scholarly journals Legal space of the state: certain doctrinal principles

2021 ◽  
pp. 37-40
Author(s):  
D.M. Byelov
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Constitutional Law ◽  
Local Governments ◽  
International Standards ◽  
Public Authorities ◽  
Legal Concept ◽  
Spatial Boundary ◽  
Legal Space ◽  
Rule Making

The article considers the features of the category "legal space". The author cites the views of scholars engaged in the study of this legal concept. By linking the category of "legal space" to constitutional law, a conclusion is made about space as a constitutional-legal category. It is indicated that the development and assertion of Ukraine's own path and place in the geopolitical environment, its inclusion in European and world integration processes are inextricably linked with the organization of rule-making and law enforcement activities of public authorities and local governments, which would meet modern trends and international standards. in this area. New trends in the constitutional and legal construction of the country, the formation of civil society institutions, optimization and reform of public administration determine the new conditions for the implementation of state power, a prerequisite for effective operation of which is the unity of the legal space. It is established that legal space as a constitutional-legal category is a specific functional category of the science of constitutional law, which reflects certain spatial boundaries of the origin and development of any constitutional-legal action, the constitutional process, constitutional norm, state or event. Thus, space is a spatial boundary established by the Constitution, which can overcome itself and be replaced by more progressive in the implementation of constitutional and legal reform. They also simultaneously form a certain boundary, beyond which begin to develop constitutional relations.

scholarly journals Legal space of the state: constitutional and legal aspect

2021 ◽  
Vol 66 ◽  
pp. 32-35
Author(s):  
D.M. Byelov ◽  
M.V. Hromovchuk
Keyword(s):  
Law Enforcement ◽  
Constitutional Law ◽  
Local Governments ◽  
Legal Aspect ◽  
International Standards ◽  
Public Authorities ◽  
Legal Concept ◽  
Spatial Boundary ◽  
Legal Space ◽  
Rule Making

The article considers the features of the category "legal space". The author cites the views of scholars engaged in the study of this legal concept. By linking the category of "legal space" to constitutional law, a conclusion is made about space as a constitutional-legal category. It is indicated that the development and assertion of Ukraine's own path and place in the geopolitical environment, its inclusion in European and world integration processes are inextricably linked with the organization of rule-making and law enforcement activities of public authorities and local governments, which would meet modern trends and international standards. in this area. New trends in the constitutional and legal construction of the country, the formation of civil society institutions, optimization and reform of public administration determine the new conditions for the implementation of state power, a prerequisite for effective operation of which is the unity of the legal space. It is established that legal space as a constitutional-legal category is a specific functional category of the science of constitutional law, which reflects certain spatial boundaries of the origin and development of any constitutional-legal action, the constitutional process, constitutional norm, state or event. Thus, space is a spatial boundary established by the Constitution, which can overcome itself and be replaced by more progressive in the implementation of constitutional and legal reform. They also simultaneously form a certain boundary, beyond which begin to develop constitutional relations.

scholarly journals The Freedom of Religion and Entrepreneurship: In Search of a Constitutional Law Balance

2020 ◽  
Vol 11 ◽  
pp. 34-40
Author(s):  
Arseniy A. Scherbinin ◽  
Keyword(s):  
Law Enforcement ◽  
Constitutional Law ◽  
Optimal Solution ◽  
Entrepreneurial Activity ◽  
Freedom Of Religion ◽  
Public Authorities ◽  
The Relationship ◽  
Fair Balance

The article is devoted to the analysis of the key problems that public authorities face in their law enforcement practice when the question arises of the relationship between freedom of religion and freedom of entrepreneurial activity, as well as the search for an optimal solution in order to establish a fair balance between them.

scholarly journals SUBJECTS OF ADMINISTRATIVE AND LEGAL SUPPORT IDENTIFICATION OF CHILDREN SEPARATED WITH FAMILY IN UKRAINE

2020 ◽  
pp. 205-210
Author(s):  
А. М. Мамульчик
Keyword(s):  
Parental Care ◽  
Public Administration ◽  
Local Governments ◽  
Legal Status ◽  
Refugee Status ◽  
Public Authorities ◽  
Her Family ◽  
The Family ◽  
Additional Protection ◽  
The Status

The relevance of the article is that the granting of special status «child divorced from the family» in the Ukrainian legislation includes three aspects: 1) identification of a person who is a child separated from the family; 2) granting the status of «child deprived of parental care»; 3) it is possible to grant the status of “refugee” or “person in need of additional protection”, as any person recognized as a child divorced from a family is recognized as a child deprived of parental care and can apply for asylum in Ukraine (and receive refugee status or a person in need of additional protection). Each of the identified aspects of the above status is the responsibility of certain public authorities, ie public administration entities, which are endowed with the appropriate powers. The purpose of the article is to identify the subjects of administrative and legal support for the identification of children separated from their families, ie the subjects of public administration, which are empowered to identify such children in Ukraine. It was found that in fact, the identification of a child separated from the family at the present stage in Ukraine does not belong to the responsibilities of public administration, but is the responsibility of the child who was forced to leave the country of origin or residence and arrived in the territory of Ukraine unaccompanied by a family member or persons determined by law/custom who are responsible for such a person, or who were left unaccompanied after arriving on the territory of Ukraine, or its legal representatives. In our opinion, the absence in the legal acts that determine the legal status of public administration entities, whose activities include the identification of children separated from their families, their obligation to identify such children is a shortcoming of administrative and legal support for child status. , separated from her family, in Ukraine. It is determined that the subjects of public administration, which have the authority to identify children separated from their families, include the State Border Guard Service of Ukraine, executive authorities, local governments, the National Police of Ukraine, the Prosecutor’s Office of Ukraine.

scholarly journals Сoncepts and elements of judicial enforcement

2021 ◽  
Vol 2021 (2) ◽  
pp. 33-45
Author(s):  
L. P. Samofalov ◽  
◽  
О. L. Samofalov ◽  
Keyword(s):  
Law Enforcement ◽  
International Standards ◽  
Judicial Power ◽  
Judicial Reform ◽  
Public Authorities ◽  
Legal Form ◽  
Positive Law ◽  
The Law ◽  
Judicial Procedure ◽  
The Right

The problems of judicial enforcement are considered in the article. It is emphasized that judicial enforcement is a legal form of state functions implementation. The need to study this legal category is emphasized. This need is related to the harmonization of legislation with international standards, judicial reform, and increased protection of human rights. Different points of view of legal scholars concerning judicial enforcement are investigated. It is concluded that the judicial application of the law is based on the rules of positive law. A judge may not refuse to hear a case due to gaps in the law. Judicial enforcement is associated not only with the application of the law, but also with their interpretation, and sometimes lawmaking. On the one hand, the judiciary is a manifestation of power, and on the other it is the most rational and effective form of control over the activities of state power. It is stated in the article that justice, as a court activity carried out in the form of civil, administrative, criminal, economic and constitutional proceedings, takes place in the procedural forms established by law. Law enforcement activity of the court is a long, complex and systematic process. It has a specific purpose, that is a clearly defined value, which includes recognition of a person, their life, health, honor and dignity, inviolability and security. It is stated that law enforcement cannot be carried out beyond the principles of law, as they go through all the rules of law and are the basis of the legal system. The components of the rule of law are recognized by the international community. In particular, they are: – the right to appeal against the actions of public authorities; – free assessment by the court of the circumstances of the case; – independence and impartiality of judges; – independent judicial procedure, which covers fairness, openness, reasonable time for consideration of the case, availability of legal aid; – binding nature of court decisions. In order to ensure the proper judicial system functioning, it is proposed to amend the current legislation in the process of judicial reform. The conclusions to the article stipulate that the court performs both law enforcement and law-making functions. The essence of the administration of justice and judicial activity is reduced to the application of law. In the process of administering justice, the judiciary acts in clearly defined procedural forms. Judicial power, as a subject of constitutional regulation, is exercised precisely in justice, and justice is administered and administered by the court through judicial enforcement. Key words: judicial enforcement, justice, judicial activity, judicial power, judicial proceedings, judicial lawmaking.

Forming an Anti-Corruption Culture of Law Enforcement Agencies: National and International Experience

2020 ◽  
Vol 11 (2) ◽  
pp. 598
Author(s):  
Pavel Vladimirovich SITNIKOV ◽  
Alua Salamatovna IBRAYEVA ◽  
Azamat Tynyshtykbayevich ALDABERGENOV ◽  
Akhylbek S. BAIKENZHEYEV ◽  
Nurlan Salamatovich IBRAYEV
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Preventive Measures ◽  
Legal Education ◽  
Necessary Condition ◽  
Ethical Standards ◽  
Law Enforcement Agencies ◽  
Legal Concept ◽  
The Republic ◽  
Main Components

This article is concerned with the specific formation of an anti-corruption culture in the law enforcement system of the Republic of Kazakhstan. To this date, the country has formed a large base of legal acts regulating the fight against corruption but their effectiveness raises questions. In this context, it is necessary to use preventive measures both in society as a whole and in the field of public administration, including law enforcement agencies. One such measure is the formation of an anti-corruption culture. This study aims at analyzing global directions and approaches to the formation of an anti-corruption culture among law enforcement employees. The authors of the article consider the world experience of an anti-corruption struggle and the most efficient models of forming an anti-corruption culture in the sphere of law enforcement. The authors have proved that the anti-corruption culture of law enforcement agencies differs from that of other society members and revealed its specific features. The necessary condition for their effective neutralization is not only legal education but also the promotion of moral and ethical standards. According to the authors, this goal can be achieved through anti-corruption education that fosters a culture of involvement and consciousness, a clear rejection of corruption and the popularization of anti-corruption standards. In the course of the study, they highlight the main components of an anti-corruption culture among law enforcement employees and conclude on the further efforts scholars and lawmakers should make to develop a common worldview, scientific and legal concept of the fight against corruption.

Ensuring human rights in activities of law enforcement agencies

2017 ◽  
Author(s):  
Альфия Акмалова ◽  
Alfiya Akmalova ◽  
Владимир Капицын ◽  
Vladimir Kapitsyn
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
The State ◽  
International Standards ◽  
Law Enforcement Agencies ◽  
Public Authorities ◽  
National Legislation ◽  
The Law ◽  
The Individual

In the textbook on the basis of consideration of international standards and national legislation in the field of the rights and freedoms of the individual are considered main mechanisms of their law-enforcement agencies. Special attention is paid to the analysis of the requirements to the law enforcement practice of public authorities concerning the rights of separate categories of citizens. The tutorial is intended for professionals studying in the direction of training "law Enforcement" and anyone involved in human rights activities, asked about the situation of the individual in society and the state.

scholarly journals ESSENCE, CONTENT AND SIGNIFICANCE OF LEGAL TECHNIQUE AS A LEGAL CATEGORY

2021 ◽  
pp. 30-36
Author(s):  
I. V. Borshevskyi ◽  
O. D. Hryn
Keyword(s):  
Law Enforcement ◽  
International Standards ◽  
Scientific Article ◽  
Negative Consequences ◽  
Advanced Experience ◽  
Legal Science ◽  
Accurate Expression ◽  
Legal Technology ◽  
Rule Making

The scientific article is devoted to the study of general theoretical aspects of the category “legal technique”, which is conditioned by the problem of the modern Ukrainian legislation improving and bringing it to conformity with the requirements of international standards. The author considered the issue of active development of the legal system of Ukraine, impact of the processes of globalization and integration on it, as well as renovation of the content of some state-legal phenomena, which actualizes the improvement of rule-making and law enforcement. Taking into account the analysis of the degree of efficiency and quality of legal technology in modern conditions, it should be noted that there is no sufficient scientific research of this issue by legal scholars in modern legal science. The problem of studying and analyzing the essence of legal technique is of great interest among scientists in different legal spheres and plays an important role in improving lawmaking in general. In connection with this, the issue of search for means of increasing the efficiency of legal activity is quite topical in modern legal science. The aim of the study is to analyze various aspects of legal technique in modern legal science and elicit problems of its improvement in the context of globalization and integration processes. It has been ascertained that legal technique plays an essential role in ensuring the effectiveness of law and strengthening legality. Complete and correct use of all means and methods based on elaborated rules of legal technique provides an accurate expression of the content of legal acts, their simplicity and possibility of their most rational use in practical work. The level of legal technique is one of the indicators of the level of legal culture in the country. The need for full and thorough use of legal technique, expressing the advanced experience of legislation and progressive recommendations of science, is an objective principle that allows one to avoid certain negative consequences, costs and shortcomings in the form of law.

scholarly journals Problematic issues of granting subsidies to business entities: Russian experience

2018 ◽  
Vol 2 (3) ◽  
pp. 52-63
Author(s):  
Y. Gerasimenko ◽  
A. Syntin
Keyword(s):  
Law Enforcement ◽  
Local Governments ◽  
Legal Framework ◽  
Legal Basis ◽  
Legal Research ◽  
Public Authorities ◽  
Abuse Of Power ◽  
The Subject ◽  
The Russian Federation ◽  
Business Entities

The subject of the paper is Russian the legal framework and law enforcement practice con-cerning granting subsidies to business entities.The purpose of the paper is to identify the legal problems of state support for small and medium – sized businesses by granting subsidies.The methodology of paper includes the formal logical interpretation of Russian legislation, systematization of the court practice concerning application of art. 15.15.5 (pt. 2) Code of Administrative Offences of the Russian Federation and other regulations.The main results and scope of their application. The legal basis of providing subsidies is characterized. The business support programs in Russia are analyzed. The author's ap-proach to the distinction between the concepts of "terms of granting subsidies”, “terms established when granting subsidies" and the "terms of using subsidies" is substantiated. The valid and invalid conditions for the granting of subsidies as well as the reasons for their return are proven. The results of research may be used as the basis of correction of Russian and foreign legislation concerning granting subsidies to business entities as well as step in future legal research in this sphere.Conclusions. Public authorities and local governments do not take into account differences between the terms "conditions for granting subsidies" and "conditions for the use of subsi-dies", unreasonably apply civil law norms to the rules for granting subsidies. Regional au-thorities do not effectively use the legal opportunities provided to them by the Federal leg-islator, as well as often allow the abuse of power.

scholarly journals E-GOVERNMENT AS A METHOD FOR LEGAL COMMUNICATION BETWEEN CIVIL SOCIETY AND PUBLIC ADMINISTRATION

2021 ◽  
Vol 1 ◽  
pp. 125-138
Author(s):  
Olena Makeieva ◽  
Liudmyla Shapenko ◽  
Kateryna Vodolaskova
Keyword(s):  
Civil Society ◽  
Public Administration ◽  
Local Governments ◽  
Digital Age ◽  
Legal Regulation ◽  
The State ◽  
Public Authorities ◽  
Depth Analysis ◽  
Legal Communication

E-government is a form of public administration which promotes efficiency, openness and transparency of public authorities and local governments with the use of information and telecommunications technologies to form a new type of state focused on meeting the needs of citizens. E-government is studied as a way, a form, the concept, system and mechanism of cooperation between the state (public administration) and public sectors (civil society). As a method for legal communication between civil society and public administration, e-government plays the role of a means of public self-government, which involves interactivity and continuity of interaction between citizens and the state, the presence of public control over the activities of public authorities. This article is dedicated to reveal the role of e-government for realizing the goals of legal communication between its participants in public life. However, further in-depth analysis requires understanding the role of e-government as a means of legal communication, changing the focus and direction of its development in the digital age, as well as exploring promising areas of legal regulation of virtual legal relations between public authorities and civil society. The implementation of e-government in Ukraine should be provided on a qualitatively new level to develop efficient legal communication between government and society as a whole, strengthen confidence in the state and its policies, improve cooperation between public authorities and local governments, business, citizens and civil servants. The authors of this article adhered to its purpose, which is to analyze the understanding of the role of e-government as a means of legal communication, changing the focus and direction of its development in the digital age, and exploring promising areas of legal regulation of virtual legal relations between government and civil society.

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