The Place of Budget Expenditures in System of Financial Law

2016 ◽  
Vol 4 (11) ◽  
pp. 0-0
Author(s):  
Юлия Пятковская ◽  
Yuliya Pyatkovskaya
Keyword(s):  
Systematic Approach ◽  
Modern Science ◽  
Legal Regulation ◽  
The State ◽  
Effective Mechanism ◽  
Special Part ◽  
Points Of View ◽  
State And Local ◽  
Local Expenditures

The article is devoted to the determination of place of the norms regulating budgetary costs of the system of financial law, which has important theoretical and practical significant. The author emphasizes the need for a systematic approach in addressing the issue of the construction of an effective mechanism for legal regulation of budget expenditures. Various points of view on the place of institute of budget expenditures in the system of financial law, expressed in the Soviet and modern science of financial law, are analyzed. It is proposed to include the state and municipal revenues, state and municipal expenditures, state and municipal loans in the special part of the financial law. Budget Law is considered as a complex sub-sector of financial law. The article concludes that the norms regulating the budgetary costs are included in the sub-sector of financial law “state and local expenditures” as also are the part of the complex sub-sector of financial law “budget law”.

scholarly journals ПОЛІТИКО-ПРАВОВІ АСПЕКТИ ЗАКОНОДАВЧОГО ЗАБЕЗПЕЧЕННЯ ВИБОРЧОГО ПРОЦЕСУ В СУЧАСНІЙ УКРАЇНІ

2019 ◽  
pp. 134-144
Author(s):  
Г. М. Нечаєва
Keyword(s):  
State Power ◽  
Legal Regulation ◽  
Electoral Process ◽  
Public Authorities ◽  
The Status ◽  
The Will ◽  
Points Of View ◽  
Democratic Principles ◽  
The Stability

This article examines the stages of the electoral process based on the legislation of Ukraine on elections since the proclamation of independent Ukraine until now. Considerable attention is paid to the disclosure of the concept of "electoral process", since democracy and the legitimacy of the entire system of public authorities depend to the electoral democracy. On the basis of various points of view of scientists, scholars of lawyers it can be concluded that the electoral process as a legal category is an independent legal institution of constitutional law, which should be understood as a set of constitutional and procedural norms governing the formation of representative bodies of the state and other elected bodies of state power and bodies of local self-government, election of state officials. The issue of the legislative support of the electoral process in Ukraine, the problem of the formation of a system of electoral legislation in Ukraine on the basis of which the electoral process takes place - elections of the President of Ukraine, people's deputies of Ukraine, deputies of local councils and village, town and city mayors. Adequate reflection of the will of the citizens on the formation of a system of government, the creation of conditions for free and deliberate expression of will require not only the legislative consolidation of the principles of free and fair elections, but also detailed legal regulation of procedures for conducting an election campaign, determination of the status of the subjects of the electoral process, their rights and obligations defining the results of elections, etc. The necessity of formation and establishment of a stable electoral culture of voters and the stability of electoral legislation for ensuring the proper realization of the electoral rights of Ukrainian citizens is indicated. However, the main problem is not so much in adopting laws that would comply with generally accepted democratic principles, but in ensuring compliance with these principles in practice, which does not always lie in the field of legislative regulation. In order to ensure legality in the process of organizing and holding elections, the functioning and interaction of all branches of state power, local self-government bodies and public associations must be agreed upon.

scholarly journals Educational Function of the State as an Object of Administrative and Legal Regulation

2020 ◽  
Vol 76 (1) ◽  
pp. 39-45
Author(s):  
V. V. Abroskin
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Cultural Development ◽  
The State ◽  
Educational Process ◽  
Educational Activity ◽  
Educational Services ◽  
Coherent System ◽  
Effective Mechanism ◽  
State Educational

The emphasis has been placed on the fact that the state has the main responsibility for the formation of state policy in the field of education and the development of effective mechanism for its implementation. The author has emphasized that without the development of effective mechanism for the implementation of the educational function of the state it will be impossible to ensure the proper functioning of all spheres of public life: political, economic, cultural, environmental, informational, law enforcement, etc. In this regard, it has been focused on the importance of clarifying the content of the educational function of the state, developing effective mechanisms for its implementation. The education has been offered to be understood as a complex process regulated by the norms of national legislation, to ensure its quality we create relevant entities, entitled to provide educational services, which allows recipients of such services to realize personal potential based on their abilities, interests, needs, motivation, capabilities and experience. It has been established that the understanding of education as the result or process is the feature of the expediency of legal interpretation of this term, since procedural issues related to the organization of the educational process, education, establishment and operation of educational institutions, education management, etc. are regulated by law, primarily by administrative law. As a result of revealing the essence of the categories “function of the state” and “education” the author has formulated own definition of the concept of “educational function of the state” as the direction conditioned by the social purpose of the state, during which the state (in the form of state and non-state subjects of educational activity) creates proper conditions to meet the needs of citizens for their intellectual, spiritual, physical and cultural development, to provide them with equal access to educational services, which, as a consequence, may lead to the achievement of the planned learning outcomes. The conclusion about the two-component purpose of the educational function of the state has been made. It has been substantiated that the implementation of the educational function of the state is mainly carried out with the help of administrative and legal tools. The characteristic features inherent in the educational function of the state as an object of administrative and legal regulation have been outlined. The author has distinguished the main prerequisites for ensuring the proper implementation of the educational function of the state: a) the existence of a coherent system of regulatory acts, the provisions of which determine the priority areas of the state educational policy and take into account European educational standards, while developing an effective mechanism for implementing regulations; b) clearly defined range of subjects of management in the field of education with the consolidation of their administrative and legal status at the legislative level; c) the system of financial and logistical support of procedures for the provision and consumption of educational services must be scientifically sound and take into account modern innovative tendencies in the education sphere; d) development of an effective mechanism for motivating the employees in the field of education to use innovative technologies.

scholarly journals Biosafety and Bioethics Are the Ground of Modern Biotechnologies Development

2019 ◽  
Vol 8 (4S) ◽  
pp. 41-45
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Legal Norms ◽  
Scientific Discussion ◽  
Biotechnology Research ◽  
Protection Of Human Rights ◽  
Modern Biotechnology ◽  
Points Of View ◽  
Living Organisms ◽  
Comprehensive Study

This article summarizes different points of view in the context of scientific discussion on biosafety and the legal regulation of biotechnology use by states. The legal regulation of biotechnology, as a rapidly developing branch of science, concerns, first and foremost, activities related to the development, use and transfer of technologies for the use of living organisms. The main purpose of this study is to verificate the need to develop a mechanism that, according to the authors, will be able to implement the state biosafety policy based on the development of certain standards by international organizations and that will serve as a platform for the formation of international biomedical law, through integration principles of bioethics into biomedical relations. Object. The object of research is the norms of international law in the sphere of international legal regulation of the use of modern biotechnology through the lens of bioethics. Material and methods. The methodological basis of the research is comparative legal, dialectical, historical legal, comparative, and other research methods. Results. As a result of the analysis of scientific sources and approaches to solving this problem, evidence of the need for a comprehensive study of the existing scientific array to highlight bioethics has been obtained, and therefore biosafety, as an independent scientific direction in the context of modern legal biotechnology research and as part of the national security of the state. Scientific novelty. The scientific novelty of this study consists in conducting comprehensive comparative analysis of the process of formation of legal norms for the protection of human rights. These norms are contained in existing international agreements on the development of biotechnology, from the point of bioethics as a component of state biosafety. Thus, the practical sphere of implementation of the results of this study is a modern international lawmaking process that must adequately reflect the most important aspects of the application of modern biotechnology by the states of the international community. These important aspects must form the basis of the international biomedical law and the Code of Bioethics. Moreover, the authors make no claims a comprehensive analysis of the problem posed in their work, since many important aspects need further study.

scholarly journals International legal regulation of road transportation (features of the legal consciousness of legislators)

2018 ◽  
Vol 239 ◽  
pp. 03008
Author(s):  
R.B. Bryukhov ◽  
K.E. Kovalenko
Keyword(s):  
Legal Regulation ◽  
Public Law ◽  
The State ◽  
Natural Monopoly ◽  
Legal Consciousness ◽  
Private Law ◽  
International Agreement ◽  
Road Transportation ◽  
The Status

The contract of international carriage is a special type of foreign economic transactions. The specificity of this agreement is due to the peculiarities of transport as a natural monopoly of the state. The contract of international carriage includes public law (determination of the status of the transport environment) and private law (direct organization of the carriage itself) aspects. International carriage is the carriage of goods and passengers between two or more states in accordance with the terms of an international agreement concluded between them.

scholarly journals Legal Status of Collective Subjects of Scientific Work

2021 ◽  
pp. 5-10
Author(s):  
Anton Vasiliev ◽  
Dariusz Schopper ◽  
Yulia Pechatnova
Keyword(s):  
Legal Status ◽  
Scientific Work ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Legal Research ◽  
Legal Method ◽  
Scientific Organizations ◽  
Points Of View ◽  
Scientific Results

The article discusses the study of the legal status of collective subjects of scientific activity. The relevance of the research is predetermined by the importance of the qualitative organization of the work of collective subjects of scientific activity in order to achieve the most effective scientific results. The research methodology includes general methods of scientific research – systemic, logical, historical, as well as special methods, including comparative legal and formal legal. The formal legal method makes it possible to analyze the legal terminology on the research topic above. The method of comparative legal research allows us to compare different points of view and highlight the main problems of legal regulation of collective subjects of scientific law. The research includes three main stages: (1) – terminological analysis of the terminology used by the legislator; (2) – critical analysis of the legal definitions proposed by the legislator and the identification of the problems of legal regulation arising in this connection; (3) – comparison of controversial opinions and determination of ways to improve scientific legislation. The main problems identified are the uncertainty in the delimitation of the statuses of related collective subjects of scientific work, as well as the mixing of scientific and educational functions of these organizations. As a result of the study, the authors have come to the conclusion that it is necessary to improve legislation aimed at regulating the legal status of scientific organizations and other collective subjects of scientific law.

Elements of the special budget fund: the experience of Ukraine

2021 ◽  
pp. 82-89
Author(s):  
Kateryna Tokarieva
Keyword(s):  
Vertical Structure ◽  
Legal Regulation ◽  
The State ◽  
Main Body ◽  
Stage Of Development ◽  
Special Fund ◽  
The Subject ◽  
State And Local ◽  
Problem Setting ◽  
State Fund

Problem setting. The budget has a horizontal and a vertical structure. Yes, Art. 9 and 10 of the Budget Code of Ukraine stipulate that the relevant budget includes revenues and expenditures of the latter. According to Art. 13 of the same Code, the components of the budget are general and special funds, i.e. the legislator establishes the vertical structure of the budget (both state and local) [2, p. 49]. Analysis of recent research. The study of the vertical structure of the budget, components of its special fund at one time were the subject of research by such scientists as: V. Demyanyshyn, O. Dmytryk, N. Nechyporuk, V. Pihotsky and others. At the same time, at the present stage of development of budgetary legal relations in Ukraine, this issue remains out of the attention of scientists. Thus, the purpose of the article is to analyze the legal regulation of the elements of the special fund of the budget. Article’s main body. The article focuses on the consideration of the components of the special budget fund. It was emphasized that now more than ten funds are allocated as part of the special fund, which include such as: the State Road Fund, the State Fund for Radioactive Waste Management, the State Fund for the Development of Water Resources, etc. The analysis of the legal regulation of each of the above funds as components of a special fund budget. Conclusions and prospects for the development. Based on the analysis, we state that in the current conditions of development of budgetary and legal relations there is a need to make certain changes to the current budget legislation to improve its quality and unanimity of law enforcement. In particular, in the context of legal regulation of the components of the special fund of the budget it is necessary to: clearly define the procedure for selecting projects (areas) that will be financed from the relevant fund; apply measures of budgetary and legal influence for misuse of the fund, as one of the features of the elements of the special fund of the budget is the presence of a clearly defined purpose.

Problem aspects of mediation dispute resolution

2020 ◽  
pp. 215-233
Author(s):  
Saida Assanova ◽  
Serikkali Tynybekov ◽  
Arkhat Abikenov ◽  
Sarsengaly Aldashev ◽  
Gulyiya Mukaldyeva
Keyword(s):  
Dispute Resolution ◽  
Technical Progress ◽  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
Scientific Study ◽  
Foreign Countries ◽  
The Subject ◽  
Points Of View ◽  
The Republic

Legal features of dispute resolution in the order of mediation are of particular in-terest in connection with the relatively new and unexamined, from a scientific point of view, phenomenon of modernity, arising from increasing processes of globalization and internationalization of legal systems, as well as scientific and technical progress. This article is devoted to the scientific study of the international legal regulation of such phenomena as mediation on the example of the analysis of the legislation of foreign countries, and law of the Republic of Kazakhstan. This article presents various points of view of international and Kazakh scientists on the subject of dispute resolution in the mediation procedure. It was concluded that the mediation has a number of advantages, which satisfies the need of a person, society and the state to solve conflicts quickly and efficiently with minimal losses.

scholarly journals Financing of Preschool Education in Ukraine in 1919–1933: Historical and Legal, Historical and Economic Aspects

2021 ◽  
Vol 80 (1) ◽  
pp. 165-172
Author(s):  
С. О. Ткаченко ◽  
О. В. Головко
Keyword(s):  
Early Stage ◽  
Preschool Education ◽  
Legal Regulation ◽  
The State ◽  
Preschool Age ◽  
Educational Activity ◽  
Economic Aspects ◽  
Soviet Government ◽  
Public Preschool ◽  
State And Local

Historical and legal, historical and economic aspects of the process of formation and development of the system of public preschool education in Ukrainian SSR in 20s – early 30s of the XX century have been analyzed. It has been proved that the issue of preschool education with the victory of the Soviet government took its place in the general system of education’s development, which the Bolsheviks began to introduce first in the industrial regions in 1919, and then throughout Ukrainian SSR. The authors have the legal basis of the process of formation and development of the system of public preschool education in Soviet Ukraine in 1919–1933. The upbringing of children from the early age, according to the Program of the party and the decisions of the Soviet government, had to become the complete prerogative of public educational agencies. The main reasons for the rapid growth in the number of institutions of state and public education of children of preschool age have been analyzed. That process was caused by the economic devastation in Ukraine as a result of the First World and Civil Wars, which doomed more than one million children to starvation. State authorities were forced to make certain commitments to provide food and education for deprived children. There is a destruction of the old pre-revolutionary pedagogy, which considered preschool education only as a forced measure for working parents and orphans, by giving preference to family upbringing of children at an early stage of life. It has been proved that the system of legal regulation of financing of public preschool education in Ukrainian SSR at that time has passed three stages of development: – 1919–1922 – financing of preschool institutions was carried out in a centralized way by monthly allocations from the republican budget, as well as from the budget of central agencies; – 1923–1927 – financing of preschool institutions was transferred from the republican to local budgets; – 1928–1933 – attraction of state and local councils’ budgets, funds from trade unions, other institutions and enterprises, parental payment. There was the final consolidation of budgetary sources of maintenance of preschool education system in the legislation. There was the thesis that the legal consolidation of financing of preschool education in Ukraine should reflect the priority of public importance and state support of this field of educational activity from the standpoint of investing in the future of the state, forming the foundations of a harmonious personality as a prerequisite for successful secondary and later higher education. It has been emphasized that the financing of preschool education and its legal consolidation should be aimed at stimulating the work of educational and pedagogical staff, attracting highly qualified specialists to this field. Society and the state must realize that this category of professionals have the prerequisites for successful development, prosperity of future generations.

scholarly journals NOVELTIES OF RUSSIAN LAWS AIMED AT THE PROHIBITION OF ANONYMOUS ELECTRONIC WALLETS: FORECASTED ISSUES AND SOLUTIONS

Banking law ◽  
2020 ◽  
Vol 5 ◽  
pp. 69-74
Author(s):  
Ekaterina M. Vavilova ◽  
Keyword(s):  
Modern Science ◽  
State Level ◽  
Legal Regulation ◽  
Digital Economy ◽  
The State ◽  
Legal Issues ◽  
Electronic Money ◽  
High Quality ◽  
Urgent Task

With the development of the digital economy, the cashless payments sector is gaining more and more relevance. This is especially clearly defined in the strategically important documents of Russia identified in this study. In particular, special attention at the state level is given to the need to improve the quality of circulation of non-cash payments, especially using electronic money. In this regard, the urgent task of modern science is to develop high-quality legal regulation of individual legal issues in this area.

Active WV: A Systematic Approach to Developing a Physical Activity Plan for West Virginia

2014 ◽  
Vol 11 (3) ◽  
pp. 478-486 ◽  
Author(s):  
Eloise Elliott ◽  
Emily Jones ◽  
Sean Bulger
Keyword(s):  
Physical Activity ◽  
West Virginia ◽  
Systematic Approach ◽  
Physical Activity Promotion ◽  
The State ◽  
Lessons Learned ◽  
Strategic Direction ◽  
Activity Promotion ◽  
Implementation And Dissemination ◽  
State And Local

Background:Modeled after the National Physical Activity Plan (NPAP), ActiveWV 2015: The West Virginia Physical Activity Plan was developed to provide strategic direction for physical activity promotion within the state. The purpose of this manuscript is to describe the systematic approach taken in developing ActiveWV.Method:Plan development began with establishing capacity and leadership among key stakeholders representing all societal sectors. A multiphase, statewide decision-making process allowed for input across sectors and geographic regions. The process results identified five priority areas that served as the conceptual framework for ActiveWV. Sector teams, comprised of key organization stakeholders across the eight sectors, finalized the sector-specific strategies and tactics using the NPAP evidence-based recommendations, results from a formalized strategic process, and the teams’ expertise and experience.Results:ActiveWV was officially released on January 19, 2012 at the State Capitol in Charleston, West Virginia. Community events throughout the state surrounded the release and celebrated West Virginia Physical Activity Day. Ongoing implementation and dissemination efforts are underway at state and local levels.Conclusions:As the NPAP calls for states and communities to develop plans that meet the needs of their particular context, other states may find the lessons learned from West Virginia helpful in the development process.

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