scholarly journals THE COMPOSITION OF THE ADMINISTRATIVE OFFENCE AND THE PROBLEMS OF ITS QUALIFICATIONS

2021 ◽  
Vol 1 (91) ◽  
pp. 47-53
Author(s):  
Jelena Zikina
Keyword(s):  
Theoretical Study ◽  
Legal Basis ◽  
Legal Science ◽  
The Subject ◽  
The Law ◽  
Objective Side ◽  
Necessary And Sufficient ◽  
Subjective Side ◽  
Administrative Responsibility

The administrative-legal science pays a great attention to the study of administrative offences’ qualification. When analyzing any part of an administrative offence, the issues of qualification always take the lead. This paper focuses on the most controversial and at the same time practically important issues. The composition of an administrative offence is a legal basis for the qualification of an administrative offence in accordance with a specific article of the law establishing administrative responsibility.The structure of an administrative offence is a combination of four elements: the object, the objective side, the subjective side and the subject, the presence of which is necessary and sufficient for the recognition of a socially harmful act as an administrative offence. These elements are called necessary because they must be present in any case when deciding whether to bring to administrative responsibility. In the absence of at least one of these elements, a person cannot be held administratively liable.In this paper, the composition of an administrative offence is considered as the basis for the qualification of administrative offences. In connection with the mentioned above, the problems’ study of administrative offences’ qualification, necessitates the further theoretical study of issues related to its concept, purpose, and implementation.

scholarly journals Administrative responsibility for the violation of public order and safety rules movement on railway transport

Legal Ukraine ◽  
2020 ◽  
pp. 23-30
Author(s):  
Rustam Agakaryan
Keyword(s):  
Service Sector ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Railway Transport ◽  
Railroad Tracks ◽  
The Subject ◽  
Correct Application ◽  
Objective Side ◽  
Subjective Side ◽  
Administrative Responsibility

Questions regarding qualification of administrative offences established under Art. 109 of the Code of Ukraine on Administrative Offences. Their implication in the service sector of JSC «Ukrainian railways» is illustrated. Identified gaps in the legal regulation of administrative responsibility and rules of citizens’ behaviour on railway transport. Over the past five years almost 20,000 offenses under Art. 109 of Code of Ukraine on Administrative Offenses were commited. Their legal analysis is necessary for the correct application of the law provisions that establish administrative responsibility and govern the relations that represent the object of these offenses. As a result of analysis of the bodies of administrative offences under the Art.109 of Code of Ukraine on Administrative Offenses the deficiencies of legal regulation under administrative law of relations of responsibility and relations that constitute the objects of these offenses were identified. In Part 3 of Article 109, two offenses are represented, that differ by both — the object and the objective side. Use of different categories for the formulation of rules that affect the characteristics of both — objective and subjective sides of the offense under Part 6 of Article 109 of Code of Ukraine on Administrative Offenses, namely: «to place objects on rails», «to leave objects on the raiway tracks», «to put objects on railway tracks» complicates the qualification of this offence. Key words: Administrative offences, the Ukrainian railway, the legal relations, the object, the objective side, the subject, the subjective side of the administrative offense, the placing objects on the railroad tracks.

COUNTERING MATCH-FIXING: COMPARISON OF CRIMINAL LAW AND SPORTS LAW REGULATION ON THE EXAMPLE OF THE RUSSIAN ICE HOCKEY FEDERATION

2021 ◽  
Author(s):  
Евгения Германовна Ветрова ◽  
Илья Александрович Васильев
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Ice Hockey ◽  
Sports Law ◽  
The Subject ◽  
The Russian Federation ◽  
Similarities And Differences ◽  
Objective Side ◽  
Subjective Side

В статье проводится сравнение положений ст. 184 УК РФ (Оказание противоправного влияния на результат официального спортивного соревнования) и соответствующих статей Дисциплинарного Регламента Федерации Хоккея России. Автор произвел сравнение составов анализируемых правонарушений: объекта, субъекта, объективной стороны и субъективной стороны и указал их сходства и отличия. The article compares the provisions of Article 184 of the Criminal Code of the Russian Federation (Illegal influence on the result of an official sports competition) and the corresponding articles of the Disciplinary Regulations of the Russian Ice Hockey Federation. The author compared the components of the analyzed offenses: the object, the subject, the objective side and the subjective side, and indicated their similarities and differences.

scholarly journals ADMINISTRATIVE OFFENCE IN THE FIELD OF INTELLECTUAL PROPERTY AS THE GROUND FOR ADMINISTRATIVE LIABILITY

2020 ◽  
pp. 19-29
Author(s):  
Andrii Khridochkin ◽  
Petro Makushev
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Public Relations ◽  
Intellectual Property Rights ◽  
Social Harm ◽  
The Subject ◽  
Definition Of ◽  
Objective Side ◽  
Subjective Side ◽  
Legal Consequences

The article deals with homogeneous group of administrative offences - administrative offences in the field of intellectual property as a basis of administrative liability. It is emphasized that the objective features of this administrative offence are its social harm, wrongfulness and punishment, and subjective ones are guilt and subjectivity. It is emphasized that only in the presence of all these features can one speak of qualifying an individual’s act as an administrative offence and resolving the issue of bringing him to administrative liability. The definition of the term “administrative offence in the field of intellectual property” is proposed as envisaged by the legislation on administrative liability of socially harmful, unlawful, guilty act, committed by the subjects of such unlawful acts that encroach on the set of property and personal non-property rights to the intellectual results. It is established that all warehouses of administrative offences in the field of intellectual property (art. 51-2, 107-1, 156-3 (in the part concerning intellectual property objects), 164-3, 164-6, 164-7, 164-8, 164-9, 164-13) there are such elements as objective signs and subjective features, which in their unity form the composition of administrative offences of this group. It is noted that the only generic object of these administrative offences is the group of public relations of intellectual property, which are protected by the law on administrative liability, and the subject of this group of public relations are objects of intellectual property. It is proved that the objective side of administrative offences in the field of intellectual property is a set of ways of infringement of intellectual property rights. Attention is drawn to the fact that in practice the violation of intellectual property rights to different objects has different economic, social and legal consequences, and therefore the degree of their social harm is different, and therefore there is a need to differentiate administrative liability depending on the intellectual property. Subjective signs of the administrative offences of this group, which are represented by their subject, are established, and the subjective side is characterized by the fact that they are committed only intentionally.

scholarly journals methodological conflict between theory and philosophy of law

2021 ◽  
Vol 5 (S3) ◽  
Author(s):  
Sergey S. Shestopal ◽  
Elena A. Kazachanskaya ◽  
Svetlana V. Kachurova ◽  
Evgeniy V. Kachurov
Keyword(s):  
Modern Philosophy ◽  
Ontological Status ◽  
Philosophy Of Law ◽  
Legal Science ◽  
Scientific Disciplines ◽  
The Subject ◽  
The Law ◽  
Theory Of Law

The subject of this research is the recently intensified competition in modern jurisprudence of two equally respectable scientific disciplines: philosophy of law and theory of law. The goal is to demarcate the meaning of these concepts. Their ontological status (essential significance) in relation to the existence of the law, the reflection of which they are, is also considered. Based on analysis of the existential criticism of the dominant forms of modern ideology, it is proved that the existing theories of law depend on these forms. A stable tendency in modern philosophy to return legal science to the origins of philosophical knowledge of legal reality is stated.

scholarly journals THE DATA SUBJECT’S RIGHTS AND LIABILITY FOR VIOLATIONS

2018 ◽  
Vol 2 (83) ◽  
pp. 114
Author(s):  
Sergey Svetlov
Keyword(s):  
Information Technology ◽  
Data Processing ◽  
Personal Data ◽  
Clear Definition ◽  
The Subject ◽  
The Law ◽  
Rights And Interests ◽  
Administrative Responsibility

With the development of information technology, data processing tools for individuals are increasingly used in various areas of life. Their accessibility and simplicity in circulation lead to more and more mass application of technologies in the lives of individuals, organizations, and society. Personal data of individuals are subject to turnover, inevitably there is a need to protect the carriers of this data from using the information received against their rights and interests. Despite the urgency of the problem, the concept of the subject of protection does not have a clear definition, as a result, the participants in legal relations will seek to interpret it depending on their needs. The law determines the administrative responsibility for the violation of the processing of data of individuals, but does not provide for special mechanisms for compensation for the damage caused. Consequently, there is an urgent need to specify the norms related to the protection of these individuals. 

scholarly journals General characteristics of crimes for violation of legislation in the field of domestic services

2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Svitlychnyi Oleksandr ◽  
◽  
Trokhymenko Alina ◽  
Keyword(s):  
Public Relations ◽  
Product Quality ◽  
Consumer Protection ◽  
Legal Norms ◽  
Current State ◽  
Consumer Services ◽  
The Subject ◽  
Business Entities ◽  
Objective Side ◽  
Subjective Side

The article analyzes the current state of legislation, which provides for administrative liability for violations in the provision of consumer services in Ukraine. Attention is drawn to the fact that the main source of norms that establish administrative liability is the Code of Ukraine on Administrative Offenses. The concept of administrative misconduct is revealed by defining its main characteristics. It is established that administrative offenses, where the object is public relations in the field of consumer services are contained in Chapter 12 «Administrative offenses in trade, catering, services, finance and business» (Articles 155, 155-1, 155 -2, 156-1, 164) and Chapter 13 «Administrative offenses in the field of standardization, product quality, metrology and certification» (Article 168-1) of the Code of Ukraine on Administrative Offenses. Administrative offenses in the field of household services are analyzed by the structure of its composition, which contains the object, the objective side, the subject and the subjective side, which together determine the composition of the administrative offense (misdemeanor). The analysis of separate components of structure of structure of an administrative offense is analyzed. It is emphasized that the administrative torts analyzed in this way will contribute to a holistic systematic presentation of the substantive characteristics of administrative offenses and administrative liability for violations of legislation in the field of household services, which gave grounds to establish that in addition to the general subject, the subject of administrative liability individuals – business entities. In order to improve the administrative-tort legislation, it is proposed to differentiate between administrative and legal norms that establish administrative liability in the field of consumer protection and the provision of household services. Keywords: legislation, construction of services, violations, administrative responsibility

scholarly journals Východiská skúmania legitimity vo verejnej politike

2021 ◽  
Vol 22 (1) ◽  
Author(s):  
Dominika Vincová
Keyword(s):  
Political Science ◽  
Legal Basis ◽  
Public Authorities ◽  
Public Power ◽  
Common Basis ◽  
Legal Science ◽  
The Law

Presented contribution deals with legality and legitimacy in the field of political science and sociology with a narrower focus on the mechanisms of legitimization of trust, the issue of acquisition and loss of legitimacy. The concepts of "legitimacy" and "legality" are directly linked to the exercise of official authority. Both the terms "legality" and "legitimacy" have a common basis, based on the law, the law, what is in line with the law. The clarification of legitimacy is based on the premise that what is legitimate must be legal (legal) and, in view of the legal basis, in accordance with objective law. Many ambiguities arise regarding the legitimacy of public authorities, which is questioned and criticized. The question of the legitimacy of the exercise of public power is a historically criticized issue, which is dealt with by sociology, political science and legal science.

scholarly journals THE OBJECTIVE SIDE OF MISUSE OF BUDGET FUNDS, IMPLEMENTATION OF BUDGET EXPENDITURES OR PROVIDING CREDITS FROM THE BUDGET WITHOUT OR EXCEEDED BUDGET PURPOSES

2021 ◽  
pp. 492-509
Author(s):  
D. Shyian ◽  
O. Shyian
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Code ◽  
Criminal Offense ◽  
Active Behavior ◽  
The Subject ◽  
The Law ◽  
Local Budget ◽  
Objective Side

The article deals with the analysis of scientific views, theoretical provisions and legislation, examines the objective side of the misuse of budget funds, for budget expenditures or provision of credits from the budget without determined budget purposes or with its excess. It is proposed to leave part 1 of Art. 210 of the Criminal Code of Ukraine, a socially dangerous act in the form of misuse of the relevant funds as the most common in law enforcement, as well as expanding other forms, replacing them with a socially dangerous action in the form of another expenditures of the relevant budgets or funds. Since inter-budgetary transfers are de jure not included in budget expenditures, it is proposed to add to the name and disposition of Part 1 of Art. 210 of the Criminal Code of Ukraine, an indication of a socially dangerous act in the form of their implementation. As a result of the study, the authors come to the conclusion about the further actualization of the problematic of the objective side of the criminal offense provided for in Art. 210 of the Criminal Code of Ukraine. It is supported the proposal to cover the analyzed criminal law prohibition and other budget violations close in public danger to those directly named in Art. 210 of the Criminal Code of Ukraine to budget violations. It is proposed to determine the objective side of Part 1 of Art. 210 of the Criminal Code of Ukraine in the form of a socially dangerous act in the form of an action: misuse of funds, other expenditures of state or local budgets, or state or local extra-budgetary funds, or the implementation of an inter-budgetary transfer committed contrary to the law or a decision on the local budget. Considering that the analysis of the forms of committing a criminal offense under Art. 210 of the Criminal Code of Ukraine, testifies that it can be committed only in the form of active behavior of the subject of a criminal offense, it is proposed in Part 2 of Art. 210 of the Criminal Code of Ukraine to replace the instruction from an act with an action.

scholarly journals Novels and Innovations in law: concept and correlation

2021 ◽  
pp. 1-14
Author(s):  
Mikhail Yur'evich Osipov
Keyword(s):  
Legal System ◽  
Legal Process ◽  
Legal Norms ◽  
Legal Science ◽  
Improper Use ◽  
The Subject ◽  
The Law ◽  
Form Of Expression

Correlation between the concepts of “novel” and “innovation” in law is one of the topical problems faced by the modern legal science. Its relevance is substantiated by the fact that the improper use of one or another term in legal science (for example, the term "”innovation” instead of the term “novel” may lead to misperception and complicate the research of these legal phenomena. The goal consists in establishing correlation between the concepts of “novel” and “innovation”, as well as the criteria for their classification based on the analysis of the essence of these two concepts. The subject of this article is such principles of the novels and innovations in the legal system that impact the characteristics of these legal phenomena. In the course of research, it was determined that law incorporates both, novels and innovations, which should not be confused, and correlate with each other as a whole (legal novels) and as a part (legal innovations). The article provides classification of legal novels and legal innovations in accordance to various criteria, namely depending on the type of legal process, form of expression (of novels and innovations in law) and (legal novels and innovations). The latter are distinguished by the fact that they are reflected in the legal norms. At the same time, innovations in the law and legal system imply the fundamentally new and (or) significantly improved processes that take place in the legal system, as well as their results. Novelties, in turn, imply any amendments to the law and the legal system.

scholarly journals DEVELOPMENT OF THE LEGAL FRAMEWORK OF PARLIAMENTARY CONTROL IN UZBEKISTAN: THE SUBSTANTIVE PROVISIONS OF THE LAW “ON PARLIAMENTARY CONTROL”

2016 ◽  
pp. 0-0
Author(s):  
Рахим Хакимов ◽  
Rakhim Khakimov
Keyword(s):  
Large Scale ◽  
Theoretical Study ◽  
Legal Framework ◽  
Control Measures ◽  
Control Functions ◽  
The Subject ◽  
The Law ◽  
The Republic ◽  
And Control

The article is devoted to the development of the constitutional and legal framework of parliamentary control in Uzbekistan. It provides an analysis, carried out during the years of independence, of large-scale, successive reforms aimed at strengthening the role, authority and control functions of the Parliament — the Oliy Majlis of the Republic of Uzbekistan. Particular attention is paid to the disclosure of the nature and the content of the Law “Оn parliamentary control” adopted in 2016. Separately, the issues concerning the subject structure of legal relations in the sphere of parliamentary control, the object of parliamentary control, the permissibility and the limits of parliamentary control, its forms, as well as measures taken by the parliamentary response by the results of the control measures are considered. The author made an attempt to justify the provisions of the Law of the Republic of Uzbekistan “On parliamentary control” scientifically and theoretically, identified a number of issues that require scientific and practical discussion and profound scientific and theoretical study.

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