scholarly journals The Problem of Legal Regulation of Claims

2019 ◽  
Vol 6 (1) ◽  
pp. 183-188
Author(s):  
Igor Igorevich Mazurov
Keyword(s):  
Social Relations ◽  
Legal Regulation ◽  
Legal Form ◽  
Legal Recognition ◽  
Legal Obligations ◽  
The Status ◽  
The Subject ◽  
Legal Actor ◽  
Subjective Rights ◽  
State Body

Legal practice is characterized by cases when legal regulation does not achieve its goals in view of ignoring the claims of legal actors. The article searches for ways to solve this problem. The concepts of legal regulation and legal impact are distinguished in the context of their connection with the mechanism of legal claim and the mechanism of its implementation. The main features of legal regulation of legal claims, which are largely due to the nature of the nature of legal claims, are highlighted. The content of legal claims in this case is the main subject of legal impact, while the object of legal regulation are social relations. Legal regulation of legal claims is carried out indirectly, that is, through the creation, modification or cancellation of the conditions for the recognition of their content as legal. The main legal form of recognition of legal claims is their formal legal recognition by authorized state bodies and officials. The conditions for recognizing legal claims presuppose, first of all, the formalization of a person’s legal qualities - legal capacity and legal active capacity, securing the status of a subject of law for a person. In the next turn, the conditions for the recognition of legal claims, in order to ensure acceptable and the most optimal models of social interaction, provide as one of the tools of legal regulation of the relevant subjective rights and legal obligations. At the same time, the excessive complexity of the procedure for the implementation of legal claims creates conditions for illegal ways to ensure the needs and interests. It underlines the pattern of strengthening the degree of legal influence on a legal actor if the subject of legal regulation and the subject of formal legal recognition of legal claims are united in the person of one state body or official.

scholarly journals Public Administration’s Regulatory Acts: Classification Issues

2019 ◽  
Vol 87 (4) ◽  
pp. 71-80
Author(s):  
V. R. Bila
Keyword(s):  
Public Administration ◽  
Legal Regulation ◽  
Public Institution ◽  
Legal Form ◽  
The Public ◽  
Legal Power ◽  
Legal Obligations ◽  
Regulatory Law ◽  
Professional Self ◽  
Subjective Rights

The author has attempted to group public administration’s normative acts. The advantages of classification as the method of cognition of state and legal phenomena and rules of its conduction have been outlined. The criteria for classification of public administration’s regulatory acts have been clarified. That made it possible to specify the content of the components identified as a result of the classification. The author has emphasized the necessity of forming theoretical system of regulatory acts as forms of public administration, establishing their clear hierarchy and competent independence. Based on the competence of the public administration entity, it has been offered to distinguish general, departmental, interagency and local regulatory acts. The author has offered to improve the competence of public administration agencies with regard to normative and legal regulation of public administration relations. The author has indicated on the need to rethink the scope of the concept of local regulatory acts and has offered to include exclusively the acts of professional self-government agencies of socially important professions. The author has emphasized on the necessity to set general requirements for local rule-making in order to avoid procedural violations. According to the functional purpose, the author has offered to distinguish program, regulatory, law enforcement, competence, statutory and structural acts, as well as planning acts. Competent acts define the sphere of responsibility, main tasks and powers, managerial relations within the agency of public administration and its organizational and legal form; structural acts – the territorial and functional structure of public administration agencies, distribution of powers, etc., statutory acts – the procedure of management and functioning of public institution. Program and planning acts do not cause the immediate effects of legal consequences such as the emergence, change or termination of subjective rights and legal obligations and related legal relations, which, however, does not mean that they do not lose the features of normativity. The legal force of such acts will depend on the entity that approved the act: the higher its place in the hierarchy of executive authorities, the higher its legal power.

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.

scholarly journals ON QUESTION OF THE PRINCIPLE OF EQUITY IN THE ENFORCEMENT OF MONETARY OBLIGATIONS

2018 ◽  
Vol 1 (2(14)) ◽  
pp. 99-102
Author(s):  
Halyna Volodymyrivna Zadorozhnia ◽  
Yurij Anatoliyovych Zadorozhnyi ◽  
Ruslana Оlexandrivna Kotsiuba
Keyword(s):  
Research Study ◽  
Legal Regulation ◽  
The State ◽  
Entrepreneurial Activity ◽  
Target Setting ◽  
The Status ◽  
Legislative Proposals ◽  
The Subject ◽  
Legislative Changes ◽  
The Individual

Urgency of the research. Study of the problem of implementation of monetary obligations in the field of banking relations is determined by violation of the principle of equity in relation to individuals. Target setting. The state has actually removed from the regulation of credit relations in the field of ensuring the fulfilment of monetary obligations that arise between the individual and the bank. Actual scientific researches and issues analysis. Many modern scientists (I. Bezklubyi, T. Bodnar, A. Dzera, A. Kolodiy, V. Lutz, I. Opadchiy and others) studied the institution of the fulfilment of monetary obligations. Uninvestigated parts of general matters defining. Behind attention of scientists was left the issue of protecting the rights of individuals who have monetary obligations to the bank and do not have the status of the subject of entrepreneurial activity. The research objective. The purpose of the article is to develop legislative proposals taking into account international and foreign practice in the aspect of protecting the rights of individuals who have monetary obligations to the bank. The statement of basic materials. Specifics of legal regulation of contractual relations is determined between banks and recipients of funds in the aspect of liability for late fulfilment of monetary obligations, propositions to the legislation were substantiated. Conclusions. It is offered to solve the problem of violation of the principle of fairness in the aspect of fulfilment of monetary obligations in the field of banking relations through legislative changes.

scholarly journals Concerning the Legal Regulation of the Order of Weapon Issue to Judges in the Russian Federation

2019 ◽  
pp. 12-20
Author(s):  
Rinat Mikhailovich Karimov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Safety Measures ◽  
Legal Provisions ◽  
The Social ◽  
Analysis And Synthesis ◽  
The Subject ◽  
The Russian Federation

In this article Karimov analyzes whether it is necessary to amend available safety measures in relation to judicial authorities of the Russian Federation. The aim of the research is to analyze the current order of weapon issue to judges in the Russian Federation. The object of the research is the social relations rising in the process of implementation of legal provisions about the order of weapon issue to judges in the Russian Federation. The subject of the research is the legal acts that regulate the order of weapon issue to judges in the Russian Federaton. The researcher analyzes kinds of weapons that can be issued to a judge upon his or her written inquiry. The research is based on the comparative legal analysis of previous provisions about the order of weapon issue to judges and legal provisions that have been implemented just lately. The analysis is also based on the use of such research methods as analysis and synthesis, generalisation and logical research method. The author of the article proves the idea that the legal specificiation of the order of weapon issue to judges in the Russian Federation will eliminate possibility of attacking judges or their family members. The author focuses on the gaps in relevant legal regulations and suggests to review and make changes in the current law that regulates the order of weapon issue to judges. 

scholarly journals Digital Law and Problems of Gradual Transformation of the Russian Legal System

Lex Russica ◽  
2019 ◽  
Vol 1 (9) ◽  
pp. 9-18
Author(s):  
V. N. Sinyukov
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Culture ◽  
Legal Regulation ◽  
Legal Tradition ◽  
Legal Form ◽  
Culture Development ◽  
Digital Law ◽  
Gradual Transformation

The relevance of the topic of the balance between the system of law and processes of digitalization of legal regulation is preconditioned by fundamental changes that are taking place in the legal system of Russia due to current technological challenges. The author qualifies changes under consideration as the processes of gradual transformation of law and its system. The article explores the dynamics of evolution of the legal understanding of the world due to technical progress. The author concludes that the new technological lifestyle pattern changes not only the usual lifestyle of people, but also the nature of legal regulation. The problem of consistent legal interpretation of the technological revolution is presented. It is concluded that the preservation of the systemic unity of the legal form is possible on the basis of the step-by-step revision of foundations of macroorganization of law. The paper demonstrates the difference between the current period of development of law and the classical epoch that proves the fact that the legal culture is about to include the virtual world into its subject matter. A sectoral approach based on monodimensional or complex subjects and methods of legal regulation can no longer provide for the comprehensive understanding of the nature of law. The paper depicts the evolution of notions of the norm and institute of law on the basis of symbiosis of deontic and behavioral elements that characterize the concept of legal technology. The conclusion about normativity of technological processes is made. The article substantiates the place and role of digital law in the process of gradual transformation of the legal system. The article justifies the provision that digital law performs the function of restructuring the legal system. The article reveals the subjects and methods of digital law as a source of law having impact on social relations. The author suggests the concepts of digital environment that creates a new type of lawyerism, namely: digital and analog law, and describes the correlation between them. The author puts forward the hypothesis of fundamental and applied law, describes their subject areas. On the basis of the analysis of the structural evolution of the legal system in the context of technological changes, the author provides for the forecast of parameters of the future legal order. It is concluded that conflicts of virtual and classical legal orders can be resolved under norms of digital law that eliminate the contrasting sides of legal permits and prohibitions. The author poses the issues regarding subjects of digital legal culture development, the new legal language, the role of analog law in restructuring the legal system, the balance between digital law and national legal tradition. The hypothesis of national models of digitalization of legal culture is put forward.

scholarly journals Variation in the official female onomasticon of Ukraine: between norm and abnormality

2020 ◽  
pp. 183-195
Author(s):  
Iuliia Makarets
Keyword(s):  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Russian Language ◽  
National Language ◽  
Language System ◽  
National Minorities ◽  
First Case ◽  
The Status ◽  
Morphological Variants

The article deals with sociolinguistic analysis of modern official female onomasticon of Ukraine. Its dynamics reflects processes, which are taking place in language system, and changes in society, social demographic and ethnic pattern, cultural markers and values, even the extent of legal regulation of social relations. Sociologists are interested in personal names as a means of social categorization and differentiation of individuals. Legists see them as a tool for one’s legalization and as an object of legal protection. Anthropologists study them as special units of communication and interaction between generations. For linguists they are a specific typexplore them linguists – ists of means of lexical nomination. Linguistically onomasticon is a valuable source of information on the current state of language norms, level of linguistic culture of the population, and the status correlation between languages in society. According to the date of the Ministry of Justice of Ukraine, the repertoire of newborn girls’ names in 2015–2019 exceeded half a thousand units. It’s due to the magnitude of globalization processes in naming, restoration of national naming traditions, rising social freedom in choosing names, and, sometimes, the decay of sense of responsibility in naming and insufficient language culture. About third part of female names appears as phonetic, orthographic and morphological variants. Ukraine is a multinational state and representatives of other nationalities and national minorities maintain their own naming traditions. Ukrainian spelling of these names in documents often is inconsequent. Often variants arise due to the ambiguity of transliteration, Ukrainian-Russian language interference and violation of Ukrainian spelling standard. Much less it is a result of alive alternation in the Ukrainian language. Rows of variants of the same official female name consist from two to five or six units. Among them there are normative and anomalous variants. In first case main and optional variants can be distinguished. Optional variants are not conventional in language practice but they do not violate the essential features of national language system (over time, some of them may become more popular than the main variant). Linguistically such variants are the same unit, the natural manifestation of potentialities of language system. But legally, person’s name can’t be spelled differently in her documents.

Social epistemology

2018 ◽  
Author(s):  
Frederick F. Schmitt
Keyword(s):  
Social Relations ◽  
Common Sense ◽  
Social Epistemology ◽  
Sociology Of Knowledge ◽  
Sociology Of Science ◽  
Epistemic Status ◽  
Normative Study ◽  
The Status ◽  
The Subject ◽  
The Individual

Social epistemology is the conceptual and normative study of the relevance to knowledge of social relations, interests and institutions. It is thus to be distinguished from the sociology of knowledge, which is an empirical study of the contingent social conditions or causes of what is commonly taken to be knowledge. Social epistemology revolves around the question of whether knowledge is to be understood individualistically or socially. Epistemology has traditionally ascribed a secondary status to beliefs indebted to social relations – to testimony, expert authority, consensus, common sense and received wisdom. Such beliefs could attain the status of knowledge, if at all, only by being based on first-hand knowledge – that is, knowledge justified by the experience or reason of the individual knower. Since the work of the common sense Scottish philosopher Thomas Reid in the mid-eighteenth century, epistemologists have from time to time taken seriously the idea that beliefs indebted to social relations have a primary and not merely secondary epistemic status. The bulk of work in social epistemology has, however, been done since Thomas Kuhn depicted scientific revolutions as involving social changes in science. Work on the subject since 1980 has been inspired by the ‘strong programme’ in the sociology of science, by feminist epistemology and by the naturalistic epistemology of W.V. Quine. These influences have inspired epistemologists to rethink the role of social relations – especially testimony – in knowledge. The subject that has emerged may be divided into three branches: the place of social factors in the knowledge possessed by individuals; the organization of individuals’ cognitive labour; and the nature of collective knowledge, including common sense, consensus and common, group, communal and impersonal knowledge.

scholarly journals Procedural problems in cases of tax violations discovered in the course of tax audits (Article 101 of the Taxation Code of the Russian Federation)

2020 ◽  
pp. 46-57
Author(s):  
Konstantin Evgenevich Shilekhin
Keyword(s):  
Statistical Analysis ◽  
Russian Federation ◽  
Social Relations ◽  
Document Analysis ◽  
Legal Regulation ◽  
Legal Norms ◽  
The Social ◽  
The Subject ◽  
The Russian Federation ◽  
Empirical Material

The goal of this article lies in studying the problems of administration of law in the course of brining taxpayers to tax liability and formulation of recommendations of their elimination. The object of this research is the social relations characterizing tax liability and procedural order in this regard. The subject is the legal norms establishing liability for tax violations, as well as regulation the activity of tax and judicial bodies pertinent to application of the fiscal legislation of the Russian Federation. Research methodology is based on the dialectical method of cognition of social reality. For collection, processing, generalization, analysis and interpretation of empirical material, the author uses the methods of induction and deduction, statistical analysis and document analysis. The conclusion is made on the weakness of normative legal regulation of separate procedures of legal investigation on tax violation in terms of the Article 101 of the Taxation Code of the Russian Federation. The author suggest making a number of amendments to the fiscal legislation to improve the mechanism of holding the taxpayers liable.

scholarly journals On the peculiarities of the regional lawmaking process

2020 ◽  
pp. 25-38
Author(s):  
Olga Anatolevna Fomicheva
Keyword(s):  
Russian Federation ◽  
Process Analysis ◽  
Legal Regulation ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
The Right

The subject of this research is practice of the constituent entities of the Russian Federation applied in legal regulation of lawmaking process. Analysis is conducted on legislation of the constituent entities of the Russian Federation regarding the establishment of their rights to realization of the legislative initiative. The author’s arguments on carrying out the analysis of regional legislation with regards to establishment of a circle of subjects with the right of legislative initiative are grounded on the scholars’ opinion that the status of the subject of realization of legislative initiative is special. The fact of recognition of the subject of lawmaking process as a subject of legislative initiative is a juridical fact bot only for acquisition of the right to introduction of a bill, but also guarantees for participation in lawmaking process of the parliament. Therefore, establishment of a circle of subjects with the right of legislative initiative is crucial in determination of peculiarities of the regional lawmaking process. Application of the general scientific methods of analysis and synthesis, allowed arranging the circle of the subjects of lawmaking process into groups, as well as formulate a conclusion on the specificities of setting rules for the lawmaking process realized in constituent entities of the Russian Federation. The philosophical methods of cognition of legal reality allowed determining the general rules of lawmaking process, summarize the acquired data, and comprehensively examine the research materials. Having analyzed the practice of legal regulation, the author identified the flaws in terminology used in practice of the constituent entities of the Russian Federation. Recommendations are made to pay closer attention to ambiguity of legislation in some regions of the Russian Federation. A conclusion is formulated on the positive experience that can become an example for other constituent entities of the Russian Federation in setting rules for the lawmaking process.

scholarly journals On the question of the functions and tasks of legal custom

2020 ◽  
pp. 30-34
Author(s):  
Marian Bedrii
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Protection ◽  
Legal Regulation ◽  
Protective Function ◽  
Current State ◽  
Wide Range ◽  
The Subject ◽  
The One ◽  
The Individual

The article researches the functions and tasks of legal custom based on historical experience and the current state of legal life.The view represents that law and culture functions are realized through legal custom, as it is an important element of these phenomena.At the same time, it is noted that legal custom is characterized by a separate catalog of functions and tasks that need to be studied. Theregulatory, explanatory, protective, defensive, inflectional, reconstitutive, ideological-educative, identification-communicative, antimonopoly,and legal-resource functions of legal custom are analyzed. The administrative and organizational components of the regulatoryfunction of legal custom are highlighted. The preventive and restrictive components of the protective function of legal custom are cha -racterized. It is substantiated that these functions are inextricably linked with the tasks of legal custom.Based on the analyzed functions, the following tasks of a legal custom are allocated: the legal regulation of social relations; cla -rification of provisions of the legislation, acts of law enforcement, texts of agreements, terms and symbolic actions; legal protection ofpublic goods and values; providing opportunities to protect rights and freedoms; stabilization of the legal system, its protection fromill-considered and risky transformations; reproduction of the acquired legal experience in new conditions; ensuring the flexibility of thelegal system; influence on the worldview of the individual and society in general; determining the affiliation of the subject to a parti -cular community and maintaining communication between its members; prevention of monopoly in the legal system of a normativelegal act or other sources of law; formation of material for the systematization of law.It is argued that legal custom, as a social phenomenon, evolving in the process of history, performed a wide range of functionsthat correlated with its tasks. Not every period, people, or locality is characterized by a full set of analyzed functions and tasks, but itis worth noting the possibility of their implementation by the legal custom in general, as evidenced by past experience and the currentstate of legal relations. The results of the research, on the one hand, complement the understanding of the nature of legal custom, andon the other – prove the feasibility of further use of this source of law in modern legal systems.

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