scholarly journals 25 YEARS OF THE CONSTITUTION OF UKRAINE: RESULTS AND FURTHER PROSPECTS

Author(s):  
O. Martselyak

The purpose of the article is to analyse the role of the Constitution of Ukraine in the state-building and law-making processes and to study the problem of necessity and directions of its improvement. The methodological basis of the work is a set of general and special scientific methods. It is based on the philosophical method of dialectics. Methods of recognition such as logic-semantic, system-structural, formal-legal, comparative-legal and other methods of recognition of processes and phenomena are used for the purpose of work. The article emphasizes that the adoption of the Constitution of Ukraine in 1996 marked an important stage of the national state building, which legally defined the transformational transition of Ukraine from totalitarianism to democracy. It is noted that the Constitution of Ukraine, as a legal act of supreme legal force, has been the legal basis for the formation of Ukraine as a democratic, legal and social state and has become a political and legal document of a programme character, which directed Ukrainian society and public authorities to appropriate democratic reforms in the field of the state-building and law-making processes. It is noted that a number of political, social, economic and legal factors put on the agenda the issue of constitutional reform in our country, which should aim at achieving the European level of socio-economic development, modernization of the existing governance system, improvement of public authority and the legal status of citizens.

2011 ◽  
Vol 1 (3) ◽  
pp. 34-66
Author(s):  
Joyce Valdovinos

The provision of water services has traditionally been considered a responsibility of the state. During the late 1980s, the private sector emerged as a key actor in the provision of public services. Mexico City was no exception to this trend and public authorities awarded service contracts to four private consortia in 1993. Through consideration of this case study, two main questions arise: First, why do public authorities establish partnerships with the private sector? Second, what are the implications of these partnerships for water governance? This article focuses, on the one hand, on the conceptual debate of water as a public and/or private good, while identifying new trends and strategies carried out by private operators. On the other hand, it analyzes the role of the state and its relationships with other actors through a governance model characterized by partnerships and multilevel networks.Spanish La provisión del servicio del agua ha sido tradicionalmente considerada como una responsabilidad del Estado. A finales de la década de 1980, el sector privado emerge como un actor clave en el suministro de servicios públicos. La ciudad de México no escapa a esta tendencia y en 1993 las autoridades públicas firman contratos de servicios con cuatro consorcios privados. A través de este estudio de caso, dos preguntas son planteadas: ¿Por qué las autoridades públicas establecen partenariados con el sector privado? ¿Cuáles son las implicaciones de dichos partenariados en la gobernanza del agua? Este artículo aborda por una parte, el debate conceptual del agua como bien público y/o privado, identificando nuevas tendencias y estrategias de los operadores privados. Por otra parte, se analizan el rol y las relaciones del Estado con otros actores a través de un modelo de gobernanza, definido en términos de partenariados y redes multi-niveles.French Les services de l'eau ont été traditionnellement considérés comme une responsabilité de l'État. À la fin des années 1980, le secteur privé est apparu comme un acteur clé dans la fourniture de certains services publics. La ville de Mexico n'a pas échappé à cette tendance et en 1993, les autorités publiques ont signé des contrats de services avec quatre consortiums privés. À travers cette étude de cas, nous nous interrogerons sur deux aspects : pourquoi les autorités publiques établissentelles des partenariats avec le secteur privé ? Quelles sont les implications de ces partenariats sur la gouvernance de l'eau ? Cet article s'intéresse, d'une part, au débat conceptuel sur l'eau en tant que bien public et/ou privé, en identifiant les tendances nouvelles et les stratégies menées par les opérateurs privés. D'autre part y sont analysés le rôle de l'État et ses relations avec d'autres acteurs à travers un modèle de gouvernance, défini en termes de partenariats, et des réseaux multi-niveaux.


2018 ◽  
pp. 86-97
Author(s):  
Григорій Юрійович Каніщев

History of State and law of Ukraine can be considered as one of the leading academic disciplines to modern lawyers because its purpose is to familiarize professionals with the historical experience of the development of statehood and the territory of modern Ukraine that directly or indirectly impact on the current status and the quality of the public authority in our country, on the relationship between the State and citizens, on the situation in Ukraine in the international arena, its image in the world, etc. Great value for the teaching and study of history of State and Law of Ukraine have changes that have been happening lately in higher legal education in our country. Besides necessary legal skills and knowledge, present-day and future lawyers have to understand the nature of law and the philosophy of human rights, the role of the bureaucracy in the functioning of the State organized by the society, the mechanism of distribution of public authorities, as well as to understand the ways of development of the State and its transition from a developing country to a developed country. The role of history of State and Law of Ukraine here is mapping the processes of historical evolution of relationships between the human and the State on the modern Ukrainian territory. This includes compliance with State rights, in particular political struggle of people for their rights in both peaceful and violent way (through an armed revolt against the authorities) etc. In this connection, educational courses and researches on the history of State and Law should pay much attention to the evolution of public authority as a result of the struggle of people for their rights.


Author(s):  
Yuriy Kyrychenko ◽  
Hanna Davlyetova

The article examines the role of political parties in modern state-building processes in Ukraine. The place of political parties in the political and legal system of society is determined. The general directions of overcoming problematic situations of activity of political parties in Ukraine are offered. It is noted that political parties play an important role in the organization and exercise of political power, act as a kind of mediator between civil society and public authorities, influence the formation of public opinion and the position of citizens directly involved in elections to public authorities and local governments. It is determined that in a modern democratic society, political parties carry out their activities in the following areas: the work of representatives of political parties in public authorities and local governments; participation in elections of state authorities and local self-government bodies; promoting the formation and expression of political will of citizens, which involves promoting the formation and development of their political legal consciousness. These areas of political parties determine their role and importance in a modern democratic society, which determines the practical need to improve their activities and improve the national legislation of Ukraine in the field of political parties. Political parties are one of the basic institutions of modern society, they actively influence the ac-tivities of public authorities, economic and social processes taking place in the state and so on. It is through political parties that the people participate in the management of public affairs. Expressing the interest of different social communities, they become a link between the state and civil society. The people have the opportunity to delegate their powers to political parties, which achieves the ability of the people to control political power in several ways, which at the same time through competition of state political institutions and political parties contributes to increasing their responsibility to the people. It is noted that the political science literature has more than 200 definitions of political parties. And approaches to the definition of this term significantly depend on the general context in which this issue was studied by the researcher. It was emphasized that today in Ukraine there are important issues related to the activities of political parties. First of all, it is a significant number of registered political parties that are incapable, ie their political activity is conducted formally or not at all. According to official data from the Department of State Registration and Notary of the Ministry of Justice of Ukraine, 352 political parties are registered, of which 48 political parties do not actually function. The reason for the liquidation of such parties is not to nominate their candidates for the election of the President of Ukraine and People's Deputies of Ukraine for 10 years. According to this indicator, Ukraine ranks first among other European countries. Thus, 73 political parties are officially registered in Latvia, 38 in Lithuania, 45 in Moldova, 124 in Romania, and 56 in Slovakia. However, despite the large number of officially registered political parties in Ukraine, public confidence in their activities is low. It is concluded that political parties occupy a special place in the political and legal system of society and play an important role in the organization and exercise of political power, as well as a kind of mediator between civil society and public authorities. The general directions of overcoming problematic situations of activity of political parties in Ukraine are offered, namely: introduction of effective and impartial control over activity of political parties; creating conditions for reducing the number of political parties, encouraging their unification; establishment of effective and efficient sanctions for violation of the requirements of the current legislation of Ukraine by political parties.


Author(s):  
Nataliia Onishchenko

The article is devoted to the value-communicative potential of modern legal science in building a mature, active civil society. In particular, the role of legal science in establishing the general discussion between man, civil society and the state is emphasized. A separate vector of consideration is the coverage of the role of legal science in modern law-making processes: increasing the role of legal culture, legal consciousness, overcoming the phenomena of legal nihilism and legal pessimism, as well as the importance of civic education in modern democratic processes.


Author(s):  
Petro V. Makushev ◽  
Аndrii V. Khridochkin ◽  
Hanna O. Blinova ◽  
Oleksandr V. Taldykin

The relevance of the problem under study is due to the need for theoretical justification of the place of executive proceedings in the modern legal system of Ukraine and the functions of the state executive service to protect the rights of citizens and legal entities, as well as the interests of the country. The purpose of the article is to develop a modern model of administrative activity of state executive service bodies. The leading research method for this problem is modeling, which allows us to consider this problem as a focused and informed process of reforming the existing system of executive proceedings in Ukraine. The article presents the main causes of problem situations in executive proceedings and offers comprehensive ways to solve them, based on the structure of the modern state executive service, creating the theoretical foundations of executive proceedings and making specific amendments to the current legislation. The article clarifies the principles, functions and powers of the state executive service in Ukraine, as well as defines the functional features of the administrative activities of the state executive service bodies and discloses the contents of the administrative-legal status of the state executor in a mixed decision enforcement system. In Ukraine is not yet comprehensive research on state executive service in Ukraine in a mixed system of decision-making, with emphasis on the peculiarities of its reform in the present period and the formulation of the Concept. This determines the relevance of this study, its scientific and practical value


2020 ◽  
Author(s):  
Al'fiya Akmalova ◽  
Vladimir Kapicyn

The textbook discusses the concept of the state and municipal management system, its formation and development in Russia, scientific, legal, organizational, competence and information bases of the activities of state and municipal management bodies. Special attention is paid to the analysis of the General principles of state and municipal administration and the specifics of their implementation in certain territories and under special legal regimes, the role of control and Supervisory bodies in ensuring the legality and responsibility of public authorities and officials. Meets the requirements of Federal state educational standards of higher education of the latest generation. For bachelors and masters of higher education organizations studying in the direction 38.03.04 "State and municipal management", as well as all those who study the basics of the organization of state and municipal management and are interested in the problems of development of the state and society.


2020 ◽  
Vol 29 (3) ◽  
pp. 163
Author(s):  
Yachiko Yamada

<p>This paper examines the role of judicial jurisdiction in law-making process in statute countries. The analysis focused on the reformed Japanese Civil Code, which entered into force on 1 April 2020, and more specifically on the conflict between the reformed Civil Code and the precedents of previous legal status. The purpose of the paper was to emphasize that it is extremely important to consider the relationship between new rules and previous precedents. By using the reformed rules of “contract for work” in the Japanese Civil Code reform, this article analyzes and explains the meaning of precedent in law-making process.</p>


The article presents suggestions and comments on the development of new legislation based on new definitions, improvement of regulatory legal acts and their analysis related to the use of biological resources for scientific purposes and ensuring biological safety. The author analyzes important issues that further develop the theory of environmental law in the field of protection and use of biological resources. On issues related to the use and protection of biological resources, analytical information will be provided on the establishment and effective functioning of scientific institutions, their legal status, biological threats and biological safety.It is argued that biosecurity is an important branch of national security. The role of the environment, the importance of international regulation of the use of genetically modified organisms (GMOs) and their by-products are studied , and a number of environmental legal recommendations related to the COVID-19 pandemic are proposed. The author analyzes digitalization in the field of ecology, As the system of environmental monitoring is an urgent problem that has not yet been solved in the world. Its functionality consists in the accumulation, systematization and analysis of information: about the state of the environment, the causes of changes in the state, the sources and factors of impact, for which the author offers his suggestions.


Author(s):  
Denis Yur'evich Goncharov

The research object is criminality in the sphere of housing and utilities infrastructure. The research subject is the combination of factors determining criminality in this sphere. The topicality of such a classification is conditioned by a special role of the housing and utilities infrastructure in the country&rsquo;s economy. All crimes committed in the housing and utilities infrastructure, trespassing upon property, also threaten public safety. The author uses general scientific methods of dialectics, analysis and generalization, as well as specific methods of summarizing and grouping. The author formulates the classification of factors determining criminality in the sphere of housing and utilities infrastructure. The classification is based on the distinction between objective (external) and subjective (internal) factors. The former ones are historically determined, i.e. caused by the existing mechanisms functioning in the sphere, which can be overwhelmed only by means of reforming the regulating legislation and modernizing the engineer infrastructure. The latter ones are caused by the drawbacks in the organization of public authorities supervising the housing and utilities infrastructure, and law enforcement bodies. The proposed determination system allows organizing comprehensive and targeted planning of measures preventing this type of criminality.&nbsp; &nbsp;


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