scholarly journals Modern Model of Genomic and Other Research Regulations

2020 ◽  
pp. 1020-1027
Author(s):  
Nina M. Kolosova
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Self Regulation ◽  
Legal Regulation ◽  
Social Regulation ◽  
Proposed Model ◽  
Research Regulations ◽  
The Subject ◽  
Vector Direction ◽  
High Degree

The main goal of this study is to develop a qualitatively new model of public relations’ modular regulation, which will overcome stereotypes and shortcomings of legal regulation. The model of modular regulation is characterised by the convergence of all regulators, the vector direction of impact on social relations and other features. In the conditions of inconsistency of social regulators, the proposed model of modular impact on social relations provides an opportunity for everyone to choose the most effective norm. Modular regulation should be used only in some areas of social relations, without replacing legal one. Accordingly, the following criteria are recognised for the legality of applying the modular regulation: evidence of the onset of maximum socially dangerous consequences in the case of the application of an erroneous norm of social regulation and a high degree of self-regulation of particular social relations, the presence of specific laws in them. Given these criteria, it is advisable to use modular regulation in genomic and other research, which is the subject of this article

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.

Limits of Legal Regulation and Discretion in Law: on the Correlation of Concepts

2020 ◽  
pp. 4-10
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
The State ◽  
External Control ◽  
Active Behavior ◽  
Common Features ◽  
The Subject

The author considers the logical connections between the content of the concepts «limits of legal regulation» and «discretion in law» in terms of the ratio of their volume. At the same time, the content of the concepts «legal regulation», «legal impact», «limits of legal regulation» is specified. The features characterizing the limits (scope) of legal regulation are identified: the conscious-volitional nature of social relations; the possibility of external control of public relations by the state; the importance of public relations; the opportunity for subjects of public relations to choose a behavior option, etc. The features of discretion in law are the possibility of implementation only within the framework of the subject of legal regulation; legality; expression in the passive or active behavior of the subject, etc. It is concluded that these concepts are not identical, but rather, are subordinate and are included in the scope of the concept of «legal impact». They are comparable because they have common features (for example, the existence of an authority establishing public relations and being expressed in a legal act), as well as related ones, since their volume partially coincides.

scholarly journals DEVELOPMENT AND CONSERVATION OF SOCIAL RELATIONS AS A MEANINGFUL RESULT OF LEGAL REGULATION

2021 ◽  
Vol 9 (4) ◽  
pp. 26-30
Author(s):  
David Davidov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Scientific Theory ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Social Regulation ◽  
Modern State ◽  
Meaningful Result

The article touches upon the problems of theory and practice of legal regulation. In a modern state, legal regulation is one of the most effective forms of social regulation. This determines the relevance of this topic. In turn, legal regulation should be based on a scientific theory – the theory of legal regulation, which, despite the attention paid to it by scientists, contains a number of controversial points, inaccuracies and errors. The author comes to the conclusion that the meaningful result of legal regulation can be both the development and conservation of public relations. In this context, we can talk about the relevant functions of law.

scholarly journals The Influence of the Features of Legal Families on the Properties of the Corporate Regulatory System

2021 ◽  
Vol 1 ◽  
pp. 3-7
Author(s):  
G. V. Druzhinin ◽  
Keyword(s):  
Social Relations ◽  
Regulatory System ◽  
Legal Regulation ◽  
Social Regulation ◽  
Anglo Saxon ◽  
Leading Role ◽  
Definition Of ◽  
Corporate Social ◽  
High Degree ◽  
Peremptory Norms

The paper investigates the issue of the peculiarities of the corporate regulatory system in the Romano-Germanic and Anglo-Saxon legal family. The structure of social regulation is described, which is represented by such elements as corporate-regulatory, legal, traditional, religious, moral and ethical subsystems. It is noted that at the heart of each subsystem there is a social norm, which is a system-forming element of the subsystem. The definition of the corporate regulatory system has been formulated, according to which this definition is understood as a set of internally coordinated and interrelated phenomena operating in society and having a regulatory, organizing and stabilizing effect on corporate social relations, the behavior of participants in corporate relations, as well as the activities of corporate organizations. It is indicated that the influence of the legal family on the corporate regulatory system is manifested, firstly, in the peculiarities of corporate regulation, and secondly, in the peculiarities of corporate organizations, at the stages of establishment and functioning. The concept of a legal family is analyzed, a set of national legal systems united by a common historical formation, structure, sources, leading branches and legal institutions, law enforcement, conceptual and categorical apparatus of legal science. It has been established that for countries belonging to the Romano-Germanic legal family, in the corporate-regulatory subsystem, the influence of the legal family is expressed in the primacy of legal regulation over corporate regulation, a high degree of state interference in internal corporate regulation issues, as by consolidating peremptory norms, the inclusion of which in corporate bylaws are mandatory and model bylaws. It was revealed that in the countries of the Anglo-Saxon legal family, there is a high degree of autonomy of corporate organizations, while the leading role in corporate regulation is played by contractual mechanisms, historically the corporation was considered as a pooling of capital.

The Legal and Non-Legal Regulation of Social Relations

2019 ◽  
pp. 94-99
Author(s):  
F. D. Rakhimov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Comprehensive Analysis ◽  
Social Regulation ◽  
Common Features ◽  
The Social

The article is devoted to the comprehensive analysis of the legal and non-legal regulation of public relations. There are offered to consideration the definitions of most important social regulators, such as: right, morality, rituals, customs, traditions and ceremonies. The differences and the principles of interaction are defined. An attempt is made to designate common features and traits between legal and-legal regulators, and also their role in the system of the social regulation.

scholarly journals ADMINISTRATIVE AND LEGAL REGULATION OF INTERNAL CONTROL IN THE BODIES OF THE NATIONAL POLICE

2021 ◽  
Vol 12 (2) ◽  
pp. 72-78
Author(s):  
Serhii Yesimov ◽  
◽  
Anatolii Perepelytsia ◽  
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Internal Control ◽  
Subject Matter ◽  
Legal Regulation ◽  
Response Measures ◽  
The Subject ◽  
National Police ◽  
And Control ◽  
Theoretical Issues

The article deals with the theoretical issues of administrative and legal regulation of internal control in the National Police. It is noted that the administrative and legal regulation of internal control in the National Police s an administrative and legal institution that has an independent subject matter and method of legal regulation. Internal control is defined as purposeful activity of normative and law enforcement nature of authorized officials and control and supervisory units of the National Police on the regulation and implementation of public relations in the field of internal control by legal means. Only that part of them that provides organizational, procedural and human rights bases of stability, guarantee and reliability of target information on the state of functioning of the National Police and each territorial body and subdivision becomes the subject matter of legal regulation of internal control. The structure of the subject matter of legal regulation in the field of internal control in the police consists of three parts. The first part of the subject matter of administrative and legal regulation of internal control are the principles, objectives of the organization and implementation of control activities that define and specify its place in the administrative system, as well as the task of identifying faults and positive experiences that significantly affect the legality and efficiency. Since the order of organization of internal control is entrusted to the relevant head, the powers are formed by two blocks: rule-making, components of regulatory and organizational activities to establish the order, goals and directions of internal control of subordinate units and officials. The third group of relations includes social relations, which consist of methods and forms of control actions that ensure the reliability and objectivity of the collection of targeted information, the timely adoption of administrative response measures.

scholarly journals FORMALLY UNCERTAIN TERMS AS A MEANS OF LEGAL INFLUENCE

2020 ◽  
Vol 73 (4) ◽  
pp. 27-32
Author(s):  
Оleksandr Kurakin ◽  
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Modern Society ◽  
Legal Regulation ◽  
Legal Norm ◽  
Social Significance ◽  
Legal Norms ◽  
Legal Response ◽  
Ability To Act ◽  
The Subject

The effectiveness of legal influence on relations in modern society is determined along with other factors and the perfection of legal terminology used in regulations. The need to improve the quality of legal activity in Ukraine necessitates the study of the regulatory possibilities of legal terms, among which a special place is occupied by formally indefinite terms that cause formal uncertainty of legal norms. The use of formally indefinite terms in legal norms and the issue of legal influence in the domestic literature are not specifically considered, respectively, need further study to formulate certain scientific generalizations and practical recommendations that can be used to improve the legal regulation of public relations in Ukraine. The author proposes to consider the valuation concepts as enshrined in the legal norm abstract characteristics of the social significance of real or potential facts. It must be specified during its application or implementation. This ensures the legal response of the state to all individualized facts, which are characterized by the significance fixed in the legal norm. In addition, the specific features of intermediate concepts that distinguish them from the evaluative and formally defined are highlighted. Analyzing them, the author concludes that the categories of "legal regulation" and "legal influence" are correlated as general and specific, and the boundary separating them is quite conditional. Noting the inseparability of legal influence and legal regulation, the author points out that at the same time does not deprive them of differences. The subject of legal regulation is somewhat narrower than the subject of legal influence. The latter includes such economic, political and social relations, which are not regulated by law, but to which they in one way or another extend their influence. If legal regulation, as a special legal influence, in any case is associated with the establishment of specific rights and obligations of subjects, with direct instructions about what is necessary and possible, the legal influence is not always. The relationship, unity and separation of legal influence and legal regulation suggest the need for a generalized approach to these legal phenomena. This position is confirmed by the author, focusing on formally vague norms, in particular those that contain intermediate concepts. Such concepts have a special ability to act as a means of legal influence, both related and unrelated to legal regulation. This ability stems from the properties of intermediate concepts, primarily from the ability to be a means and source (and this is the influence) of legal regulation. Summing up, the author notes that one of the means of legal influence, which accompanies legal regulation and is not directly related to it, are formally vague, in particular, intermediate (semi-valued) concepts. The study of this category of legal terms, their place and role in legal techniques, the ability to regulate public relations and influence them is one of the ways to determine ways to improve the legal regulation of social relations in the modern state.

Typologization of security regulation

2020 ◽  
pp. 20-27
Author(s):  
Denis Tikhomirov
Keyword(s):  
Social Relations ◽  
Scientific Literature ◽  
Legal Regulation ◽  
Procedural Understanding ◽  
Limited Ability ◽  
Methodological Basis ◽  
Wide Range ◽  
The Subject ◽  
Definition Of ◽  
Legal Understanding

The purpose of the article is to typologize terminological definitions of security, to find out the general, to identify the originality of their interpretations depending on the subject of legal regulation. The methodological basis of the study is the methods that made it possible to obtain valid conclusions, in particular, the method of comparison, through which it became possible to correlate different interpretations of the term "security"; method of hermeneutics, which allowed to elaborate texts of normative legal acts of Ukraine, method of typologization, which made it possible to create typologization groups of variants of understanding of the term "security". Scientific novelty. The article analyzes the understanding of the term "security" in various regulatory acts in force in Ukraine. Typological groups were understood to understand the term "security". Conclusions. The analysis of the legal material makes it possible to confirm that the issues of security are within the scope of both legislative regulation and various specialized by-laws. However, today there is no single conception on how to interpret security terminology. This is due both to the wide range of social relations that are the subject of legal regulation and to the relativity of the notion of security itself and the lack of coherence of views on its definition in legal acts and in the scientific literature. The multiplicity of definitions is explained by combinations of material and procedural understanding, static - dynamic, and conditioned by the peculiarities of a particular branch of legal regulation, limited ability to use methods of one or another branch, the inter-branch nature of some variations of security, etc. Separation, common and different in the definition of "security" can be used to further standardize, in fact, the regulatory legal understanding of security to more effectively implement the legal regulation of the security direction.

New Approaches to Understanding Judicial Ethics in the Information

2020 ◽  
Vol 2 (3) ◽  
pp. 12-32
Author(s):  
E. V. Burdina ◽  
Keyword(s):  
Self Regulation ◽  
Legal Regulation ◽  
Subject Area ◽  
Social Needs ◽  
Legal Norms ◽  
Stage Of Development ◽  
Judicial Administration ◽  
Personal Approach ◽  
Personal Qualities ◽  
The Subject

Introduction. The article is devoted to the problems of the essence and content of judicial ethics in the new conditions of the technical revolution and with other social needs for legal regulation. Theoretical Basis. Methods. The work used a systematic, activity-personal approach to the study of moral and ethical standards of the conduct of judges. This made it possible to reveal a new and broader view on judicial ethics, which is not simply a set of moral restrictions and obligations imposed on a judge. Results. The work has identified and analysed the signs of judicial ethics at the current stage of development. It is argued that ethical regulation is precautionary in relation to the legal regulation of the independence of judges, for they complement ethical rules and reinforce legal norms. The ethical conduct of judges is an instrument guaranteeing judicial independence in all of its manifestations, including in organisational and judicial relations. The new realities of our time recognise the expansion of boundaries and the subject area itself of ethical regulation. A broader view on judicial ethics, which differs from the traditional one, is hereby justified. The latter is defined in two ways – namely both as a system of professional values, as well as a means of judicial administration based on the principle of self-regulation. By its very nature, judicial ethics is the result (and the way) of judicial self-governance, developed on the basis of the experience of functioning bodies of the judicial community. Discussion and Conclusion. Conclusions are drawn on both the instrumental and the managerial impact of the categories of ethics. The subject of judicial ethics has been defined, which constitutes the rules of conduct of judges in the performance of their professional duties and beyond – namely the set of general principles of work of a judge, as well as the personal qualities of a judge personifying the judicial power. Proposals on the optimisation of the mechanism of ethical influence, differentiation of ethical and disciplinary norms have also been substantiated.

Natural resource and post-resource relations: the hierarchy of branches and the ratio of subjects

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Deineha Maryna ◽  
◽  
Marinich Volodymyr ◽  
Keyword(s):  
Public Relations ◽  
Natural Resources ◽  
Natural Resource ◽  
Social Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Human Needs ◽  
Forest Law ◽  
Environmentally Sound ◽  
The Relationship

The article examines the place of Natural Resource Law and post-resource branches of law in the legal system, proposes a hierarchy of these branches and outlines the relationship between the subjects of natural resource and post-resource relations. The subject of legal regulation of Natural Resource Law is defined as qualitatively homogeneous natural resource relations, consisting of the use and reproduction of natural resources – a legally defined part of the environment that have signs of natural origin and are in ecological relationship with the environment and with each other, can be used as a source of meeting human needs. All natural resources, as well as the relationship to their use and reproduction, are closely linked. This connection will always be inseparable and reciprocal. It is established that in the system of Natural Resource Law public relations regarding the use and reproduction of certain natural resources are in fact its subsectors and provide a differentiated approach to the environmentally sound use of each of the relevant natural resources. Natural Resource Law is not a conglomeration of land, water, forest and subsoil law, but their qualitative unity based on a single nature, factors of development and the internal structure of social relations. It is concluded that neither the long history of legislation, nor a significant amount of regulations that are sources of post-resource industries, are grounds for denying the inseparable and mutual connection of post-resource branches of law with each other and with Natural Resource Law and the objective need for separation independent branch of Natural Resource Law. Keywords: Natural Resource Law, land law, water law, forest law, subsoil law, faunal law, floristic law, natural resource relations, post-resource relations, legal system, branch of law

Sign in / Sign up

Export Citation Format

Share Document