scholarly journals Historical and Legal Aspects of Implementation of Legal Incentives as the Major Regulator of Social Relations

2016 ◽  
Vol 1 (2) ◽  
pp. 11
Author(s):  
Provalinsky Dmitry Igorevich
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Individual Recognition ◽  
Legal Aspects ◽  
The State ◽  
Moral Norms ◽  
Legal Traditions ◽  
Stage Of Development ◽  
Theory Of Law ◽  
The Individual

The article reflects the main historical and legal aspects of the development of legal incentives, as a regulator of social relations. The author notes that social management is carried out by means of incentives and constraints expressed in the legal and moral norms. The current stage of development of society characterized by the need for States to actively socially useful behavior of participants in public relations in all spheres of life. Ideas legal incentives in the Russian theory of law related to the peculiarities of national awareness and entrenched legal and legal traditions, which are based both on the domestic and the global experience of the application of legal incentives. Analyzing the historical experience, the author notes that each stage of the development of society and the state has its own system of legal incentives, due to material and socio-cultural conditions of life and concludes that the decisive criterion in this respect is the attitude of the state to the individual, recognition of its individuality, independence of its rights. In principle, a change of power as a rule change and the system stimulants, which used this power in the arsenal of legal interventions. Analyzing the political and legal views of ancient philosophers, European thinkers XVIII - XX centuries, the author concludes that the institution of legal stimulation has evolved from simple forms to more complex ones. Studying the experience of implementation of the legal incentives accumulated throughout different periods of development of the statehood is one of the major stages in studying of the essence and accurate understanding of this many-sided phenomenon.

scholarly journals A legal norm: general theoretical characteristic

2021 ◽  
pp. 51-68
Author(s):  
S. V. Pryima
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
General Rule ◽  
The State ◽  
Legal Norm ◽  
Theoretical Research ◽  
General Character ◽  
Legal Norms ◽  
Special Area ◽  
Theory Of Law

The article carries out a general theoretical research of the legal norms. It is emphasized that a legal norm is one of the key concepts of the theory of law, and the importance of a detailed study of the problems of legal norms is due primarily to the fact that the law has such feature as normativity. It is noted that the issue of regulating the behavior of subjects through the legal norms is especially relevant in the legal field, because the fulfillment of the requirements of these rules depends on the state of order of public relations, that is law and order. A legal norm is defined as a fixed in the sources of law binding general rule, which determines the standard of obligatory or permitted behavior or the consequences of its violation in the field of crucial social relations, the effective action of which is ensured by the state. The features of legal norms are considered in two aspects: 1) the features of legal norms that are common to the features of other social norms; 2) specific features of legal norms. The features of the first group include the following: the norms of law are the rules of behavior that regulate social relations and normalize social communication; are socially determined rules of behavior; ensure stability and order in society; are typical models of behavior; have a general character; are created and realized due to human will and mind; supported by remedies of influence (sanctions) in case of violation. The second group is formed by the following features: the norms of law are the primary, elementary components of law; they establish a standard of lawful behavior of a person and determine the consequences of its violation; regulate the special area of social relations, which are most important for the existence, development and functioning of society; have an official state-authoritative character; are binding, supported by the possibility of state coercion; have specific sources of expression. It is also emphasized that the norms of law are fixed in official sources not directly, but through a special form of its external expression – normative-law prescriptions, with which they relate as content and form. On this basis, a normative-law prescription is defined as a written, logically complete legal provision formulated by an authorized subject, which establishes a rule of behavior in a specific source of law and is a technical and legal remedy of formal expression of a legal norm.

Reflections on the existence of the science of criminal law

2021 ◽  
pp. 156-161
Author(s):  
I. Mytrofanov
Keyword(s):  
Social Justice ◽  
Public Relations ◽  
Criminal Law ◽  
The State ◽  
Crime And Punishment ◽  
Self Defense ◽  
Illegal Acts ◽  
The Subject ◽  
The Individual ◽  
The Right

The article states that today the issues of the role (purpose) of criminal law, the structure of criminal law knowledge remain debatable. And at this time, questions arise: whose interests are protected by criminal law, is it able to ensure social justice, including the proportionality of the responsibility of the individual and the state for criminally illegal actions? The purpose of the article is to comprehend the problems of criminal law knowledge about the phenomena that shape the purpose of criminal law as a fair regulator of public relations, aimed primarily at restoring social justice for the victim, suspect (accused), society and the state, the proportionality of punishment and states for criminally illegal acts. The concepts of “crime” and “punishment” are discussed in science. As a result, there is no increase in knowledge, but an increase in its volume due to new definitions of existing criminal law phenomena. It is stated that the science of criminal law has not been able to explain the need for the concept of criminal law, as the role and name of this area is leveled to the framework terminology, which currently contains the categories of crime and punishment. Sometimes it is not even unreasonable to think that criminal law as an independent and meaningful concept does not exist or has not yet appeared. There was a custom to characterize this right as something derived from the main and most important branches of law, the criminal law of the rules of subsidiary and ancillary nature. Scholars do not consider criminal law, for example, as the right to self-defense. Although the right to self-defense is paramount and must first be guaranteed to a person who is almost always left alone with the offender, it is the least represented in law, developed in practice and available to criminal law subjects. Today, for example, there are no clear rules for the necessary protection of property rights or human freedoms. It is concluded that the science of criminal law should develop knowledge that will reveal not only the content of the subject of this branch of law, but will focus it on new properties to determine the illegality of acts and their consequences, exclude the possibility of using its means by legal entities against each other.

scholarly journals Conceptual Approaches to the Problem of national Security Concept

2021 ◽  
Vol 80 (1) ◽  
pp. 21-27
Author(s):  
Ю. О. Загуменна
Keyword(s):  
Public Relations ◽  
National Security ◽  
Social Relations ◽  
Public Support ◽  
The State ◽  
National Interests ◽  
Security Sector ◽  
Progressive Development ◽  
Goals And Objectives ◽  
Special Protection

A comprehensive theoretical and legal study of the transformation of ideas about the nature of national security reform in domestic jurisprudence has been carried out. The author has defined the priorities and directions of the reform in the field of national security and, more importantly, its theoretical and methodological basis. It has been determined that the main object of the reform in the field of national security is the whole complex of public relations, which is subject to special protection by the system of entities of ensuring national security. The system of such social relations is centered around the defining national interests, which usually include the vital interests of a man, society and the state and the implementation of which ensures the state sovereignty, its progressive development, and safe living conditions and welfare of citizens. It has been noted that the main purpose of national security reform is to improve legislation and governance in the national security sector, which can provide qualitative strengthening in accordance with current and future needs of society to protect key national interests from external and internal real and potential threats. It has been concluded that national security is not considered in modern, both domestic and international science, exclusively as an “acquisition” and a sphere of monopoly responsibility of the state; we cannot eliminate the active participation of civil society structures, which should exercise public control over the course of such a reform and, if necessary, should have the tools of close communication with state authorities at the stage of initiating the reform, constructing its goals and objectives, directions and perspectives and at the stages of its implementation. Restriction of the capacity of the state, especially in times of economic crisis, highlights the need to optimize the participation of non-government actors in ensuring national security. Obviously, such activity of the non-governmental sector should be strongly encouraged by legislative instruments, legitimizing measures for national security reform through its close involvement and providing them with additional public support.

scholarly journals “Every Scientifically Educated Lawyer Should be a Cultural Fighter for the Ideals of Law in Life!“ — Nikolay I. Palienko’s Legal and Political Views

Lex Russica ◽  
2021 ◽  
pp. 123-135
Author(s):  
A. S. Tumanova ◽  
A. A. Safonov
Keyword(s):  
Natural Law ◽  
Essential Element ◽  
The State ◽  
Legal Concept ◽  
Late Imperial ◽  
Imperial Russia ◽  
Stage Of Development ◽  
Theory Of Law ◽  
Integrative Concept ◽  
Legal Understanding

. The paper analyzes the legal views of Nikolay I. Palienko, a prominent philosopher of law and a state historian of the beginning of the last century. The authors pay significant attention to the integrative concept of legal understanding that is followed by Prof. Nikolay Palienko. They also substantiate originality and significance of the concept in the light of modernization of the political and legal order in late imperial Russia. It seems that under certain conditions it could serve as a bridge between positivist jurisprudence and the doctrine of “reborn natural law” developed in pre-revolutionary Russia. It was intended to smooth out the contradictions in both doctrines and contribute to the development of a new methodology for law understanding in the context of transformation of the Russian legal system towards establishing institutions of constitutional order.On the basis of published sources, the authors show the evolution of the scholar’s views from the positivist theory of law to idealism that is not properly estimated in the legal literature and is quite typical for the legal scholars of the interrevolutionary period.The authors conclude that Prof. Nikolay I. Palienko scholarship and knowledge allowed him to substantiate his own concept of legal understanding that can be considered integrative on the basis of achievements of the positivist theory of law, philosophy of natural law, psychological and sociological concepts of legal understanding. Prof. Palienko proclaimed the normative nature of law and at the same time expressed ideas of the supremacy of law over the state and the coherence of the state provided by law. An essential element of his legal concept was the legal consciousness of the society, acknowledgement of its role in the course of law education, as well as its establishment as a source of law. Palienko’s idea of legal coherence of the state represents a synthesis of positivism with idealism and leads to a new stage of development of legal methodology and ideology, namely: integrative jurisprudence. Scholar’s political and legal ideas contributed to the development of ideas about the rule of law, which were very popular in Russia during the period of development of representative institutions and constitutionalism.

On the issue of legal status of spiritual Christians Molokans in the Russian Empire

2020 ◽  
pp. 129-135
Author(s):  
Dmitriy I. Frolov
Keyword(s):  
Public Relations ◽  
Research Methods ◽  
Religious Education ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Russian Empire ◽  
The State ◽  
The Russian Empire ◽  
The Individual

The purpose of this work is to give a brief analysis of the legal status of spiritual Christians Molokans in the Russian Empire, following the dynamics of state legal regulation. The problem of the individual sectarian groups status remains little studied in both domestic and foreign literature, which determines its relevance. We use the following research methods: chronological, problem and analytical. We analyze the norms of administrative and criminal law in force in the 19th - early 20th centuries in the Russian Empire, which regulate the rights and obligations of subjects assigned to the Molokan sect. The analysis showed that the legal impact of the state on the Molokans was repressive and causal throughout most of the studied period. Only the reign of Alexander I was marked by a loyal attitude towards sectarians. After the revolutionary events of 1905, a number of civil and religious freedoms were granted to the Molokans, however, one cannot speak of the religious equality of all subjects during this period. After 1905, specialized acts were passed regulating the procedure for registering communities, holding conventions, organizing religious education, and other areas of public relations.

Actual Issues of Treaty Law in CIS Countries

2019 ◽  
Vol 10 (7) ◽  
pp. 2207
Author(s):  
Olga I. ZOZULYAK ◽  
Oksana S. OLIINYK ◽  
Liliana V. SISHCHUK ◽  
Nataliia A. SLIPENCHUK ◽  
Yuliia I. PARUTA
Keyword(s):  
Social Relations ◽  
The State ◽  
Freedom Of Contract ◽  
Contractual Relationship ◽  
Treaty Law ◽  
Unified View ◽  
Contractual Obligations ◽  
Cis Countries ◽  
The Individual ◽  
Legal Fact

The development of social relations requires changes in various spheres of human activity and, accordingly, in the relations between the state and society, between the state and the individual. In addition, one of the effective regulators of these relations is a treaty, which can be used in various spheres. To date, the science has not developed a unified view of the contract, and its issues are discussed by representatives of various scientific fields, with the contract being studied as a legal fact, agreement, legal relationship, document and in this regard is defined differently. Moreover, contractual relationship is in constant flux and suffer from changes caused by various factors of legal validity. Therefore, treaty law and the rules governing contractual obligations are given a great deal of attention during improving the process of reforming civil law and ensuring its further effective implementation in the CIS. Within the framework of the conducted research and comparative analysis of the legal bases and practice of application in the sphere of treaty law, the author has formulated grounded positions on the outlined and topical issues, which are as follows: (1) the peculiarities of the use of terminology in the context of the problem of interpretation of contract terms are revealed; (2) identified problems that arise during the termination of treaties in the CIS; (3) the influence of innovative technologies and globalization and the nature of contractual relations in the territory of the CIS countries are established; (4) approaches to ‘smart-contracts’ and a public contract are disclosed; (5) the discussion approaches to understanding the concept of ‘freedom of contract’ are analyzed; 6) a conditional list of the most pressing issues of contract law that arises in the CIS are formed.  

scholarly journals Civilizational heterogeneity of Russia. Property in the field of civilizational development

2021 ◽  
Vol 12 (3) ◽  
pp. 27-53
Author(s):  
Lyudmila A. Belyaeva
Keyword(s):  
Public Relations ◽  
Technological Development ◽  
Social Benefit ◽  
Traditional Values ◽  
Behavioral Models ◽  
Moral Norms ◽  
Property Relations ◽  
Western Model ◽  
Stage Of Development ◽  
Legal Forms

The article considers the Russian civilization as a socio-cultural community that includes different civilizational formations, the fact that determines its heterogeneous nature. An indicator of the heterogeneity of a society is its social structure, with civilisational rifts present - such an opposition of individual structural elements that has a civilizational character. In modern Russia, three civilizational rifts can be recorded. The first of them is based on the existence in the country of different levels of technical and technological development and, accordingly, of the nature and content of laborur of the population. The second rift is due to the material differentiation of the society: from the standard of living (on the threshold and beyond the poverty threshold) to the possession of multibillion fortunes, that leads to a deep difference in the quality of life of the population, that is an attributive feature of various civilizations. The third rift is related to the historically uneven development of the regions. Along with the regions that have entered or are already at the informational stage of development (they are in minority), most of the regions are at the industrial stage, and in some regions, a pre-industrial agrarian society with stable traditional values ​​still prevails. Accordingly, informational, industrial and traditional subcivilizations coexist in the vastness of Russia. Property relations are considered among the significant factors of civilizational development. Property relations are first of all economic and juridical (legal) relations. Property as a social relation carries the historically stipulated content of the moral norms, justice, individual and social benefit. Property is embodied not only in legal forms, but also in customs, cultural patterns, habits, types of thinking and behavioral models. In Russia, the property right of an individual has always been oriented towards "internal justice", correlated in the public and individual consciousness with the prevailing ideas of the proper. Whereas in Western civilization there has been entrenched the priority of public relations based on the protected by law private interest of an individual. The reorientation of property relations in Russia to the Western model, including in the memory of our contemporaries, has not been a success due to the traditionally strong etacratic influences, the dominance of the “power-property” relationship.

scholarly journals MANAGEMENT OF PROFILE FACTORS OF MODERNIZATION OF INDUSTRIAL ENTERPRISES

2017 ◽  
pp. 4-9 ◽  
Author(s):  
H. S. Abelian ◽  
N. E. Ivanova
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Active Management ◽  
Time Lags ◽  
Industrial Complex ◽  
Industrial Enterprises ◽  
Econometric Methods ◽  
Stage Of Development ◽  
Technological Modernization ◽  
Relevant Factors

In the article, using econometric methods to analyze various aspects of identification of relevant factors of modernization of industrial enterprises, determined the most effective relations between them, their ranking is carried out. The paper provides an understanding of the role and place of the accelerated technological modernization of the industry as one of the imperatives of the state socio-economic strategy that currently updates the problem identification forms, mechanisms, strategies to build domestic industrial capacity. Along with this, SMEs require clear mechanisms of organizational-economic providing of the implementation of comprehensive modernization, including taking into account the specifics of the industrial complex and the accumulated socio-economic potential of the region. This predetermines the importance of the formulation of problems of organizational-economic providing of processes of technological modernization of the industry at the regional level. Discusses the changes in the process of modernization: the emergence of the latest procedures and devices of resolving social problems on the basis of improvement of all system of public relations and modification of way of life the emergence of innovative technologies; development of commodity-money relations, the acquisition of the highest level of professional expertise of managers and employees; the modification of social relations. The generalized algorithm effective management of the enterprise in terms of innovation, the tools identify the time lags of development of the enterprise. It is concluded that the identification of the relevant factors provides the possibility of optimizing the process of active management of innovative activity taking into account the stage of development of the enterprise.

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 Prerequisites for the Formation of the Anti-Corruption Security Theory in the Russian Federation

2021 ◽  
Vol 14 (11) ◽  
pp. 1690-1709
Author(s):  
Irina A. Damm ◽  
Keyword(s):  
Public Relations ◽  
National Security ◽  
Russian Federation ◽  
Integral Condition ◽  
The State ◽  
Security Strategy ◽  
National Security Strategy ◽  
Presidential Decree ◽  
The Russian Federation ◽  
The Individual

Security is one of the basic needs of the individual, society and the state, as well as an integral condition for their development. Corruption is among the threats to the national security of the Russian Federation, as it follows from the National Security Strategy approved by Presidential Decree No. 683 of 31.12.2015. The significant efforts made by the state since the mid‑2000s to form and improve social, legal and organizational mechanisms for combating corruption consistently lead to positive results. At the same time, we have to state that corruption continues to cause irreparable harm to public relations, creates an atmosphere of social tension in society. It is no coincidence that the new National Security Strategy, approved by Presidential Decree No. 400 of 02.07.2021, emphasizes the need of society to strengthen the fight against corruption. The high rates of development of anti-corruption legislation, as well as the institutionalization of anti-corruption structures, have led to the formation of natural intra-system contradictions that hinder the further sustainable development of anti-corruption activities. The emerging trends of stagnation of the anti-corruption system actualize the search for qualitatively new fundamental scientific developments that allow us to reach a new level of intersectoral scientific understanding and development of anti-corruption mechanisms. The current stage of the development of scientific knowledge about the phenomena of corruption and security, as well as the relevant anti-corruption and security systems, allows us to identify sufficient prerequisites for the beginning of the development of the theory of anti-corruption security, which contains methodological approaches to ensuring personal, state and global anti-corruption security

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