scholarly journals New digital leviathan and the future of the regulatory system of society

2021 ◽  
Vol 7 (2) ◽  
pp. 182-190
Author(s):  
Pavel P. Baranov ◽  
Alexey Y. Mamychev ◽  
Roman I. Dremliuga ◽  
Olga I. Miroshnichenko

This article examines the impact of digitalization processes on public relations, the legal culture of society, the transformation of public order, and the established value-normative regulators. The authors identify and analyze the key trends and problems of the modern transformation of society, state and law, discuss the main scenarios of interaction between the state-legal organization of society and the rapidly developing new "meta foundations" of social order. They critically assess the attitude according to which digital technologies and algorithmic solutions in the XXI century will ensure systemic control and safety of society. The content of the work also argues that the complete and final virtualization of the regulatory legal space is a rather lengthy and highly contradictory process. The final part of the research substantiates that the emergence of new digital spheres of legal regulation, in a situation where traditional elements of the state, public, and private life move somewhat into a digital virtual space, places the law before new challenges to be addressed based on traditional general legal approaches.


Author(s):  
Anna V. Savina

The relevance of this study is due to the fact that in the modern world, including Russian, law and order, a special mechanism of “anti-crisis regulation” is being transformed, which in the context of a pandemic has be-come heterogeneous, with a permanent convergence of the norms of private and public law. Proceeding from the fact that anti-crisis regulation is pre-dominantly part of the state policy in a particular area, it is proposed to un-derstand that the epidemiological crisis itself is the starting point for other crisis phenomena (financial, demographic and other crises), the prevention or reduction of the impact of which is the most important task of any state. We consider the relevant aspects of crisis management. We analyze the catego-ries of countercyclical and pro-cyclical regulation, investigated the issues of fiscal policy. We pay attention to behavioral economics and the role of the state in its functioning. We note that the directions of spending budget funds in one way or another depend on the behavioral economy, which is not al-ways manageable. We provide an analysis of the concept of “choice architecture” in the aspect of a “push” decision-making mechanism, in which a special role is assigned to the state. We emphasize the growing importance of financial programs to support small businesses or citizens wishing to become individual entrepreneurs, self-employed.



2020 ◽  
Vol 11 (11) ◽  
pp. 47-52
Author(s):  
Kostruba A. V.

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.



Lex Russica ◽  
2021 ◽  
Vol 74 (2) ◽  
pp. 64-79
Author(s):  
R. V. Tkachenko

The paper is devoted to the examination of issues related to the increasing importance of budgetary regulation for the proper functioning of a modern innovative society. The key role of the budgetary regulation in the financial process of the State is particularly acute in the context of systemic crises that include socio-economic consequences caused by the spread of a new coronavirus infection (COVID-19) in Russia. In the course of the study, the features of changes in the state financial policy caused by the above-mentioned crisis phenomena are highlighted. The paper describes various approaches to the interpretation of the budgetary regulation as a category of financial law, explores various types and legal forms of methods of the budgetary regulation, analyses mechanisms and the impact of the State on the budget system through the existing legal structure of the budgetary regulation. It is determined that the rules of financial law governing the whole complex of public relations concerning the distribution and redistribution of the national product between the levels of the budget system of the Russian Federation constitute the institution of financial law, namely: the budgetary regulation. The author concludes that the approach based on the concentration of basic powers in the financial field at the federal level significantly slows down the dynamics of development of economic activity in the majority of regions of Russia, while the need for breakthrough innovative development of Russian society determinates the expansion of long-term tax sources of income for regional budgets. In this regard, it is proposed to consolidate additional regulation for revenues gained by regional and local budgets in the form of targeted deductions from federal taxes on a long-term basis.



Author(s):  
D. Kondratenko

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.



2021 ◽  
Vol 81 (2) ◽  
pp. 21-26
Author(s):  
S. V. Vasyliev

The study is focused on the legal regulation of state support for the creation of innovative medicinal products. Establishment of the measures of state support for scientific research for creating innovative medicinal products within legislative acts and by-laws should help to increase the competitiveness of the pharmaceutical industry in Ukraine. The government declares the provision of support for scientific research in the field of creating innovative medicinal products. The legislation establishes the conditions for registering an innovative project, provides the maintenance of the Register of scientific institutions that received the state support. A detailed characteristic of the existing means of the state support for scientific research in the pharmaceutical industry is provided. The state supports innovations by establishing tax incentives for research institutions and providing funding for some innovative projects. Support for innovations is carried out by the State Innovative Financial and Credit Institution, the National Research Fund of Ukraine and the Innovation Development Fund. Funding for the creation of innovative medicinal products can be realized through public and private partnership. The scholars have declared their propositions regarding the introduction of specific measures of the state support for innovations in the field of creating new medicinal products. It has been offered to amend the current legislation on the issues of state funding of scientific research in the sphere of developing new medicinal products. It is necessary to delineate the competence of various funds for promoting innovations in relation to supporting innovations in the field of pharmacia. It is important that the law should provide the procedure and conditions for supporting public and private partnership projects at the expenses of funds for promoting innovations.



2020 ◽  
pp. 258-264
Author(s):  
А. О. Полянський

The relevance of the article is that the effectiveness and efficiency of interaction between forensic agencies and law enforcement agencies depends on many factors, one of which is a properly "constructed" system of legal acts. At the same time, the special nature of the interaction of these entities, the attraction of its content to the administrative and legal sphere, as well as the specifics of forensic institutions and law enforcement agencies in general necessitates a detailed review of legal principles in this area and determining the place of administrative and legal regulation. The purpose of the article is to establish a system of legal bases for the interaction of forensic institutions with law enforcement agencies, as well as to determine the place of administrative and legal regulation among them. It is established that the legal basis of interaction of forensic institutions with law enforcement agencies is a system of regulations and their provisions governing the legal status of forensic institutions and law enforcement agencies, as well as the content and procedure of interaction of these entities. It is proved that administrative-legal regulation is a type of branch of the general-legal category of legal regulation, which occurs with the help of administrative law and determines the impact of law on public relations of a special nature arising from the activities of public administration. That is, we are talking about the relationship of power and management influence that prevails in the work of public authorities, local governments and so on. This is a purposeful, comprehensive, streamlining impact of law on public relations in the sphere of government, which occurs through the rules of administrative law, which are part of the system of legal principles outlined above. It is emphasized that the legal basis for the interaction of forensic institutions and law enforcement agencies have an administrative and legal basis, which is expressed in a large number of rules of administrative law, enshrined in regulations of various legal force. This situation is due to the fact that the norms of this branch of law determine: the administrative and legal status of forensic institutions and law enforcement agencies; functions, powers and tasks assigned to law enforcement agencies and forensic institutions; mechanisms of interaction of forensic institutions and law enforcement agencies in performing their functions defined by law; organizational and practical goals of this interaction; etc.



2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Deineha Maryna ◽  

The article is devoted to the analysis of the current state of the legislation of Ukraine in the field of hydraulic reclamation of lands, as well as to highlight the prospects for the development of legal support of the outlined sphere of public relations. It is established that hydraulic reclamation of lands contributes to increasing soil fertility, increasing productivity and sustainability of agriculture, creating a guaranteed food fund of the state. However, in recent years, the effectiveness of hydraulic land reclamation is declining, due to a number of reasons of objective and subjective nature: insufficient logistics and shortcomings in the operation of hydraulic structures, deterioration of ecological and reclamation of agricultural land, lack of interest and responsibility land users. These factors include incomplete use of scientific developments, insufficient information support, imperfect and outdated legal framework. Given the great importance of hydraulic land reclamation for the development of agriculture in the country, these relations require proper legal regulation. It is concluded that the problems of combating desertification, resource and food security of the state in years with adverse weather conditions, water supply of agriculture cannot be solved only by organizing land reclamation, because this problem is complex. In order to achieve the goals of the Irrigation and Drainage Strategy in Ukraine for the period up to 2030, it is necessary to ensure effective interaction of legal, organizational, economic and financial mechanisms of irrigation and drainage restoration in Ukraine within the framework of the identified priority areas. Keywords: land reclamation, hydraulic land reclamation, land irrigation, land drainage, agricultural lands



Author(s):  
Badreya Al-Jenaibi

This study explores the uses of social media in public relations (PR) departments in the United Arab Emirates (UAE). It seeks to lay the basis for understanding the place of social media in the UAE and to contribute to the analysis of the issue of social change in the PR offices. The chapter assesses the state of PR in the UAE in relation to global media and highlights needs in this area for both public and private enterprises. Presenting interview data taken from a cross section of 40 organizations throughout the UAE, it addresses perceptions of benefits, challenges, public acceptance, and future strategies of social media in relation to global SM as whole. It finds that barriers to the use and acceptance of SM in PR have mostly been lifted.



Author(s):  
Dmitriy I. Frolov

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.



2018 ◽  
pp. 20-29
Author(s):  
Volodymyr Pashynskyi

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.



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