scholarly journals Constitutional and Legal Regulation of the Competence of Public Authorities in the Sphere of Interethnic Relations: Current State and Ways of Development

2021 ◽  
Vol 8 (12) ◽  
pp. 1-1
Author(s):  
V. Pavlovskiy
Author(s):  
D. V. Klimova

The Republic of Crimea is a unique and strategically important region of the Russian Federation in the Azov-Black Sea region. The unique historical path of development of the territory, the multinational and multiconfessional composition of the population, and cultural diversity determined the special place of the Republic of Crimea in the cultural space of Russia. At the present stage of development, state national policy aimed at harmonizing interethnic relations and resolving interethnic conflicts is actively pursued. No doubt, constant replenishment of scientific knowledge about the current state of interethnic relations and trends in their changes is required. Nowadays, federal executive bodies are involved in the implementation of measures in the field of state national policy; civil society institutions take an active part. Significant funds are spent on coordinating their joint activities in the field of national policy, and the visible result is, unfortunately, not always achieved, since there is no single center of interaction, and ethno-confessional factors are not always taken into account in their work. The article is devoted to the implementation of state national policy in the territory of the Republic of Crimea, the peculiarities of its legal regulation, measures to ensure state unity and harmonization of the sphere of interethnic relations in the territory of the Republic of Crimea are also analyzed.


Author(s):  
О. Б. Ганьба

The article analyzes the approaches of various scholars to determine the effectiveness of legal regulation and its mechanism as general theoretical categories and manifestations of their effectiveness in the field of border security of Ukraine.The author points out that most scientists limit their coverage to the effectiveness of legal regulation as a whole, bypassing the problem of the effectiveness of its mechanism. Attention is also drawn to the fact that some researchers in their scientific works generally ignore the coverage of both the effectiveness of legal regulation and the effectiveness of its mechanism.The paper proposes factors to determine the effectiveness of legal regulation and its mechanism by various scholars. At the same time, the factors that reduce such efficiency are listed. Among them, the author calls, first of all, the following: backlog of rulemaking from new challenges and threats that take place in the field of Ukrainian border security; the complexity and multifaceted application of the rules of law in the field; the state of legal consciousness and legal culture of the subjects of right-wing activity, as well as the current state of economic, political and law-enforcement development of society and the state as a whole; quality of staffing of the legal and regulatory activity of public authorities, etc.It is argued that the categories of “regulatory effectiveness” and “regulatory mechanism effectiveness” are not identical, and the author proposes five positions to delineate the investigated efficiencies.Finally, the paper emphasizes that proving the lack of an identity between the effectiveness of legal regulation and the effectiveness of the regulatory mechanism will allow the further use of these valuation concepts as different, though closely related.


2019 ◽  
Vol 9 (5) ◽  
pp. 1754
Author(s):  
Andrey POMAZANSKIY ◽  
Viacheslav SEVALNEV

The article is devoted to the constitutional legal regulation of local self-government. The dynamics of the realization of the constitutional principles of local self-government are researched. It is outlined that the current state of legal regulation is far from the constitutional principles devoted to the local self-government. The vivid example of such regulation is the latest amendments to the Federal Law of October 6, 2003 №131-FZ ‘On General Principles of Organization of Local Self-Government in the Russian Federation’. These legislative novelties lead to phasedown of the democratic basis of local self-government. This approach shouldn’t be admitted. Its further spread to all spheres of local activities will result in the estrangement of local communities from the public authorities and officials. In this sense, the piecemeal replacement of democratic procedures in the course of formation of local authorities by the administrative ones fails to meet the legal nature of local self-government. Special attention is given to the determination the balance between representative and participatory democracy at the local level. The nature and features of local self-government are assumed the use of various organizational forms of execution of local power as well as the system of its legal regulation. Also the determination of the prospects for the extension of participatory democracy at the local level is presented.


World Science ◽  
2020 ◽  
Vol 1 (6(58)) ◽  
pp. 43-50
Author(s):  
Bondar Volodymyr Nalkovych

The article analyzes the structure of the land fund, the distribution of Ukraine's forest area by predominant tree species, and states that the division of land by categories is a dynamic process, whenever in the course of economic activity on land there may be a need to change its purpose. Determining and changing the ownership of a land plot to a certain category of land is the prerogative of public authorities - state and local self-government, which are endowed with such powers. The analysis of forest cover in Ukraine in terms of natural zones and structure of land for forestry purposes in Ukraine, where from the total area of forestry lands and forests on other categories of lands is 10.8 million hectares, of which 9.7 million hectares are covered with forest vegetation. The analysis of the given data testifies to an uneven arrangement of the specified category of lands of the territory of Ukraine. In particular, they are concentrated mainly in Polissya and the Ukrainian Carpathians.The stages of legal regulation and use of forest lands are proposed. Regarding the solution of these two problems lies in the plane of decision-making on land use, establishing a socially optimal purpose of land, compliance with land legislation, promoting reforestation and afforestation; stimulating the preservation and increase of forest land productivity, which requires the use of levers of influence on land and forest users; irrational use of forest lands, which leads to loss of potential benefits of the landowner.


2021 ◽  
pp. 11-22
Author(s):  
Galina Andreeva ◽  

This review summarizes the statements of Russian scientists about the current state of scientific development of issues of legal regulation of AI, the complexities of the problems facing scientists and the assessment of the proposed ways to solve them in the most important aspects of legal regulation of AI.


2020 ◽  
Vol 1 ◽  
pp. 16-23
Author(s):  
V. V. Cheremukhin ◽  

Construction, as a sphere of the national economy, has impressive statistical indicators, determining the importance and relevance of its proper legal regulation, especially in terms of land use for relevant purposes. This article discusses the current situation in the sphere of provision of land plots for construction purposes, further alteration and termination of the relevant lease relations; provides a detailed analysis of the current legislation, law enforcement and judicial practice in such sphere. The purpose of the article is to analyze and summarize legislation judicial and law enforcement practice in this area, as well as the development of specific directions for a comprehensive dissertation research, proposals for improving the legislation regulating these relations. This goal is achieved by solving tasks such as studying of the existing legal regulation of disputed legal relations, law enforcement and judicial practice, identification of problematic and conflict-of-laws issues in the field under consideration, review of the degree of scientific development of the research topic, determination of trends in the development of this sphere of legal relations, development of specific proposals for changing legislation and law enforcement practice. General scientific (synthesis, system analysis, analogy) and special (formal-legal, comparative-legal) methods are used to solve the above problems. Based on the results of consideration of these issues, the author formulates the main problems of the legal relations under consideration, an assessment of the current degree of scientific development of this field is given, the main directions of the planned scientific research are also outlined, proposals are formulated to improve legislation and law enforcement practice.


Author(s):  
Viktoriia Davydova ◽  

Delegation of authority itself, as an element of the system of relations in the sphere of local self-government, is one of the most difficult, since the completeness of the competences of local self-government bodies and their resource provision occupy a central place in the scientific discourse on this issue. The legal and organizational support of delegation is also unstable today from the point of view of the completeness of the mechanisms of administrative and legal regulation of this direction of the implementation of the right to self- government by communities. In the context of the administrative reform, the consolidation of administrative-territorial units, the stimulation of the creation of united territorial communities, the question of finding the most optimal model for organizing delegation, as a process of redistribution of powers, acquires particular relevance and importance. The aim of the research is to study the formation of legal regulation of delegation of powers in the system of local self- government in Ukraine. The article defines the content of legal regulation, which is characterized by such elements as form, subject and methods. Review that the forms of legal regulation are normative legal acts adopted according to the procedures by authorized public authorities, the subject of regulation of which is the process of delegation of powers in the local self-government system. The author revealed that the idea of local self-government, provides for the decentralization of power, organizational and financial autonomy of self- government bodies, contradicted the doctrine of the socialist state, as well as the task of the state of the proletarian dictatorship, was centralized by nature. It has been substantiated that the adoption of the Law of Ukraine dated May 21, 1997 No. 280/97-ВР "On local self-government in Ukraine" became a decisive step towards creating a system of local self-government in Ukraine, effective organizational and legal support for the delegation of powers in the local self- government system. By means of retrospective analysis, it was determined that the idea of local self-government, provides for the decentralization of power, organizational and financial autonomy of self-government bodies, contradicted the doctrine of the socialist state, as well as the task of the state of the proletarian dictatorship, was centralized by nature.


2021 ◽  
Author(s):  
Fatima Comartova ◽  
Andrey Pomazanskiy ◽  
Elena Nikitina ◽  
Saria Nanba ◽  
Timur Mel'nik ◽  
...  

The rapid development of modern biomedicine creates both hopes for solving global problems of humanity, and risks associated with the enormous potential of its impact on human nature. In this regard, the processes of development and application of biomedical technologies need timely and adequate legal regulation that defines the boundaries of biotechnological intervention in human life. This publication is devoted to the theoretical development of general legal approaches to the essence, content, social orientation and the main industry features of the regulation of relations in the field of biomedicine, which would allow to form a special legal regulation in this area. For researchers, teachers, postgraduates, students, practicing lawyers, employees of public authorities.


Author(s):  
Г. М. Нечаєва

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.


Author(s):  
D. Kondratenko

Problem setting. The article analyzes the issue of legal relations in the field of land accounting. The legal nature of public relations in this area has been clarified. The accounting of the quantity and quality of land is investigated. The author’s definition of legal relations in the field of land accounting is provided. The circle of subjects of these legal relations is outlined. Analysis of recent researches and publications. To date, in the scientific literature there is no comprehensive study of the legal regulation of legal relations in the field of land accounting. There are only developments devoted to certain issues of land law science. Target of research. The study of the legal regulation of legal relations arising in the field of land accounting, the allocation of subjects of these legal relations. Article’s main body Justification of the appropriateness of obtaining, systematizing all the resources available on the land plot, determining the size, quality status and distribution of the land fund, providing the necessary data about the land, studying the legal relations arising on this occasion. The basis of the land registration and registration system in Ukraine is the State Land Cadastre. It reflects the subjective information on land, which accumulates as a result of land accounting. Such information is necessary primarily for the implementation of state control over the use, reproduction and protection of land. Only a legally regulated and wellmaintained process of conducting accounting and registration activities in the field of land relations can become the key to the introduction and functioning of a transparent mechanism for the circulation of land in market conditions and an effective mechanism for managing them. In this aspect, it is important to note that it is necessary to distinguish land accounting in the proper sense and land rights accounting (as a broader category compared to the first). In the context of the land registration reform and the further process of improving the State Land Cadastre, it is necessary to talk about the formation of land information relations. Conclusions and prospects for the development. Land accounting relationships are public relations that arise in connection with the activities of public authorities and local governments, which are endowed with appropriate powers to take measures to obtain, systematize and analyze information on the quantity, territorial location and use of land. The subjects of these legal relationships are landowners and land users, the state, state authorities and local selfgovernments, who are vested with the respective powers.


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