Social and Legal Norms Ensuring the Child’s Right to Live and be Brought up in a Family

2020 ◽  
Vol 10 (2) ◽  
pp. 674
Author(s):  
Evgenia Sergeevna SAGALAEVA ◽  
Svetlana Nikolaevna IVAHNENKO ◽  
Olga Viktorovna LANDINA

The research is concerned with the analysis of social relations emerging in connection with the identification and arrangement of orphans and children left without parental care. The dynamics of regional statistical data as of 2016 and 2017 on the number of children left without parental care, the ratio of the reasons for the loss of parental care, the data on the forms of organization of such children, and the quantitative indicators of the arrangement in the substitute family of adoptive parents (including foreign), guardians, adoptive parents, or in a specialized institution are considered. The compliance of Russian legislation with international law in ensuring the protection of children deprived of parental care is assessed. The directions of the Russian state policy reflected in the relevant programs and strategies are analyzed. The scientific novelty of the work is manifested in the attempt to justify on the basis of the study of statistical indicators the relationship of social attitudes adopted in Russian society with the most constructive solution to the problem of orphanhood, including through legal regulation of relevant relations, and the need to provide not only financial but also other assistance to families.  

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.


2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov

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.


Author(s):  
Ekaterina Yu. Arkhipova ◽  

Introduction. In modern Russian society with high rates of development of market relations, digitalization of the main spheres of life, popularization of the ideas of self-organization and self-regulation, legal uncertainty acts as a bipolar phenomenon, which is not only a consequence of law-making errors, but an effective technical and legal way of presenting regulations. Theoretical analysis. The historical analysis of the formation and development of ideas of certainty and uncertainty in jurisprudence showed that these categories are considered as universal phenomena characteristic of any matter. It was established that absolute certainty is unattainable and not always in demand, while legal uncertainty is inherent in the very nature of law. Еmpirical analysis. It was revealed that the need to ensure mobility and flexibility of legal regulation imposes the task of a reasonable use of legal uncertainty as a technical and legal way of presenting law on the law-making subject, which is reflected in the current legislation. Results. Legal uncertainty is an objective and inevitable phenomenon, and the total regulation of social relations is not always justified. The law is being improved on the basis of the principle of transition from the casuistic to the abstract, which proves its universality.


Author(s):  
Konstantin Evgenevich Shilekhin

The goal of this article lies in studying the problems of administration of law in the course of brining taxpayers to tax liability and formulation of recommendations of their elimination. The object of this research is the social relations characterizing tax liability and procedural order in this regard. The subject is the legal norms establishing liability for tax violations, as well as regulation the activity of tax and judicial bodies pertinent to application of the fiscal legislation of the Russian Federation. Research methodology is based on the dialectical method of cognition of social reality. For collection, processing, generalization, analysis and interpretation of empirical material, the author uses the methods of induction and deduction, statistical analysis and document analysis. The conclusion is made on the weakness of normative legal regulation of separate procedures of legal investigation on tax violation in terms of the Article 101 of the Taxation Code of the Russian Federation. The author suggest making a number of amendments to the fiscal legislation to improve the mechanism of holding the taxpayers liable.


2018 ◽  
pp. 20-29
Author(s):  
Volodymyr Pashynskyi

The article deals with modern scientific approaches to the definition and understanding of the structure of administrative-legal support for state defense. The elements of the structure of the administrative-legal support of the state defense are explored. Under the administrative-legal support of the state should be understood as regulated by administrative-legal norms, the systemic activity of the subjects of defense, in the first place, the activities of the subjects of public administration, with regard to the administrative- legal regulation, implementation, protection of social relations in the sphere of defense, guaranteeing the rights and legitimate interests of all subjects of legal relations, aimed at creating the necessary conditions for the defense of the state in the event of armed aggression. At the same time, the structure of the administrative-legal support for the defense of the state will consist of the following elements: 1) the object of administrative-legal support of the state defense – social relations in the field of defense that penetrate practically all spheres of public life; 2) subjects of administrative-legal support for state defense – subjects of administrative legal relations are endowed with rights and duties in the field of defense; 3) norms of law (norms of administrative law) – administrative-legal norms which regulate public relations in the field of state defense; 4) administrative-legal relations in the field of state defense – legal relationships settled by administrative and legal regulations that arise, develop, and cease between the subjects of defense in the process of exercising powers in the field of state defense; 5) guarantees of administrative-legal support of state defense – conditions, means, methods, forms and methods by which the implementation of public relations in the field of state defense is provided. The administrative-legal support of the state defense will be carried out by authorized security entity within the limits of authority and administrative and legal means determined by the norms of administrative law.


Author(s):  
V. Shulhin ◽  

The article analyzes organizational and legal (theoretical and legal, organizational and technical), comparative and applied and terminological and conceptual aspects of codification of legislation in the field of defense of Ukraine, which has important theoretical, legal, practical and applied significance for the effective operation of national defense forces. Security and defense in a special period of conducting a joint operation and on the way to the Euro-Atlantic integration of our country, interoperability with the armed forces of NATO member states are also within the focus of the paper. In order to determine the system-scientific approach to the implementation of this national-strategic task, the subject of which is the regulation of military-legal social relations in the field of defense forces of the security and defense sector of Ukraine, an attempt was made to explore organizational and legal, defense-institutional national features and capabilities, quality and degree of readiness of separate acts (legal norms) of the current legislation in the field of defense to their codification. The legal nature of codification of legislation is established and substantiated; its general and special concept is clarified taking into account existing problems and features of modern process of defense normative-legal regulation, military law enforcement, improvement of nationaldefense and military-legal relations; proposals for process algorithms codification of legislation in the field of defense of Ukraine are formulated.


2021 ◽  
Vol 97 (4) ◽  
pp. 118-127
Author(s):  
M. A. Cherevko ◽  

The article is devoted to the issues related to the study of problems of orphans and children left without parental care in the context of a pandemic (COVID-19). Analysis of the existing situation in this problem field testifies to the exacerbation of traditional contradictions, on the one hand, and the emergence of completely new ones, complicating the difficult situation with this category of the population, on the other. The article analyzes the problems faced by graduates of orphanages, generated by the conditions of the pandemic and aspects of social policy in this direction (problems of social adaptation in society, violation of the basic rights of graduates, problems of legal nihilism, the lack of a fundamental federal and regional legal framework on this issue, the lack of technical capabilities of graduates in receiving remote social support). The article highlights the need to develop mechanisms for interdepartmental interaction for post-boarding support on the territory of the Khabarovsk territory. The empirical data obtained as a result of the conducted expert survey actualizes the need for a radical change in the vector of solving problems in relation to graduates of orphanages and social support for this category of persons in the short term. The revealed contradictions in legal regulation indicate the absence of unified approach to the concept of post-boarding support as a type of social support. It was found that the organization of post-boarding support belongs to the powers of the constituent entities of the Russian Federation, which, in turn, differently carry out the legal regulation of social relations in the field of post-boarding support of orphans. The article draws the main conclusions and proposals for improving the activities of subjects on post-boarding support for orphans and children left without parental care.


2021 ◽  
pp. 252-256
Author(s):  
T. I. Tarakchonych

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


2021 ◽  
Vol 7 (2) ◽  
pp. 219-223
Author(s):  
Vyacheslav Tylchyk ◽  
Viktor Leschynsky

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.


2021 ◽  
Vol 108 ◽  
pp. 01007
Author(s):  
Anna Konstantinovna Sheremetyeva ◽  
Zoya Fedorovna Sofrina ◽  
Artem Aleksandrovich Gamaley ◽  
Natalia Nikolaevna Novopashina

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.


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