scholarly journals Content Of The Concept Of Enforcement

2019 ◽  
pp. 145-158
Author(s):  
N.V. Kokhan
Keyword(s):  
Local Level ◽  
State Level ◽  
Legal Regulation ◽  
Social Functions ◽  
Public Authorities ◽  
Legal Norms ◽  
Legal Rules ◽  
Application Of Law ◽  
Individual Decisions ◽  
Regulatory Functions

That is, we can say that the implementation of legal norms is the embodiment of legal norms in the actual activity of enterprises, institutions, organizations, public authorities, officials and citizens. Classifying the concept of «implementation of the rules of law» by the method of implementation of legal orders, distinguish such forms of their implementation as the use, implementation, observance of direct (ordinary, ordinary) forms of law, ie, those that, first, pass any the process of implementation of the rules of law, and, secondly, that do not require outside intervention, is carried out solely through the own behavior of persons to whom the relevant legal prescriptions are addressed. The application of law has social and legal functions. Social, economic, political, socio-cultural, cultural and educational functions should be attributed to social functions. Legal and regulatory functions should be attributed to legal. Yes, the legal functions of the application of law take a specific form and are law securing or perform the function of individual legal regulation because they stem from the very nature of the application of law. Enforcement as a special form of management consists of a set of legal requirements, permits, enforcement acts that are aimed at exercising management through individual decisions, registration of decisions and the organization of implementation of relevant decisions. Thus, the regularization of legal relations is achieved not only through the automatic effect of legal rules, but also through the adoption of acts of enforcement. Summarizing all of the above, it should be noted that enforcement activities can take place both at the public-governmental level and at the private-legal level. That is, the subjects of the state-level government are: competent state bodies, their officials, as well as authorized by law local self-government bodies, public associations and their officials. The activities of such entities are aimed at establishing mechanisms, rights of guarantees and obligations by which citizens can exercise their rights provided by the Constitution of Ukraine. In terms of the private-law level of enforcement, it is derived from the previous one. The subject of this level is the employer or its authorized body or person empowered to issue ordinance, local level and employee.

scholarly journals Digital profile: the concept, regulatory mechanisms and enforcement problems

2022 ◽  
Vol 5 (4) ◽  
pp. 5-19
Author(s):  
E. V. Vinogradova ◽  
T. A. Polyakova ◽  
A. V. Minbaleev
Keyword(s):  
System Analysis ◽  
Comparative Method ◽  
State Level ◽  
Legal Regulation ◽  
Public Authorities ◽  
Legal Norms ◽  
Legal Nature ◽  
Other Information ◽  
State And Local ◽  
Legal Entities

The subject of the research is the legal nature of the digital profile of a citizen, as well as a set of legal norms regulating digital profiling relations in Russia.The comparative method, the method of system analysis, as well as the method of legal modeling are used in the article.The purpose of the article is to confirm or disprove the hypothesis that legal regulation is not the only mechanism for regulating relations in the field of digital profiling.The main results, scope of application. The article studies the phenomenon of digital profile, the main approaches to the digital profiling as well as the circumstances that have caused the state's interest in digital profiling. The creation and operation of a digital profile should be aimed at achieving the goal set out in the legislation. The digital profile is a set of relevant, reliable information about individuals and legal entities formed in the unified identification and authentication system or other information systems of state and local government authorities. The formation of a digital profile is carried out in order to provide data to authorities, legal entities and persons who have requested access to this information through the digital profile infrastructure. The analysis of the Russian legal regulation of relations in the field of digital profiling is presented, the problems of enforcement practice are identified. The analysis revealed the main differences between the digital profile and related categories, including social scoring, the unified population register and others. The comparison of a digital profile with a digital avatar and a digital character was carried out. It is extremely important to pay close attention to the problems of digital profiling both at the level of fundamental and applied scientific research. At the state level, it is important to strategically determine what a digital profile is, as well as formulate the main directions of the digital profiling development, challenges and risks. The importance of the development of digital profiling for unified system of public authorities in the Russian Federation is outlined.Conclusions. The analysis of the emerging practice of digital profiling in contemporary society shows that legal regulation does not always allow us to keep up with the rapidly developing relations in this area. The possibility of using other mechanisms should be considered. The use of mechanisms of regulatory experiments can also be considered as special mechanisms for regulating relations in the field of digital profiling. The goal of the research has been achieved, the legal nature of the digital profile has been revealed, approaches to regulating this phenomenon in the conditions of digital transformation have been proposed.

scholarly journals SYSTEM OF PRINCIPLES OF LEGAL REGULATION

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 89-97
Author(s):  
В. О. Журавель
Keyword(s):  
Rule Of Law ◽  
Social Protection ◽  
Legal Regulation ◽  
Judicial System ◽  
Public Authorities ◽  
Protection Measures ◽  
Application Of Law ◽  
Social Risks ◽  
Maximum Range ◽  
And Control

The relevance of the article is that the principles of legal regulation of social protection of employees of the judiciary will indicate the basic values that should unite the rules of law in this area. Establishing a system of principles will improve their interpretation and subsequent implementation, both by the judiciary itself and by officials of authorized public authorities. In addition, the disclosure of the content of the principles of legal regulation of social protection of employees of the judiciary will address a number of gaps in the legislation caused by inaccurate wording or lack of coordination between the rules of law of various legislative acts. It is emphasized that the principle of publicity and control of the legal regulation of social protection of employees of the judicial system is to ensure the legitimacy of receiving social protection and verification of the grounds for its receipt by employees of the judicial system. This principle guarantees the effectiveness and correctness of the application of all the above principles, as it prevents discrimination and abuse of rights, misuse of budget funds. It was found that the essence of the principle of differentiation for the legal regulation of social protection of judicial staff is the adaptation of law to the specifics of a particular position to ensure coverage of the maximum range of social risks and the establishment of appropriate social protection measures. The principle of differentiation should not create social inequality or artificial value for individual members of the judiciary. Thus, based on the study, it is possible to conclude that the principles of legal regulation of social protection of judicial staff are a single system that indicates the correct interpretation and application of law, as well as determines what legal ideas and values should be maintained or improved under time to reform the legislation. It is important that the principles of legal regulation of social protection of employees of the judiciary are enshrined not only within one article of the law, but are reproduced in every rule of law.

scholarly journals LOCATION OF ADMINISTRATIVE LEGAL RULES IN LEGAL REGULATION OF HUMAN PROVISION OF COURT AND EXPERT OFFICES OF UKRAINE

2019 ◽  
Vol 20 (2) ◽  
pp. 176-189
Author(s):  
S. Gasparian
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Professional Staff ◽  
Proper Selection ◽  
Legal Norms ◽  
Legal Principles ◽  
Legal Rules ◽  
Forensic Expertise ◽  
Qualified Personnel ◽  
Specialized Institutions

Proper selection and placement directly affect the effectiveness of forensic activities and are impossible without taking into account all factors related to their staffing, in particular, the administrative and legal framework of staffing. The key role in the process of forensics is played by state specialized institutions and expert services, which are required by law to carry out forensic activities. Legal regulation of staffing of judicial and expert institutions is carried out in accordance with the norms of international and European law, the Constitution of Ukraine, the codes of Ukraine, laws and by-laws. The administrative and legal principles of training of qualified personnel for carrying out forensic expert activity are analysed. It is noted that the Law of Ukraine «On Forensic Expertise» regulates the training of specialists for state specialized institutions conducting judicial examinations, is carried out by higher education institutions; specialization and advanced training are conducted at courses and special institutions of relevant ministries and other central executive bodies. The peculiarities of the training of forensic experts in the systems of the Ministry of Health of Ukraine and the Ministry of Internal Affairs of Ukraine are considered. Ministry of Justice of Ukraine. In addition to those conducted exclusively by state specialized institutions (namely, forensic, forensic and forensic psychiatrists), forensic examinations may also be involved in the forensic examinations, which are not employees of these institutions, and the conditions under which they may exercise such activity The place of administrative and legal norms in the legal regulation of CSCE staffing is characterized and it is noted that not only the progress but also the results of the reforms taking place in Ukraine depend on the proper selection and placement of the CSCE professional staff. It is stated that it is expedient to divide the above normative legal acts, which comprehensively regulate the staffing of judicial and expert institutions of Ukraine, by the scope of action (general, special).

Freedom of Information in the EU in the midst of Legal Rules, Jurisprudence and Ombudsprudence: the European Ombudsman as Developer of Norms of Good Administration

2017 ◽  
Vol 13 (04) ◽  
pp. 641-672
Author(s):  
Dacian Dragos ◽  
Bogdana Neamtu
Keyword(s):  
Good Governance ◽  
Policy Instrument ◽  
Freedom Of Information ◽  
Free Access ◽  
Access To Information ◽  
Legal Norms ◽  
Legal Rules ◽  
European Code ◽  
Individual Decisions ◽  
The Eu

European Ombudsman – Free access to information in the EU – Regulation No 1049/2001– Standard of assessment used by European Ombudsman – Legal norms versus norms of good administration and whether good administration can be understood outside legality – European Code of Good Administrative Behaviour and the rather ambiguous concept of maladministration – European Ombudsman as developer of norms of good administration in the area of free access to information – A rather limited role as developer of norms of good administration for the European Ombudsman in individual decisions – Role in ‘translating’ the case law into somewhat more accessible jargon and explaining how existing principles and norms of good governance apply to the circumstances of a specific case – Own inquiries as a policy instrument for advising EU institutions and agencies on how to deal with certain aspects pertaining to access to documents and transparency – Interesting interplay between European Ombudsman and the courts

scholarly journals SOCIAL AND CULTURAL SERVICES AS AN OBJECT OF LEGAL REGULATION

2017 ◽  
Vol 11 (4) ◽  
pp. 64-75 ◽  
Author(s):  
Сергей ИВЛЕВ ◽  
Sergej IVLEV
Keyword(s):  
Service Sector ◽  
Legal Regulation ◽  
Point Of View ◽  
Theoretical Problem ◽  
Management Tools ◽  
Cultural Services ◽  
Legal Norms ◽  
Broad Interpretation ◽  
Regulatory Functions ◽  
Two Sides

The article studies theoretically undeveloped issues of legal regulation in the sphere of social and cultural services. This service sector is not the subject of a comprehensive scientific study from a legal point of view. For today there is no unified understanding the concept of "socio-cultural services". Their broad interpretation predominates. The article attempts to introduce certainty into some aspects of this problem. The solution of this theoretical problem has applied significance for the purposes of legal regulation of service activities. For the productive performance of regulatory functions, stakeholders must understand the specifics of the regulatory object and the means for solving problems. It is necessary to take into account the active impact of management tools on the content, form, and structure of the regulatory object when studying management activities. In this case, regulating tools mean legal norms structured in legal institutions and branches of law. The article considers social and cultural services as an object of legal regulation from two sides: the concept of "socio-cultural services" and specific of means for implementing the regulation.

scholarly journals INVENTORY OF STOCK LAND OF UKRAINE IN THE SYSTEM OF ADMINISTRATIVE PROCEDURES

2020 ◽  
Keyword(s):  
Land Use ◽  
Public Administration ◽  
Public Management ◽  
Legal Regulation ◽  
The State ◽  
Public Authorities ◽  
Legal Norms ◽  
Administrative Procedure ◽  
Administrative Procedures ◽  
Perspective Planning

The article is devoted to the analysis of the concept of "administrative procedure" in the mechanism of public management of the land use and protection of the reserve land of Ukraine and the concept of "inventory of reserve land" and its place in the system of administrative procedures. It is determined that one of the promising directions for ensuring the efficiency of the implementation of the system of administrative procedures in the field of natural resources is to intensify the implementation of the state inventory of the reserve lands, the priority use of which is determined by the need to solve strategic complex problems of the development of the Ukrainian state. The purpose of this study is to elucidate the problems of legal regulation of the administrative procedure of the state inventory of lands of the reserve of Ukraine. It is determined that among the features of the administrative procedure in the mechanism of public management in the field of land use and protection are the following: they are related to the activities of public administration bodies; regulated by administrative and legal norms; ensure the consistency of actions that the subject of these relationships must take; their purpose is to ensure the exercise of the rights or obligations of a particular legal entity; applied to resolve a specific issue; entities are public authorities, local self-government bodies and their officials and officials natural and legal persons; entails the onset of external consequences; are completed by the adoption of the relevant administrative act, which is binding. The author investigates organizational and legal prerequisites for land inventory. It is concluded that the administrative procedure of the state inventory of the land of the reserve is the activity of public administration bodies, regulated by administrative norms, which provides for the collection and analysis of the information about the object of inventory and their entry in the State Land Cadastre of Ukraine in order to facilitate the effective use of the state land fund and sale interest. In the course of the conducted research it is determined that the state inventory of the land fund of Ukraine will allow to prevent violations of the land legislation and to ensure effective management of land resources, to carry out perspective planning of their use.

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 Modern genesis of administrative and legal regulation of the security sector of Ukraine: decentralizationof power and international experience

2021 ◽  
pp. 67-74
Author(s):  
Nelli Tsybulnyk
Keyword(s):  
National Security ◽  
Local Governments ◽  
Armed Forces ◽  
Legal Regulation ◽  
Main Body ◽  
Public Authorities ◽  
National Interests ◽  
Security Sector ◽  
Legal Norms ◽  
The Law

Problem setting. The issue of legal regulation of the security sector in Ukraine is one of the most pressing problems of the state. Launched in 2014, the process of decentralization has strengthened the motivation for inter-municipal consolidation in the country and still creates appropriate conditions and mechanisms, including legal, for the formation of capable territorial communities which, uniting all their efforts, will be able to solve specific pressing problems. The purpose of the research is to identify the features of administrative and legal regulation of relations in the security sector in the context of decentralization of state power to identify ways to further improve their legislation, based on the analysis of the provisions of domestic regulations Analysis of resent researches and publications. An important contribution to the study of regulatory and legal support of the security sector of Ukraine, the development of its qualitatively new model, the peculiarities of its implementation and provision were made by such scientists as Bodruk O., Duchyminska L., Ezheev M., Kolb O., Ponomarev S. and others. Article`s main body. During the development of Ukrainian statehood, the Verkhovna Rada of Ukraine began to adopt regulations aimed at regulating public relations in the field of state defense, in particular the Law of Ukraine № 19911934-XII «On the Armed Forces of Ukraine» and № 1932- XII «On the Defense of Ukraine». Later (March 25, 1992) in order to resolve legal and functional issues in the field of state security, the Law of Ukraine № 2229-XII – «On the Security Service of Ukraine» was adopted. Twelve years have passed since the proclamation of Ukraine's independence until the adoption of a single legal act that regulated the issue of national security. Administrative and legal regulation of the security sector can be defined as regulated by administrative and legal norms of the system of public authorities, which by the laws of Ukraine in order to ensure the national security of Ukraine is entrusted with the function of protecting the national interests of Ukraine from threats. Conclusions. Thus, administrative and legal regulation of the security sector is regulated by administrative and legal norms of the system of public authorities and local governments, which are responsible for the protection of national interests of Ukraine from threats, in order to ensure national security of Ukraine. The analysis of administrative and legal regulation of the security sector of Ukraine gives grounds to believe that this area significantly needs further improvement and some changes. The domestic regulatory framework governing national security and defense needs to eliminate conflicts and significantly clarify the categorical apparatus.

scholarly journals The role of specialized rules of law in the mechanism of administrative and legal regulation of human rights of the fourth generation

2021 ◽  
pp. 209-213
Author(s):  
S.O. Boldizhar
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Medical Care ◽  
Legal Regulation ◽  
Fourth Generation ◽  
Public Authorities ◽  
Legal Norms ◽  
Characteristic Features ◽  
High Level

he article is devoted to the study of the role of specialized legal norms in the mechanism of administrative and legal regulation of human rights of the fourth generation. The study of specialized rules of law in the context of fourth-generation human rights is not given much attention. It is determined that specialized legal norms in the mechanism of administrative and legal regulation of human rights of the fourth generation occupy a prominent place, because due to their existence reflect its basic elements (principles, tasks, principles), which are fundamental in determining the vectors of administrative and legal regulation of human rights. generation. Among such norms, norms-principles, norms-tasks, norms-principles, conflict norms, operational norms, norms-definitions, norms-terms and norms-presumptions were singled out. It is emphasized that the norms-principles determine the provisions on state priorities, among which one of the main roles is played by health care. Based on this, the state should take the necessary means to maintain a high level of health and improve medical care using special methods. Norms-tasks are aimed at defining specific tasks for public authorities in the field of human rights of the fourth generation. The guidelines define the content and basic principles of legal regulation for the entire health care system during the organization and provision of medical care using special methods. Norms-principles can be narrower when we specify the relevant human rights of the fourth generation. It is emphasized that the conflict rules in this area determine the choice to be made in case of competition of legal norms, and operational rules of law determine the order of validity of other rules until the entry into force of other rules. Emphasis is placed on the fact that among the system-simplifying norms of law in the studied area there are norms-definitions, norms-terms and norms-presumptions. Norms-definitions define basic concepts that are logical and contain the characteristic features of the concept. Deadlines are aimed at defining and calculating deadlines. In the context of transplantation of anatomical materials, presumptive norms play an important role, which determine the assumptions about the consent or disagreement of a person to remove anatomical materials from him after his death for the purposes of transplantation.

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.

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