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 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 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 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.

REQUIREMENTS FOR INCOMPATIBILITY OF A JUDGE POSITION WITH OTHER TYPES OF ACTIVITY: COMPARATIVE CONSTITUTIONAL AND LEGAL ASPECT

2021 ◽  
Author(s):  
Mariana Khmyz ◽  
Keyword(s):  
Human Rights ◽  
Local Governments ◽  
Legal Aspect ◽  
Supervisory Board ◽  
Criminal Court ◽  
The Body ◽  
Public Authorities ◽  
Professional Activities ◽  
The Law ◽  
The Right

The article reveals the requirements for the incompatibility of the position of a judge with other activities in the comparative constitutional and legal aspect. It is determined that the requirements for incompatibility of a judge's position with other activities in Ukraine are regulated by the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges», the Law of Ukraine «On Purification of Power», the Convention for the Protection of Human Rights and Fundamental Freedoms, Rules of Court adopted by the Council of Europe and the European Court of Human Rights, the Rome Statute of the International Criminal Court, the General (Universal) Charter of Judges. It is established that the legislative and constitutional requirements for judges stipulate that judges must meet high moral, ethical and professional standards. It has been established that persons may not engage in administrative, political or professional activities during their tenure as judges, which is incompatible with their impartiality, independence or the requirements for permanent performance of their duties. It is determined that while in the position of a judge, it is not allowed to engage in other activities, in particular, to carry out activities in other public authorities, local governments or activities related to the representative mandate. It has been proved that a judge cannot combine the activities defined by the position of a judge with advocacy and business activities. It was found that judges are prohibited by law from holding paid positions and performing paid work, except for teaching, research or creative work. It is established that a judge has no right to be a member of the governing of the body or supervisory board of an enterprise or organization whose main purpose is to make a profit. It is determined that a judge has no right to belong to a political party or trade union, as well as to show support for such a party or union. It has been proven that judges are prohibited from participating in election campaigns, political rallies, rallies or strikes. It was found that the judge is obliged to comply with the requirements for incompatibility established by the legislation of Ukraine in the direction of preventing and combating corruption. It is determined that a judge has the right to activities related to the administration of justice, to participate in judicial self-government, to membership in national or international associations, as well as in other organizations that operate to protect the interests of judges, increase the authority of the judiciary, in society or for the development of legal science and profession, for the formation of public associations, as well as for participation in the activities of such associations in order to protect their rights and interests, as well as to improve the level of professionalism and skills. It is proposed, in the future of the following studies, to reveal the grounds for dismissing a judge from office in a comparative constitutional and legal aspect.

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 Immigration and Public Security: The Implementation of Municipal Bylaws in Milan

AmeriQuests ◽  
2014 ◽  
Vol 11 (2) ◽  
Author(s):  
Fiammetta Bonfigli
Keyword(s):  
Law Enforcement ◽  
Local Governments ◽  
Central Government ◽  
Legal Aspect ◽  
State Of Exception ◽  
Political Debate ◽  
Actual Mechanism ◽  
Private Citizens ◽  
Urban Security ◽  
African Community

On 13 February 2010, in Via Padova, a multicultural area of Milan, a young Egyptian was stabbed and killed by native of the Dominican Republic. After the murder, several members of the city's North African community exploded in a running street riot. The events were followed by a harsh political debate, leading to two bylaws were issued by the Mayor of Milan, which sought to impose severe restrictions on life in the area. These two bylaws, N°14/2010 and N°15/2010, are part of a wave of administrative acts about urban security that were approved by different local governments in Italian cities, after the birth of the “Security Emergency” in 2006-2008. These measures can't be considered traditional means of law enforcement in Italy: the municipal bylaws are administrative acts approved by local government of each city without any direct link to the Parliament or the Central Government. Although public order is competence of the Central Government, since the early 90s local governments claimed more power in order to deal with urban security. Moreover, in 2009 was approved a specific group of regulations, the “Pacchetto sicurezza” that increased the controls on immigration in the cities by police, the army and citizens' participation “ronde cittadine”. This is something new in the field of immigration control in Italy: moving from the national borders, control on immigration comes in the cities and in the neighbourhoods. This paper firstly depicts the new powers of local governments dealing with urban security as they move beyond the traditional limits of Law enforcement, and provides descriptions of the army and private citizens as new actors of urban social control against immigration. Secondly, the case of Via Padova is taken as a concrete example of administrative acts in the realm of urban security that create a “state of exception” in a specific neighbourhoods, targeting the immigrants and the places where they gather. The link between this exceptional situation and the Zero Tolerance approach that supported the measures creates a space where the legal aspect of security administrative acts is ambiguous: the Milan bylaws can be considered as an actual mechanism to move beyond the traditional criminalization of immigrants.

scholarly journals NEPOTISM AS A BASIS FOR REMOVAL (SELF-RECUSAL) OF THE COURT’S COMPOSITION: ANALYSIS OF JUDICIAL PRACTICE

2021 ◽  
pp. 32-39
Author(s):  
V. V. Hrusha ◽  
S. V. Dyachenko
Keyword(s):  
Law Enforcement ◽  
International Standards ◽  
Composition Analysis ◽  
Main Task ◽  
Public Authorities ◽  
National Legislation ◽  
Legal Reforms ◽  
Effective Implementation ◽  
Judicial Practice ◽  
The Moment

At the moment, Ukraine is trying hard to meet both European and international standards. This is manifested not only in the reform of public authorities, the creation of new state bodies, whose main task is to combat and prevent corruption, but also to bring national legislation in line with international standards. In our opinion, Ukraine’s orientation to comply with international provisions on the independence and impartiality of judges is the key to creating a judicial system that should operate in a democracy, and is a factor that will contribute to the effective implementation of other legal reforms. In every democracy, the court must be independent and impartial. Without exaggeration, we can say that this is one of the fundamental principles of the judiciary. The principle of independence and impartiality of the judiciary includes many elements, among which a prominent place is occupied by the institution of removal of a judge from participation in the case. In this study, we would like to demonstrate the complexity of proving the grounds and facts that are necessary for the removal of a judge by analyzing the decisions of different judges. Proposals were made to improve the norms of national legislation and bring it in line with international norms. The authors drew attention to law enforcement practice, as in some cases the decisions of some courts directly contradicted others.

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