scholarly journals Risk in professional sports: issues and ways to solve it in the constitutional and legal field

2021 ◽  
Vol 66 ◽  
pp. 73-80
Author(s):  
О. О. Turyanitsya
Keyword(s):  
Social Relations ◽  
Illicit Drugs ◽  
Criminal Liability ◽  
Professional Sports ◽  
Modern Society ◽  
Careful Study ◽  
Social Risk ◽  
Legal Analysis ◽  
Legal Norms ◽  
Basic Law

Professional sports activities are always closely associated with numerous risks (risk of injury or even death of the athlete, the risk of using illicit drugs - doping, aleatory (risky) activities - bookmakers, sweepstakes, etc.). It is a direct violation of the Constitution of Ukraine, which proclaims the inalienable right of every person to life (Article 27) and recognizes it as the highest social value (Part 1, Article 3). Constitutional law, as the basic law, regulates social relations in all spheres of society. Accuracy, understanding, logic, consistency of legal norms - the main principles of constitutional rule-making, which not only prevent violations of rights, freedoms and legitimate interests of individuals and citizens, but also require careful study and detailed discussion of all bills in scientific and professional environment. Instead, in jurisprudence, the risk is one of the least studied legal categories, which does not take into account the realities of today and does not meet the requirements of modern society. The purpose of the article is to review and constitutional and legal analysis of the problem of risk in professional sports. The concept of risk in law is studied. The concept of "sports risk" as a kind of social risk is analyzed; its features are clarified, the subject, object and subject are specified. The classification of sports risks is considered. Particular attention is paid to the use of doping as one of the most common risk factors in the field of professional sports today. The need to immediately resolve the problem of risks on the level of the newly adopted Law of Ukraine "On Professional Sports" was emphasized. The expediency of establishing criminal liability for doping and any actions related to it (storage, manufacture, sale, transportation, etc.) is substantiated. Only in this case, the problem of risks in professional sports in general, and doping in particular, can be successfully solved.

scholarly journals Organizational and legal problems of the program for the development of genetic technologies implementation

2021 ◽  
Vol 25 (4) ◽  
pp. 901-916
Author(s):  
Natalya G. Zhavoronkova ◽  
Vyacheslav B. Agafonov
Keyword(s):  
Social Relations ◽  
System Analysis ◽  
Genetic Research ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Legal Problems ◽  
Basic Law ◽  
Genetic Technologies ◽  
Regional Centers ◽  
Legal Mechanism

The relevance of this study is determined by the fact that at present legal regulation of genetic research is not comprehensive and does not provide a complete regulation of social relations in the focus. Оne of the factors hindering the development of genetic technologies is the absence of a basic law On genetic technologies. The purpose of the study . The article is devoted to the analysis of modern legal problems and the search for optimal solutions to the organizational and legal problems of the program for the development of genetic technologies implementation. Materials and methods of research . In order to understand modern approaches to relevant problems of improving the organizational and legal mechanism of the program for the development of genetic technologies implementation associated with environmental and biological risks and threats, a comparison of various methods of legal regulation and management, including dialectical, logical, and predictive methods, as well as the method of system analysis, is carried out. Results. Application of these methods allowed to conduct a comprehensive legal analysis of the current legislation and state strategic planning documents, work out a theoretical and legal basis for the development of the basic law On Genetic Technologies and formulate other proposals to improve the current legislation. The core powers of the National (federal) Bioresource Center, the network of federal and regional centers of genetic technologies, as well as the National Center for Biosafety have been identified and grounded by the authors.

scholarly journals THE ROLE OF “SOFT LAW” IN RELATIONS OF STRATEGIC COOPERATION BETWEEN UKRAINE AND PRC: INTERNATIONAL LEGAL ANALYSIS

2019 ◽  
pp. 106-113
Author(s):  
K.V. Smyrnova ◽  
A.V. Gandziura
Keyword(s):  
Social Relations ◽  
Soft Law ◽  
Legal Analysis ◽  
Legal Norms ◽  
Bilateral Agreements ◽  
Advantages And Disadvantages ◽  
Bilateral Relations ◽  
Strategic Cooperation ◽  
Analytical Assessment

The article deals with peculiarities of the soft law functioning in regulation principles formation of bilateral strategic cooperation between Ukraine and China. The weight and influence of the “soft law” provisions in the context of the legal and regulatory framework of bilateral relations between the countries have been summed up. A deep and profound analytical assessment of various bilateral agreements has been done. Different types of legal norms are being characterized from the point of their legal obligation and the advantages and disadvantages of their application in the agreements in view of current world trends. The survey shows that serving as a regulator of relations, “soft law” may entail certain legal consequences. First of all, it can be the basis for a document that is legally binding source of law, in addition, the rules of “soft law” are able to independently regulate social relations, complementing the official source of law or filling its gaps.

scholarly journals Comparative Legal Analysis of the Criminal Law Liability for Improper Performance of the Professional Duties

2017 ◽  
pp. 91-96
Author(s):  
Шухратжон Хайдаров ◽  
Shuhratzhon Haydarov
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Analysis ◽  
Right To Life ◽  
Foreign Countries ◽  
Constitutional Right ◽  
Criminal Legislation ◽  
Constituent Elements ◽  
Important Constituent

On the basis of the provisions of the criminal legislation of several foreign countries (Russia, Uzbekistan, Armenia, Azerbaijan, Belarus, Bulgaria, Venezuela, United Kingdom, Germany, Georgia, Kazakhstan, Kyrgyzstan, Moldova, United States, Tajikistan, Turkmenistan, Ukraine, France, Estonia, South Korea) the comparative-legal analysis of criminal liability for the improper performance of professional duties is given. The specific features of social relations – object of criminal law protection in the studied countries are determined. Public danger of these crimes is analyzed in the context of the constitutional right to life, health and integrity. The legal essence of concepts such as “failure to fulfill professional duties” and “improper performance of professional duties” is defined. The important constituent elements of criminal liability for the improper performance of professional duties in the studied countries are specified. The priority directions of improving norms of the criminal legislation are offered. The conclusion is made that the positive legislative experience of the countries under investigation can be applied in the criminal legislation of Uzbekistan.

scholarly journals Ways to overcome corruption and corruption manifestations in Ukraine: criminal and legal analysis

2020 ◽  
Vol 11 (3) ◽  
Author(s):  
Hbur Liusia ◽  
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Activity ◽  
Public Institutions ◽  
Scientific Concept ◽  
Legal Analysis ◽  
Complex Process ◽  
Corruption Prevention ◽  
Constant Improvement

The article explores ways to overcome corruption and corruption in Ukraine through the prism of criminal law analysis. It was found that preventing and combating corruption is not only important but also a rather complex process of building a modern legal socially oriented state, due to the dynamism and multi-vector nature of social relations, as well as the constant improvement of forms and methods of criminal activity. The criminogenic situation that has developed in the last decade in Ukraine is characterized, in particular, by the unprecedented spread of corruption. It is determined that the effective fight against corruption requires a scientific concept of its prevention. One of the main principles of such a concept should be the understanding of corruption as a socially conditioned phenomenon. Based on this, it is necessary to develop a strategy and tactics to combat it, set appropriate goals, determine the means to achieve them, the level of material, financial, organizational and legal support. In addition, it is important and necessary to understand that the spread of corruption and the commission of acts of corruption is criminal, in connection with which it is possible to study ways to overcome corruption through the prism of criminal law, which determines the relevance of the study. It is concluded that in order to improve anti-corruption activities, it is necessary, first, to improve the current legislation (including the adoption of a scientifically sound package of anti-corruption legislation); secondly, full use of positive foreign experience in combating corruption; third, involvement of broad sections of the population and public institutions in anti-corruption programs; fourth, improving anti-corruption prevention activities. Keywords: corruption, corruption manifestations, corruption risks, criminal law, criminal liability, criminal-legal analysis, corruption, civil servants, corruption crimes

scholarly journals The Genesis of the System of Administration of the Transport Routes and of the Transport Law in Russia (9th to 18th centuries)

2019 ◽  
Vol 17 (3) ◽  
pp. 260-277
Author(s):  
Yu. I. Petrov ◽  
A. I. Zemlin ◽  
O. M. Zemlina
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Point Of View ◽  
Historical Period ◽  
Legal Analysis ◽  
Legal Norms ◽  
Legal Method ◽  
Starting Point ◽  
Scientific Results

The article analyzes Russian historical and legal heritage containing the norms governing social relations that arose in the process of development of water and inland roads, transportation, state administration in the transport field, and studies the most important norms of Russian transport legislation. The purpose of the research was to study legal regulation of transport relations in the historical period from 9th through 18th centuries in order to identify the main stages of development and periodization of domestic transport law.The study was carried out using methods of legal analysis, including formal-dogmatic method, which allowed to reveal some of shortcomings and gaps of legal regulation; historical and legal method, that, in combination with the methods of taxonomic analysis, made it possible to carry out authors’ periodization of formation of transport legislation during the studied period. The use of achievements of legal hermeneutics and tools of the linguistic-semiotic and semantic approaches provided an opportunity to clarify the content of legal norms and legal documents referring to the period under review.The results of the study are of interest from the point of view of revealing historical patterns of development of transport law, make it possible to assess the role and place of transport legislation in the system of legal regulators of public relations. The presented scientific results, taking into account already existing and practically substantiated developments, can serve as a starting point for further discussion about the prospects, trends and directions of development of Russian transport law and transport legislation.

scholarly journals TWENTY YEARS AND TWENTY DRAWBACKS OF THE RUSSIAN CONSTITUTION

2020 ◽  
Vol 4 (1) ◽  
pp. 21-28
Author(s):  
Natalia A. Bobrova
Keyword(s):  
Russian Federation ◽  
Legal Analysis ◽  
Legal Norms ◽  
Public Property ◽  
Basic Law ◽  
System Method ◽  
Russian Constitution ◽  
Logical Method ◽  
The Russian Federation ◽  
Analysis System

The subject of the research is the legal norms of the current Constitution of the Russian Federation. The work analyzes the chapters of Constitution, identifies the main shortcomings of the existing norms that do not correspond to modern reality and puts forward proposals for their change. The purpose of the study is to confirm or disprove the hypothesis that changes to the Constitution of the Russian Federation are inevitable due to the presence of defects in it that cannot be eliminated in any other way. The methodological basis of the research is a set of general scientific methods of knowledge and special scientific techniques and methods developed in law, including: logical method, comparative legal analysis, system method and formal legal analysis. The main results and scope of their application. The problems that critically affect the stable development of our society and state and its success were formulated. Among these problems are: the absence in the Constitution of the institute of parliamentary control over the executive authorities; the rise of the institution of the President of the Russian Federation over the three branches of government; the unequal status of constituent entities of the Russian Federation; the absence in the Constitution of the concepts "public property" or "national heritage". A significant part of these problems is related to the text of the current Constitution of the Russian Federation. In this regard, the author notes that the current Constitution of the Russian Federation has many defects. The author points out 20 drawbacks of the current Constitution of Russia which make the authorities imitate the principles of democracy and people's power in the actual political practice and substantiates the conclusion on the necessity of the constitutional reform. Conclusions. Revision of the Constitution of the Russian Federation is inevitable, since the Basic Law of the country is not devoid of shortcomings that require correction and legisla-tive changes.

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.

Characteristics of Legislation on Legal Relations of Information Dissemination

2020 ◽  
pp. 18-23
Keyword(s):  
Social Relations ◽  
Information Dissemination ◽  
Legal Regulation ◽  
Legal Scholarship ◽  
Legal Norms

Information and telecommunication technologies have radically changed all social relations. This required corresponding changes in the information legislation. System of legal norms regulating information relations has been updated and increased. However, this changes did not improve legal regulation of information relations. Scientists emphasize that imperfection of information legislation depends on inadequacy of legal norms. Legal scholarship discover different defects of legal norms: antilogy, deficiency of law, inadequacy in logic, duplications and declarativity of norms. Legislation on information dissemination is also characterized by these defects. They entailed problems of application by the courts. Scientific immaturity of legal regulation of information relations is noted. The necessity for creating special legal act, which will regulate relations on information dissemination, is justified.

PROBLEM ASPECTS OF CRIMINAL RESPONSIBILITY FOR RAPE IN THE CONTEXT OF CHANGES TO ART. 152 OF THE CRIMINAL CODE OF UKRAINE

2017 ◽  
Author(s):  
Stepan Burda ◽  
Keyword(s):  
Human Rights ◽  
National Security ◽  
Mental State ◽  
Criminal Liability ◽  
Criminal Code ◽  
Direct Impact ◽  
Sexual Freedom ◽  
Normal Life ◽  
Basic Law ◽  
Criminal Offenses

The article describes the criminal liability for rape in the context of amendments to Art. 152 of the Criminal code of Ukraine. It is noted that sexual freedom and sexual integrity are among the most important personal human rights. It is regulated by the Basic Law of our state and no wonder the legislator placed this object of encroachment in the first sections of the Criminal Code of Ukraine after such as the basics of national security, life and health, will, honor and dignity of the person. Violation of these rights is reflected in the mental state of the victim, has a direct impact on the health, normal life of the person. It is established that the separation of Section IV "Criminal offenses against sexual freedom and sexual integrity of a person" in the Special Part of the Criminal Code of Ukraine means increasing the state's attention to the state of sexual relations in Ukraine. Sexual freedom and inviolability are among the most important personal human rights. It is regulated by the Basic Law of our state and not without reason the legislator placed this object of encroachment in the first sections of the Criminal Code of Ukraine after such as the basics of national security, life and health, will, honor and dignity of the person. Violation of these rights is reflected in the mental state of the victim, has a direct impact on the health, normal life of the person. It should be noted that criminal offenses against the life and health of a person, criminal offenses against the honor of freedom and dignity of a person, criminal offenses against sexual freedom and sexual integrity of a person are the most serious and terrible of all existing in the modern Criminal Code of Ukraine. these crimes, in addition to severe physical trauma, leave in the minds of the victim, his relatives and friends great and horrible memories that last a lifetime, traumatize the psyche and often lead to suicide of victims who can not be rehabilitated. The opinion is expressed that in the disposition of Article 152 of the Criminal Code of Ukraine there is a certain uncertainty in the question of which

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