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.

General nature of legal regulation of constitutional legal relations

2021 ◽  
Vol 62 (01) ◽  
pp. 147-150
Author(s):  
Parvana Bayram Babaeva ◽  
Keyword(s):  
Public Relations ◽  
Coercive Force ◽  
Social Relations ◽  
Legal Regulation ◽  
The State ◽  
General Nature ◽  
General Character ◽  
Legal Norms ◽  
General Rules ◽  
Coercive Behavior

Summary Constitutional legal norms are general rules of compulsory behavior established or sanctioned by the state for the purpose of protection and regulation of certain public relations. There are implemented through specific rights and obligations and provided by the coercive force of the state. Constitutional legal norms are general rules of coercive behavior established by the state for the purpose of protecting and regulating certain social relations. These are legal norms implemented through certain rights and obligations and provided by the coercive force of the state. The content of constitutional legal relations reflects the mutual rights and obligations of the parties. These rights and responsibilities are closely related. Traditionally, the obligation of one party is considered to correspond to some right of the other party. Key words: constitution, legal relationship, general character, regulation, normative

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 Components of the normative element in the mechanism of legal regulation of civil relations

2020 ◽  
Vol 11 (11) ◽  
pp. 47-52
Author(s):  
Kostruba A. V.
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Structural Adjustment ◽  
Legal Regulation ◽  
The State ◽  
Private Life ◽  
Legal Norm ◽  
Real Field ◽  
The Real ◽  
Regulatory Influence

The article is devoted to the study of the structure of the normative element of the mechanism of legal regulation of social relations. The mechanism of legal regulation of relations is considered as a system of legal means, methods and forms which regulate social relations. At the same time, under current conditions of the society development such regulation is achieved with minimal normative of the state. Scientists claim the variability of the normative element of the mechanism of legal regulation of social relations. The normative regulator is not the only way of influence on the subject’s assessment of abilities in the social environment. The abovementioned is manifested in the field of relations free of the state imperative pressure – relations, which formation is conditioned by the sphere of a person’s private life. Legal regulation of social relations in this field is achieved through the mediation of other regulators which have a common nature with the legal norm but a subjective limitation of their obligation. Variability of the parameters making their content and essence may not always be fit into previously established normative regulators. Therefore, the legal norm may not regulate certain types of social relations. Moreover, the disposition of legal norms may not even meet the real needs of the subjects of a particular relationship. Or vice versa, a legal norm may contain only declarative principles or definitions, complicating the appropriate level of legal regulation of relations. It is proved that legal norm is not a fundamental element of the mechanism of legal regulation of social relations, through which relations between the society members from the essential field to the real field and formation of corresponding legal relations between them are regulated. Corresponding regulatory influence is provided by other regulators of various legal nature, but of identical axiological significance. The author argues that along with the legal norm the legal means for ensuring the mechanism of legal regulation of public relations include alter-normative regulators (agreement, practice), which represent a mutually agreed formation and further application of a corresponding normative structure to the specific model of behaviour of the participants of legal relations. Besides, over-normative (legal principles) and quasi-normative (judicial acts) regulators are distinguished along with normative and alter-normative regulators. Since regulatory influence on public relations goes beyond the legal norm, the corresponding element of the mechanism of legal regulation requires its structural adjustment. The scientist coins a term a normative construct as set of legal concepts identical to the legal norm for description of an element of the mechanism of legal regulation of social relations Key words: mechanism of legal regulation of social relations, normative construct, agreement, practice, principles of law, legal norm, court decision.

scholarly journals The concept of «sources of law»: general theoretical definition and content

2021 ◽  
Vol 2 (2) ◽  
pp. 71-75
Author(s):  
Maryna Novikova
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
The State ◽  
Dual Function ◽  
Legal Norms ◽  
The Subject ◽  
Theory Of Law ◽  
Theoretical Thinking ◽  
Legal Understanding ◽  
Legal Force

The article analyzes scientific approaches to the characterization of sources of law as a legal category. The reasons of multifaceted approaches, dependence of sources of law on legal understanding are defined. Approaches to understanding the sources of law are studied. The meaning of the concept in the material, ideological and formal (legal) sense is revealed. It is determined that in the system of categories of the theory of law the concept of «sources of law» performs a dual function. Thus, on the one hand, it allows distinguishing sources of law from other social regulators. Any legal system determines in its doctrine and legislation which sources (forms) of law are recognized as valid. On the other hand, this concept reveals the place of a source of law in the system of sources of law, the ratio of its legal force with the legal force of other sources of law. It is stated that the source of law cannot be defined as a way of external expression of legal norms, which are objectified in a certain form, because the «source of law» means the origins of law. It is pointed out that differences in the interpretation of sources of law can be explained by different approaches to legal understanding. So, for example, if the legal understanding is based on the normative approach, then the sources of law mean the will of the legislator or law-making activities of the state, and in the natural-legal approach, the sources of law are considered the principles of law, which should be followed by positive law. The source of law may not have forms, such as common sense or theoretical thinking, which can be considered full-fledged sources of law that form the meanings of law, although they are not forms of existence of law. It is concluded that the source of law, and not any other legal category, opens for the subject of lawmaking, determines the need for their use in the regulation of social relations. From the source of law, the subject of law enforcement derives the content of the legal norm, regardless of its recognition by the state, regardless of whether the sources of law are binding or only convincing value. The source of the law itself can be the basis for the decision of the subject of law enforcement. The legitimation, material, social and ideal meaning of the term «source of law» is analyzed. Based on the analysis of definitions and approaches to the chosen issues presented in the scientific literature, the authors agree with the position expressed in the literature that the understanding of the category of source of law, its form is directly influenced by the concept of legal understanding shared by researchers.

scholarly journals PUBLIC AND LEGAL RELATIONS AS A SPHERE OF JUDICIAL PROTECTION OF VIOLATED RIGHTS, FREEDOMS, AND INTERESTS

2021 ◽  
Vol 7 (2) ◽  
pp. 219-223
Author(s):  
Vyacheslav Tylchyk ◽  
Viktor Leschynsky
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Self Regulation ◽  
Legal Regulation ◽  
Functional Method ◽  
The State ◽  
Public Authorities ◽  
Legal Form ◽  
Legal Norms ◽  
Administrative Proceedings

The role of legal relations in legal science cannot be overestimated, especially given the expansion of the boundaries of the subject of administrative law, which leads to the need to rethink its content. Legal relations can be defined as a kind of phenomenon that is a sign of a systemic connection and includes law in its subjective and objective sense. This is due to the fact that the law without legal relations loses its practical meaning, even in the case of certain material leverage. An important statement in the context of scientific research is that law is a real element of public life only when its existence is mediated by legal relations. It is clear that the sphere of public and law relations is much narrower in terms of the volume of social relations in general, which are due to the presence of phenomena that, crystallizing through the prism of legal regulation, acquire legal consolidation and significance. Analysing social relations (individual phenomena, institutions), scientists automatically transfer them to the legal plane. In this case, it is not possible to state the equal importance of social relations and law in legal relations, because the first will fill the legal gaps that will be the cornerstone of their order, and the conceptual apparatus of such a system will have to affect the legal form of law enforcement or vice versa. The reflexivity of a person’s perception of social norms expressed in the balance of social relations and law in legal relations can be established only by analysing not only legal norms but also social relations, which they organize in a “volumetric” sense. It is clear that such a process should not turn into a mechanical increase in legal regulation, but take into account the peculiarities of social relations, which, in fact, indicate anthropocentrism rather than the fact of priority or importance for the state as a subject (participant). In this context, it should be noted that today it is extremely difficult to determine which relations are most important for the state; moreover, the balance of human-centrism seems unclear, because without the participation of public authorities in the declared “self-regulation” to reach any “stability” whether it is impossible to overcome the negative phenomena. Methodology. The solution of the tasks is carried out using the cognitive potential of the system of philosophical, general scientific and special methods. Constitutionalism and synthesis allowed to define attributes and essence of the concept of “public law relations” and create this and other concepts. Using the form of analysis – systematization – the problems of classification of disputes in the field of public relations are identified, which are resolved by administrative courts. The structural and functional method is used during the characterization of public and law relations as a sign of a dispute, which is resolved in administrative proceedings and the study of the structure of the judicial administrative process. Methods of linguistic analysis and interpretation of legal norms helped identify gaps and other shortcomings in the legislation, develop proposals for its improvement.

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 CORRUPTIBILITY OF LEGAL RULES:

2019 ◽  
Vol 8 (6) ◽  
Author(s):  
Tuyana Ch. Sharakshinova ◽  
Ravia F. Stepanenko
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
The State ◽  
Legal Norm ◽  
Legal Norms ◽  
Legal Rules ◽  
State Coercion ◽  
The Russian Federation ◽  
The Government ◽  
Corrupt Behavior

The article considers the problem of corruptibility of legal rules. The author proceeds from the fact that some legal norms stimulate illegal corrupt behavior of participants in public relations. The task is to explain how corruptibility affects the generally recognized properties of the legal rules. The author describes the distortion of such properties of a “healthy” legal norm as formal certainty, general obligatoriness, systemic interconnection and provision with the state coercion power. We analyzed the “Methodology for conducting anti-corruption expertise of regulatory legal acts and draft regulatory legal acts” approved by the Government of the Russian Federation. We established the correspondence of corruptibility factors given in the Methodology to negative modifications of the properties of a “healthy” legal norm. We specifically considered various aspects of systematicity in the context of the concept of corruptibility. We revealed the interdependence of the properties of a corruptogenic norm. It is concluded that the primary textual uncertainty creates uncertainty in the consequences, destinations and systemic relationships of the corruptogenic norm, which is eliminated in the course of interaction between the corrupt person and the corrupt official. The corruptogenic norm, while not being essentially legal, continues to be provided by the state coercion power and remains connected with other norms and institutions that are part of the legal system until it is identified as corruptogenic, distorting their meaning and adoption purpose

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.

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.

Ensuring the rights of refugees in case of bringing administrative responsibility as a guarantee of realization of their legal status in Ukraine

2021 ◽  
pp. 56-62
Author(s):  
Valeriia Golub
Keyword(s):  
Social Relations ◽  
Legal Status ◽  
The State ◽  
Main Body ◽  
Legal Norms ◽  
State Institutions ◽  
Legal Documents ◽  
Administrative Legislation ◽  
Political Persecution ◽  
Administrative Responsibility

Problem setting. One of the important factors that play a key role in the observance of human rights and freedoms, including such categories of foreign citizens and stateless persons as refugees in case of administrative prosecution - is the functioning of state institutions to guarantee these rights, the use of all. The decisive place in this problem belongs to the activities of the state of Ukraine, which in connection with the formation of social relations related to the stay of refugees on its territory, protection of this category of persons from political persecution , should ensure the adoption of relevant legal acts aimed primarily at the protection of rights and freedoms. administrative penalty. As a result, there are real risks of violating the rights and freedoms of the person to whom these penalties apply. Analysis of recent researches and publications. Problems of protection of rights and freedoms of refugees in case of bringing them to administrative responsibility were devoted to the work of such scientists as: V. Averyanov, O. Bandurka, O. Bezpalova, Yu. Bityak, O. Dzhafarova, A. Komzyuk, V. Komzyuk, D. Lukyanets, O. Muzychuk, D. Priymachenko, O.S. Pronevich ect. The purpose of the article is to investigate and analyze the importance of ensuring the rights of refugees in case of bringing them to administrative responsibility, to consider this issue as one of the guarantees of legal status of refugees in Ukraine. Article’s main body. The article considers the issue of observance of the rights and freedoms of this category of foreign citizens and stateless persons as refugees in case of committing offenses and bringing them to administrative responsibility. The issue of ensuring both international legal acts approved by the Verkhovna Rada of Ukraine and legal documents on behalf of the state of Ukraine gives grounds to believe that in case of involvement of this category of persons (if they are in Ukraine legally) to administrative responsibility, they have the same rights as citizens of Ukraine. Conclusions. The peculiarities of the relevant provisions of the administrative legislation of Ukraine on the peculiarities of bringing foreign citizens and stateless persons, including refugees to administrative responsibility, are analyzed. The significance of the ratio of observance of the rights and freedoms of refugees in case of bringing to administrative responsibility and necessity of non-alternative fulfillment of requirements of legal norms of the current administrative legislation of Ukraine is determined.

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