scholarly journals The Standard Charter of a Municipality As a Means of Legal Technique

Legal Concept ◽  
2021 ◽  
pp. 94-99
Author(s):  
Irina Kareva ◽  
Keyword(s):  
Separation Of Powers ◽  
Legal Regulation ◽  
Scientific Discussion ◽  
Smart Regulation ◽  
Municipal Law ◽  
Standard Documents ◽  
Legal Technology ◽  
Legal Mechanism ◽  
Law Making

Introduction: the constitutional changes open a new round of scientific discussion about the place of municipal power in the system of separation of powers. Municipalities are experiencing a shortage of resources. Despite this, they are responsible for the development and adoption of statutes. The work is based on the hypothesis that the use of standard charters allows for more efficient use of the resources of municipalities and the improvement of the quality of the legal text. Purpose: to determine the possibility and necessity of using standard charters of municipalities. Tasks: to establish a link between the resources of a municipality and the effectiveness of its lawmaking; to analyze the examples of standard charters of municipalities; to predict the effect of the application of standard charters; to develop a roadmap for the implementation of standard charters. Methods: analysis, comparative law, predictive, statistical. Results: law-making is very burdensome for small municipalities, and the existing easing is insufficient. In foreign legislation, Russian and foreign practice, standard charters are used to save the resources of municipalities. The mechanism of standard charters has signs of smart regulation. There are two types of standard documents: template documents and model documents (actually standard documents). Conclusions: a comparison of the resources of the municipality with the scope of its rights and obligations revealed an imbalance in the legal regulation of municipal law-making. The model charters of municipalities allow us to solve this problem to some extent. We have proposed concrete steps for the legislative implementation of the legal mechanism of model charters in the digital economy. The analysis of the results of this project may confirm or refute the nature of the model statutes as a manifestation of smart regulation. In the course of the research, the author concluded that the topic of standard documents is not sufficiently studied in the science of legal technology. To eliminate this gap, it is necessary to define the concept and features of standard documents, their place among the tools of legal technology. The study of model documents is particularly important in the light of the upcoming spread of machinereadable law.

scholarly journals The Subject of the Migration Process as the Main Component of the Administrative and Legal Mechanism of Migration

2020 ◽  
pp. 274-285
Author(s):  
Iryna STOROZHUK
Keyword(s):  
Public Management ◽  
Separation Of Powers ◽  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Migration Process ◽  
Public Authorities ◽  
The Subject ◽  
Main Component ◽  
Legal Mechanism

One of the conditions for building the rule of law is to improve public management of migration processes in accordance with international standards. Migration is an integral part of any state. Migration processes can be affected by economic, political, social, demographic factors, environmental or man-made disasters. Not the least role in migration processes is played by military conflicts or religious or racial persecution. Migration is the movement of a person to change his or her place of residence or stay, involving the crossing of a state border or the boundaries of administrative-territorial units. The administrative and legal mechanism of migration covers the main elements of the migration process. The main one is the subject. Migrant as the subject is a person through whom migration relations arise. The system of public authorities is treated as a subject of regulation of migration processes on behalf of the state. It is the interaction of the subjects that makes migration relations real. The subjects of migration processes are: public authorities and administration, which are endowed with certain powers in the field of migration management. Individuals who have crossed administrative borders or changed their place of permanent residence can be citizens of Ukraine, citizens of foreign countries, stateless persons, refugees, internally displaced persons. Non-governmental organizations that do not have direct authority to manage migration processes and can have a direct impact on the integration of migrants into the new social environment. The ratio of executive, legislative and judicial power in the system of legal regulation of migration in Ukraine shows that the indispensable attribute of the state-power mechanism, built on the principles of separation of powers, is the executive power. It creates conditions for the implementation of the preventive function of the legislature, initiates changes in the current migration legislation; implements its own executive and administrative functions; supports the exercise of judicial functions by the judiciary and itself acts as an object of judicial influence. The analysis shows that geopolitical migration processes contribute to the expansion of the subjects of migration processes, and that one of the current problems of the modern system of administrative and legal regulation of migration processes is the need to reconcile the interests of the state, its citizens and migrants.

scholarly journals Legal and Technical Defects of Constitutional Amendments of 2020

2021 ◽  
Vol 16 (12) ◽  
pp. 24-34
Author(s):  
V. S. Goleshchikhin
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Amendments ◽  
Legal Norms ◽  
Basic Law ◽  
Long Time ◽  
The Russian Federation ◽  
Natural Result ◽  
Legal Technology

The quality of legal and technical elaboration of amendments to the Constitution of the Russian Federation, approved by the all-Russian vote on July 1, 2020, does not correspond to the level of the Basic Law. Oddly enough, the constitutional legislator ignored a number of basic technical means, rules and methods of legal technique. Thus, the constitutional amendments were drafted without taking into account the requirements of the structural organization of the legal act, namely: many new norms were included in inappropriate articles, the transitional provision on "resetting the deadlines" was duplicated in the main text of the Constitution. The authors of the amendments abandoned criteria of efficiency and compactness of legislative norms, having included an identical set of restrictions in nine articles of the Constitution in relation to various categories of officials. The text does not meet the requirement for uniformity of legal regulation, legal structures, the unity, simplicity and brevity of terminology: the scope of constitutional restrictions for various categories of officials differs somewhat without any objective reasons; there is no uniformity in the issue of the possibility of establishing additional requirements for officials by laws, “bifurcation” of the titles for senators (who in Chapter 9 of the Constitution are still referred to as members of the Federation Council). Insufficient attention to the requirement of consistency of legal norms has led to the creation of a new contradiction between Art. 71 and 72 of the Constitution of the Russian Federation. Amendments also have a number of other legal and technical defects. Such serious and numerous defects in the legal technique of amendments to the Constitution of the Russian Federation became a natural result of a steady decline in the quality of federal legislation that has lasted for a long time. Constitutional amendments clearly demonstrate an insufficient level of legal culture in our country, which sharply raises the question of a radical improvement in the quality of legal technology, and legislative technology in particular.

Prospects for the development of law-formation in Ukraine through the prism of the application of the prognostic method of research

2021 ◽  
pp. 29-36
Author(s):  
Taras Didych
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Temporal Properties ◽  
Qualitative State ◽  
The Law ◽  
The One ◽  
Cognitive Perspectives ◽  
Law Making

The author analyzes doctrinal approaches to characterizing the prospects for the development of law-formation in Ukraine. The methodological inadequacy of ensuring the study of the prospects of development of legal phenomena, including lawmaking, is noted. It is noted that law-formation as a socio-legal phenomenon is due to various factors of its development, is influenced by the peculiarities of society as a sphere of its existence, and the state as a central subject of law-making. This conditionality of the process of law formation characterizes such dialectical regularities as the presence of prospects for development and the ability to improve legally significant activities, including activities in the field of law enforcement. Prospects for the development of law-formation as its integral property, reflects the relevant qualitative changes in the process and content of the law-formation, occurring within the temporal boundaries and characterize the law-formation as a phenomenon that has the dynamics of its development. These characteristics of the law-formation are most thoroughly and comprehensively disclosed in terms of prognostic method of scientific research, because, on the one hand, based on temporal properties and due to relations between subjects, changes in their content that form the basis of law, and on the other hand, they are manifested at the level of legal institutions (the process of law-formation, norms of law, legal regulation, the subjective composition of law-making, etc.). In this regard, the issue of prospects for the development of lawmaking and ways to improve it in terms of improving the process of law formation, identification and consideration of objective laws of its development, improving the quality of law, the quality of its expression, the effectiveness of public relations is important. scientific rethinking in order to develop scientific knowledge about the prospects of law, ways to improve both the process of its formation and improve the quality of law itself. Based on the analysis of scholars' views on the problem of studying law-formation in modern conditions of development of Ukrainian society, the cognitive perspectives of application of the prognostic method of studying law-making in Ukraine are established. Prospects for the development and ways to improve law-formation as independent theoretical and legal aspects of knowledge of law education require the isolation and further application of the prognostic method of research, which is potentially able to: first, to reveal lawmaking through the prism of its development; secondly, to reveal in the most comprehensive way the objective and subjective aspects that determine the future qualitative state of the law-formation, to determine the ways of influencing the formation of law to increase its level; thirdly, to structure the development of law-formation in separate directions.

scholarly journals Factors for Establishing the Limits of Legal Regulation

Legal Concept ◽  
2021 ◽  
pp. 18-23
Author(s):  
Ekaterina Zaitseva ◽  
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Necessary Condition ◽  
Modern State ◽  
Physiological Factors ◽  
Scientific Methods ◽  
Social Nature ◽  
Smart Regulation ◽  
The Law ◽  
Law Making

Introduction: the knowledge of the legal regulation sphere and its limits is impossible without the analysis of the factors under the influence of which it is formed. Despite the obvious significance, the factors of establishing the limits of legal regulation did not become an independent subject of research but were only indirectly affected in the context of the analysis of the legal education factors. Meanwhile, these factors are of independent importance and need additional reflection. Their identification and clarification contribute to the introduction of the concept of “smart regulation” in the law-making policy of the modern state. Purpose: to identify the factors of setting the limits of legal regulation. Methods: the methodological framework for the study was made up of the general scientific and specific scientific methods of cognition. Results: the analysis of the factors of the establishment of the legal regulation sphere and its limits with the aim of its most adequate reflection as a subject of legal regulation is a necessary condition for improving the effectiveness of the law-making policy of the modern state. Conclusions: the factors that determine the limits of legal regulation can be objective and subjective. The objective factors determine the limits of the sphere of legal regulation; as such, it is necessary to consider the properties of public relations that have a legal nature, which in turn are under the influence of the objective factors of a natural and social nature, traditionally referred to as lawforming. The main natural factors should include biological, geographical, climatic, and physiological factors. The main objective social factors are scientific and technological, axiological, economic, and psychological. The identification of the sphere of legal regulation and its consolidation as a subject of legal regulation are caused not only by the influence of the objective factors but also by the subjective ones, which should include political-legal, scientific-cognitive, and technical-legal. All these factors interact with each other and “work” in the system. Depending on the specifics of the public attitude that is in the sphere of legal regulation and is fixed as its subject, the influence of various factors will be unequal.

scholarly journals The mechanism of legal regulation of innovative technologies in the agro-industrial complex of the Eurasian Economic Union: realities and prospects

2021 ◽  
Vol 262 ◽  
pp. 03015
Author(s):  
Veronika Meshcheryagina ◽  
Maria Vilacheva ◽  
Alexander Kurdyumov ◽  
Madina Kyarova ◽  
Svetlana Temmoeva
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
International Norms ◽  
Industrial Complex ◽  
National Legislation ◽  
Innovative Technologies ◽  
Eurasian Economic Union ◽  
Domestic Legislation ◽  
Legal Technology ◽  
Legal Mechanism

The article contains a research of the elements of the legal mechanism for regulating public relations in the field of digitalization of the agro-industrial complex of the EAEU, highlights the legal means of integrating the norms of international and domestic law (using the example of the Russian Federation) in the mechanism of regulation of the agro-industrial complex of the EAEU. It is concluded that in the process of implementing the EAEU norms into the domestic legislation of Russia, there is a combination of two independent legal systems, respectively. The elements of the mechanism for the implementation of EAEU norms include transformation (inclusion of international norms in national legislation in amended form) and incorporation (exact textual reproduction of international norms in national legislation), which must be taken into account when regulating the digitalization of the agro-industrial complex. After analyzing the current regulatory framework for regulating innovative technologies in the agro-industrial complex of the EAEU, the authors have to admit its compressed volume and low elaboration from the standpoint of legal technology, as well as propose priority areas for legal regulation of innovative technologies in the agro-industrial complex of the EAEU.

scholarly journals Some Issues of the Implementation of Delegated Legislation as a Way to Improve the Current Legislation

2021 ◽  
pp. 153-158
Author(s):  
A. V. Shindina
Keyword(s):  
Russian Federation ◽  
Separation Of Powers ◽  
Foreign Countries ◽  
Legal Nature ◽  
The Russian Federation ◽  
Exclusive Right ◽  
The Relationship ◽  
Delegation Of Powers ◽  
Law Making

The article comprehensively investigates the constitutional and legal nature of the institution of delegated legislation. The author raises the question of the possibility of implementing the institution of delegated legislation into the existing system of separation of powers, enshrined in the current Constitution of the Russian Federation. The author considers the possibility of implementing the delegation of powers in terms of the development of regulatory legal acts, as well as the exclusive right to implement delegated legislation, as one of the ways to improve the current legislation. The paper emphasizes the relationship between the quality of the law-making process and the possibility of effective transformations in modern Russia. Examples of the implementation of the institution of delegated legislation both in a number of foreign countries and in Russia are given. The author not only substantiates the need for the development of delegated legislation, but also separately studies the issue of creating professional lawmaking.

scholarly journals Legislative power as a legitimate basis for legislative activity

2021 ◽  
Vol 66 ◽  
pp. 19-26
Author(s):  
Z.O. Pogorelova
Keyword(s):  
Public Relations ◽  
Separation Of Powers ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legislative Power ◽  
Advantages And Disadvantages ◽  
The People ◽  
Legislative Activity ◽  
The Government ◽  
Law Making

The article is devoted to the study of the nature of the legislative pover and the disclosure of its role to serve as a legitimate basis for legislative activity. The provision is substantiated that the parliament, as a representative body of the whole people, has the highest level of legitimacy and on this basis exercises the right to legislate public relations according to the principle of separation of powers, including the exclusive right to regulate the most important issues of organization and exercise of power (article 92 of the Constitution of Ukraine). The relationship between the concepts of legislative power and legislative activity of the parliament is revealed and the recognition of the legislative activity of the parliament as the main, key function of the parliament and the organizational way of implementing the legislative power of the state is substantiated. The conditions, scope, limits, advantages and disadvantages of the practice of delegated legislation, which is widespread in democratic countries, as well as the legally sanctioned government rule-making on the basis of the instructions of the government provided by separate laws are investigated. The powers of the parliament in the field of law-making  activity are analyzed, the source of which is the legislative power delegated by the people to the Verkhovna Rada of Ukraine, due to which the parliament receives from the people the primary right to carry out its law-making activity. The essence of legislative activity carried out within the legislative process is revealed, as activity on revealing of need for legal regulation of public relations, estimation of draft laws, their completion, carrying out professional examination, discussion and completion in committees, i.e. all actions directed on proper elaboration of laws’ projects. It is noted that the legislative process is not only and not so much limited by parliament, but also includes pre-parliamentary stages of work on the draft law (initiation, drafting, public discussion, examination, coordination with interested bodies and organizations). The general characteristic of subjects of law-making activity is given, the nature of powers of parliament on the organization and implementation of control over law-making activity is analyzed.  

scholarly journals “Renaissance” of the “Smart Regulation” Category in the Domestic Law-Making Theory and Practice: Prerequisites and Factors of Influence

Legal Concept ◽  
2021 ◽  
pp. 6-11
Author(s):  
Agnessa Inshakova ◽  
Keyword(s):  
Information Technology ◽  
Technological Development ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Legal Concept ◽  
Ability To Act ◽  
Smart Regulation ◽  
Smart Technologies ◽  
Law Making

The main subject of the current issue of the journal “Legal Concept = Pravovaya paradigma” – “ ‘Smart Regulation’ As an Intersectoral Category of Modern Law” - was not chosen by the editorial board by chance. This annotation is a justification of the choice made. The author considers an objective need to popularize the intersectoral category of “smart regulation” in the Russian legal space as a significant argumentative factor, which has long been of key importance in foreign law-making theory and practice and has only recently begun to attract the attention of domestic researchers. The author announces the project supported by the Russian Scientific Foundation in 2021 which is offered by the scientists of the Department of Constitutional and Municipal Law of Volgograd State University, aimed at the comprehensive development of a system of smart regulation tools, the study of their legal nature, interrelation and correlation with the classical categories of jurisprudence, the justification of the criteria for the assessment of their efficiency and features of the application in the branches of private and public law. It is noted that the concept of “smart regulation” does not have an absolute novelty. On the one hand, according to the author, it is organically growing out of the ideas that have long been developed in detail in the world political and legal studies. On the other hand, the complex of tools used in the framework of smart regulation includes, along with the new ones, the entire system of classical legal instruments. Some of them acquire a different sound in the conditions of information technology development, including digitalization; for others, the limits and methods of their application are specified. The papers presented in the main topic of the issue and the rest of its headings illustrate numerous options for using modern and classical means of legal regulation in various spheres of public relations, taking into account new information technology opportunities. It is noted that the term “smart regulation”, taking into account the great challenges of modern realities, is often transformed into the term “smart technologies of legal regulation” and is also used in various combinations with different industry and disciplinary concepts. The paper substantiates the inexpediency of using the term “smart technologies” concerning legal regulation in such a narrow sense, limiting it to the context of total informatization of society and technological development. It is argued that we should be talking about the totality of literally all modern legal technologies. It is recommended to interpret “technologies” in a broad sense as a certain method of human activity. And these methods, according to the author, are made smart by the fact that they are chosen, created, and proposed by the representatives of law-making theory and practice as determined by the state of modern scientific knowledge and society. It is also recommended to take into account the subordination of the proposed legal methods and means to the value dominants which are characteristic of modern culture, as well as their ability to act as the organizing core of a particular sphere of the legal regulation of public life.

scholarly journals LEGAL TERMINOLOGY AND LEGAL CONCEPTS AS LEGAL AND TECHNICAL MEANS AS WELL SA SCIENTIFIC AND THEORETICAL CATEGORIES

2020 ◽  
Vol 16 (4-1) ◽  
pp. 131-145
Author(s):  
Анатолий Шабуров
Keyword(s):  
Legal Regulation ◽  
Scientific Development ◽  
Empirical Methods ◽  
Legal Concept ◽  
Legal Method ◽  
Special Scientific ◽  
Legal Concepts ◽  
Legal Technology

Legal terms should be understood not only as a technical means, but also as the most important scientific and legal category that ensures the content of law, the development of legal science, the quality of legal acts and the effectiveness of legal regulation in general. This is due to the fact that real knowledge of legal phenomena and processes is possible only by analyzing legal concepts expressed in legal terms. The inseparable connection of legal concepts and the terms corresponding to them suggests that increasing the role of the latter is impossible without the scientific development of legal concepts. Purpose: to show the great importance of the categories «legal (law) terminology» and «legal concept» as the most important scientific and theoretical legal terms and means of legal technology. Methods: empirical methods of description and interpretation; special scientific formal legal method and comparative legal method. Results: a critical analysis of the views on legal terms of famous national and foreign jurists is carried out; legal terminology is recognized as the main means of legal technology; the similarities and differences of legal terminology and its concepts are named.

THE CONTEMPORARY PROBLEMS OF ENVIRONMENTAL AND LEGAL TERMINOLOGY

2021 ◽  
pp. 137-148
Author(s):  
Alexey P. Anisimov ◽  
◽  
Elena M. Butayeva ◽  
Elena V. Smirenskaya ◽  
◽  
...  
Keyword(s):  
Natural Environment ◽  
Environmental Law ◽  
Environmental Safety ◽  
Legal Regulation ◽  
Federal Law ◽  
Social Phenomena ◽  
Natural Objects ◽  
Key Issues ◽  
Legal Technology

The article examines the main stages in the development of environmental and legal ter-minology and analyzes crucial terminology discussions. The authors conclude that terminology issues are among the key issues when discussing the effectiveness of the legal regulatory mechanism. The achievement of the goals and objectives set before the relevant legislation act depends on how adequately the legal terminology in-laws represents the social phenomena and processes to be legally regulated. The study of environmental and legal terminology shows that over the past decades, some key terminology problems of environmental law have been resolved. In particular, the article gives a detailed analysis of the discussions about the name of the branch of environmental law, recognition of a person not only as a subject but also as an object of environmental legal relations, the correlation of the categories of "envi-ronmental protection" and "environmental safety”. The authors pay special attention to the analysis of modern environmental and legal ter-minology. They prove that modern environmental legislation deals with as many as three terminological models used by the legislators. The first model covers land, subsoil, water, forests, air, wildlife i.e. the components of the natural environment, but not natural objects (federal law “On Environmental Protection”, federal laws "On the Animal World", "On the Protection of Atmospheric Air"). The second model covers the subsoil - neither a component of the natural environment nor natural object (due to the absence of a terminology article in the Russian Law on subsoil). The third model covers land and forests - natural objects and natural resources, but not components of the environment (in case of water objects by way of doctrinal interpretation, it can be assumed that the law includes water into the category of "natural environment components" as "the most important constituent part of the environment"). Proposals are made to optimize environmental and legal terminology and to eliminate the identified conflicts of laws. Given that the development of environmental law continues, there is an objective need to set new legal tasks conditioned by the deterioration of the environment in Russia and the world (e.g. climate change and environmental terrorism). To solve these new tasks, it is necessary to further improve environmental and legal ter-minology, to discuss new definitions that adequately reflect the legal reality. The improve-ment of the quality of environmental and legal definitions, enhancement of systematicity of environmental and legal terminology in the discussed drafts of the Ecological Code of the Russian Federation will enable us not only to sum up the terminological discussions of recent years but also to take into account new standards of legal technology that will improve the quality of legal regulation.

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