scholarly journals Methodological Aspects of the Dynamics of Legal Relationships as a Social and Legal Phenomenon

2021 ◽  
Vol 18 (4) ◽  
pp. 398-412
Author(s):  
I. L. Vershok
Keyword(s):  
Locus Of Control ◽  
Social Action ◽  
Mutual Recognition ◽  
Legal Regulation ◽  
Legal Norm ◽  
Legal Consciousness ◽  
Legal Validity ◽  
Legal Norms ◽  
Legal Relationship ◽  
The Subject

The article is devoted to the study of legal relationship as a phenomenon that exists in two modes of being of law: legal reality and legal validity. Classical approaches to the definition of a legal relationship as a social relationship regulated by law are criticized. The understanding of the legal relationship as a result of the implementation of legal norm is also criticized. It is recognized that these approaches do not fully provide a scientific characteristic of legal relationships as a social and legal phenomenon. Instead of the usually distinguished elements of a legal relationship in the form of a subject, object and content, it is proposed to study its dynamic parameters. The dynamics of a legal relationship is considered as a result of the intentionality of the legal consciousness of its subject. In legal reality, a legal relationship is studied as a social action in the conditions of adaptation of the subject to the environment. This legal relationship is due to the general normativity of biological, social and technical origin. The vital normativity of legal reality is considered as a determinant of legal relations. The locus of control in this legal relationship is focused on the subject exercising its rights and fulfilling its obligations. In legal validity, the legal relationship is due to the intentionality of the legal consciousness of the subject to implement legal norms through legal interaction with other participants in the legal relationship. The normativity of legal reality is based on legal regulation through legal acts (individual and general). In such a legal relationship, the subjects exercise their legal capabilities to the fulfillment of the legal duties assigned to other subjects. The locus of control is shifted to other participants in the legal relationship who exercise their rights and perform legal duties. In legal interaction, mutual recognition of the right is provided by the instance and/or the party of the legal relationship. In the legal validity, the physical, social and value, as well as vital normativity are supplemented by legal normativity. It is designed to neutralize social contradictions caused by the limitations of space, as well as the irreversibility of time. It is proved that the proposed concept of legal relations contributes to the solution of practical issues of the primacy of the legal norm or legal relationship, the revision of the criteria for differentiation of the legal system, the determination of the ratio of legal relations and offenses, the scientific consideration of some sectoral problems of the classification of legal relations. It is noted that the proposed concept of a legal relationship as a social action or legal interaction is quite conditional and applicable for cognitive purposes. In practice, quite often there is an intersection or mutual overlap of one type with another, a transition from legal reality to legal reality.

SMART CONTRACT: CONCEPT, LEGAL REGULATION, ASPECTS OF CONSUMER PROTECTION

2021 ◽  
Vol 14 (4) ◽  
pp. 236-247
Author(s):  
IRINA VIKTOROVNA ERMAKOVA ◽  
◽  
◽  
Keyword(s):  
Social Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Smart Contracts ◽  
Legal Norms ◽  
Legal Relationship ◽  
Smart Contract ◽  
The Subject ◽  
Definition Of

The subject of the research is legal norms aimed at regulating by law relations in the field of concluding and executing smart contracts, including issues of protecting the rights of the parties to such contracts, including consumers. The object of the research is social relations arising in the process of creating, concluding and executing of smart contracts. Particular attention is paid to the theoretical and practical aspects of the definition of the concept of “smart contract” and its essence, as well as its legal status. In addition, the article considers approaches to defining the essence of institutions that are closely related to the category of “smart contract”, such as “cryptocurrency”, “digital ruble”, “mining”. The aspects of the protection of fundamental rights of the parties involved in the considered legal relationship, including consumers, are also analyzed. Examples of court decisions regarding the corresponding category of cases are given. The novelty of the research lies in determining the current approaches in relation to the essence, concept and legal status of smart contracts, including the current position of law enforcement practice in relation to this issue. In addition, the novelty of the study lies in considering the practical aspects of the conclusion and execution of smart contracts, including, indicating examples of blockchain platforms on the basis of which smart contracts can function. Ultimately, the study led to the development by the author of some proposals in order to improve the relevant legislation. In particular, the author proposed to consolidate at the legislative level the legal definition of the concept of “smart contract”, indicating the appropriate wording.

scholarly journals FORMALLY UNCERTAIN TERMS AS A MEANS OF LEGAL INFLUENCE

2020 ◽  
Vol 73 (4) ◽  
pp. 27-32
Author(s):  
Оleksandr Kurakin ◽  
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Modern Society ◽  
Legal Regulation ◽  
Legal Norm ◽  
Social Significance ◽  
Legal Norms ◽  
Legal Response ◽  
Ability To Act ◽  
The Subject

The effectiveness of legal influence on relations in modern society is determined along with other factors and the perfection of legal terminology used in regulations. The need to improve the quality of legal activity in Ukraine necessitates the study of the regulatory possibilities of legal terms, among which a special place is occupied by formally indefinite terms that cause formal uncertainty of legal norms. The use of formally indefinite terms in legal norms and the issue of legal influence in the domestic literature are not specifically considered, respectively, need further study to formulate certain scientific generalizations and practical recommendations that can be used to improve the legal regulation of public relations in Ukraine. The author proposes to consider the valuation concepts as enshrined in the legal norm abstract characteristics of the social significance of real or potential facts. It must be specified during its application or implementation. This ensures the legal response of the state to all individualized facts, which are characterized by the significance fixed in the legal norm. In addition, the specific features of intermediate concepts that distinguish them from the evaluative and formally defined are highlighted. Analyzing them, the author concludes that the categories of "legal regulation" and "legal influence" are correlated as general and specific, and the boundary separating them is quite conditional. Noting the inseparability of legal influence and legal regulation, the author points out that at the same time does not deprive them of differences. The subject of legal regulation is somewhat narrower than the subject of legal influence. The latter includes such economic, political and social relations, which are not regulated by law, but to which they in one way or another extend their influence. If legal regulation, as a special legal influence, in any case is associated with the establishment of specific rights and obligations of subjects, with direct instructions about what is necessary and possible, the legal influence is not always. The relationship, unity and separation of legal influence and legal regulation suggest the need for a generalized approach to these legal phenomena. This position is confirmed by the author, focusing on formally vague norms, in particular those that contain intermediate concepts. Such concepts have a special ability to act as a means of legal influence, both related and unrelated to legal regulation. This ability stems from the properties of intermediate concepts, primarily from the ability to be a means and source (and this is the influence) of legal regulation. Summing up, the author notes that one of the means of legal influence, which accompanies legal regulation and is not directly related to it, are formally vague, in particular, intermediate (semi-valued) concepts. The study of this category of legal terms, their place and role in legal techniques, the ability to regulate public relations and influence them is one of the ways to determine ways to improve the legal regulation of social relations in the modern state.

New Approaches to Understanding Judicial Ethics in the Information

2020 ◽  
Vol 2 (3) ◽  
pp. 12-32
Author(s):  
E. V. Burdina ◽  
Keyword(s):  
Self Regulation ◽  
Legal Regulation ◽  
Subject Area ◽  
Social Needs ◽  
Legal Norms ◽  
Stage Of Development ◽  
Judicial Administration ◽  
Personal Approach ◽  
Personal Qualities ◽  
The Subject

Introduction. The article is devoted to the problems of the essence and content of judicial ethics in the new conditions of the technical revolution and with other social needs for legal regulation. Theoretical Basis. Methods. The work used a systematic, activity-personal approach to the study of moral and ethical standards of the conduct of judges. This made it possible to reveal a new and broader view on judicial ethics, which is not simply a set of moral restrictions and obligations imposed on a judge. Results. The work has identified and analysed the signs of judicial ethics at the current stage of development. It is argued that ethical regulation is precautionary in relation to the legal regulation of the independence of judges, for they complement ethical rules and reinforce legal norms. The ethical conduct of judges is an instrument guaranteeing judicial independence in all of its manifestations, including in organisational and judicial relations. The new realities of our time recognise the expansion of boundaries and the subject area itself of ethical regulation. A broader view on judicial ethics, which differs from the traditional one, is hereby justified. The latter is defined in two ways – namely both as a system of professional values, as well as a means of judicial administration based on the principle of self-regulation. By its very nature, judicial ethics is the result (and the way) of judicial self-governance, developed on the basis of the experience of functioning bodies of the judicial community. Discussion and Conclusion. Conclusions are drawn on both the instrumental and the managerial impact of the categories of ethics. The subject of judicial ethics has been defined, which constitutes the rules of conduct of judges in the performance of their professional duties and beyond – namely the set of general principles of work of a judge, as well as the personal qualities of a judge personifying the judicial power. Proposals on the optimisation of the mechanism of ethical influence, differentiation of ethical and disciplinary norms have also been substantiated.

scholarly journals Funkcje mediacyjne realizowane przez mediatora w trakcie mediacji. Wybrane zagadnienia

2018 ◽  
Vol 27 (3) ◽  
pp. 73
Author(s):  
Marzena Myślińska
Keyword(s):  
Legal Regulation ◽  
Professional Role ◽  
Legal Order ◽  
Mediation Process ◽  
Legal Relationship ◽  
The Social ◽  
Key Issues ◽  
The Subject ◽  
The Impact

<p>The subject of this article is the analysis of the activity undertaken during mediation in the context of the characteristics of the mediation process and the normative conditions of the legal relationship and disputes resolved through this form of ADR. In order to implement the project, the content of the work will contain a list of functions performed by the mediator during mediation as ‘the environment for performing the role’ (which is not closed due to the dynamics of interaction in the negotiations). Their character and content determine the nature of the social and professional role of mediators in the Polish legal order, it also allows us to illustrate in detail the key issues for reflection on the professional role, including, for example, legal liability and conflict of roles. Mediation functions are diversified in terms of the frequency of their implementation depending, among other things, on the strategy of conducting mediation, the specificity of the dispute and the legal regulation of mediation. The discussion of the last of the indicated differentiating factors (i.e. the impact of universally binding law) will be reflected in the content of the paper.</p>

scholarly journals MEDICAL AND PROCEDURAL-LEGAL ASPECTS OF INPATIENT AND OUTPATIENT FORENSIC PSYCHIATRIC EXAMINATION

2020 ◽  
Vol 73 (7) ◽  
pp. 1533-1538
Author(s):  
Sandra Kaija ◽  
Inga Kudeikina ◽  
Nataliya Gutorova
Keyword(s):  
Medical Practitioner ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Civil Procedure ◽  
Legal Doctrine ◽  
Psychiatric Examination ◽  
Legal Norms ◽  
The Subject ◽  
Forensic Psychiatric

The aim: The aim of the study is to define the legal framework of forensic psychiatric examination commissioned by the court in relation to the competence of medical practitioners and the position of the subject as a patient in the process of forensic psychiatric examination in order to determine the correlation of special legal regulation with criminal and civil procedure regulation and to make proposals for the enhancement of the legal regulation. Materials and methods: This study is based on the analysis of international law, medical civil procedure and criminal procedure legislation, juridical practice, medical law legal doctrine. The following methods were used in this research: the method of interpretation of legal norms, analysis of legal acts, and the induction-deduction method, upon which the conclusions were drawn and recommendations were provided. Conclusion: The current regulatory framework does not provide for the procedure by which the subject’s medical treatment is conducted during forensic psychiatric examination, nor does it determine the criteria for the admissibility of treatment of the persons concerned and the extent of treatment. During the examination, the medical practitioner who is in the expert’s procedural position in relation to the subject under examination in the particular examination should not carry out the treatment of the subject.

scholarly journals Banking operations as an object of administrative and legal protection

2018 ◽  
Vol 81 (2) ◽  
pp. 28-37
Author(s):  
M. Y. Bukreev
Keyword(s):  
Financial Institutions ◽  
Banking Sector ◽  
Banking System ◽  
Legal Protection ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Norms ◽  
The Past ◽  
The Subject ◽  
Banking Operations

The subject matter of the research is the relations that are formed in the process of banking operations. It has been substantiated that banks and the banking system are among the most important financial institutions, which proper and stable functioning influences on all other spheres of life in the state. It is proved by the consequences of crises in the banking sector that have occurred in Ukraine over the past few years. Awareness of the importance of this area and the possible consequences of unlawful encroachments have determined the need to search for all legal means for combating delicts in the sphere of banking operations. Understanding the fact that one can achieve significant results in the sphere of protecting banking operations by administrative and legal means, has necessitated this scientific study. In order to analyze banking operations as an object of administrative and legal protection, the author has fulfilled the following tasks. The author has highlighted the use of the concepts of “protection” and “administrative and legal protection” in the context of their implementation in relation to banking operations. The foundations of Ukrainian and international administrative and legal regulation of protecting relations in the sphere of banking operations have been revealed. The essence and features of banking operations influencing the understanding of the sphere of protected relations have been outlined; and the content of administrative and legal protection of relations in the field of banking operations has been revealed. It has been noted that there is an extensive system of banking legislation on legal norms in Ukraine regulating banking operations that require legal protection. The practical significance of the obtained results of the article is determined by the substantiated provisions for improving the approaches to increase the efficiency of the administrative and legal protection of the relations in the sphere of banking operations. A number of practical results of the research can be used while studying administrative and legal means of protecting relations in the field of banking operations.

Practical significance of law constitutional principles

2020 ◽  
pp. 435-441
Author(s):  
Aleksandr Paramonov
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Consciousness ◽  
Direct Role ◽  
Positive Role ◽  
Legal Norms ◽  
Russian Law ◽  
The Law ◽  
Basic Ideas

We consider the constitutional principles of Russian law in the framework of positivist legal consciousness. We note the highest value of the law constitutional principles, as the basic ideas that underlie individual branches of law and all legal regulation. We focus on the practical significance of the constitutional principles of Russian law. We point out that in order to overcome defects in the legal consciousness of the population, it is advisable to duplicate the law principles that enshrined in the Constitution of the Russian Federation and in sectoral legislation. We emphasize that the practical significance of the law constitutional principles is manifested not only in their direct role in the legal regulation of public relations, but also in the fact that in judicial practice they can be used in the case of applying the analogy of law and the analogy of legislation. We indicate that this legal and technical tool is used to fill gaps in legal regulation. It is used in many branches of Russian law: civil, civil procedural, arbitration procedural, ad-ministrative procedural, family and others. Thus, the study shows the positive role of law constitutional principles in decision-making by a law enforcer in the absence of sectoral legal norms applicable in a particular situation.

scholarly journals Legal aspects of the system of organization of public administration of the territories in the Russian Federation

2020 ◽  
pp. 26-38
Author(s):  
Marina Afanas'evna Lapina
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Legal Norms ◽  
Territorial Unit ◽  
The Subject ◽  
The Russian Federation ◽  
Further Development ◽  
Municipal Level

The subject of this research is the legal norms of the Constitution of the Russian Federation, as well as laws and bylaws regulating the system of organization of state and municipal administration of the territories of the Russian Federation with their further development. A substantial place within legal regulation is allocated to the Strategy of Spatial Development of the Russian Federation until 2025, passed in 2019. The article elucidates the problems of organization of public administration of the newly created territorial units &ndash; spatial agglomerations. The goal consists in presenting the analysis of the correspondence of legislation in the area of organization of public administration of the newly created administrative-territorial units based on economic priorities. The novelty of this research consists in the proposed strategy of scientifically substantiated recommendations on legislative regulation of public administration of the territories of the Russian Federation, with consideration of newly created territorial units &ndash; spatial agglomerations. The conclusion is made on the need to develop a single system of optimal legal regimes per specific territorial unit, representing certain type of agglomeration of supraregional, regional and/or municipal level in different variations.

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 LAW AS A VALUE, VALUES IN LAW (PART TWO)

2021 ◽  
Vol 1 (91) ◽  
pp. 69-79
Author(s):  
Aleksandrs Baikovs
Keyword(s):  
Legal Culture ◽  
Legal Regulation ◽  
Legal Order ◽  
Legal Consciousness ◽  
Apparent Lack ◽  
A Value ◽  
The Subject ◽  
The Law ◽  
The One ◽  
Fundamental Values

The paper deals with the category of "values", the Rights as a value, and fundamental values of law; including freedom, justice, and equality have been analyzed.The relevance of the research is determined not only by the apparent lack of exploration of the problem but also by the fact that the value of rights and legal values determine direction and meaning, as well as the content of the rules of law, which is their normative expression, and, ultimately, appearing as a kind of basis for the legal culture, the source of the formation of the legal consciousness and establishing legal order, ensuring the efficiency of legal regulation due to the using the embodiment in reality of freedom, justice, equality.Legal norms themselves acquire the importance of values and become the subject of evaluation. Among values themselves, which act as an ideal justification of law rules, the law rules themselves and assessments, on the one hand, there are not only close ties but also mutual transitions. Therefore, both their interrelated explanations and differentiation are necessary.

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