scholarly journals The concept and structure of administrative-legal support of the state defense

2018 ◽  
pp. 20-29
Author(s):  
Volodymyr Pashynskyi
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Social Relations ◽  
Necessary Conditions ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
Legal Norms ◽  
Legitimate Interests ◽  
State Defense

The article deals with modern scientific approaches to the definition and understanding of the structure of administrative-legal support for state defense. The elements of the structure of the administrative-legal support of the state defense are explored. Under the administrative-legal support of the state should be understood as regulated by administrative-legal norms, the systemic activity of the subjects of defense, in the first place, the activities of the subjects of public administration, with regard to the administrative- legal regulation, implementation, protection of social relations in the sphere of defense, guaranteeing the rights and legitimate interests of all subjects of legal relations, aimed at creating the necessary conditions for the defense of the state in the event of armed aggression. At the same time, the structure of the administrative-legal support for the defense of the state will consist of the following elements: 1) the object of administrative-legal support of the state defense – social relations in the field of defense that penetrate practically all spheres of public life; 2) subjects of administrative-legal support for state defense – subjects of administrative legal relations are endowed with rights and duties in the field of defense; 3) norms of law (norms of administrative law) – administrative-legal norms which regulate public relations in the field of state defense; 4) administrative-legal relations in the field of state defense – legal relationships settled by administrative and legal regulations that arise, develop, and cease between the subjects of defense in the process of exercising powers in the field of state defense; 5) guarantees of administrative-legal support of state defense – conditions, means, methods, forms and methods by which the implementation of public relations in the field of state defense is provided. The administrative-legal support of the state defense will be carried out by authorized security entity within the limits of authority and administrative and legal means determined by the norms of administrative law.

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.

General nature of legal regulation of constitutional legal relations

2021 ◽  
Vol 62 (01) ◽  
pp. 147-150
Author(s):  
Parvana Bayram Babaeva ◽  
Keyword(s):  
Public Relations ◽  
Coercive Force ◽  
Social Relations ◽  
Legal Regulation ◽  
The State ◽  
General Nature ◽  
General Character ◽  
Legal Norms ◽  
General Rules ◽  
Coercive Behavior

Summary Constitutional legal norms are general rules of compulsory behavior established or sanctioned by the state for the purpose of protection and regulation of certain public relations. There are implemented through specific rights and obligations and provided by the coercive force of the state. Constitutional legal norms are general rules of coercive behavior established by the state for the purpose of protecting and regulating certain social relations. These are legal norms implemented through certain rights and obligations and provided by the coercive force of the state. The content of constitutional legal relations reflects the mutual rights and obligations of the parties. These rights and responsibilities are closely related. Traditionally, the obligation of one party is considered to correspond to some right of the other party. Key words: constitution, legal relationship, general character, regulation, normative

scholarly journals EFFICIENCY OF ADMINISTRATIVE AND LEGAL PROTECTION: THEORETICAL ASPECTS

2019 ◽  
pp. 174-178
Author(s):  
O. M. Pravotorova
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Social Relations ◽  
Legal Protection ◽  
Administrative Law ◽  
The State ◽  
The Public ◽  
Legitimate Interests ◽  
Four Levels ◽  
Legal Entities

In the article, the key aspects of the effectiveness of administrative and legal protection are researched on the basis of current legislation and opinions on this issue of scholars in the field of administrative law. The author notes that administrative-legal protection is an institution of administrative law consisting of uniform rules of administrative law whose legal effect is directed at the prevention of offenses (crime prevention) and the restoration of violated rights, freedoms and legal interests of individuals and juridical persons carried out for using administrative tools – forms of administrative activity of public administration, administrative coercion and administrative enforcement. The steady development of social relations in administrative law, the improvement of modern technologies, as well as the formation of an information society, could not but affect the state of efficiency of modern administrative and legal protection. The author states that the effectiveness of administrative and legal protection is an integral part of the theory and practice of such protection. Effectiveness of administrative and legal protection is the ability of public administration based on the norms of administrative law to qualitatively and timely restore violated rights, freedoms and legitimate interests of non-authorized individuals and legal entities, public interest of the state and society. Four levels of effectiveness of administrative and legal protection have been formed: sufficient, when the tasks of the public administration in restoration of violated rights of non-authorized persons are generally fulfilled in the normative-legal acts; insufficient, characterized by frequent cases of non-renewal of violated rights and freedoms of man and citizen, but not characterized by systematic; crisis, when there are systematic violations of rights, freedoms and legitimate interests of individuals and legal entities, they do not receive from the state through the indirect activity of the public administration of protection, and dissatisfaction of citizens acquires a significant social weighty protest; is ineffective when the violated rights and freedoms and legitimate interests of individuals and legal entities are practically not restored, and the law-enforcement system is full of corruption, while the norms of administrative-legal protection change their humane and fair essence and themselves become factors of the destabilization of social relations. It is concluded that administrative-legal protection exists through a system of administrative-legal norms, and at the same time it is proved that it can not, from the point of view of epistemology of law, exist in such narrow limits as the state determines, it reflects objective social relations, protects the most important values, Which during this period of time may not yet find the formal registration in the sources of administrative law, is provided on the basis of administrative law and simultaneously governed by the norms of administrative law, which will establish not only the state, although it primarily. Four levels of effectiveness of administrative and legal protection have been formed: sufficient, when the tasks of public administration set forth in normative legal acts in relation to the restoration of violated rights of non-authorities as a whole are fulfilled; insufficient, characterized by non-isolated cases, not the restoration of violated rights and freedoms of man and citizen, but not characterized by systematic; crisis, when there are systematic violations of rights, freedoms and legitimate interests of individuals and legal entities, they do not receive protection from the state through the indirect activity of the public administration; the dissatisfaction of citizens acquires significant social protest; is ineffective when the violated rights and freedoms and legitimate interests of individuals and legal entities are practically not restored, and corruption penetrates the law-enforcement system, while the norms of administrative-legal protection change their humane and fair essence and they themselves become factors of destabilization of social relations.

scholarly journals Essence and features of administrative and legal regulation within administrative law of Ukraine

2018 ◽  
Vol 83 (4) ◽  
pp. 68-75
Author(s):  
R. V. Igonin ◽  
M. V. Viktorchuk
Keyword(s):  
Social Relations ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
Law And Order ◽  
Public Interests ◽  
Legal Provision ◽  
Legal Norms ◽  
Management Function ◽  
Protection Of Human Rights

The essence and features of administrative and legal regulation, its purpose and correlation with other concepts within administrative law of Ukraine have been clarified. It has been emphasized that legal regulation provides mainly authoritative and management function; its result is the establishment of law and order in society, it focuses on constitutional law and carries out the legalization of the principles of law. It has been determined that administrative and legal regulation is the state’s activity in order to regulate social relations with the help of the norms of law. It has been revealed that administrative and legal regulation has the relevant features that distinguish it among other types of regulation, in particular: 1) it is a mean of influence of the state on social relations; 2) it is carried out with the help of legal means, which constitute the mechanism of administrative and legal regulation; 3) its purpose is to streamline the state and authoritative relations; 4) it establishes the rights and obligations of the participants in administrative and legal relations. The authors have carried out the differentiation of the concepts of administrative and legal regulation and administrative and legal provision. It has been established that administrative and legal provision is a guarantee for the realization, security and protection of human and citizen’s rights and freedoms within administrative and legal relations and represents a set of mechanisms, tools and methods provided by the current legislation, through which administrative and legal regulation is carried out. The objective of administrative and legal regulation has been determined – it is compliance with the state policy regarding the development of administrative legal relations, creation of effective administrative, legal, economic, organizational and procedural rules; ensuring the observance and protection of human rights and freedoms, as well as their effective protection in case of violation; prevention of offenses by the subjects of administrative relations. It has been concluded that during administrative and legal regulation there are relations concerning: 1) the realization of public interests of individuals and legal entities, as well as general and public interest of the state; 2) the implementation of imperative and authoritative competence of public administration agencies; 3) the observance of certain rules established by the state within administrative and legal norms.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

Criminal law as a means of protecting human rights and freedoms in the modern world

2021 ◽  
Vol 28 (3) ◽  
pp. 248-256
Author(s):  
Viktoriia V. Haltsova ◽  
Sergiy O. Kharytonov ◽  
Oleksandr M. Khramtsov ◽  
Oleksandr O. Zhytnyi ◽  
Andrii A. Vasyliev
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
Social Relations ◽  
Criminal Law ◽  
Legal Protection ◽  
Legal Regulation ◽  
Modern World ◽  
Legal Provisions ◽  
Protection Of Human Rights ◽  
Legitimate Interests

This paper is a comprehensive study of the problems of criminal law as a remedy for human rights and freedoms in the modern world. The relevance of this subject lies in the systematic violations of constitutional human rights and freedoms and the inaction of the criminal law in such cases. Nowadays, the criminal law as a remedy for human rights and freedoms in national and international law is described by imperfection in its adaptation to rapidly changing social relations, which, accordingly, leads to problems in their legal protection. There are various reasons for this in the legal sphere, such as gaps in the legal provisions, conflicts of legal regulation and inconsistency of the rules of legislation with existing public relations in the state. All of the above determines the relevance of the subject matter of this study. Thus, the purpose of this study was a comprehensive analysis of theoretical and applied issues relating to the remedies for human rights and legitimate interests against socially dangerous encroachments, and the formulation of scientifically sound proposals for improving the current legislation of Ukraine and the practice of its application in this area. Ultimately, this study identified the legal characteristics of human rights and freedoms at both the national and international levels. The remedies for rights were demonstrated through the lens of criminal law. In addition, the study analysed the forms of implementation of international practice in the national legislation of Ukraine as a remedy for human rights and freedoms in the modern world. The significance of the results of this study was expressed in the further research of related subjects concerning this issue, namely the history of the development of EU criminal law standards and the historical establishment of the concept of human and citizen rights and legitimate interests. Furthermore, the materials of this study can be used in the preparation of educational materials, methodological recommendations, as well as training in various fields of legal science. This, in turn, will allow properly using the criminal law protection of human rights and freedoms without violations on the part of criminal justice bodies

PECULIARITIES OF DEVELOPMENT AND LEGAL REGULATION OF ACTIVITY OF STATE-OWNED ENTERPRISES IN RUSSIA IN THE 17th – THE 21st CENTURIES

2018 ◽  
pp. 149-154
Author(s):  
Denis Viktorovich SHEPELEV ◽  
Dina Viktorovna SHEPELEVA
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
Domestic Legislation ◽  
Regulation Of Activity ◽  
Legal Structures ◽  
Legitimate Interests ◽  
Modern Economic ◽  
Commercial Organizations ◽  
State Defense

The peculiarities of the historical way of development of state-owned enterprises and the expression of their legitimate interests in obtaining profit are considered. That acquires the actual aspect taking into account modern economic realities and market conditions. The development of social values that make up the legal culture of society is dynamic with the market and economy development. The existence on the market of such public legal structures as state-owned enterprises allows the state simultaneously to make profit and realize specific, sometimes unique goals and objectives, such as the implementation of separately subsidized activities, chemical and military industries. By their legal nature, state-owned enterprises have the purpose of making a profit and are commercial organizations. The concept of “state-owned enterprise” had not been directly fixed in the domestic legislation until the adoption of the Civil Code of the Russian Federation. Such formulations as “state-owned factories”, “state-owned plants” were typical for state-owned enterprises in the pre-revolutionary period. In this regard the use of the term “state-owned enterprises” was applicable to all state-owned industry. In Soviet legislation the term “enterprise” was used without specifying the characteristics that reflect their state nature. It is concluded that the historical way of state-owned enterprises formation in Russia has passed a rather long and complicated process from the point of view of ownership, but the essence and historical purpose of the creation have not changed – it is the state defense and industry maintenance.

scholarly journals ADMINISTRATIVE LAW MECHANISM FOR THE IMPLEMENTATION OF PRIVATE INTERESTS

2020 ◽  
Vol 1 (37) ◽  
pp. 57
Author(s):  
L. Konduforova
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Administrative Law ◽  
Legal Norms ◽  
Private Interests ◽  
The Subject ◽  
Definition Of ◽  
Legal Mechanism ◽  
Structural Methods

The subject of the article is the determination of the essence of the administrative-legal mechanism for the implementation of private interests. The purpose of the article is to formulate the concept of this mechanism and to determine its elements. This goal led to the use of formal-dogmatic and system-structural methods with which the author determines the structure of the administrative-legal mechanism for the implementation of private interests. The author offers his own definition of administrative and legal mechanism for the implementation of private interests. The results of the study can be used in legislative work in the field of protecting the rights and freedoms of participants in public relations, as well as in law enforcement.Key words: administrative-legal mechanism, administrative-legal relations, administrative-legal norms, private interests, public administration, administrative-legal means.

ON THE LEGAL NATURE OF STATE REGISTRATION OF REAL ESTATE OWNERSHIP

2017 ◽  
Author(s):  
Ihor Binko ◽  
Keyword(s):  
Real Estate ◽  
Social Relations ◽  
Civil Law ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
Special Role ◽  
Real Property ◽  
Procedural Law ◽  
State Registration

The article examines different views on the state registration of real property rights, in particular, indicates that such a process is interpreted by scholars in terms of administrative law as: a type of administrative proceedings or as an institution of law and legislation, or as an administrative service, and in some cases as the way the state performs administrative functions. It is noted that the state registration of rights to real estate especially ownership rights, can be an institution of administrative and civil law or be considered an interdisciplinary institution. In the part in which it is an institution of administrative law, the question arises, to the substantive, ie specifically administrative law or procedural, ie administrative procedural law, this institution can be attributed? Public - legal direction, as well as the legal properties that are endowed with state registration of rights allow us to speak about a certain uniqueness of its public law essence. It plays a special role in private legal relations as a legal mechanism for the emergence, transfer and termination of rights. It is noted that while civil law uses the main dispositive method of legal regulation of civil relations, the studied relations are regulated by the method of imperative prescriptions, in particular imperative are the rules of civil law, which establish the need for state registration, as well as administrative law of procedural nature. It is stated that as part of administrative law the institute under study belongs to its special part, which contains normative material and theoretical provisions governing a particular type of homogeneous social relations, including subsectors and legal institutions, service law, municipal law, administrative law, administrative procedural law.

Using Platforms and Platform Law to Overcome Risks Caused by Digitalization Processes

2020 ◽  
Vol 26 (9) ◽  
pp. 969-974
Author(s):  
A. V. Altoukhov ◽  
S. Yu. Kashkin ◽  
M. V. Kuz’mina
Keyword(s):  
Public Relations ◽  
Information Technologies ◽  
Legal Regulation ◽  
Digital Platforms ◽  
Legal Norms ◽  
Technological Unit ◽  
Legal Risks ◽  
Analytical Work ◽  
Other Information ◽  
Legitimate Interests

Fundamental changes within a country and at the global level can have contradictory consequences for society. The more areas are affected by changes and the deeper these changes are, the more significant the necessary innovations can be. Considering the scale of digitalization and application of artificial intelligence technologies based on it, it can be concluded that we are dealing with an unprecedented phenomenon that needs to be thoroughly assessed by different experts.Aim. The presented study aims to assess risks associated with the implementation of platform solutions without appropriate legislative initiatives, which, in turn, should facilitate the creation of the platform law institution. Today, legal science assesses risks associated with the legislative regulation of processes and creates conditions for safe and productive interaction with new mechanisms.Tasks. The authors examine current legislation to create conditions for protecting the rights and legitimate interests of legal entities in their interaction with cutting-edge digital solutions and for analyzing the possibility of full-scale application of digital platforms on this basis; estimate the legal risks of applying digital innovations under current conditions.Results. Analytical work has shown that platform solutions are a new technological unit that cannot be fully regulated by existing legal norms due to its technological features. The lack of personalized legal regulation of platforms not only infringes the rights of citizens providing various public and other services using digital technologies, but also creates conditions for the aggravation of the crime situation and the development of new types of crime.Conclusions. The main risks of mass digitalization are considered. The technological features of innovations make it necessary to develop a branch of law that would regulate public relations during interaction with platform solutions and other information technologies. The authors propose a new complex mechanism of legal regulation — platform law, which will make using platforms completely safe and efficient in all sectors of society.

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