scholarly journals Issues of the Administrative Law Regulation of Registration Activities

2020 ◽  
Vol 11 ◽  
pp. 26-31
Author(s):  
Inessa A. Trofimova ◽  
Keyword(s):  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
Individual Species ◽  
State Registration ◽  
Functional Areas ◽  
Law Regulation

The article discusses the features of administrative and legal regulation of state registration. The author explores the tasks and goals of state registration. Analyses of individual species and functional areas of the state registration of the activities of the Executive authorities. The problems that exist in this system are identified, and possible ways to solve them are suggested.

ON THE LEGAL NATURE OF STATE REGISTRATION OF REAL ESTATE OWNERSHIP

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

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

scholarly journals The Principles of Administrative Law as a Prism for Assessing the Content of Normative and Legal Provisions: Opportunities for Identifying the Problems and Solutions

2019 ◽  
Vol 87 (4) ◽  
pp. 104-116
Author(s):  
V. O. Ivantsov
Keyword(s):  
Rule Of Law ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
Charitable Organizations ◽  
The Rule Of Law ◽  
Legal Provisions ◽  
The Law ◽  
The Individual ◽  
Corruption Prevention

The author of the article assesses the content of administrative normative and legal acts (on the example of legal regulation of restrictions on receiving gifts) through the prism of modern understanding of the principles of administrative law, which made it possible to distinguish a number of problems for determining the content of some of them and to work out the ways to solve them, namely: 1) Having studied the norms of the laws of Ukraine “On Prevention of Corruption” and “On Charitable Activities and Charitable Organizations” through the prism of the principle of humanism and justice in the relations between the individual and the state, it is proved that the legal possibility in the sphere of legal relations in the sphere cannot be restricted (forbidden) humanism and charity; 2) an analysis of the law enforcement practice of implementing the prohibition on gift giving has often revealed a flagrant violation of the rule of law; emphasized that ensuring the legal certainty of the described ban can be ensured by revealing its content by the National Anti-Corruption Agency; 3) installed: – uncertainty about the specific characteristics of “allowed gifts”, which requires amendments to the Law of Ukraine “On Corruption Prevention” to exclude them or to provide clear explanations within the framework of the NACC Guidelines; – violation of the provisions of the Typical Anti-Corruption Program of a Legal Entity approved by the Decision of NAPC No. 75 dated from March 2, 2017 No. 75 on the principle of hierarchical highness of law, which requires amendments to them in accordance with the provisions of the Art. 23 of the Law of Ukraine "On Prevention of Corruption", which defines uniform rules for determining the amount of "allowed gift"; – the content of the concept of "gift" does not correspond to such an important element of the rule of law as "prohibition of discrimination and equality before the law", which requires amendments to the Law of Ukraine "On Prevention of Corruption" in the part of the correction of the concept of "gift" as such is bounded by the restriction of "family-private" relations not related to the performance of functions of the state or local self-government. As a result, it was found out that the principles of administrative law in order to improve the regulatory acts of the sphere of administrative and legal regulation are: 1) as a criterion for assessing the content of provisions of regulatory legal acts, resulting in the isolation of their shortcomings; 2) legal bases for elaboration of amendments and additions to administrative normative legal acts.

scholarly journals Maintenance of unity and territorial integrity of Russia: some constitutional legal problems

2018 ◽  
Vol 2 (1) ◽  
pp. 91-103
Author(s):  
Svyatoslav V. Ivanov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Territorial Integrity ◽  
Legal Method ◽  
The People ◽  
Legal Space ◽  
The Russian Federation ◽  
State Registration

The subject. The article is devoted to the analysis of public authorities’ activities in order to strengthen unity of domestic legal space and the people of Russia with regard to constitutional legal support of the state unity and territorial integrity of the Russian Federation.The purpose of the article is to make a critical analysis of implementing a system that consists of constitutional legal rules and procedures of regulatory impact on the unity of domestic legal space and the people of Russia with the aim of increasing the effectiveness of their implementation.The methodological basis of the study includes general-scientific methods (analysis and syn-thesis, system-structural approach) as well as academic methods (formal-legal method, method of interpretation of legal acts).Results, scope. Consistent constitutional legal support of the state unity and territorial integrity of the Russian Federation requires elimination of defects and gaps in legal regulation and improvement of law enforcement practice. In particular, it is necessary to eliminate the practice of denial of a state registration of political parties on insignificant formal grounds in order to implement guarantees of the unity of the people of Russia.Conclusions. The consistent strengthening of the unity of domestic legal space and the people of the Russian Federation is of paramount importance to the constitutional and legal support of its state unity and territorial integrity. It is necessary to eliminate a number of legal defects and to make law enforcement practice more effective in order to implement these constitutional values.

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

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

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

scholarly journals The Mechanism of the Administrative Law Regulation of Migration Security in the Russian Federation: The Concept, Peculiarities, Elements (Administrative Law Means) and Stages

2021 ◽  
Vol 6 ◽  
pp. 9-16
Author(s):  
Aleksey V. Stepanov ◽  
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Administrative Law ◽  
Law And Order ◽  
Dynamic Part ◽  
Legal Remedies ◽  
Static Approach ◽  
The Russian Federation ◽  
The Stability ◽  
Law Regulation

The article gives the grounds of the author’s approach to the content of the mechanism of administrative-legal regulation of migration safety and security in Russia (hereinafter referred to as the mechanism of migration security and security). Some specifics of the mechanism of migration safety and security are described. Static and dynamic approaches to understand the content of migration safety and security are pointed. In the context of static approach the author reveals the indications of administrative-legal remedies and enumerates them referred to as the elements of the mechanism of migration security. It is paid the attention on dynamic part of the mechanism of migration security considered as the system of interrelated, specifically ordered, followed each other stages leading with the help of corresponding forms and methods to concrete results — the stage of protection from menaces and the stability of the law and order. In conclusion the author formulates the concept of the mechanism of administrative-legal regulation of safety and security.

scholarly journals HARMONIZATION OF ADMINISTRATIVE AND LEGAL REGULATION OF STATE GOVERNANCE OF ECONOMIC ACTIVITY IN UKRAINE: SOME LANDMARKS

2020 ◽  
pp. 44-57
Author(s):  
Svitlana Bevz
Keyword(s):  
International Law ◽  
Economic Activity ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
International Treaties ◽  
Integration Policy ◽  
European Union Law ◽  
State Governance ◽  
The Impact

The aim of this article is to consider the impact of international law and European Union law on legislation of Ukraine in general and on the state governance of economic field in particular. The methods of formal logic are used: analysis, synthesis, induction, deduction, generalization. The author analyzes the notion of “international act” and “international treaty” and determines what acts impact to national legislation; synthesizes and generalizes her own vision of the degree of influence of acts of international law on the legislation of Ukraine. Elements of Europeanization of administrative and legal regulation of state governance of economic field is delimited deductively. Conclusions are drawn about the need to change the content of state governance functions in economic field with applying induction. Results and conclusions. The author draws attention to the different status of international acts and international treaties. The Ukrainian state implements the European integration policy and development of its legislation, the systems of state agencies are influenced not only by treaties and acts that have been ratified, but also by those not ratified by the Verkhovna Rada, though approximation to which is being implemented. It is emphasized that the legal personality implemented by the state shall define the enforceable international acts. The analysis of international acts developed by non-governmental organizations (UNIDROIT, UNCITRAL, etc.) suggests that they are mostly of a private law nature and may become a source of regulation in state – business entity relations at the micro level, i.e. those relations in which the state exercises its economic competence by acting as the owner of the property. At the same time, the regulatory framework of state governance of economic activity at the macro level is influenced by international treaties, in which Ukraine participates as authority. International treaties governing state legal relations also contain rules governing certain private legal relationships (trade agreements, double tax agreements, legal aid agreements). The article also highlights one of the trends in the development of administrative law in many European countries, including Ukraine, i.e. the Europeanization of administrative law. The elements of Europeanization of administrative and legal regulation of state governance of economic activity are determined.

scholarly journals Ways to create, use and control legally information relations at the innovative sphere

Bibliosphere ◽  
2018 ◽  
pp. 69-74
Author(s):  
A. I. Markeev ◽  
D. M. Tsukerblat
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
The State ◽  
And Control ◽  
Law Regulation

The article considers the information relations at the innovation sphere with the point of creation, use and legal regulation approaches. The authors analyze actions of various subjects entering information relations in the field of innovation, starting with the state ending with individuals. The researchers conclude that the improvement of information relations in the field of innovation should occur by strengthening the administration, rather than civil law regulation.

scholarly journals The Principles of the Administrative Law Regulation of Migration Processes

2020 ◽  
Vol 10 ◽  
pp. 9-15
Author(s):  
Andrey V. Krayushkin ◽  
Keyword(s):  
International Cooperation ◽  
Legal Regulation ◽  
Administrative Law ◽  
Principle Of Legality ◽  
Conceptual Foundations ◽  
Law Regulation

The article analyzes the conceptual foundations of regulating migration processes and the principles of influencing them, and draws attention to the legal consolidation of the principles of regulating migration relations. The classification of the principles of legal regulation of migration processes depends on their functionality, as well as regulatory consolidation. The article focuses on the principle of legality, as well as the principle of international cooperation in regulating migration processes.

scholarly journals LEGAL RELATIONS REGARDING STATE REGISTRATION OF MEDICINES IN UKRAINE: TRENDS OF TRANSFORMATION

2020 ◽  
Vol 1 (9) ◽  
pp. 111-115
Author(s):  
Oleksii Khovpun ◽  
Keyword(s):  
Complex System ◽  
European Integration ◽  
Social Relations ◽  
Legal Regulation ◽  
International Communication ◽  
The State ◽  
Pharmaceutical Sector ◽  
Definition Of ◽  
State Registration

The article is devoted to the definition of the main tendencies of transformation of legal relations regarding state registration of medicines in Ukraine. It is emphasized that the pharmacy sphere combines many legal relations governed by the rules of various branches of law – administrative, labor, criminal, international, financial and economic, forming a complex system of pharmaceutical legislation. The factors that form vectors of development of legal relations regarding the state registration of medicines in Ukraine are outlined. The latter are related to the European integration of Ukraine and the simplification of international communication in the field of pharmacy in connection with overcoming COVID-19. Legislative innovations on the registration of medicines in Ukraine are highlighted, in particular, deregulation and simplification of the procedure of state registration of medicines, which are the main priorities of changes and additions to the legislation. Prospects for improving the state registration of medicines in Ukraine have been identified, where the key should be the fight against corruption in the pharmaceutical sector and falsification of medicines. It is emphasized that the relations are not improved, but the legislation is improved, which causes further changes in such relations. Accordingly, amendments to existing legislation are aimed at improving legal regulation, which leads to the transformation of social relations, makes them more orderly and modern. It is concluded that the main trends in the transformation of legal relations regarding state registration of medicines in Ukraine are: liberalization, unification, adaptability, innovation and inductance.

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