scholarly journals Some issues of legal regulation of political advertising

2021 ◽  
Vol 2 (20) ◽  
pp. 9
Author(s):  
R. V. Vaksman
Keyword(s):  
Political Parties ◽  
Public Relations ◽  
Political Advertising ◽  
Legal Regulation ◽  
Local Elections ◽  
Political Actors ◽  
Current State ◽  
The Law ◽  
Definition Of ◽  
First Time

For the first time in Ukraine, the definition of «political advertising» is reflected in the Law of Ukraine «On Elections of People’s Deputies», so far only on the basis of the definition of «advertising» in the Law of Ukraine «On Advertising» it was possible to qualify political advertising as any information about political actors, political parties, designed to raise awareness of their activities. The mechanism of legal regulation of political advertising involves the development and adoption of national laws and regulations governing public relations arising in the process of production, placement, distribution of political advertising, because in this case may affect the interests of society and the state as a whole. Today the issue of political advertising is regulated by several legal acts, in particular in Article 1 of the Law of Ukraine «On Advertising» provides only the definition of such advertising without details, the Law of Ukraine «On Local Elections», the Law of Ukraine «On Elections of Deputies of Ukraine», the Electoral Code Ukraine’s norms stipulate the peculiarities of campaigning in the form of political advertising, some restrictions on campaigning, etc. Therefore, the legislation should be characterized by the dispersion of norms on such advertising and inconsistency in the definition of «campaigning» and «political advertising. Therefore, it is suggested to get acquainted in detail with such a phenomenon as political advertising. The article focuses on the existence in the literature of different approaches to the definition of «political advertising» of its essence, considers the distinction between «political advertising» and «election campaigning», as well as analyzes current legislation and the current state of the legal regulation of this type of advertising

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

scholarly journals The genesis of Russian electoral PR: issue of periodization

2020 ◽  
Vol 25 (4) ◽  
pp. 756-765
Author(s):  
Marina G. Shilina ◽  
Igor E. Mintusov
Keyword(s):  
Public Relations ◽  
Research Problem ◽  
Legal Regulation ◽  
Subject Area ◽  
Communication Process ◽  
Russian Scientific ◽  
Communication Models ◽  
The Russian Federation ◽  
Definition Of ◽  
First Time

In modern Russia, the electoral PR practices make up a significant share in the national public relations structure but have not been systematically studied until now. The directions of communication activities, the object-subject area, as well as the problems of genesis, which is the basis of research in each subject area, have not been systematically studied yet. The research problem is determined by the lack of sufficient novelty and specificity of empirical material, the lack of significant theoretical and methodological foundations and concepts. For the first time in the Russian scientific discourse, the paper presents the definition of electoral PR as a communication process and determines the features of its genesis from the late 1980s to 2014 in the Russian public relations formation context. On the basis of the structural-functional and model approaches, the characteristics, structure, models, messages, functions, and parameters of electoral PR institutionalization are fixed. For the first time, the paper presents the elements, the new subjects of the electoral PR communication models in the Russian Federation. The proposed author's PR periodization methodology is relevant for the electoral public relations periodization as well. The legal regulation of the electoral process as one of the basic conditions for the transformation and periodization of electoral PR is mentioned. The revealed characteristics of the genesis of Russian electoral PR make it possible to record the incompleteness of the process of its institutionalization by the mid-2010s. The presented methodological grounds for studying elective public relations seem to be basic for further research in this area.

scholarly journals POLITICAL ADVERTISING: SOME ISSUES OF LEGAL SUPPORT

2019 ◽  
pp. 22-26
Author(s):  
V. Riznyk
Keyword(s):  
Government Expenditure ◽  
Political Advertising ◽  
Legal Regulation ◽  
The European Union ◽  
Electoral Process ◽  
State Budget ◽  
Political Actors ◽  
Advertising Law ◽  
Commercial Advertising ◽  
Definition Of

The article examines some issues of legal support of political advertising during the process of election, but is not limited to it, as well as how they affect the outcome of elections. In this study comparative, observation, dynamical analogies, analysis methods are used. The author compares the current legislation of Ukraine and the legislation of a number of other European countries and identifies their common and distinctive features. Special attention is given to the political advertising law of Poland, as its closest neighbour. Also, the legislation of France, Germany and Great Britain is examined. The article underlines their main differences. Partial and systematic violations of advertising legislation during the electoral process and during the period between the elections are also identified. The article also shows that the issue in question is not fully studied by legal scientists. The research, in particular, emphasises on the lack of comprehensive definition of political advertising and its legal regulation during the period between the elections. The article draws attention to the incorrectness in law legal regulation of political advertising by the laws regulating commercial advertising. The legal acts, that influence the results of elections are specified, in particular, the author pays attention to the state budget funding for political parties. Reducing Government expenditure can preserve the principle of absolute equality among political actors, so they could participate constructively in the elections. The best thing to do considering the circumstances is to adopt a new law on political advertising or to to amend the existing Act, that regulates advertising in general. As a result, it is proved that political advertising is not limited to the electoral process and must be governed by legislation. The article also states that any law in this area also should comply with international law, especially with acts adopted by the European Union.

Modern Conception of Combined “ICS”-approach (“Information, Cybernetic and Synergetic”) for Analysis and Optimization of Legal Ergasystems

2020 ◽  
Vol 2 (1) ◽  
pp. 59-81
Author(s):  
D. A. Lovtsov ◽  
Keyword(s):  
Public Relations ◽  
Functional Organization ◽  
Dynamic Equilibrium ◽  
Physical Nature ◽  
Legal Regulation ◽  
Cybernetic System ◽  
Methodological Principles ◽  
Definition Of ◽  
Concept Of Information ◽  
Theoretical Apparatus

Introduction. The lack of a coherent systemology law does not enable the use of evidence-based formalization to solve the basic theoretical problems of law interpretation and enforcement. The development of an appropriate formal-theoretical apparatus is possible on the basis of a productive systemological concept. The justification of this concept is based on the study of philosophical bases and fundamental principles (integrity, dynamic equilibrium, feedback, etc.) and the use of logical and linguistic methods of problem-oriented system approach. Theoretical Basis. Methods. The conceptual and logical modeling of legal ergasystems, the systems analysis and resolution of the theory-applied base of technology of two-tier legal regulation; the synthesis and modification of private scientific results of the author published in 2000–2019, with copyright in the author’s scientific works and educational publications. Results. The contemporary conceptual variant of combined “ICS”-approach (“information, cybernetic and synergetic”) as a general methodology of analysis and optimization of legal ergasystems, as characterized by the following conditions: the substantiation of the appropriate three-part set of methodological research principles, corresponding to the triple-aspect physical nature of the study of complex legal systems as ergasystems; the clarification of the conceptual and logical model of the legal ergasystem taking into account the fundamental feedback principle; the definition of the law of necessary diversity of William R. Ashby is justified and corresponding conditions of realize of effective technology of two-level (normative and individual) legal regulation; the definition of basic concepts and methodological principles of modern systemology of legal regulation; the justification of the functional organization of the Invariant Rational Control Loop. Discussion and Conclusion. A developed conceptual object-oriented version of combined “ICS”-approach for analysis and optimization of legal ergasystems is a methodological basis for the development of a working formal-theoretical apparatus of legal regulation systemology. This will formalize the decisions of the main theoretical problems of law interpretation and enforcement, as well as developing and implementing special information and legal technologies based on the concept of information and functional databases and knowledge. This will in turn ensure the information increases the effectiveness of the system of legal regulation of public relations as an information and cybernetic system subject to the subjective organizing process of human activity and the objective synergetic processes of disorganization.

scholarly journals Legal regulation of legal relations in the field of land accounting

2019 ◽  
Author(s):  
D. Kondratenko
Keyword(s):  
Public Relations ◽  
Local Governments ◽  
Legal Regulation ◽  
The State ◽  
Main Body ◽  
Public Authorities ◽  
Registration System ◽  
Land Registration ◽  
Land Relations ◽  
Definition Of

Problem setting. The article analyzes the issue of legal relations in the field of land accounting. The legal nature of public relations in this area has been clarified. The accounting of the quantity and quality of land is investigated. The author’s definition of legal relations in the field of land accounting is provided. The circle of subjects of these legal relations is outlined. Analysis of recent researches and publications. To date, in the scientific literature there is no comprehensive study of the legal regulation of legal relations in the field of land accounting. There are only developments devoted to certain issues of land law science. Target of research. The study of the legal regulation of legal relations arising in the field of land accounting, the allocation of subjects of these legal relations. Article’s main body Justification of the appropriateness of obtaining, systematizing all the resources available on the land plot, determining the size, quality status and distribution of the land fund, providing the necessary data about the land, studying the legal relations arising on this occasion. The basis of the land registration and registration system in Ukraine is the State Land Cadastre. It reflects the subjective information on land, which accumulates as a result of land accounting. Such information is necessary primarily for the implementation of state control over the use, reproduction and protection of land. Only a legally regulated and wellmaintained process of conducting accounting and registration activities in the field of land relations can become the key to the introduction and functioning of a transparent mechanism for the circulation of land in market conditions and an effective mechanism for managing them. In this aspect, it is important to note that it is necessary to distinguish land accounting in the proper sense and land rights accounting (as a broader category compared to the first). In the context of the land registration reform and the further process of improving the State Land Cadastre, it is necessary to talk about the formation of land information relations. Conclusions and prospects for the development. Land accounting relationships are public relations that arise in connection with the activities of public authorities and local governments, which are endowed with appropriate powers to take measures to obtain, systematize and analyze information on the quantity, territorial location and use of land. The subjects of these legal relationships are landowners and land users, the state, state authorities and local selfgovernments, who are vested with the respective powers.

scholarly journals Social Conditionality of Establishing Criminal Responsibility and Punishment for Military Personnel

Lex Russica ◽  
2020 ◽  
Vol 73 (6) ◽  
pp. 97-109
Author(s):  
V. P. Bodaevskiy
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Military Personnel ◽  
Criminal Behavior ◽  
Criminal Responsibility ◽  
Modern Science ◽  
Legal Regulation ◽  
Military Law ◽  
Definition Of ◽  
The Individual

Many publications are devoted to the identification of social conditionality of criminal regulations. However, the science of criminal law does not have any comprehensive research on the social conditionality of establishing criminal responsibility and punishment for military personnel. In this regard, its essence, features and criteria for identification remain practically unknown. The paper reveals the problematic aspects of the concept and meaning of social conditionality of establishing criminal responsibility and punishment for military personnel; the author’s definition is given. Based on the widespread opinion in the theory of criminal law that the mechanism for identifying this social condition consists of criteria that are studied by the legislator at the appropriate stages of the processes of criminalization (decriminalization) and penalization (depenalization) of military socially dangerous acts, the author analyses them in detail. The problem of ways of legal regulation of criminal responsibility and punishment of military personnel is touched upon. It is stated that the peculiarity of the definition of this social conditionality is the resolution by the legislator, among other dilemmas, of the question of the need for normative fixing of a special military or ordinary prohibition and (or) fixing of the corresponding special military regulationsin the general part of the Criminal Law.The author concludes that the identification of social conditionality of the criminal-normative prescription on responsibility and punishment of military personnel is one of the important tasks of modern science of criminal law, which necessitates the development of a unified approach to the structure and content of this process. The establishment of the theoretical and legal essence of this conditionality should be considered as the most important step in this direction. The author offers the following definition. It is the compliance of criminal regulations that establish responsibility and punishment for criminal behavior of military personnel, resulting from the demand of society in the objective need for criminal law protection of military law and order and other public relations that are most important for the individual, society and the state.

scholarly journals CRIMINAL DELINQUENCY – CYBERSTALKING: CHARACTERISTICS OF OBJECT AND OBJECTIVE SIDE

2018 ◽  
Vol 2 (83) ◽  
pp. 45
Author(s):  
Uldis Ķinis
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Written Text ◽  
Legitimate Interest ◽  
International Regulations ◽  
Actus Reus ◽  
The Law ◽  
Definition Of ◽  
Objective Side ◽  
First Time

On January 2018 significant amendments to the Criminal Law and the Law On the Procedure for Application of the Criminal Law came into force in Latvia. These changes not only in the first time introduce the criminal responsibility for the emotional violence, but also determine the procedure for assessing emotional disparity, equating the effects to telepathic injuries.In the article, the author reviews a modality of crime “persecution” - cyber-persecution. Although the legislator in the annotation of the law provides that the article also shall be applicable to acts committed in cyberspace, at the same time, the author indicates some problems that may arise due to the narrow interpretation of the law by the law enforcement. The purpose of the article is to study the object (protected legitimate interest) and the objective side (actus reus) of the offense - cyber-stalking. For purposes of research, several methods have been used. The method of comparative analysis, for examination and comparison of external and international regulations. Methods of legal interpretation used to disclose the differences between the understanding of the written text of the definition of the crime and what ought to be understood in the meaning of the norm. Finally, the author presents the conclusions and proposals on the application of the norm.

scholarly journals Peculiarities of legal regulation of activities of the National Police of Ukraine in the field of ensuring information security in Ukraine

2020 ◽  
Vol 79 (4) ◽  
pp. 32-38
Author(s):  
І. Д. Казанчук ◽  
В. П. Яценко
Keyword(s):  
Information Security ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Legal Principles ◽  
Cyber Threats ◽  
Current State ◽  
Effective System ◽  
Definition Of ◽  
Definition Of Information ◽  
National Police

Based on the analysis of scientific concepts and legal principles the author has provided the definition of information security, provision of information security in Ukraine and has characterized its components. The current state of legal regulation of the organization and activity of cyberpolice units of the National Police of Ukraine has been analyzed. Particular attention has been paid to the legal analysis of the tasks, functions and structure of the Cyberpolice Department of the National Police of Ukraine. Special attention has been drawn to certain shortcomings of Ukrainian legislation in the field of ensuring information security by the police, its compliance with the norms and standards of international law. Taking into account the specifics of the tasks, the author has provided characteristics of the functions of cyberpolice units in the information sphere, which should be divided according to the purpose into: 1) basic (external), which are focused on law enforcement and preventive aspects; 2) auxiliary (intrasystem), which are focused on promoting the implementation of basic functions, the introduction of appropriate management mechanisms within the system. It has been stated that the modern system of ensuring information security and cybersecurity in Ukraine should be one effective system, consisting of such mandatory components as legal, educational and technical. It has been concluded that in order to improve the legal principles for the organization and activities of cyberpolice units of the National Police in the field of ensuring information security and counteracting cyber threats, first of all, it is necessary to optimize the organizational structure of cyberpolice, reasonably distribute the functions (powers) between cyberpolice units and other subjects combating cyber threats in Ukraine, to create appropriate conditions for reaching a qualitatively new level of interaction between them and coordination of their activities in the field of ensuring information security in modern conditions.

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.

DIGITAL FINANCIAL TOOLS FOR SOCIALIZING PRIVATE LAW

2021 ◽  
pp. 208-224
Author(s):  
Julia S. Kharitonova ◽  
◽  
Larisa V. Sannikova ◽  
Keyword(s):  
Public Relations ◽  
The United States ◽  
Legal Regulation ◽  
Private Law ◽  
Property Relations ◽  
The World ◽  
The Law ◽  
Private Investors ◽  
The Way

Nowadays, the law is being transformed as a regulator of relations. The idea of strengthe-ning the regulatory role of technologies in the field of streamlining public relations is making much headway in the world. This trend is most pronounced in the area of regulation of private relations. The way of such access to the market as crowdfunding is becoming increasingly widespread. The issuing of the so-called secured tokens is becoming popular for both small businesses and private investors. The trust in new ways of attracting investments is condi-tioned by the applied technology - the use of blockchain as a decentralized transparent data-base management system. Under these conditions, there is such a phenomenon as the democ-ratization of property relations. Every individual receives unlimited opportunities to invest via technologies. Thus, legal scholars all over the world face the question about the role of the law and law in these relations? We believe that we are dealing with such a worldwide trend of regulating public relations as the socialization of the law. Specific examples of issuing tokens in Russia and abroad show the main global trends in the transformation of private law. The platformization of economics leads to the tokenization and democratization of property relations. In this aspect, the aim of lawyers should be to create a comfortable legal environment for the implementation of projects aimed at democratizing property relations in Russia. The socialization of private law is aimed at achieving social jus-tice and is manifested in the creation of mechanisms to protect the rights of the weak party and rules to protect private investors. Globalization requires the study of both Russian and foreign law. To confirm their hypothesis, the authors conducted a detailed analysis of the legislation of Russia, Europe and the United States to identify the norms allowing to see the process of socialization of law in the above field. The generalization of Russian and foreign experience showed that when searching for proper legal regulation, the states elect one of the policies. In some countries, direct regulation of ICOs and related emission relations are being created, in others, it is about the extension of the existing legislation to a new changing tokenization relationship. The European Union countries are seeking to develop common rules to create a regulatory environment to attract investors to the crypto industry and protect them. Asian countries are predominantly developing national legislation in isolation from one another, but most of them are following a unified course to encourage investment in crypto assets while introducing strict rules against fraud on financial markets. The emphasis on the protection of the rights of investors or shareholders, token holders by setting a framework, including private law mechanisms, can be called common to all approaches. This is the aim of private law on the way to social justice.

Sign in / Sign up

Export Citation Format

Share Document