scholarly journals THE CONSTITUTION OF THE STATE IN THE CONTEXT OF ITS FUNCTIONS

2021 ◽  
pp. 61-68
Author(s):  
Dmytro Bielov ◽  
Myroslava Hromovchuk
Keyword(s):  
Scientific Publication ◽  
The State ◽  
Political Struggle ◽  
Basic Law ◽  
Legal Nature ◽  
Political Expediency ◽  
History Of ◽  
Legal Document ◽  
Clear Statement ◽  
Terminological Confusion

Purpose. The scientific publication is devoted to highlighting the peculiarities of the legal nature of the constitution. The authors consider the structure and content of the constitution of the state in the context of its functions. The specificity of the content of the newest constitutions in the history of world constitutionalism is considered. Methods. The methodological basis of the work is a post-positivist methodology for the study of the problems of the paradigm of contemporary Ukrainian constitutionalism, which is an orderly system of mutually agreed ideological principles and methods that allow to thoroughly and comprehensively investigate the legal properties of the paradigm of constitutionalism and to determine the essence and content of its legal relations. Results and Conclusions. Consequently, the main and still unresolved issue is the ambiguity of what is proposed to adopt: a new Constitution, a new version of the current Constitution, amendments and additions to the current Constitution. Although paradoxical, but in Presidential speeches, these terms are used repeatedly as synonyms. However, legally they are completely different concepts. This terminological confusion carries a great danger of loss of landmarks and prevents a clear statement of the problem in a purely legal area. Thus, we believe that the constitutional process is too politicized today. In our opinion, the acutest political struggle is underway for adopting a form of constitution that is convenient for one of the parties. But in fact – for power – everyone wants a maximum of power. Including through their Constitution enforced in some way. However, the Basic Law should be adopted not from the conjuncture considerations of political expediency, but be a complete legal document, taking into account the achievements of the world jurisprudence, with the strict observance of all the prescribed legal procedures. After all, the constitution should be the main document of the state, at least for a decade.

scholarly journals THE BASIC LAW OF THE STATE: LEGAL AND POLITICAL CONTENT

2019 ◽  
Vol 5 (3) ◽  
pp. 59
Author(s):  
Dmytro Bielov ◽  
Myroslava Hromovchuk
Keyword(s):  
Scientific Publication ◽  
The State ◽  
Political Struggle ◽  
Basic Law ◽  
Legal Nature ◽  
Political Expediency ◽  
History Of ◽  
Legal Document ◽  
Clear Statement ◽  
Terminological Confusion

The scientific publication is devoted to highlighting the peculiarities of the legal nature of the constitution. The authors consider the structure and content of the constitution of the state in the context of its functions. The specificity of the content of the newest constitutions in the history of world constitutionalism is considered. The correlation between the constitution and the state policy is established. Modern approaches to understanding the nature of the constitution are considered. The legal nature of the Constitution of Ukraine is determined. Proven, the main and still unresolved issue is the ambiguity of what is proposed to adopt: a new Constitution, a new version of the current Constitution, amendments and additions to the current Constitution. Although paradoxical, in Presidential speeches, these terms are used repeatedly as synonyms. However, legally they are completely different concepts. This terminological confusion carries a great danger of loss of landmarks and prevents a clear statement of the problem in a purely legal area. We believe that the constitutional process is too politicized today. In our opinion, the acutest political struggle is underway for adopting a form of constitution that is convenient for one of the parties. But in fact – for power – everyone wants a maximum of power. Including through their Constitution enforced in some way. However, the Basic Law should be adopted not from the conjuncture considerations of political expediency but be a complete legal document, taking into account the achievements of the world jurisprudence, with the strict observance of all the prescribed legal procedures. After all, the constitution should be the main document of the state, at least for a decade.

scholarly journals ЛОГІКА ВИКЛАДАННЯ ІСТОРІЇ ДЕРЖАВА І ПРАВА УКРАЇНИ ВІДПОВІДНО ДО КОНСТИТУЦІЇ УКРАЇНИ

2018 ◽  
pp. 86-97
Author(s):  
Григорій Юрійович Каніщев
Keyword(s):  
The State ◽  
Public Authority ◽  
Academic Disciplines ◽  
Current Status ◽  
Political Struggle ◽  
Public Authorities ◽  
Developed Country ◽  
History Of ◽  
State Rights

History of State and law of Ukraine can be considered as one of the leading academic disciplines to modern lawyers because its purpose is to familiarize professionals with the historical experience of the development of statehood and the territory of modern Ukraine that directly or indirectly impact on the current status and the quality of the public authority in our country, on the relationship between the State and citizens, on the situation in Ukraine in the international arena, its image in the world, etc. Great value for the teaching and study of history of State and Law of Ukraine have changes that have been happening lately in higher legal education in our country. Besides necessary legal skills and knowledge, present-day and future lawyers have to understand the nature of law and the philosophy of human rights, the role of the bureaucracy in the functioning of the State organized by the society, the mechanism of distribution of public authorities, as well as to understand the ways of development of the State and its transition from a developing country to a developed country. The role of history of State and Law of Ukraine here is mapping the processes of historical evolution of relationships between the human and the State on the modern Ukrainian territory. This includes compliance with State rights, in particular political struggle of people for their rights in both peaceful and violent way (through an armed revolt against the authorities) etc. In this connection, educational courses and researches on the history of State and Law should pay much attention to the evolution of public authority as a result of the struggle of people for their rights.

UPRAVNO SUDSTVO PREMA VIDOVDANSKOM USTAVU

2021 ◽  
Author(s):  
Zoran Jovanović ◽  
◽  
Stefan Andonović
Keyword(s):  
Second World War ◽  
The State ◽  
State Council ◽  
World War ◽  
Basic Principles ◽  
Legal Nature ◽  
History Of ◽  
Administrative Courts ◽  
Second World ◽  
Selection Of

The Vidovdan Constitution of the newly formed Kingdom of Serbs, Croats and Slovenes is one of the most important monuments of regional history of constitutional law. Adopted in 1921, in order to determine the basic principles of state and social organization, the Vidovdan Constitution contained certain provisions that are still acceptable today 100 years later. Moreover, the Vidovdan Constitution represents one of the most important moments in the creation of the administrative judiciary of the states that later emerged in the territory of the Kingdom. Namely, the literature states that the organization of the administrative judiciary, provided by the Constitution, leads to the most significant period in the development of the administrative judiciary (in Serbia) from its founding in 1869 until the Second World War. In this regard, as one of the most important aspects, authors emphasize the introduction of a two-tier administrative judiciary, with significant guarantees of professionalism in the selection of judges. Having in mind its significance in the history of the administrative judiciary, the authors will analyze the basic constitutional norms regarding the legal nature and organization of the administrative judiciary. Also, the research will include the issue of the position of judges of the administrative court and members of the State Council. In addition to the constitutional provisions, paper gives mentions to relevant provisions of the Law on the State Council and Administrative Courts, as well as the Decree on the State Council and Administrative Courts adopted shortly after the Vidovdan Constitution.

Outposts of the Law: The Frontier and the Civil-Law Fringe

2019 ◽  
pp. 127-146
Author(s):  
Lawrence M. Friedman
Keyword(s):  
Civil Law ◽  
The State ◽  
American Frontier ◽  
Northwest Ordinance ◽  
Basic Law ◽  
The Future ◽  
History Of ◽  
The Law ◽  
New Nation

This chapter discusses the history of American frontier law. The new nation faced the problem of how to deal with the western lands. Some of the states had huge, vague, and vast claims to chunks of western land, stretching out far beyond the pale of settlement; other states did not. The Ordinance of 1787 dealt with the issue of governance and the future of the western lands. It set basic law for a huge area of forest and plain that became the states of Ohio, Indiana, Illinois, Michigan, and Wisconsin. The Ordinance of 1790 extended the influence of the Northwest Ordinance into what became the state of Tennessee.

Modern Marriage and the Culture of Sexuality: Experts between the State and the Church in Poland, 1956–1970

2019 ◽  
Vol 49 (3) ◽  
pp. 467-490 ◽  
Author(s):  
Natalia Jarska
Keyword(s):  
Psychological Health ◽  
Catholic Church ◽  
The State ◽  
Political Struggle ◽  
Archival Documents ◽  
History Of ◽  
Marital Sex ◽  
Party State ◽  
Health Experts ◽  
The Catholic Church

Through an analysis of archival documents and the published writings of experts, this paper explores the relationships between the emerging field of sexology, the state, and the Catholic Church in post-1956 Poland, as these relationships play an important role in the history of sexuality under state socialism. In the period in question, experts in sexuality, mainly medical doctors, focused on how to improve sexual relations within marriage. They developed a notion known as the ‘culture of sexuality’ based on progressive values such as equality, rationality, and psychological health. Experts drew a connection between an improvement in people’s marital sex lives and the health and welfare of both society and the nation. The Party-State supported these developments and also used them to their advantage in their political struggle with the Catholic Church. However, the experts’ proposal to restrict access to abortion (in 1961) was met with decisive resistance on the part of the Party-State.

scholarly journals The political structure of the Empire of Brazil according to the Constitution of 1824

2020 ◽  
Vol 3 ◽  
pp. 77-84
Author(s):  
N. I. Koloskova ◽  
E. А. Аlentsov ◽  
E. А. Nedostup ◽  
O. S. Ostapovich
Keyword(s):  
The State ◽  
The Political ◽  
State Structure ◽  
Political Structure ◽  
Brazilian Society ◽  
Basic Law ◽  
History Of ◽  
The Creation ◽  
The Law

The article is devoted to the Constitution of Brazil of 1824, the first in the history of this country. The political structure of the Brazilian Empire described in the article was based on this Constitution, which was in force from its adoption until the proclamation of the First Brazilian Republic (1889). The article analyzes the tasks that stood at the creation of the Constitution and the main changes made to the state structure of Brazil after the law was initiated. It is emphasized that, although the Imperial Constitution did not solve all the problems in Brazilian society, it was the first to identify the issues to be resolved, and that the monarchy lasted longer in Brazil than successive Republican and dictatorial regimes, including thanks to the basic law of the country in the edition of 1824.

The formation of the composition of the Constitutional Court of Russia in 1994–1995 (on the history of the issue and constitutional and legal aspects)

2021 ◽  
Vol 30 (4) ◽  
pp. 155-171
Author(s):  
Mikhail Mityukov
Keyword(s):  
Legal Aspects ◽  
The State ◽  
Constitutional Court ◽  
Political Struggle ◽  
Head Of State ◽  
The Status ◽  
History Of ◽  
The Russian Federation ◽  
Democratic Procedure

The modernisation of the Constitutional Court of the Russian Federation in 1993–2000 was a result of the political and legal transformations of the 1990s, and the period of its procedural inaction for a year and a half was by no means time lost. It was used to prepare a new law for the Constitutional Court, which was largely prepared by the Court itself and accompanied by disputes with the State Legal Department of the Russian Federation’s president and various factions of the State Duma of the first assembly (LDPR, KPRF). Discussions were primarily held about the status of the Constitutional Court, such as the Court’s term in office, as well as its number of members, which greatly determined the effectiveness of the future “second” Constitutional Court of the 1993–1995 model and its internal structure. Filling the Constitutional Court’s six vacant seats as defined by the 1993 Constitution was not carried out by electing judges as in the previous legislation, but instead by appointing them to each of the chambers on the suggestion of the head of state. This predetermined an acute political struggle, primarily to establish the procedure for selecting candidates for judicial positions and determining the role of the president in each chamber of the Federal Assembly, the State Duma factions, legal institutions, and scientific communities of legal scholars. The independent “game” of each of these elements delayed the process of starting a functioning Constitutional Court for many months, but the democratic procedure for electing the courts’ heads allowed the issue to resolve without delay.

scholarly journals Legal nature of state registration as a legal fact in the mechanism of dynamics of property rights

2020 ◽  
pp. 45-51
Author(s):  
M. Hudyma
Keyword(s):  
Real Estate ◽  
Property Rights ◽  
Scientific Publication ◽  
The State ◽  
Point Of View ◽  
Legal Structure ◽  
Legal Nature ◽  
State Registration ◽  
Legal Fact ◽  
The Right

This scientific publication attempts to clarify the legal nature of state registration as a legal fact in the mechanism of the dynamics of property rights. There has been made a critical analysis of the viewpoint of supporters of the recognition of the right-establishing character of the state registration and the viewpoint of scholars who consider that the state registration has the function of confirmation, legalization of already established rights. The legislative approach to the relevant issues, which reveals the inconsistency of regulations on the place and importance of state registration in the mechanism of the dynamics of property rights is analyzed. The root of all disagreements and inconsistencies is seen in the desire to take a clear position that the state registration performs only one function: either statutory or confirmatory, while the possibility of simultaneous performance of these two functions was not practically considered.It is substantiated that the legal nature of state registration is quite heterogeneous. If we talk about the property and legal significance of the act of state registration, then for the parties to the contract or other direct participants in the relative legal relationship aimed at the transfer of property rights to real estate, it will have a confirmatory value, and for third parties in absolute legal relations it will be of legal significance, providing a proof of this fact known. If we consider the state registration from the point of view of the dynamics of the process of transfer of property rights, to determine its role in this mechanism, it is the final legal fact in the legal structure, which entails the emergence of a new right holder. The publication emphasizes that giving state registration the importance of the final legal fact in the legal structure that causes the transition of property right we should not, however, shift the emphasis and consider it a priority legal fact in comparison with others. Although the registration of property rights is mandatory, it is secondary to the mechanism of transfer of ownership and other property rights to real estate, because it loses any sense and is absolutely impossible without the occurrence of other legal facts, including – the conclusion of a contract (real or consensual).

Political Ideas and Political Struggle of the Pre-Revolutionary Russian Clergy (The Case of the Ryazan Diocese)

Orthodoxia ◽  
2021 ◽  
pp. 125-159
Author(s):  
Hegumen Vitaliy (I.N. Utkin)
Keyword(s):  
Teaching Experience ◽  
The State ◽  
The Political ◽  
Political Struggle ◽  
Political Ideas ◽  
Leading Role ◽  
Political Views ◽  
History Of ◽  
The Russian Empire ◽  
The Revolution

This article, written using the materials of Ryazan diocesan press, studies the history of the formation of political ideas and the political struggle of pre-revolutionary Russian clergy. In the process of forming separate spiritual estate and system of the rationalized Latin-speaking spiritual education within the Russian Empire, the clergy becomes one of the forces modernizing the country, while perceiving itself as the enlightener and the civilizer of people. The state saw the clergy as petty officials, but the clergy were not willing to accept this role. During the creation of elementary school in the system of the Ministry of State Property, the clergy strengthened their social position and acquired many years of teaching experience. The liberal nobility feared that the clergy would take the lead in rural life by alienating the landlords. Zemstvos begin to fight to push the clergy away from the peasants, squeezing the clergy out of schools. At the same time, churches start opening schools en masse. The clergy enters a political struggle with the liberal gentry. Church periodicals began to appear, shaping the political stance of the clergy. The clergy sees itself as a separate politicum, which can be higher than zemstvos as all-empowerment bodies. Diocesan congresses, as well as district and parochial assemblies start appearing as a means of unification and consolidation of the clergy.The necessity of intra-church democracy, while ignoring the canonical role of the bishop and mass media's leading role, becomes a dominant idea in the clergy's life until the Revolution of 1917. These democratic representations in the Ryazan diocesan press were not called “sobornost” anymore but were political in nature. For utilitarian purposes, the state power supported such aspirations of the clergy during the 1912 election campaign to the State Duma. The clergy had the opportunity to realize their political views during the February Revolution of 1917 and fully supported it. Diocesan bishops were expelled, each parish was considered as a separate “local church”. The clergy sought to remain unelected and beyond the control of the parishioners, although they themselves insisted on electing diocesan bishops. However, parishioners turned their backs on their pastors. Some clergy were expelled from parishes, others limited the level of fees for services. Representatives of the laity and lower clergy drove the clergy out of elected parish and diocesan authorities. As the revolution developed and the country descended into chaos, the clergy, who had taken part in these processes, did not accept their share of responsibility for what was happening; on the contrary — they blamed the “ignorant” people for the church trials.

scholarly journals The state of research of the concept of intentionalityin criminal legal literature

2020 ◽  
Vol 2 (2) ◽  
pp. 183-190
Author(s):  
Valeriya Savytska
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
The State ◽  
Basic Law ◽  
Legal Literature ◽  
History Of ◽  
Reliable Knowledge ◽  
State Of Research ◽  
Subjective Side

The state of research of the concept of consciousness in the criminal law literature is studied. The Consti-tution of Ukraine in Art. 62 declared that a person is presumed innocent of committing a crime and may not be subjected to criminal punishment until his guilt has been proved in a lawful manner and established by a court conviction. No one is required to prove their innocence. The accusation cannot be based on evidence obtained illegally, nor on assumptions. All doubts about the guilt of a person are interpreted in his favor. This provision of the Basic Law is reflected in Part 2 of Art. 2 of the Criminal Code of Ukraine, Art. 2, art. 17 and item 2 part 1 of Art. 91 of the Criminal Procedure Code of Ukraine, which should maximally promote the implementation of such a constitutional norm. In turn, guilt is a mandatory feature of the subjective side of the crime, the establishment of which is the final step in establishing the crime as the only basis for criminal liability, so its clarification is important. Traditionally, in addition to guilt, the signs of the subjective side of the crime include motive, purpose and emotional state. At the same time, in the Criminal Code of Ukraine there are other features defined by the legislator as mandatory and which reveal the content of the subjective side of the crime. One of them is intentionality. It has been proved that in the science of criminal law there is an opinion that it is appropriate to interpret the term "intentionality" not as knowledge or assumptions, but only as reliable knowledge. In addi-tion, intentionality is considered not as an independent feature of the subjective side of the criminal offense, but as a feature that characterizes the intellectual moment of the relevant form of guilt (usually intent (although in the scientific community there is no unity in this case). However, there is an alternative posi-tion, according to which intentionality is an independent feature of the subjective side, which must be con-sidered in conjunction with guilt. In order to establish the urgency of the need to use the sign of intentionality in criminal law and to understand in more detail its essence, we will consider the history of the development of the use of the concept of intentionality in the monuments of domestic criminal law.

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