scholarly journals Legal Regulation of Federal Budget Expenditures on National Projects

2021 ◽  
Vol 8 (1) ◽  
pp. 53-58
Author(s):  
Dmitrii A. Shevelko
Keyword(s):  
Legal Status ◽  
Federal Budget ◽  
Legal Regulation ◽  
Advantages And Disadvantages ◽  
Current State ◽  
Positive Elements ◽  
Expert Assessments ◽  
The One ◽  
Regulation Model ◽  
State Programs

The article analyzes features of the legal regulation of national and federal projects. More than three years have passed since their approval, which forms the basis of this analysis. The purpose of the study was to determine the current state of legal regulation of national projects, including expert assessments from the scientific community. Within this framework, a hypothesis was proposed about legal gaps that affect the implementation of national goals and projects. The objectives of the study are to identify the advantages and disadvantages of regulating national projects and to compare them with the May decrees of the President of Russia and state programs. The results revealed positive and negative trends in the current legal status of national projects. On the one hand, the author draws attention to the repetition of mistakes in the implementation of the May decrees of the President of Russia and state programs. In particular, the regulatory legal acts do not define the procedure for calculating the financial security of the projects. As a result, they risk failure to achieve their national goals. Systematic problems with the implementation of strategic planning documents indicate a lack of analysis of their shortcomings. At the same time, the methodology for developing new documents could be adjusted within the frameworks. On the other hand, the advantages of legal regulation are also revealed. Among them are the allocation of regulations outside the BC of the Russian Federation, the acceleration of bureaucratic procedures, a minimum list of regulatory legal acts, and expanded powers of the curators. The main drawback was the failure to consolidate the process of preparing a financial justification for the expenditure of national projects (federal projects). At the same time, this disadvantage leads to the risk of leveling all the positive elements of the legal regulation model.

scholarly journals Prospects for settlement of the legal status of cryptocurrency in Ukraine

2021 ◽  
pp. 152-157
Author(s):  
V.M. Lohoyda
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Legal Regulation ◽  
Securities Market ◽  
Intangible Asset ◽  
Legal Analysis ◽  
Electronic Money ◽  
Current State ◽  
Legal Nature ◽  
The One

The article is devoted to the current state and prospects of further legislative regulation in Ukraine of the legal status of cryptocurrency (cryptoassets), primarily in terms of the need to clearly define its place in the system of objects of civil rights. The author emphasizes on the current uncertainty at the national and international level about the legal nature of cryptocurrency that causes gaps in the legal regulation of this phenomenon, which on the one hand allows its free and accelerated development, but on the other - creates significant legal risks for participants of the relevant legal relationships. Based on the comparative legal analysis of the approaches of different countries to the qualification of the legal essence of cryptocurrency, as well as the analysis of the Laws of Ukraine "On Prevention of Corruption", "On Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime, Financing  Terrorism and Financing Spread of the Weapon of Mass Destruction”, the draft Law of Ukraine“ On Virtual Assets ”№3637 of 11.06.2020 adopted as a basis and prepared for the second reading by the Parliament and opinions of national regulators of financial market and securities market the author considers as a debatable approach of Ukrainian authorities to regulation circulation of virtual assets and, in particular, such their type as a cryptocurrency, as an intangible asset (other intangible goods). There is a contradiction of such a qualification in terms of traditional features of intangible assets (pronounced personal nature, the impossibility of the existence of such goods in isolation from the subject of law without his consent, lack of property and economic content) and the economic purpose of cryptocurrency as a mean of payment. In this regard, the author concludes that there should be an expediency of classifying this object of civil rights as a special (private) form of money, for which he proposes to carry out a more detailed civil law classification with a division into fiat (cash, non-cash, digital) and private (cryptocurrencies and electronic money).

scholarly journals Multinational (Transnational) Companies as Subjects of Public International Law // Multinacionalne (transnacionalne) kompanije kao subjekti međunarodnog javnog prava

2017 ◽  
Vol 7 (7) ◽  
pp. 110
Author(s):  
Boris Krivokapić
Keyword(s):  
International Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Multinational Companies ◽  
Legal Capacity ◽  
Legal Personality ◽  
Transnational Companies ◽  
The One ◽  
International Legal Personality

The paper deals with international legal status of multinational (transnational) companies. The first part gives an overview of this entities and the specifics of their role in the modern world.In the second part, the author deals with the elements of international legal personality of multinational (transnational) companies. Such as international legal regulation of the position of these entities, their specific rights and obligations under international law, international responsibility, process subjectivity before certain international judicial bodies and the special relationship (partnership) with international organizations. It should be added that not only that international law acknowledges their existence, but also multinational companies themselves at least in part influence the development of that law.In the concluding remarks the author notes that multinational (transnational) companies do not have all the elements of a full international personality, the one that is inherent to states. However, even if not complete their personality is beyond doubt. Although between them, depending on the case, there are major differences, there is no dispute that, from the perspective of international law, at least some multinational companies have the legal capacity (the ability to be the holder of a larger or smaller circle of rights and obligations established by international law), legal capacity (the ability to conclude international agreements, create international custom, etc.), tort capacity (the ability to provide for the legal bears responsibility for violating the norms of international law), process capability (active and passive legitimacy before some international courts), etc. In all likelihood, along with the expected further strengthening of the economic, but also political and every other power and role of the companies themselves, their international personality will also become more and more developed, At one point this will require global (universal) agreement which would precisely define rights, but, in particular, the duties and responsibilities of these entities.

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.

scholarly journals ADVANTAGES AND DISADVANTAGES OF THE CURRENT STATE OF ADMINISTRATIVE AND LEGAL REGULATION OF RELATIONS IN THE FIELD OF ELECTRICITY IN THE CONDITIONS OF UKRAINE'S EUROPEAN INTEGRATION

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 123-129
Author(s):  
Д. А. Миколаєць
Keyword(s):  
Electricity Market ◽  
Energy Supply ◽  
Renewable Energy Sources ◽  
Legal Regulation ◽  
State Regulation ◽  
Electricity Sector ◽  
Local Networks ◽  
Advantages And Disadvantages ◽  
Current State ◽  
System Operator

The relevance of the article is that today, the use of electricity is an integral part of life and supports the normal implementation of the state social function, the function of protecting independence and territorial integrity. It is extremely important that the administrative and legal regulation of relations in the field of electricity meets modern socio-economic conditions, is independent of political factors and especially outside the legal and corrupt. The study of the current state of administrative and legal regulation of relations in the field of electricity will clarify the level of compliance and ways to improve the effectiveness of such regulation, its relevance. The article states that the distribution of electricity was not separated from the supply of electricity, which later led to the emergence of several energy supply companies in one area through the privatization of uncontrolled local networks, which were on the balance of enterprises in other industries (eg coal and metallurgy) , or through the alienation for debts of networks that were part of the regional energy supply company. In addition, methodological tools have been identified that determine the movement of the system of state regulation of the electricity sector. It is shown that in the conditions of the developed electricity market administrative-command management methods can be applied in fact only to state companies, in particular NEC "Ukrenergo" in terms of allocation of system operator and corporatization of the enterprise, which will transmit electricity through main and interstate networks. It is concluded that the current state of administrative and legal regulation of relations in the field of electricity is unstable, which is caused by the process of its reform. Positive aspects of the current situation include approaching market conditions, increasing proliferation of alternative and renewable energy sources and legislative encouragement of such activities, and the activities of authorized bodies have been improved, especially with regard to the administrative powers and tasks of the Regulator. At the same time, administrative and legal regulation should be aimed at meeting the needs of the population, especially the use of land for electricity, pricing, joint activities of authorized bodies. It should be emphasized that the existing shortcomings of administrative and legal regulation of relations in the field of electricity can be eliminated only comprehensively and consistently.

Տրանսցենդենտալ ֆենոմենալոգիան որպես իրավական հետազոտությունների իրականացման մեթոդ

2021 ◽  
pp. 258-274
Author(s):  
Gevorg Barseghyan ◽  
Mane Markosyan ◽  
Hrayr Hovakimyan
Keyword(s):  
Transcendental Phenomenology ◽  
Phenomenological Approach ◽  
Legal Regulation ◽  
Law School ◽  
Point Of View ◽  
Legal Doctrine ◽  
Legal Studies ◽  
Advantages And Disadvantages ◽  
Positive Law ◽  
The One

This article examines the essential meanings of phenomenological philosophy and law school of transcendental phenomenology. Attention is paid to methodological features of phenomenological approach of legal perception. In the context of domestic legal doctrine, attention is paid to both advantages and disadvantages of this approach. Conclusion is made that phenomenology is a specific, effective methodology synthesizing diverse explorative perceptions. Phenomenology, as a theory and methodology of law, is part of non-classical legal science, separate elements of this method are used in the context of other non-classical legal approaches such as hermeneutics and axiology of law. It must be emphasized that phenomenology of law is an alternative to sociological and natural-legal perception of law and, at the same time, in its context the synthesis of these two methods of legal exploration is done to some extent. The main feature of legal phenomenology is its orientation to modern law as a sociological process that is going on in the world of “open” life on the one hand, and to potential law as a basis for universal ideal law, on the other hand. Phenomenological approach can be used as a mechanism for exploring current positive law. From such point of view, ideal legal system is discovered in any legal regulation due to which the enforcement of legal regulation is exercised. The purpose of this work is to conduct a comprehensive study of transcendental phenomenology of law as a method of conducting legal study. In order to satisfy the purpose set above, the following problems are introduced.  The study of transcendental phenomenology as an approach,  The study of transcendental phenomenology as a research method,  The reveal of transcendental phenomenology essence as a means of methodology of acknowledgement of law. The methodological basis of this article are the dialectical and historical methods. The object and subject of the research were observed using such general and special methods of scientific knowledge, as dogmatic, comparative-legal, legal modeling, logical analysis. Based on the analysis made in the context of this work, suggestions are made which are directed at developing the efficiency of phenomenology as a means of conducting legal studies, as well as the accomplishment of legal modeling.

scholarly journals Cryptocurrency as the Сurrency of the Future Financial System

2020 ◽  
Vol 24 (1) ◽  
pp. 27-32
Author(s):  
T. Bantorina ◽  
◽  
O. Livandovska ◽  
Keyword(s):  
Legal Status ◽  
Financial System ◽  
Legal Regulation ◽  
Minimal Risk ◽  
Advantages And Disadvantages ◽  
Stage Of Development ◽  
The World ◽  
The Future ◽  
Mathematical Problems ◽  
History Of

Annotation. Introduction. At the present stage of development of the world is the rapid functioning of all spheres of society. Based on this, today society seeks to be progressive, modern, and therefore the world introduces us to a new type of money that is gaining popularity – cryptocurrency. Currently, humanity is aimed at finding a more progressive way of realization of any financial transactions with minimal risk. Now, the cryptocurrency is in the same city, where was the first paper money during the popularization of the concept of “printing money”. That is why, after a certain period of time cryptocurrency calculations become commonplace. Purpose. The purpose of the study is to consider cryptocurrency as the currency of the future financial system and possible prospects for its future development in Ukraine and the world. Results. The article discusses the theoretical aspects and history of cryptocurrency as currency future financial system. The main types of cryptocurrencies, the process of their creation, which is based on the solution of computers to complex mathematical problems and their entry into the market, are identified. The advantages and disadvantages of using cryptocurrencies are studied, as well as its feature as decentralization, which distinguishes it from other currencies. It is emphasized that in the world, so far, there is no consensus on the further strategy for the development of cryptocurrency in the world, its legalization and legality of use, thus analyzing the legal status of cryptocurrency in different countries and prospects for use. The legal regulation of cryptocurrencies in Ukraine in accordance with the norms of Ukrainian legislation is considered. The peculiarities of the functioning of virtual currencies in Ukraine are highlighted. Conclusions. Cryptocurrency inevitably and actively popularized worldwide in furthering decade. In some areas, such as online gaming business, this kind of currency has found its application in full. In Ukraine, there is everything necessary for legal operations with cryptocurrencies, but it is at the legislative level that there is a problem that prevents the active distribution and use of such currencies. The situation when cryptocurrency is not banned, but also not allowed, is an additional reason for fraudulent schemes. Legal entities and individuals who want or are able to use cryptocurrency is not protected. Similarly, the state can not get taxes from prospective activities. That is why the need for a clear establishment of the concept of “Cryptocurrency” by the law of Ukraine and the creation of mechanisms for regulating any activity with cryptocurrencies at the legislative level, are the priority state tasks at present. Keywords: cryptocurrency; currency; bitcoin; mining; digital currency; the legal status.

scholarly journals Advantages and disadvantages of the current state of the administrative and legal regulation of tax subsidiaries in Ukraine

Social Law ◽  
2019 ◽  
pp. 125-131
Author(s):  
S. Liskov
Keyword(s):  
Detailed Analysis ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Executive Power ◽  
Advantages And Disadvantages ◽  
Current State

The article deals with the current state of administrative and legal regulation tax service entities in Ukraine. The aim is to analyze the advantages and disadvantages of such regulation. It gives a detailed analysis of legislation and practice of activity of tax service entities in Ukraine. The problems of administrative and legal regulation are investigated and the main way of their solution. The paper gives valuable information about changes in the Ukrainian legislation on the powers, social guarantees and legal responsibility of tax authorities. Discussed in the article issue can be used as a strategy to improve the administrative and legal regulation of the activities of such state bodies. The article is of great help to legislative and executive power for the development of legal acts.

scholarly journals Certain Aspects of the Analysis of Cryptocurrency Transactions during the Prevention and Investigation of Crimes

2021 ◽  
Vol 80 (1) ◽  
pp. 93-100
Author(s):  
В. В. Носов ◽  
І. А. Манжай
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Risk Levels ◽  
Advantages And Disadvantages ◽  
Blockchain Technology ◽  
Stage Of Development ◽  
Current State ◽  
Current Stage

The analysis of separate tools for the visualization of movement of cryptocurrency values, and also identification of users who carried out the corresponding transactions has been carried out. The advantages and disadvantages of cryptocurrency from the point of view of offenders and law enforcement agencies have been studied. The main directions of using cryptocurrency in a criminal environment have been determined. The current state and perspectives of normative and legal regulation of cryptocurrency in Ukraine have been analyzed. Theoretical principles of cryptocurrency functioning have been studied. The basic concepts used in this area have been revealed. The properties of cryptocurrency have been described. The mechanism of its issuance of guaranteeing pseudo-anonymity while working with cryptocurrency has been outlined. Some features of blockchain technology and formation of cryptocurrency addresses have been revealed. It has been noted that one of the first and most well-known cryptocurrency is bitcoin. The format of bitcoin address presentation has been described. It has been emphasized that bitcoin wallet software can operate with any number of addresses or each address can be served by a separate wallet. The technology of mixing transactions and the method of increasing the anonymity of CoinJoin have been described. The authors have revealed the possibilities of separate services intended for the analysis of cryptocurrency transactions (Maltego, Bitconeview, Bitiodine, OpReturnTool, Blockchain.info, Anyblockanalytics.com, Chainalysis, Elliptic, Ciphertrace, Blockchain Inspector). The process of risk assessment and construction of visual chains of cryptocurrency transactions has been demonstrated on the example of the “Crystal Expert” service. Different types of bitcoin addresses’ holders and risk levels have been described. The main and additional investigation tools used on the “Crystal Expert” platform have been revealed. Based on the conducted analysis, the authors have defined the main tasks for law enforcement agencies at the current stage of development of cryptocurrency. The basic requirements for tools designed for cryptocurrency analysis have been outlined. The authors have suggested some measures of law enforcement agencies’ respond to threats related to cryptocurrency.

scholarly journals Advantages and disadvantages of social protection of public service employees

Social Law ◽  
2019 ◽  
pp. 42-47
Author(s):  
V. Gavriluk
Keyword(s):  
Public Service ◽  
Social Protection ◽  
Legal Regulation ◽  
Executive Power ◽  
Service Workers ◽  
Service Employees ◽  
Advantages And Disadvantages ◽  
Current State ◽  
The Social ◽  
Service Activities

The article deals with the social protection of public service workers. The aim is to find out advantages and disadvantages of modern legal regulation of social protection of public service workers. Revealed that the social protection of public service workers varies depending on the category of such employees and the direction of public service activities. The paper highlighted the need for improved social protection for public service employees by creating common and uniform rules of law on the principles and criteria for providing such protection. Discussed in the article advantages and disadvantages of the current state of social protection of public service workers can be used as the basis of strategy to improve the work of legislative and executive power in Ukraine.

scholarly journals ECONOMIC END LEGAL ASPECTS OF ENSURING FOOD SECURITY

2018 ◽  
Vol 1 (2(14)) ◽  
pp. 93-97
Author(s):  
Olena Viktorivna Hafurova ◽  
Volodymyr Mykhailovych Yermolenko ◽  
Lyudmila Mikhailovna Stepasyuk
Keyword(s):  
Food Security ◽  
Social Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Current State ◽  
Self Sufficiency ◽  
The Status ◽  
Food Quality And Safety ◽  
Safe Food

Urgency of the research. Guaranteeing unhindered economic access to high-quality and safe food products is one of the main goals of the state agricultural policy of Ukraine. Therefore, it is particularly important to ascertain the status of social relations in this area. Target setting. Legal regulation is the most effective instrument of state influence on any type of social relations, including agrarian ones. Accordingly, it is necessary to pay attention to the issues of the legal mediation of relations that arise, change and cease in the food security field. Actual scientific researches and issues analysis. Such well-known domestic economists as O. G. Bilorus, V. I. Vlasov, O. I. Goychuk, B. Y. Paskhaver, P. T. Sabluk, O. M. Schpichak and others put sufficient attention to the various aspects of the formation of an economic mechanism for ensuring food security. Uninvestigated parts of general matters defining. At the same time, all legal scholarly works are devoted exclusively to the legal issues of food security, without taking into account the economic directions of its provision. The research objective. Clarification of the current state of the legal support of food security in Ukraine taking into account the economic indicators of its formation. The statement of basic materials. The article examines the legal status of food security in Ukraine. The relations in the sphere of ensuring food self-sufficiency, economic availability, food quality and safety have been analyzed. Conclusions. It is necessary: to completely prohibit any import and use of palm oil for the food; to specify the annual state support for the production and circulation of organic products. It is worth adopting the Law of Ukraine «On Food Security», the content of which should take into account as far as possible the achievements of the agrarian and law doctrine.

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