scholarly journals INSTITUTE OF PRE-EMPTION AND MEDIATION IN ENSURING THE RIGHTS OF INDIVIDUAL ENTREPRENEURSHIP SUBJECTS: PRACTICE AND PROSPECTS

2019 ◽  
Vol 3 (88) ◽  
pp. 177
Author(s):  
Anna Rozhkova
Keyword(s):  
Preventive Measure ◽  
The State ◽  
Legal Consciousness ◽  
Government Control ◽  
Government Officials ◽  
Public Authorities ◽  
Basic Principles ◽  
State Supervision ◽  
Individual Enterprise ◽  
Public Rights

This paper is devoted to the issues of using prevention institutes and the mediation in rights ensuring institute of individual enterprise in the sphere of the control by public authorities. The aim of the research is to analyze the peculiarities of practice to use the methods of inspection by the state supervision agency in order to ensure the rights of    individual enterprise’s subject. The aim of the research is linked to the contradictory problems during the implementation of inspection’s legal nihilism of government officials’ right treatment during of inspections and possible essential risks for IE and effect lowering of rights securing. The novelty of the work is expressed in topicality and justification of the prevention institute in order to minimize the risks to ensure the legal consciousness and the rights of individual enterprise. According to this aim several tasks have been solved and as result some basic principles have been formulated and the conclusions were drawn. More precise definitions were provided to the understanding of distinction “government control” and “checking” via the assistance of intercommunication establishment through the general and special principles of material and procedural mutual concern, which are topical for an individual enterprise owing to minimization of administrative risks. Having been based the efficacy of Institute of prevention as the method of preventive measure and influence on the behavior of the characters of individual enterprise. So in sphere of rights ensuring of characters of Individual enterprise the principles of conclusive reasons for conducting preliminary verifications was suggested. The efficiency of the mediation institute in the sphere of public rights was justified.

Restructuring as an regulation instrument for the sanatorium complex in the Russian Federation

2014 ◽  
Vol 8 (9) ◽  
pp. 24-35
Author(s):  
Елена Подсевалова ◽  
Elena Podsevalova ◽  
Шахло Зикирова ◽  
Shakhlo Zikirova ◽  
Ольга Свирюкова ◽  
...  
Keyword(s):  
Information Technologies ◽  
State Level ◽  
The State ◽  
Health Resort ◽  
Physiological Factors ◽  
Public Authorities ◽  
State Supervision ◽  
System Establishment ◽  
Main Components ◽  
Conceptual Foundations

The article highlights the necessity for restructuring sanatorium complex, indicates a need for the development and implementation of the state program of restructuring the network of companies of the sanatorium complex as an instrument of state influence, and reveals the specificity of services provided by enterprises belonging to the sanatorium-resort complex. The authors examine the elements of the sanatorium complex. Its main components are the enterprises, the activities of which are directly determined by the specifics of sanatorium services and have less to do with the treatment, but with the preservation of health. Sanatorium services are not essential services, so the demand for them is determined by social and psycho-physiological factors. No less a significant element of the sanatorium complex controls are different levels. Resort business in Russia has historically been considered an object of state social policy, which is why the activities of management in view of the prevailing conditions in fact aimed at ensuring its development. In this regard, management of the sanatorium complex on the part of public authorities is using such methods and forms, as program-oriented planning; achieving stability of the tax system; establishment of a regime of tax allowances for companies in this sector; government contracts; coordination of the activities of companies in the health resort; management of state property; prioritization of structural policy; antitrust regulation; provision of information services based on the introduction of new information technologies; licensing; certification; state supervision. The article analyzes the differences in concepts such as "restructuring" and "reform"; and also addresses issues of reforming the enterprises of a service that involves a restructuring, and the factors that determine the need for restructuring the sanatorium complex, as well as for identifying deficiencies in operational planning and management in terms of restructuring. The authors note the need for the development and implementation of the conceptual foundations of respect for the health at the state level.

scholarly journals ALGORITHM OF ACTIONS OF AUTHORIZED OFFICIALS OF THE SES DURING STATE SUPERVISION (CONTROL)

Fire Safety ◽  
2021 ◽  
Vol 38 ◽  
pp. 12-17
Author(s):  
O. Miller ◽  
A. Kharchuk
Keyword(s):  
Fire Safety ◽  
The State ◽  
Executive Power ◽  
Practical Implementation ◽  
Civil Protection ◽  
Basic Principles ◽  
Safety Requirements ◽  
State Management ◽  
State Supervision ◽  
Internal Affairs

Introduction. The concept of the SES stipulates that officials exercising state supervision (control) are obliged to detect and prevent violations of fire and technogenic safety requirements established by law [14]. Іn such situations, he bears full responsibility for violation of the requirements of fire, technogenic safety established by the legislation.Purpose. To propose an algorithm of actions of authorized officials during state supervision (control) in the field of technogenic and fire safety during the practical implementation of the provisions of the Civil Protection Code of Ukraine (further- the CZU Code) and the Law of Ukraine "On Basic Principles of State Supervision (Control)" Dated April 5, 2007 (further- Memorandum № 877).Methods. Analysis of existing regulations governing the implementation of state supervision (control) in the field of tech-nogenic and fire safety and its practical implementation by authorized officials of the SESResults. Ways to improve the activities of state supervision (control) in the field of fire and technogenic safety and the powers of officials to implement it are considered. The main directions of implementation of preventive measures by state supervision bodies are given. The necessity of using a new approach to the state management of fire, technogenic safety and civil protection is highlighted. Conclusion. Order of the Ministry of Internal Affairs of Ukraine "On approval of the Instruction on registration of materials on administrative offences and recognition as invalid of some orders of the Ministry of Internal Affairs of Ukraine" from 27.07.2016 № 725 should be supplemented with a clause on the interaction of article 185-14КУпАП. "Creation of obstacles in the activity of authorized officials of the central body of executive power, which implements the state policy on state supervision (control) in the field of fire and technogenic safety, related to conducting inspections".  

scholarly journals INFORMATION OPENNESS AS A MEANS OF INCREASING THE QUALITY OF LEGISLATION IN THE SOCIO-ECONOMIC SPHERE

2021 ◽  
pp. 104-112
Author(s):  
G. A. Vasilevich
Keyword(s):  
Law Enforcement ◽  
Information Technologies ◽  
Political Process ◽  
The State ◽  
Legal Consciousness ◽  
Public Authorities ◽  
State Administration ◽  
State And Society ◽  
New Type

In modern conditions, the paternalistic type of relations between the state and the person, between the state and society, is being replaced by a new type of relationship between these subjects. The growth of legal culture, legal consciousness of citizens is changing the previously established paradigm of relations: the number of people who recognize themselves as full-fledged subjects of the political process is growing. Sustainable socio-economic development of the state is directly dependent on the extent to which rule-making and law enforcement effectively affect social processes, to what extent the expectations of citizens from the activities of state authorities are justified.The development of information technologies significantly changes the role of citizens, public organizations in making government decisions, and has a significant impact on this process. State administration is carried out through the adoption of legislative acts and law enforcement. Information openness (transparency) of actions in these areas is an important factor in the legitimacy of public authorities.

Окремі проблеми визначення ефективності правового регулювання та ефективності його механізму з урахуванням їх проявів у сфері прикордонної безпеки України

2019 ◽  
Vol 24 ◽  
Author(s):  
О. Б. Ганьба
Keyword(s):  
Law Enforcement ◽  
Regulatory Mechanism ◽  
Legal Regulation ◽  
The State ◽  
Border Security ◽  
Legal Consciousness ◽  
Right Wing ◽  
Public Authorities ◽  
Current State

The article analyzes the approaches of various scholars to determine the effectiveness of legal regulation and its mechanism as general theoretical categories and manifestations of their effectiveness in the field of border security of Ukraine.The author points out that most scientists limit their coverage to the effectiveness of legal regulation as a whole, bypassing the problem of the effectiveness of its mechanism. Attention is also drawn to the fact that some researchers in their scientific works generally ignore the coverage of both the effectiveness of legal regulation and the effectiveness of its mechanism.The paper proposes factors to determine the effectiveness of legal regulation and its mechanism by various scholars. At the same time, the factors that reduce such efficiency are listed. Among them, the author calls, first of all, the following: backlog of rulemaking from new challenges and threats that take place in the field of Ukrainian border security; the complexity and multifaceted application of the rules of law in the field; the state of legal consciousness and legal culture of the subjects of right-wing activity, as well as the current state of economic, political and law-enforcement development of society and the state as a whole; quality of staffing of the legal and regulatory activity of public authorities, etc.It is argued that the categories of “regulatory effectiveness” and “regulatory mechanism effectiveness” are not identical, and the author proposes five positions to delineate the investigated efficiencies.Finally, the paper emphasizes that proving the lack of an identity between the effectiveness of legal regulation and the effectiveness of the regulatory mechanism will allow the further use of these valuation concepts as different, though closely related.

Blockchain technologies and their application in governmentadministration

2019 ◽  
pp. 182-190
Author(s):  
Myroslav Kosіak ◽  
Inna Kosіak
Keyword(s):  
The State ◽  
Public Authorities ◽  
Property Insurance ◽  
Data Registration ◽  
State Management ◽  
Digital World ◽  
Blockchain Technology ◽  
The Government ◽  
Historical Comparative ◽  
Methods Analytical

The purpose of the article. The article considers the Blockchain technology asan innovative tool. In particular, the essence and background of the developmentof blocks, the principles and specifics of the functioning of the system, as well asthe scheme of its work, are determined. The article presents the prospects forusingdistributed registry technologies (blockchain) in various socioeconomic spheresrelated to state administration. Provided examples and forecasts of the use ofblockchain technologies in the provision of state and municipal services forindividuals and legal entities in the following areas: formation of a unified registercontaining the history of the placement of the state, municipal order, as well asprocurement of corporations with state participation and / or control; registers ofdocuments (diplomas, certificates, lost and disavowed passports, policies for movableand immovable property insurance, health, etc.); database of court decisions andexecutive proceedings; public participation portals for citizens of Ukraine district- city – country. The fact that the blockchain technology is, first of all, theprinciples, and not the only possible way of implementing them, allows us to counton maximum openness and multivariate application in a dynamically changingchanging«digital world». Methodology. The research methodology is to use a combinationof methods: analytical, historical, comparative. The scientific novelty. The priorityof state blockchain systems introduction in stationary and distant voting, distributeddocument circulation, medical data registration, land resources registration,electronic auctions (auctions) in Ukraine was grounded. Conclusions. Already today,blockchain systems can change the role and participation of citizens in the conductof the state-management process, by raising the responsibility level, from thetransparent will expression in the elections to regulating the government serviceactivity in the society’s digitization conditions. The main advantages blockchainsystems using by public authorities that will increase the level of citizens trust todigital technologies using in general, namely: reliability and reliability of datastorage, transparency of transactions and virtually absolute protection of informationfrom distortion and unauthorized removal (relocation), are determined. In furtherscientific research it is proposed to consider the promising areas of the blockchaindigital technology usage: service activities of public authorities, legal proceedings,property rights management, implementation of migration control, verification ofgoods and services, registration of data on passing qualifying tests, patenting,intellectual property, digital identification, logistics , taxation, accounting ofbudget funds movement.

The Goal of the Moment (Summary of the Lecture Delivered by Ivan Ilyin in May 1917)

2019 ◽  
Vol 60 ◽  
pp. 424-428
Author(s):  
Alexandra I. Vakulinskaya
Keyword(s):  
The State ◽  
October Revolution ◽  
Legal Consciousness ◽  
New Order ◽  
History Of ◽  
The Moment

This publication is devoted to one of the episodes of I. A. Ilyin’s activity in the period “between two revolutions”. Before the October revolution, the young philosopher was inspired by the events of February 1917 and devoted a lot of time to speeches and publications on the possibility of building a new order in the state. The published archive text indicates that the development of Ilyin’s doctrine “on legal consciousness” falls precisely at this tragic moment in the history of Russia.

Парламент или Советы: российский выбор 1918 года

2016 ◽  
Vol 14 (3) ◽  
pp. 93-99
Author(s):  
Игорь А. Исаев
Keyword(s):  
Legal History ◽  
Direct Action ◽  
The State ◽  
European Countries ◽  
The Political ◽  
Political Systems ◽  
Basic Principles ◽  
Political Form ◽  
The Revolution

The article deals with one of the most important issues in the Soviet political and legal history. The choice of the political form that was established almost immediately after the victory of the Bolsheviks in the Revolution of 1917, meant a change in the direction of development of the state. Councils became an alternative to the parliamentary republic. The article analyzes the basic principles of both political systems and the reasons for such a choice. The author emphasizes transnational political direction of the so-called “direct action” which took place not only in Russia, but also in several European countries.

PERSINGGUNGAN KEWENANGAN MENGADILI PENYALAHGUNAAN DISKRESI ANTARA PENGADILAN TUN DAN PENGADILAN TIPIKOR / INTERCEPTION OF JUSTICE AUTHORITY OF DISCRETION ABUSE BETWEEN ADMINISTRATION COURT AND CORRUPTION COURTS

2018 ◽  
Vol 7 (2) ◽  
pp. 213
Author(s):  
Budi Suhariyanto
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Administrative Law ◽  
The State ◽  
Government Officials ◽  
Criminal Process ◽  
The Supreme Court ◽  
State Finance ◽  
The Law ◽  
To Receive

Diskresi sebagai wewenang bebas, keberadaannya rentan akan disalahgunakan. Penyalahgunaan diskresi yang berimplikasi merugikan keuangan negara dapat dituntutkan pertanggungjawabannya secara hukum administrasi maupun hukum pidana. Mengingat selama ini peraturan perundang-undangan tentang pemberantasan tindak pidana korupsi tidak merumuskan secara rinci yang dimaksudkan unsur menyalahgunakan kewenangan maka para hakim menggunakan konsep penyalahgunaan wewenang dari hukum administrasi. Problema muncul saat diberlakukannya Undang-Undang Nomor 30 Tahun 2014 dimana telah memicu persinggungan dalam hal kewenangan mengadili penyalahgunaan wewenang (termasuk diskresi) antara Pengadilan Tata Usaha Negara dengan Pengadilan Tindak Pidana Korupsi. Pada perkembangannya, persinggungan kewenangan mengadili tersebut ditegaskan oleh Peraturan Mahkamah Agung Nomor 4 Tahun 2015 bahwa PTUN berwenang menerima, memeriksa, dan memutus permohonan penilaian ada atau tidak ada penyalahgunaan wewenang (termasuk diskresi) dalam Keputusan dan/atau Tindakan Pejabat Pemerintahan sebelum adanya proses pidana. Sehubungan tidak dijelaskan tentang definisi dan batasan proses pidana yang dimaksud, maka timbul penafsiran yang berbeda. Perlu diadakan kesepakatan bersama dan dituangkan dalam regulasi tentang tapal batas persinggungan yang jelas tanpa meniadakan kewenangan pengujian penyalahgunaan wewenang diskresi pada Pengadilan TUN.Discretion as free authority is vulnerable to being misused. The abuse of discretion implicating the state finance may be prosecuted by both administrative and criminal law. In view of the fact that the law on corruption eradication does not formulate in detail the intended element of authority abuse, the judges use the concept of authority abuse from administrative law. Problems arise when the enactment of Law No. 30 of 2014 triggered an interception in terms of justice/ adjudicate authority on authority abuse (including discretion) between the Administrative Court and Corruption Court. In its development, the interception of justice authority is affirmed by Regulation of the Supreme Court Number 4 of 2015 that the Administrative Court has the authority to receive, examine and decide upon the appeal there is or there is no misuse of authority in the Decision and / or Action of Government Officials prior to the criminal process. That is, shortly before the commencement of the criminal process then that's when the authority of PTUN decides to judge the misuse of authority over the case. In this context, Perma No. 4 of 2015 has imposed restrictions on the authority of the TUN Court in prosecuting the abuse of discretionary authority.

REKONSTRUKSI DAN REAKTUALISASI LITERASI EKOLOGI SOSIAL ISLAM

1970 ◽  
Vol 13 (2) ◽  
Author(s):  
Heru Kurniawan
Keyword(s):  
Natural Environment ◽  
Social Ecology ◽  
Social Space ◽  
The State ◽  
Ecological Literacy ◽  
Human Interaction ◽  
Basic Principles ◽  
Ecological Awareness ◽  
Social Ecological ◽  
The Social

Literasi ekologi sosial Islam adalah interaksi manusia dengan lingkungan alam, teknologi, dan sosial yang didasarkan pada prinsip dasar Islam. Rekonstruksi literasi ekologi sosial Islam yang bisa direkonstruksi adalah prinsip dasar Islam yang menegaskan posisi manusia sebagai “pemimpin” yang diberi “amanah” untuk mengelola “bumi” atau “lingkungan alam dan sumber daya alam” sebaik-baiknya. Rekonstruksi literasi ekologis inilah yang kemudian akan diaktualisasikan pada masyarakat. Proses aktualisasi adalah kegiatan aktual dalam menanamkan kesadaran ekologi sosial Islam pada masyarakat yang mana dilakukan dalam ruang sosial keluarga, masyarakat, dan sekolah yang diorganisasi oleh negara melalui kebijakan dan peraturan per undang-undangan. Dengan proses rekonstruksi dan aktualisasi yang terstruktur ini, maka negara akan aktif membangun kesadaran ekologis sosial Islam dengan aktif dan terstruktur dengan baik guna mewujudkan basis kesadaran, ilmu pengetahuan, dan tata nilai ekologi sosial Islam pada masyarakat. Literacy on Islamic social ecology is the human interaction with the natural environment, technology, and social which is based on the basic principles of Islam. Reconstruction of literacy on Islamic social ecology that can be reconstructed is a basic tenet of Islam that affirms the human position as a "leader" by "mandate" to manage "Earth" or "natural environment and natural resources" as well as possible. Reconstruction of ecological literacy is then to be actualized in society. The process of actualization is actual activity in instilling awareness of the social ecology of Islam in the society which is done in the social space of families, communities, and schools organized by the state through policies and regulations. With the process of reconstruction and actualization, then the state will actively build social-ecological awareness of Islam in order to realize a base of awareness, knowledge, and values of Islamic social ecology in society.

Documents from the State Archive of the Orel Region as a Source for Studying Peasant Legal Sense in Early 20th Century

2018 ◽  
pp. 98-108
Author(s):  
Vadim V. Kulachkov ◽  
Keyword(s):  
20Th Century ◽  
Comparative Method ◽  
Arable Land ◽  
The State ◽  
Early 20Th Century ◽  
State Archive ◽  
Public Authorities ◽  
Agrarian Question ◽  
Archival Documents ◽  
Legal Sense

The article studies documents from the State Archive of the Orel Region (GAOO) as an important source for studying the sense of justice of the Oryol gubernia peasants in early 20th century. Introduction of new archival materials allows to flesh out our knowledge and to produce a true-to-life picture of the Oryol peasants’ way of life. The peasant origins of the majority of the population necessitate a comprehensive study of peasant legal consciousness. Historical legacy is pertinent to present day, and forgetting its lessons is fraught with consequences. Evolution of modern Russian statehood hedges on its historical and legal traditions. The article studies documents in the fonds of public authorities, police, gendarmerie, courts, and prosecution offices. Introduction of new materials of public authorities, police, gendarmerie, courts, and prosecution offices into the scholarship promotes the analysis of the evolution of peasant legal sense in early 20th century. The chronological framework of the article is limited to the period from 1900 to 1917, its territorial framework is limited to the Oryol gubernia in its pre-revolutionary borders. The article studies reports, dispatches, and circular letters using the comparative method. The intensification of peasant protest was incidental to the first Russian revolution of 1905-1907 – the peasants hoped to force the government to settle the agrarian question, wherein lay the crux of their interests. As peasants of the Oryol gubernia suffered from shortage of arable land, antimonarchical sentiments gained momentum and translated a growing number of trials for contempt of the Emperor. Illegal literature spreading among the peasants, further radicalized them, and the authorities grew more and more hesitant in their assessment of peasant loyalty, which is quite intelligible in the archival documents. Thus, the use of new archival documents in addition to published materials promotes the scholarship on the peasant legal sense.

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