scholarly journals REGARDING THE SUBJECT OF THE CONTRACT FOR THE SUPPLY OF MATERIAL RESOURCES TO MILITARY UNITS (LEGAL ENTITIES UNDER PUBLIC LAW)

2021 ◽  
pp. 195-198
Author(s):  
O. Pavlovskyi
Keyword(s):  
Public Relations ◽  
Public Procurement ◽  
Civil Law ◽  
Legal Regulation ◽  
Public Law ◽  
The State ◽  
Material Resources ◽  
The Subject ◽  
Military Units ◽  
Legal Entities

In accordance with Part 2 of Art. 17 of the Constitution of Ukraine, military units, first of all, are the bearers of power and act in public relations as subjects of realization of the goal set by the state in the form of repulse of possible aggression from outside, and therefore the main tasks, internal structure, subordination, reporting and control in this area is governed by constitutional and administrative law. However, in some cases, the military unit for the implementation of its tasks may act as an independent entity in civil law, and therefore, certain relations are governed not only by constitutional, administrative, economic, but also civil law. This paper will deal with contractual obligations. The supply contract is extremely important in providing Ukraine, its subjects and state entities with the necessary goods, performance of works, provision of services. In essence, the institute of contract law is a legal means of implementing state policy in the field of industrial production, construction, national defense, social assistance, science, culture, the implementation of basic social and production tasks. Currently, there is a trend aimed at increasing the budget funds used through public procurement. In this regard, an urgent problem is the effective legal regulation of public relations related to the supply of goods for public use. The regulatory framework governing these legal relations must be transparent, understandable to all participants in trade and procurement operations, operational on changes in socio-economic conditions in the country, have an anti-corruption orientation. The quality of goods purchased for the state also remains a long-standing problem. One of the topical issues for the science of civil law is the question of the subject of the contract, with which the Central Committee of Ukraine connects the conclusion of the contract, its validity and some other significant circumstances. According to case law, disputes arising from the contract are usually complicated by non-compliance by the parties with the provisions of the Civil Code of Ukraine on the subject of the contract. The article analyzes the subject of the contract for the supply of material resources to military units. Military units are considered by the author as legal entities of a subject of public law.

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

scholarly journals Administrative Legal Entities of Private Legal Entities as a Status Component of the Legal Regulation Mechanism: Characteristics of Elem

2019 ◽  
pp. 91-95
Author(s):  
V.V. Sukhonos
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Administrative Law ◽  
Regulation Mechanism ◽  
Private Law ◽  
Legal Capacity ◽  
Legal Entity ◽  
Legal Personality ◽  
The Subject ◽  
Legal Entities

The article is devoted to administrative legal personality, which is part of the structure of the administrative-legal personality of private legal entities. At the same time, it is argued that, on their own, the rules of law cannot influence the behavior of their addressees, therefore the only instrument by which legal regulation is used to help ensure such influence is the mechanism of legal regulation within which the functions of law are implemented, and specific life situations are addressed. It is noted that, like any state mechanism, the mechanism of legal regulation consists of the relevant elements, namely: norms of law, legal relations, and acts of realization of rights and obligations. Thus, we can conclude that the disclosure of the features of the mechanism of legal regulation is possible only if a thorough study of its elements. Thus, each state that there is no language and there can be no legal regulation, which in its nature and nature is different from other types of regulation. It should also be remembered that, at its core, legal regulation is not material but is done through the consciousness and will of the people. It is perfect. However, any ideal process cannot occur without the participation of matter. Based on all the above, it can be stated that one of the constituent parts of the mechanism of legal regulation is legal relations. It should be remembered that public relations also have an internal structure to which the subject, object, and content relate. However, the absence of at least one of the elements of the relationship automatically complicates, or even precludes their very existence. The same rule applies to the mechanism of legal regulation. Thus, the study of each of the components of the mechanism of legal regulation has the same scientific significance and importance as the study of the mechanism itself. Therefore, if we conduct a study of administrative-legal personality, then it must take into account its place and the impact on legal regulation as a whole. Legal personality nowadays also exists in administrative law, although the very concept of “legal personality”, as a certain characteristic of a legal entity, originally originated in civil law. However, it should be remembered that the method of administrative law is significantly different from civil law, and therefore the use of civil law expertise in the field of legal personality should be used with extreme caution. In his desire to ensure state control and the possibility of applying state coercion, the legislator adapted the rules of public law to the construction of a legal entity of private law. On this basis, it should be noted that different types of legal entities under private law would have different levels of administrative capacity. That is why the legal capacity of legal persons under private law can be recognized as administrative law, both social and legal capacity, and the need to be the subject of administrative-legal relations. Keywords: administrative-legal personality, legal entity, private law, mechanism of legal regulation.

EVOLUTION OF CIVIL LAW RESEARCH: LINKING WITH NEW TECHNOLOGICAL REALITY

2021 ◽  
Vol 3 (3) ◽  
pp. 76-95
Author(s):  
O.A. Serova
Keyword(s):  
Public Relations ◽  
Civil Law ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Social Risks ◽  
Engineering Sciences ◽  
Subject Areas ◽  
The Subject ◽  
Object Of Study ◽  
The Impact

Introduction: digitalization has generated qualitative changes in many spheres of public life. The science of civil law cannot stay out of these changes. It is necessary to define new directions of scientific research, including in related fields of knowledge. Cross-sectoral research methods will take a key place in the study of the impact of digital technologies on public relations. Purpose of the research: identification of new thematic (subject) areas for the science of civil law. The relevance of these areas is determined by the high degree of penetration of digital technologies into economic and social processes. Methods: general scientific (dialectical) method, as well as such particular scientific methods of cognition, formal legal, comparative legal, logical. Discussion: a change in the subject areas of research under the influence of a new technological reality occurs in all sciences and fields of activity. Artificial intelligence technologies and robotic technology are being actively studied not only at the level of engineering sciences, mechatronics, etc., but also become an object of study in philosophy, ethics, medicine, linguistics and philology. Outside of this scientific context, research in the field of civil law is impossible. Representatives of other scientific areas determine social risks, threats and opportunities, which later take on specific outlines in the form of legal regulation models. Conclusions: the inclusion of the science of civil law in the subject areas of the new technological reality is dictated by the high social risks of technologization of law. For a long time, civil law managed to maintain a balance between the needs of civil circulation and the protection of the natural rights of citizens. Today, it is also necessary to maintain a balance between the development of digital technologies, reducing regulatory barriers and protecting the rights of citizens, as the least protected category of participants in the digitalization process.

scholarly journals The Features of the Content and Subject Composition of Settlement Agreements in Cases of Invalidity of Transactions

2020 ◽  
Vol 17 (3) ◽  
pp. 310-319
Author(s):  
Valeriya Goncharova
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Legal Regulation ◽  
Public Law ◽  
Civil Code ◽  
Point Of View ◽  
Relevant Category ◽  
Settlement Agreements ◽  
The Subject ◽  
The Russian Federation

Settlement agreements in civil and arbitration proceedings are one of the most convenient and effective ways to resolve disputes arising between participants in civil legal relations. At the same time, within the framework of some civil disputes, the content of settlement agreements has significant specificity, and sometimes – due to the peculiarities of the subject composition and the merits of the case – they cannot be applied at all for the purpose of reconciling the parties. An example of such disputes are cases related to the recognition of the transaction as invalid and the application of the consequences of the invalidity of the transaction, the legal regulation of which is unique. The economic reasons for the invalidity of transactions predetermine the peculiarities of the content of settlement agreements in the relevant category of cases, limiting it exclusively to the procedure for fulfilling restorative obligations and obligations to compensate for losses. This circumstance is due to the fact that, from the point of view of the dynamics of civil legal relations, an invalid transaction introduces uncertainty in the ownership of property and the distribution of rights and obligations of the participants in legal relations, which can be eliminated only by restoring the situation that existed before the conclusion and execution of the transaction with a defect. The current civil law regulation in this part (Article 4311 of the Civil Code of the Russian Federation), which allows the conclusion of analogues of amicable agreements in cases of invalidity of transactions involving other, in addition to restitution, the consequences of the invalidity of transactions, in this regard, cannot be recognized as satisfactory. Contestation of the transaction by “another person specified in the law” (Article 166 of the Civil Code of the Russian Federation), as well as in the interests of third parties by specially authorized entities (procedural plaintiffs), the possibility of participation in a completed and executed transaction of public law entities determine the raising of questions about the possibility of concluding amicable agreements by these entities. It is noted that these subjects, as follows from the analysis of domestic civil, civil procedural, administrative and family legislation, being interested in resolving the case on recognizing the transaction as invalid and on the application of the consequences of its invalidity, do not participate in its execution, and therefore cannot determine the procedure for the fulfillment of obligations arising from it.

scholarly journals Transformation of legal regulation of public relations in the context of the pandemic

2021 ◽  
Vol 7 (2) ◽  
pp. 21-25
Author(s):  
M. G. Smirnova
Keyword(s):  
Public Health ◽  
Public Relations ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
The Subject ◽  
The Creation ◽  
Significant Change ◽  
Fundamental Rights And Freedoms ◽  
Legal Entities

The article examines the problems of legal regulation of the activities of legal entities and relations. The main characteristics of legal regulation, such as the subject, method, methods and types of legal regulation, are analyzed. Currently, in the context of the COVID-19 pandemic, the legal regulation of public relations is undergoing serious transformational changes. A significant change in the subject of legal regulation, due to the creation of a situation of serious threat to public health, forced the legislator to introduce restrictions on the fundamental rights and freedoms of legal entities, as well as to the preferential use of prohibitions and positive obligations as ways to regulate public relations. In this regard, the permissive type of legal regulation of public relations begins to dominate, which is based on the principle of everything is prohibited, except what is directly permitted by law. The above clearly indicates a clear transformation of legal regulation.

scholarly journals Legal principles of counteraction to corruption and organized crime and the place of administrative and legal regulation among them

2020 ◽  
Vol 77 (2) ◽  
pp. 58-63
Author(s):  
О. О. Вороний
Keyword(s):  
Public Relations ◽  
Organized Crime ◽  
Legal Regulation ◽  
Administrative Law ◽  
Public Law ◽  
Public Authorities ◽  
Legal Principles ◽  
National Importance ◽  
Legal Relationship ◽  
The Subject

Based on the analysis of the current domestic and international legislation, the author has provided characteristics of the legal principles for combating corruption and organized crime. It has been established that the legal principles for combating corruption and organized crime covers currently a large number of regulatory acts of international and national importance; it has been emphasized that a key place among them belongs to administrative and legal regulation. It has been found out that administrative and legal regulation is a form of legal influence on public relations, which is carried out on the basis of the norms of administrative branch of law. Thus, this legal influence operates in the field of public relations that arise as a result of the activities of public law entities, in particular public authorities. Besides, administrative and legal regulation is, first of all, the system of norms that regulate organizational and administrative issues, aspects of the division of competence of public law entities and their legal relationship. The emphasis has been placed on the fact that if we consider the system of legal principles for combating corruption and organized crime, they mostly consist of the rules of administrative law, since they regulate organizational forms of combating corruption and organized crime as a special activity of public authorities, determine the competence of each of the subject of combating corruption and organized crime, establish structural and system aspects of such activities, establish features of control and supervision over the process of its implementation, etc. It has been established that administrative and legal regulation is dominant in the system of legal principles for conducting activities to combat corruption and organized crime in Ukraine.

scholarly journals Error both in the general philosophical sense and as a subject of study of legal science

2021 ◽  
pp. 148-153
Author(s):  
S. V. Havrilyuk
Keyword(s):  
Public Relations ◽  
Human Behavior ◽  
Legal Theory ◽  
Legal Regulation ◽  
The State ◽  
Public Official ◽  
Legal Science ◽  
The Will ◽  
The Subject ◽  
Human Desire

The article focuses on the exploration of philosophical teachings on the concept of «error». Philosophers of antiquity introduced the concept of «natural law», which was formed over the centuries from the human desire to understand the world and to determine our place in society. It was from that time that the concept of human rights gradually began to emerge, and the links between the state and individual and the state and society were established. Error was considered the result of the erroneous course of thought, wrong actions, actions that do not achieve the goal: model of human behavior based on delusions. An error is always aberration: an action opposite of the correct one and committed unintentionally. It always implies illegality. Errors are associated with the wrong course of thought in reasoning, inadequate thinking, misinterpretation and inaccuracy of actions and violation of certain rules. Such fallaciousness of thought and action violates the truth of the substance of thinking and activity and thus leads to various kinds of errors. It should be indicated that the problem of error has an independent meaning in various fields of scientific knowledge:philosophy, logic, mathematics, law, cybernetics, medicine, linguistics, economics, etc. Through the analysis of the concepts and signs of errors provided by the philosophers mentioned in the article we conclude that error should be considered as both process and result of human activity. In addition, the ambiguous positions of modern legal scholars on the semantic meaning of the terms «error» and «legal error» are highlighted, which often leads to inconsistencies in the conceptual apparatus of modern legal theory. They may interpret the concept of «error» as a shortcoming, a flaw, a mistake, a distortion or in a more categorical way: a delusion, an imperfection, an inconsistency or a gap. Particular attention is paid to the causes of legal errors, in particular, it is noted that in modern legal science they are divided into objective errors which do not depend on the will and conscious actions of lawmakers and subjective which is generated through the will of lawmakers, as only professional legal activity and its results may be the potential sources of error. The objective causes of legal errors include the constant development of public relations, as the legislator and other legal bodies and institutions do not always keep up with the demands of life. In turn, subjective factors stem from personal qualities, human behavior and actions. In general, legal scholars define legal error as a negative result caused by unintentional, incorrect action of the subject of legal activity and as various accidental and unintentional actions on the course of the decisions of the subjects of legal relations (legal body or public official), which reflects the flaws of the will of the subject of law in the process of expression of such will, leads to a negative result and can be committed at any stage of legal regulation). Keywords: error, delusion, legal error, erroneous behavior.

Limits of Legal Regulation and Discretion in Law: on the Correlation of Concepts

2020 ◽  
pp. 4-10
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
The State ◽  
External Control ◽  
Active Behavior ◽  
Common Features ◽  
The Subject

The author considers the logical connections between the content of the concepts «limits of legal regulation» and «discretion in law» in terms of the ratio of their volume. At the same time, the content of the concepts «legal regulation», «legal impact», «limits of legal regulation» is specified. The features characterizing the limits (scope) of legal regulation are identified: the conscious-volitional nature of social relations; the possibility of external control of public relations by the state; the importance of public relations; the opportunity for subjects of public relations to choose a behavior option, etc. The features of discretion in law are the possibility of implementation only within the framework of the subject of legal regulation; legality; expression in the passive or active behavior of the subject, etc. It is concluded that these concepts are not identical, but rather, are subordinate and are included in the scope of the concept of «legal impact». They are comparable because they have common features (for example, the existence of an authority establishing public relations and being expressed in a legal act), as well as related ones, since their volume partially coincides.

scholarly journals Peculiarities of notary protection of corporate rights of legal entities

2021 ◽  
pp. 112-117
Author(s):  
D.S. Derevyanko
Keyword(s):  
Legal Regulation ◽  
Public Law ◽  
The State ◽  
Business Organization ◽  
Family Labor ◽  
Corporate Rights ◽  
Legal Nature ◽  
Autonomous Republic ◽  
Authorized Capital ◽  
Legal Entities

In modern conditions of development and reforming the sources of legal regulation of private law relations, questions of their research have become especially actual. Approaches aimed to consolidate new, more appropriate mechanisms for regulating well-known legal institutions in the civil law of Ukraine have emerged. Article 9 of the Civil Code of Ukraine stipulates that its provisions are subject to application for the settlement of relations that may arise in the fields of environmental protection, use of natural resources, family, labor relations, if they are not regulated by other legislative acts. The above determines the study, including the features of notarial protection of corporate rights of both legal entities and comparison with the rules of such protection of the rights of other partic-ipants in civil relations. Corporate rights are the rights of a person whose share is defined in the authorized capital (property) of a busi-ness organization, including the authority to participate in the management of such business organization, receiving dividends (a certain share of profits) and assets in case of liquidation, as well as other laws and statutory documents. Corporate rights may belong to individuals and legal entities, the state of Ukraine, the Autonomous Republic of Crimea and territorial communities. Taking into account the legal nature of corporate rights, their definition, in par-ticular, through the possibility of receiving dividends and part of the property as a result of liquidation, corporate rights may belong to legal entities, including, for example, companies, cooperatives, farms, private enterprises and more. At the same time, in the article it has been substantiated the approach according to which the consolidation of provisions on the state, the Autonomous Republic of Crimea and territorial communities as legal entities under public law is inexpedient and premature. 

PUBLIC ADMINISTRATION IN THE FIELD OF FOREIGN AFFAIRS IN THE RUSSIAN FEDERATION: CONCEPT, LEGAL REGULATION AND MAIN DIRECTIONS

2021 ◽  
Vol 1 (12) ◽  
pp. 88-95
Author(s):  
Madina T. Aguzarova ◽  
Keyword(s):  
Foreign Policy ◽  
Public Relations ◽  
Public Administration ◽  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Foreign Affairs ◽  
External Relations ◽  
The Subject ◽  
The Russian Federation

The subject of the research is aspects of public administration in the field of foreign affairs in the Russian Federation: the concept, legal regulation and the main directions. Conducting an independent foreign policy is one of the main activities of the state. Public administration in the field of foreign affairs is considered as an important part of public administration in general, ensuring the position of the state in the international arena, its external relations. The objectives of the article are to define the concept of public administration in the field of foreign affairs, systematize and characterize the regulatory framework governing the studied public relations; identify the main directions of public administration in the field of foreign affairs in modern Russia.

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