scholarly journals RELATIONSHIP OF CONCEPTS LEGAL PROTECTION AND PROTECTION OF RIGHTS IN SCIENTIFIC DISCOURSE

2021 ◽  
pp. 8-11
Author(s):  
Ya. Babych ◽  
Keyword(s):  
Legal Protection ◽  
Legal Regulation ◽  
Point Of View ◽  
Theoretical Research ◽  
Scientific Schools ◽  
Legal Nature ◽  
Universal Approach ◽  
The Subject ◽  
Definition Of ◽  
Relationship Of

The article addresses the understanding of the legal categories "legal protection" and "protection of rights". The legal nature and content of these definitions are analyzed. Particular attention is paid to the characteristics of these definitions in scientific international and domestic doctrines. The positions of five different scientific schools on the understanding of these concepts are considered. The first cohort of scientists adheres to the views according to which such definitions are analyzed as interaction of whole and part. The second group of scholars identifies the concepts of "legal protection" and "protection of rights". The third point of view on the specified theoretical problems, consists of the delimitation of the outlined definitions. The fourth constellation of scholars reveals the analyzed categories through the prism of individual branches of law, taking into account the subject and method of legal regulation of each area. The universal approach distinguishes between the concepts of "legal protection" and "protection of rights" and considers them as different, but at the same time absolutely full-fledged legal categories. It is substantiated that the latter has normative and applied significance and is effectively used by the international community both at the doctrinal and legislative levels. On the basis of the conducted theoretical research the independent scientific conclusions and judgments on the analyzed subjects are offered, in particular the author's definition of definition "legal protection" is given. In addition, the main features inherent in the above categories are highlighted. Particular attention is paid to the need of highlighting the preventive component of the concept of "legal protection", which is particularly important within this category.

THE NOTION OF THE SYSTEM OF CIVIL PROCEDURAL LAW

2021 ◽  
Vol 11 (4) ◽  
pp. 13-26
Author(s):  
V.M. SHERSTYUK
Keyword(s):  
Internal Structure ◽  
Legal Regulation ◽  
Point Of View ◽  
Entire System ◽  
Procedural Law ◽  
The Subject ◽  
Definition Of ◽  
Constituent Elements

The study puts forward the thesis that the basis for the allocation of structural subdivisions of civil procedural law is mainly the subject of legal regulation. The complex internal structure of the system of this branch of law is due primarily to the diversity of civil procedural relations that constitute the subject of regulation of this branch of law. The work reveals the essential features of the concept of “system of civil procedural law”, defines the grounds for its structural subdivisions and their composition, gives the definition of this category. In particular, the author has formulated the idea that the system of civil procedural law is an internally coordinated set of civil procedural rules, institutions and other relatively independent structural subdivisions of this branch of law, naturally interconnected into a single whole due to the unity of civil procedural relations. Also in this study the point of view is expressed that each level of the system, as well as the entire system of civil procedural law as a whole, is characterized not only by typical features of its constituent elements, but also by their typical, regular relationships that constitute its structure.

DISCUSSION QUESTIONS ON THE DEFINITION OF THE SUBJECT OF CIVIL PROCEDURAL LAW

2017 ◽  
Author(s):  
Оlena Shtefan ◽  
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Judicial Reform ◽  
Procedural Law ◽  
History Of ◽  
The Subject ◽  
Definition Of ◽  
The Relationship

The subject of this article was one of the fundamental and debatable provisions of the doctrine of civil procedural law - its subject. The author on the basis of the analysis of scientific sources, the legislation carried out the retrospective analysis of formation and development of scientific thought concerning definition of a subject of civil procedural law. The paper identifies two main approaches to understanding the subject of the industry and elements of its structure. Analyzing the "narrow" approach to defining the subject of civil procedural law and certain areas of its coverage in the works of scholars, the author substantiates the position on the relationship between procedural activities and social relations that arise between the court and the parties. Particular attention is paid to the history of inclusion in the subject of civil procedural law enforcement proceedings. The author's position on the subject and system of civil procedural law is substantiated. The essence of the "broad" approach to the definition of the subject of the industry by including in its structure of non-jurisdictional forms of legal protection is revealed. The essence of two opposite tendencies in scientific researches concerning structure of a subject of civil procedural law is revealed: the first tendency is reduced to expansion of a subject at the expense of inclusion in it of economic procedural law, at ignoring independent character of this branch of law; the second - the narrowing of the subject of civil procedural law by removing from its structure of enforcement proceedings, the relations arising in the consideration of labor cases. The connection between the definition of the subject of civil procedural law and the jurisdiction of the court defined in the legislation is substantiated. It is proved that the tendency to narrow the subject of civil procedural law was embodied in the legislation of the country as a result of judicial reform in 2016, which led to conflicts in legislation and problems in law enforcement. Based on the theoretical model of determining the subject of legal regulation and using the analogy of determining its structure, the elements of the structure of the subject of civil procedural law are distinguished and its definition is formulated.

scholarly journals The concept and legal nature of corporate relations: the position of doctrine and judicial practice

2020 ◽  
pp. 290-295
Author(s):  
Borys Soloviov
Keyword(s):  
Civil Law ◽  
Legal Protection ◽  
Critical Issue ◽  
Association Agreement ◽  
Corporate Rights ◽  
Judicial Practice ◽  
Legal Nature ◽  
Critical Problems ◽  
The Subject ◽  
Definition Of

Nowadays the processes of democratization, liberalization, integration of Ukraine into European and world space take place. Theundisputed significance for these processes is the signing of the Association Agreement between Ukraine and the European Union.Thus, the rapprochement of Ukraine with the European community, which has taken place in recent years, affects the sphere of privatelaw relations, which make up the subject matter of civil law. Taking all mentioned above into account corporate relations and its nationalregulation is critical issue for analysis.The provisions of national legislation regarding the definition of corporate rights and respective legal relations are analyzed. Specialattention is paid to the position of the civil law doctrine representatives in terms of legal nature and features of corporate legal relations.Analysis of current doctrine gives ground to state that corporate relations are considered to be a special type of civil legal relationsthat make up the subject of civil law. At the same time recognition of corporate relations as a type of civil ones makes it possible to useall the civil law tools and mechanism of legal protection and enforcement for corporate relations regulation.The relevant practice of the highest judicial bodies of Ukraine is analyzed. The analysis of the legislation and judicial practicehas given an opportunity to stress some problems that need to be eliminated. To our mind, one of the main problems is “fragmentation”of the legislator’s attention to the definition of corporate legal relations, which creates the ground for numerous discussions. At the sametime there are critical problems in judicial practice. For instance, we cannot agree with the Supreme Court’s attempts to find corporatelegal relations in those types of legal entities in which such legal relations do not take place at all.It is crucial to stress that recodification of civil legislation in Ukraine has its direct impact on private legal relations system andits mechanism of legal regulations.

scholarly journals Environmental law and the essence of separation of prisoners sentenced to imprisonment: structural analysis

2021 ◽  
Vol 244 ◽  
pp. 12006
Author(s):  
Yulia Golovastova ◽  
Ludmila Prikhozhaya
Keyword(s):  
Environmental Law ◽  
Point Of View ◽  
Legal Analysis ◽  
Correctional Institutions ◽  
Narrow Sense ◽  
Functional Connection ◽  
The Social ◽  
Legal Nature ◽  
The Subject ◽  
Definition Of

The article examines existing approaches and different opinions of scholars-penitentiaries regarding the legal nature of separation of prisoners sentenced to imprisonment. The legal analysis of positions of scholars in the field of criminal executive law, who investigated the essence of separation of prisoners sentenced to imprisonment in various aspects, made it possible to highlight following approaches: 1) principle of institution of execution of punishment in the form of imprisonment; 2) means of ensuring the regime; 3) condition for implementation of principle of differentiation; 4) special classification issue; 5) type of classification; 6) intrageneric institution; 7) criminal-executive means of preventing crimes in correctional institutions. The authors come to the conclusion that separation of convicts is an inter-sectoral institution (in a broad sense), and also belongs to the category of internal penal means (in a narrow sense). Arguing this point of view, the general constant and special features of legal institutions and legal means and their application to the subject of research are considered. The authors identify and substantiate the main tasks of separation of prisoners and its functions, which are an external manifestation of its essence and determine the social and legal purpose, functional connection with other phenomena. As a result of study of the legal nature, the author’s definition of separate maintenance of those sentenced to imprisonment is proposed, its goals are highlighted and argued.

scholarly journals CONCEPTUAL FRAMEWORK FOR THE LEGAL PROTECTION OF SUBSOIL

2021 ◽  
pp. 152-157
Author(s):  
A. V. Sleptsov
Keyword(s):  
Conceptual Framework ◽  
Natural Environment ◽  
Legal Protection ◽  
Legal Regulation ◽  
Basic Component ◽  
Point Of View ◽  
Rational Use ◽  
Environmental Focus ◽  
The Republic ◽  
Definition Of

The article is devoted to the analysis of the legal protection of subsoil. Based on the analysis of legislation, the author distinguishes the theoretical features of the concepts of "subsoil" and "legal protection of subsoil," an attempt was made to formulate an author's definition of these concepts. The author concludes that it is necessary to recognize the subsoil as an object of environmental and legal protection, taking into account their properties not only as a repository of minerals, energy and other resources, but also as a complex and basic component of the natural environment. The author believes that from the point of view of the interests of subsoil protection, it is advisable to distinguish between the requirements for ensuring the rational use of subsoil and the requirements aimed directly at the protection of subsoil, with the separation of the latter into a separate article of the Subsoil Code of the Republic of Belarus "Subsoil Protection," which will contribute to the development of the environmental focus of legal regulation in this area.

scholarly journals Implementation of Registration Actions as Manifestation of the Legal Form of Public Administration

2020 ◽  
Vol 89 (2) ◽  
pp. 227-238
Author(s):  
V. I. Teremetskyi ◽  
Y. V. Zhuravel
Keyword(s):  
Public Administration ◽  
Legal Protection ◽  
Point Of View ◽  
Legal Form ◽  
Administrative Services ◽  
Legal Personality ◽  
Stage Of Development ◽  
Legal Nature ◽  
The Subject ◽  
Legal Forms

The issue of carrying out registration actions as a manifestation of the legal form of public administration at the present stage of development of national practice has been analyzed. The level of scientific developments in this area has been clarified and the lack of a unified approach to determining the implementation of registration actions in the context of the realization of legal forms by public administration entities has been emphasized, which leads to difficulties in law-enforcement. It has been concluded that the implementation of registration actions as a manifestation of the legal form of public administration involves official recognition of a certain fact by the state certifying that has legal consequences, and / or in order to ensure the exercise of certain rights by individuals. It has been found out that the result of these actions is the act – the expression of the will of the subject of public administration (decision) or registration actions. It has been substantiated that legal and preventive control is carried out during registration actions, where the subject of public administration has the right to check the scope of legal personality and their behavior of the subjects who applied for registration actions. The implementation of registration actions in the context of providing administrative services with different content and public legal nature has been studied. The issues of the nature of legal relations formed during the implementation of registration actions between the recipients of relevant administrative services and public administration entities have been studied. The author has emphasized problematic issues of delimitation of jurisdictions during the resolution of disputes by courts, which arise during the provision of administrative services for the implementation of registration actions. It has been concluded that relations arising during the implementation of registration actions between the subjects of public administration from the point of view of legal protection of the recipient of the relevant administrative service, may be of private or public legal nature.

scholarly journals Restrictions and boundaries in the Russian information law

2020 ◽  
pp. 11-30
Author(s):  
Gulfiia Gafiiatovna Kamalova
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Legal Norms ◽  
Original Definition ◽  
Legal Nature ◽  
Information Law ◽  
The Subject ◽  
Definition Of ◽  
Theoretical Foundations

The subject of this research is the system of legal norms of the Russian Federation that regulates public relations within the process of restriction of the constitutionally recognized information rights and liberties of a human and citizen, as well as establishment of the boundaries of their realization in the current conditions of development of the information society and digitalization. The goal of this work is to develop theoretical foundations for information law through demarcation of boundaries and restrictions of the information rights and liberties, which would also contribute to improvement of information legislation and the practice of its application. The scientific novelty of research is reflected in the acquisition of scientific knowledge required for development of legal regulation of the information sphere in the conditions of digitalization, among which are the original definition of the concepts “boundaries of exercising rights in the information sphere” and “restrictions of information rights and liberties”, obtained based on the conducted analysis of the forming public relations within information sphere and their legal regulation. The following conclusions were made: 1) there is absence of research on the issues of boundaries of rights, including boundaries in information law; 2) there is a need for determination of boundaries of exercising right in the information sphere and restriction of information rights and liberties in implementation of legal regulation, as well as consideration of the legal nature of technical norms in their inclusion into a normative legal act.

scholarly journals Mechanisms and Technologies of Distribution of Risks of Participants in Civil Legal Relations

2019 ◽  
Vol 8 (3) ◽  
pp. 7584-7587
Keyword(s):  
Risk Management ◽  
General Theory ◽  
Criminal Law ◽  
Legal Regulation ◽  
Legal Nature ◽  
Legislative Framework ◽  
Legal Structures ◽  
The Subject ◽  
Basic Concepts ◽  
Definition Of

The article considers the distribution of risks among participants in civil relations. In order to do this, the authors analyze the basic concepts of "risk" of both domestic and foreign scientists. As a result, the work substantiates the legal nature of risk, as well as the lack of a regulatory framework, which creates problems of legal regulation of the distribution of risks among participants in civil relations. It is established that risk studies are presented in the general theory of state and law, civil, criminal law and other branches of Russian legal science, covering mainly very specific issues arising from the subject matter of the relevant branches of law. The methods of risk management at the level of both existing legal structures and newly emerging ones are considered. Finally, the authors conclude that there is no legal definition of risk, which results in a lack of uniform application of rules that directly or indirectly include the category of risk. Since risk is an integral part of the developed civil turnover and any private law relations, it is necessary to provide a legislative framework for this legal category.

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.

CONCEPT AND CONTENT OF A RECONCILIATION AGREEMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

2017 ◽  
Author(s):  
Mariia Sirotkina ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Main Attention ◽  
Criminal Offense ◽  
Procedural Law ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Definition Of

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".

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