trends based on which the Russian maritime law can be transformed have also been identified. The novelty of the research lies in the combination of proposals for further improvement and law enforcement practice in the field of merchant shipping.

SPECYFIKA REGULACJI ADMINISTRACYJNOPRAWNEJ W PRAWIE KONSULARNYM. WYBRANE PROBLEMY USTROJOWE I PROCEDURALNE

2021 ◽  
pp. 354-375
Author(s):  
Michał Możdżeń-Marcinkowski
Keyword(s):  
Foreign Relations ◽  
Legal Status ◽  
Administrative Law ◽  
Point Of View ◽  
The Other ◽  
Administrative Procedure ◽  
Fundamental Condition ◽  
Administrative Procedures ◽  
The Republic ◽  
Administrative Proceedings

The article discusses a significantly modified regulation within administrative law applied in the consular service. There seems to be a need for a voice in the discussion regarding the legal status of a Consul of the Republic of Poland (as well as the other members of the diplomatic corpus) as seen from an administrative law point of view. In the background of two regimes of administrative and consular law, it is also undoubtedly necessary to indicate the basic procedural border problems. A very typical example are the modified administrative procedures provided for diplomacy, with particular emphasis put on the importance of jurisdictional administrative proceedings lead by the consul. The administrative procedure constructed in this way by the legislature differs in many points from the general administrative procedure performed by other Polish authorities. Therefore, to some extent, it can be perceived as a specific administrative consular law. The aim of this article is to signal the typical procedural differences and to point out their sources. “Consular administrative law” can be perceived as a special administrative procedure, which does not constitute part of the general administrative procedure applicable to all national authorities and citizens in Poland, but which still is a sub-branch of Polish consular law which applies to the Polish citizens and foreigners in a specific administrative situations. The existence of so-called “consular administrative law”, however, presupposes one fundamental condition, which is having and maintaining foreign relations in the first place.

scholarly journals THE REPRESENTATIVE ISSUES IN FAMILY AND LEGAL RELATIONS UNDER THE LEGISLATION OF THE REPUBLIC OF UZBEKISTAN

2021 ◽  
pp. 228-232
Author(s):  
Jumagul Anvarovna Dadaboeva
Keyword(s):  
Key Words ◽  
Scientific Literature ◽  
Social Economic ◽  
Family Law ◽  
Family Relations ◽  
Legal Reform ◽  
Legal Regulation ◽  
Legal Reforms ◽  
The Family ◽  
The Republic

The article analyzes the issues of representation in family law relations under the legislation of the Republic of Uzbekistan with the help of scientific literature and normative legal acts. The study also highlights the implementation of a number of social, economic and legal reforms in Uzbekistan aimed at further strengthening the family and creating a system of consistent legal regulation of family relations KEY WORDS: Republic of Uzbekistan, legislation, legal reform, family law, representation, law, family law.

Sign in / Sign up

Export Citation Format

Share Document