scholarly journals THE PARADIGM OF CONTEMPORARY UNITARISM IN UKRAINE: ISSUES OF FORMATION AND IMPLEMENTATION

2021 ◽  
pp. 78-89
Author(s):  
Oleksandr Batanov
Keyword(s):  
Constitutional Law ◽  
Mutual Influence ◽  
State Power ◽  
The State ◽  
Theory And Practice ◽  
Unitary Theory ◽  
Civic Consciousness ◽  
The Status ◽  
Territorial Organization ◽  
State Territory

Aim. The article aims to investigate the essential and content characteristics of unitarism as a phenomenon of contemporary constitutional law. The synergistic connection between the doctrine of modern unitarism, the principles of unitarity of the state territory and the fundamental institutions of political-legal and state-administrative life of modern unitary states is shown. It proves that the unitary system is not only one of the important components of the process of accomplishing the tasks, goals and functions of most modern states, but also an immanent feature and strategic element of the mechanism of exercising their sovereign rights. Methods. The methodological basis encompasses philosophico-ideological, general scientific principles and approaches and special scientific methods of inquiry for constitutional and legal phenomena and processes. The philosophico-ideological basis of the study is the position of dialectics, on the basis of which the causes and factors of the evolution of unitarism are thoroughly investigated. In general, the research was conducted on the basis of a combination of ontological, epistemological and axiological analysis of contemporary unitarism. Results. The complexity, importance and relatively widespread use of unitarity as a form of government is causing a lively and ever-growing scientific interest in it throughout the world. The unique capability of unitarism to take into account the specific features of a particular condition allows it to manifest itself in each case in a new way. That is why it is important to analyze the mutual influence of unitary theory and practice, to explore and take into account the peculiarities of national unitarism. The problem of unitarism and the unitary form of the territorial structure of the state and the status of its constituents is one of the least studied in domestic constitutional law. Modern scholars studying constitutional law, as a rule, are limited to consideration of individual issues of the territory, in particular, the features of the territorial organization of state power and local self-government, problems of state sovereignty, territorial integrity and inviolability, etc. To a large extent, the problem has not been studied exhaustively in contemporary Ukraine which causes difficulties in understanding such interrelated but not identical phenomena as unitarism and unitarity, regionalism and regionalization, municipalism and municipalization, decentralization and deconcentration, etc. It should be noted that in modern literature related to problems of state territory, territorial organization of state power, and other issues of the status of territory, the complex, multidimensional nature of unitarism, as a constitutional category, is not always taken into account. Conclusions. Unitarism is proved to be a multidimensional socio-political and constitutional phenomenon: it is an idea, a theory, a scientific direction as well as a global social constitutional practice and a constitutional form of the existence and functioning of territorial communities, it is the historical condition of national statehood and Ukrainian regional civilization and the form of realization of the national identity and civic consciousness, etc.

scholarly journals Comparative characteristics of unitarism and federalism: conceptual aspects of theory and practice

2020 ◽  
pp. 87-93
Author(s):  
Oleksandr Batanov
Keyword(s):  
Constitutional Law ◽  
Mutual Influence ◽  
State Power ◽  
The State ◽  
Theory And Practice ◽  
Unitary Theory ◽  
Federal States ◽  
The Status ◽  
Territorial Organization ◽  
State Territory

The aim of the article is a comparative legal study of the essential and substantial characteristics of unitarism and federalism asphenomena of modern constitutional law. The synergetic relationship between the doctrines of modern unitarism or federalism, theprinciples of unitarism or federalism of the state territory and the fundamental institutions of the political, legal and state-administrativelife of modern unitary and federal states is shown. It is proved that the state system is not only one of the important components of theprocess of achieving the tasks, goals and functions of modern states, but also an immanent sign and a strategic element of themechanism for the realization of their sovereign rights.Given the unitarity of the Ukrainian state, special emphasis is placed on the importance of the principles of unitarism in thefunctioning of the constitutional system of Ukraine. The complexity, importance and relatively widespread use of unitarity as a form ofgovernment is causing a lively and ever-growing scientific interest in it throughout the world. The unique ability of unitarism to takeinto account the specific features of a particular condition allows it to manifest itself in each case in a new way. That is why it is importantto analyze the mutual influence of unitary theory and practice, to explore and take into account the peculiarities of national unitarism.The problem of unitarism and the unitary form of the territorial structure of the state and the status of its constituents is one ofthe least studied in domestic constitutional law. Modern representatives of the science of constitutional law, as a rule, are limited to considerationof individual issues of the territory, in particular, the features of the territorial organization of state power and local selfgovernment,problems of state sovereignty, territorial integrity and inviolability, etc. To a large extent, a lack of study of the problemin contemporary Ukraine causes difficulties in understanding such interrelated but not identical phenomena as unitarism and unitarity,regionalism and regionalization, municipalism and municipalization, decentralization and deconcentration, etc. It should be noted thatin modern literature on issues of state territory, territorial organization of state power, and other issues of the status of territory, thecomp lex, multidimensional nature of unitarism as a constitutional category is not always taken into account.It is proved that unitarism and federalism are multidimensional socio-political and constitutional phenomena: these are ideas, andindependent theories and scientific directions, and global social and constitutional practices, and constitutional forms of existence andfunctioning of territorial collectives and regions, and the historical state of statehood, and forms of realization of national identity andcitizenship, etc.

scholarly journals Conceptual Problems of Modern Unitarianism

2020 ◽  
pp. 87-92
Author(s):  
Oleksandr Batanov
Keyword(s):  
Constitutional Law ◽  
Mutual Influence ◽  
State Power ◽  
The State ◽  
Theory And Practice ◽  
Unitary Theory ◽  
The Status ◽  
Territorial Organization ◽  
Strategic Element ◽  
State Territory

The aim of the article is to study the essential and substantial characteristics of unitarism as a phenomenon of modern constitutional law. The synergistic connection between the doctrine of modern unitarism, the principles of unitarity of the state territory and the fundamental institutions of political-legal and state-administrative life of modern unitary states is shown. It proves that the unitary system is not only one of the important components of the process of achieving the tasks, goals and functions of most modern states, but also an immanent feature and strategic element of the mechanism of exercising their sovereign rights. The complexity, importance and relatively widespread use of unitarity as a form of government is causing a lively and ever-growing scientific interest in it throughout the world. The unique ability of Unitarianism to take into account the specific features of a particular condition allows it to manifest itself in each case in a new way. That is why it is important to analyze the mutual influence of unitary theory and practice, to explore and take into account the peculiarities of national unitarism. The problem of unitarism and the unitary form of the territorial structure of the state and the status of its constituents is one of the least studied in domestic constitutional law. Modern representatives of the science of constitutional law, as a rule, are limited to consideration of individual issues of the territory, in particular, the features of the territorial organization of state power and local self-government, problems of state sovereignty, territorial integrity and inviolability, etc. To a large extent, a lack of study of the problem in contemporary Ukraine causes difficulties in understanding such interrelated but not identical phenomena as unitarism and unitarity, regionalism and regionalization, municipalism and municipalization, decentralization and deconcentration, etc. It should be noted that in modern literature on issues of state territory, territorial organization of state power, and other issues of the status of territory, the complex, multidimensional nature of unitarianism as a constitutional category is not always taken into account. Unitarianism is proved to be a multidimensional socio-political and constitutional phenomenon: it is an idea, a theory, a scientific direction, and a global social and constitutional practice, and a constitutional form of the existence and functioning of territorial communities, and the historical state of national statehood and Ukrainian regional civilization. and the form of realization of national identity and citizenship, etc.

scholarly journals Independence, Sovereignty, Preponderance – The Prevalence and the Territorial Expansion of State Power

2019 ◽  
Vol 3 (1) ◽  
pp. 78
Author(s):  
Dardan Vuniqi
Keyword(s):  
International Organizations ◽  
State Power ◽  
The State ◽  
Self Determination ◽  
Territorial Expansion ◽  
The People ◽  
Independent States ◽  
The Right ◽  
Water Space ◽  
State Territory

State is society’s need for the existence of an organized power, equipped with the right equipments of coercion and able to run the society, by imposing the choices that seem reasonable to them, through legal norms. State is an organization of state power; it is an organized power which imposes its will to all the society and has a whole mechanism to execute this will. The state realizes its functions through power, which is a mechanism to accomplish its relevant functions. The power’s concept is a social concept, which can be understood only as a relation between two subjects, between two wills. Power is the ability to impose an order, a rule and other’s behavior in case that he doesn’t apply voluntary the relevant norm, respectively the right. Using state power is related to creation and application, respectively the implementation of law. To understand state power better, we have to start from its overall character. So, we notice that in practice we encounter different kinds of powers: the family’s one, the school’s one, the health’s one, the religion’s, culture’s etc. The notion of powers can be understood as a report between two subjects, two wills. Power is an order for other’s behavior. Every power is some kind of liability, dependence from others. In the legal aspect, supremacy of state presents the constitutive – legislative form upon the powers that follow after it. Supremacy, respectively the prevalence, is stronger upon other powers in its territory. For example we take the highest state body, the parliament as a legislative body, where all other powers that come after it, like the executive and court’s one, are dependable on state’s central power. We can’t avoid the carriage of state’s sovereignty in the competences of different international organizations. Republic, based on ratified agreements for certain cases can overstep state’s power on international organizations. The people legitimate power and its bodies, by giving their votes for a mandate of governance (people’s verdict). It is true that we understand people’s sovereignty only as a quality of people, where with the word people we understand the entirety of citizens that live in a state. The sovereignty’s case actualizes especially to prove people’s right for self-determination until the disconnection that can be seen as national – state sovereignty. National sovereignty is the right of a nation for self-determination. Sovereignty’s cease happens when the monopoly of physical strength ceases as well, and this monopoly is won by another organization. A state can be ceased with the voluntary union of two or more states in a mutual state, or a state can be ceased from a federative state, where federal units win their independence. In this context we have to do with former USSR’s units, separated in some independent states, like Czechoslovakia unit that was separated in two independent states: in Czech Republic and Slovakia. Former Yugoslavia was separated from eight federal units, today from these federal units seven of them have won their independence and their international recognition, and the Republic of Kosovo is one amongst them. Every state power’s activity has legal effect inside the borders of a certain territory and inside this territory the people come under the relevant state’s power. Territorial expansion of state power is three dimensional. The first dimension includes the land inside a state’s borders, the second dimension includes the airspace upon the land and the third dimension includes water space. The airspace upon inside territorial waters is also a power upon people and the power is not universal, meaning that it doesn’t include all mankind. State territory is the space that’s under state’s sovereignty. It is an essential element for its existence. According to the author Juaraj Andrassy, state territory lies in land and water space inside the borders, land and water under this space and the air upon it. Coastal waters and air are considered as parts that belong to land area, because in every case they share her destiny. Exceptionally, according to the international right or international treaties, it is possible that in one certain state’s territory another state’s power can be used. In this case we have to do with the extraterritoriality of state power. The state extraterritoriality’s institute is connected to the concept of another state’s territory, where we have to do with diplomatic representatives of a foreign country, where in the buildings of these diplomatic representatives, the power of the current state is not used. These buildings, according to the international right, the diplomatic right, have territorial immunity and the relevant host state bodies don’t have any power. Regarding to inviolability, respectively within this case, we have two groups to mention: the real immunity and the personal immunity, which are connected with the extraterritoriality’s institute. Key words: Independence, Sovereignty, Preponderance, Prevalence, Territorial Expansion.

scholarly journals Principles of Political and Legal Research

2020 ◽  
pp. 452-460
Author(s):  
Gorbatenko Volodymyr
Keyword(s):  
Mutual Influence ◽  
The State ◽  
Social Needs ◽  
Theory And Practice ◽  
Legal Research ◽  
Basic Principles ◽  
Theoretical Substantiation ◽  
Political Reality ◽  
State And Society ◽  
Politics And Law

The principles of political and legal research are analyzed as an important direction, the theoretical and practical potential of which helps to optimize the management of the state and society. Against this background, implemented: understanding the need for a combination of political and legal knowledge; definition and characterization of the basic principles of political and legal research; identification of their content, orientation and application features. Political and legal research as an important area, whose theoretical and practical potential is aimed at optimizing the management of the state and society, is based on a number of important scientific principles that allow to optimally approach the understanding of certain segments of political and legal life. The basic principles of such are: epistemological principle (allows to know the mechanisms and patterns of interaction between politics and law, to deepen the knowledge of the existing political reality in which the right is exercised, to understand the structural and functional links of political and legal factors, the possibility of providing their feedback. ulcers); the principle of systematicity (which implies that politics and law, on the one hand, are seen as an integrity directed at common objects and, on the other, as a set of relatively independent elements whose properties and functions are determined by their place in the political or legal systems); integrative principle (focuses on the combination of political and legal approaches, which means the identification of related problems, as well as the willingness to move from one type of interpretation to another depending on social needs); the principle of alternative (associated with the possibility of developing political and legal life in different trajectories, subject to different relationships and structures); the principle of coordination of theory and practice (along with the theoretical substantiation of a particular scientific problem involves the practical assessment of available resources, human resources, regulatory framework, taking into account the positions and opinions of statesmen, identifying the priorities of the activities of various institutions and centers of influence). The application of these principles will allow to deepen and optimize the study of the same phenomena and processes not only from different angles, but also in the affinity and intricacies of interconnections and mutual influence, which is most characteristic of such important directions of social and state development, which are politics and law.

scholarly journals ARCHIVES OF CRIMINOLOGY AND FORENSIC SCIENCES AND SCIENTIFIC HERITAGE OF M. S. BOKARIUS

2020 ◽  
Vol 2 ◽  
pp. 77-86
Author(s):  
V. Fesiunіn ◽  
A. Tiapkіn
Keyword(s):  
Forensic Science ◽  
Scientific Research ◽  
The State ◽  
Theory And Practice ◽  
Forensic Sciences ◽  
Professional Activity ◽  
Scientific Heritage ◽  
Science Institute ◽  
The Status ◽  
Forensic Expert

Registration of new print media at National Scientific Centre «Hon. Prof. M. S. Bokarius Forensic Science Institute» is not accidental. Existing publications of the Ministry of Justice of Ukraine: Official Bulletin of Ukraine, Bulletin of the Ministry of Justice of Ukraine, the official collection: Systematic Collection of Current Legislation of Ukraine, the official periodical Codes of Ukraine, Theory and practice of Forensic science and Criminalistics by National Scientific Centre «Hon. Prof. M. S. Bokarius Forensic Science Institute», Criminalistics and Forensics by Kyiv Scientific Research Institute of Forensic Expertise, Interdepartmental scientific and methodological collection of the State Scientific Research Forensic Center (SSRFC) of the Ministry of Internal Affairs of Ukraine and professional scientific and practical collection: Kryminalistychnyi visnyk “concise” purpose, aspect. The system clearly lacks a periodical with regular headings and which contains official publications on public, scientific, industrial and other issues, literary and artistic works, essays, illustrations, advertising, interviews, the historical heritage of the M. S. Bokarius, famous scientist and etc. According to the State Register, there are more than 12,000 certified forensic experts in the country. The position of a forensic expert is by its nature exceptional, as it has certain features. On the one hand, the work of the expert is to conduct with the use of their specific expertise (almost unlimited range of issues: science, technology, crafts, etc.) a scientifically sound study to establish the facts that have probative value in the investigation and trial of cases with another hand, a forensic expert acquires the status of a procedural person in the provision of the conclusion and thus in his professional activity combines the status of a specialist in the relevant field of knowledge, scientist and procedural subject. The purpose of the article is to carry out a scientific search for new research papers of the scientist and to study five issues of the Archives of Criminology and Forensic Sciences published in 1926-1927.

Opinions about the Power of the People and the Powers of the State in Regulating the Constitution of Romania

2018 ◽  
Vol 24 (2) ◽  
pp. 172-177
Author(s):  
Aurelia Teodora Drăghici ◽  
Teodor Bodoașcă
Keyword(s):  
Constitutional Law ◽  
State Power ◽  
The State ◽  
The Other ◽  
Legal Doctrine ◽  
Public Authorities ◽  
The People ◽  
As If

Abstract In a perspective of a long-awaited and postponed revision of the Romanian Constitution, we consider that it is necessary to reanalyze the name of the state power, given to public authorities (legislative, executive and judicial), opposite the quality of the Romanian people's sole proprietor of power in the state. Under this aspect, the current constitution materializes an obvious normative indecision and inconsistency of terminology of the constituent Legislator.Also, in the legal doctrine of the field, although there are numerous and remarkable scientific works of constitutional law, he subject, as a rule, is bypassed, and the power of the people and the powers of the state are analyzed As if the first consecration would not exclude the other, And the recognition of the latter would not question the existence of the former

scholarly journals Islamic Pharmacy in the Mamlūk and Mongol Realms: Theory and Practice

2007 ◽  
Vol 3 (2) ◽  
pp. 265-278 ◽  
Author(s):  
Leigh Chipman
Keyword(s):  
Community Pharmacists ◽  
Silk Road ◽  
The State ◽  
Theory And Practice ◽  
Theoretical Knowledge ◽  
Islamic World ◽  
The Status ◽  
Mongol Empire ◽  
The Silk Road

This article will discuss aspects of pharmacy in the thirteenth and fourteenth centuries CE, when the central Islamic lands–which also form a central part of the Silk Road between China and Europe-were dominated by the Mamlūk Empire in Egypt and Syria, and the Mongol Īl–khāns in Iran. Exchanges of practical and theoretical knowledge occurred across the hostile frontier, but it remains ro be seen to what extent this affected the practice of community pharmacists in the Islamic world, let alone the theory used by docrors learned in the Arabic pharmacological tradition. As I have only very recently begun to study the Mongol side of things in greater depth, this article will be weighted towards the Mamluks, and I will point out areas that require further research before any definite conclusion can be reached. I will begin by discussing the state of pharmacy in Mamluk Egypt, continue to say a few words about the developments in pharmacology caused by the establishment of the Mongol Empire, and finally, discuss the status of pharmacists in hospitals under the Mongols and Mamlūks.

scholarly journals GENERAL SCIENTIFIC APPROACHES TO DEFINING THE FUNCTIONS OF THE CONSTITUTIONAL MECHANISM OF

2021 ◽  
pp. 92-103
Author(s):  
Володимир Шатіло
Keyword(s):  
Public Relations ◽  
Constitutional Law ◽  
Comparative Method ◽  
State Power ◽  
The State ◽  
Historical Method ◽  
Significant Phenomenon ◽  
Scientific Opinion ◽  
Theory Of Law ◽  
The One

The purpose of this work is to define the concept of functions of the state power constitutional mechanism through the study of doctrinal positions of function in various branches of social sciences. Methodology for the functions’ study of the state power constitutional mechanism consists of the methods of cognition, discovered and developed by philosophy, history, sociology, theory of law and state, specialized legal sciences and approved by legal practice. Thus, the role of the historical method in the analysis of the functions of the constitutional mechanism of state power, in addition to explaining the nature of origin and development, is to ensure a systematic study of the evolution of this category. The semantic method was used to clarify the meaning of the term “function”, its scientific and practical meaning, the possibility of using it in constitutional law to refer to such legal categories as “constitutional mechanism of state power”. The comparative method was applied to reveal the general in such terms as “functions”, “goals” and “tasks”. The results of the study show that the function is a kind of “a pattern”, “a standard”, “an ideal model” of the system’s work, in particular, of the constitutional mechanism of state power, and therefore, it must be, on the one hand, differentiated from the goals and tasks that face the system, and on the other hand – from the real, actual activity of its institutions (competences). When determining the functions of the constitutional mechanism of state power, it must be assumed that, firstly, the functions are the directions of influence of a certain socially significant phenomenon or circumstance on certain legal relations, and secondly, the functions are the activity of certain subjects of the constitutional mechanism of state power within the limits of the powers specified in the Constitution and laws; thirdly, functions reflect the essence of the phenomenon, its purpose and patterns of development. The theory of functions of the constitutional mechanism of state power should proceed from the social purpose of the state, its tasks and goals, the legislation of Ukraine, as well as the experience of practical activity of the state apparatus and the achievement of scientific opinion in the field of constitutional law and a number of theoretical and applied legal sciences. Actually the system of functions of the state determines the need to study the functions of the constitutional mechanism of state power, but if the functions of the state are the directions of influence on public relations, then the functions of the constitutional mechanism of state power are the directions of the state functions within the competence of individual institutions that make up the structure of the constitutional mechanism of the state power. On the basis of this research, the author comes to the conclusion that the functions of the constitutional mechanism of state power should be defined as the directions of activity of the subjects of the constitutional mechanism of state power within the competence defined in the Constitution and laws aimed at achieving the goals and tasks of the state.

scholarly journals Formation of local self-government bodies of Ukraine in soviet times

2020 ◽  
pp. 154-160
Author(s):  
Yuriy Maksimenko
Keyword(s):  
Legal Status ◽  
The State ◽  
Soviet Period ◽  
Socialist Republic ◽  
Soviet Socialist Republic ◽  
Independent State ◽  
Evolutionary Changes ◽  
The Status ◽  
Territorial Organization ◽  
State Governance

oday, as a result of the reform of decentralization and administrative-territorial organization, actually a new administrative-territorialunit is being established in Ukraine – a united community. But the basis and at the same time the reason for the joint of communitieswere first of all the most numerous local and at the same time the smallest administrative-territorial units in Ukraine – villagecouncils, inherited by Ukraine since Soviet times.Historically, the state and municipal system of modern Ukraine did not arise by itself, but was built on the “foundation” of theSoviet era, because Ukraine as an independent state is the successor of the Ukrainian Soviet Socialist Republic (USSR), which, in turn –the Ukrainian Socialist Soviet Republic (USSR), founded 100 years ago – in 1919. The smallest local authority in Soviet times and afterthe declaration of independence in Ukraine was the village council, which for a hundred years of its existence evolved from a componentof the mechanism of state governance at places to the basic level of local self-government.The article presents the result of historical and legal study of the establishment and development of the structural organization oflocal administrative bodies in Ukraine during the Soviet era on the example of village councils, their legal status, structure, main powersand tasks done by these bodies and the status of their members and officials. Village councils became the basic bodies of local managementof Soviet Ukraine and its smallest administrative-territorial units. On the basis of the organization of the activities of Sovietvillage councils with certain evolutionary changes, local self-governing bodies – village councils of independent Ukraine – still functiontoday. Investigation of formation and development of these bodies in the Soviet period of the history of the state and law of Ukrainedeserves the attention of legal science, including in the current reform of decentralization and administrative-territorial organization.

scholarly journals IMPROVEMENT OF MECHANISMS FOR IMPLEMENTING THE RESULTS OF PARLIAMENTARY CONTROL

2021 ◽  
Vol 5 (49) ◽  
pp. 5
Author(s):  
Oleh Kyryliuk
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
State Policy ◽  
Mutual Influence ◽  
State Power ◽  
State Regulation ◽  
The State ◽  
Legal Personality ◽  
Political Processes ◽  
And Control

The main objective of the study, the results of which is presented in the article, is an analysis of the content and essence of parliamentary control, which is a prerequisite for improving mechanisms for its implementation. The author has shown that the concept of parliamentarism means the presence of a division of state power to the legislative, executive and judicial, and therefore means independence and simultaneous interconnection of all branches of power. Such interconnectivity makes it possible to restrain branch branches due to mutual influence, pressure and control. The article determines that the state policy develops in a way that makes it possible to synchronously and in this case it is symmetrically involved in various branches of power to its formation, implementation and adjustment, depending on manifestations of legal reality, socio-economic reality and public-political processes in the state. The author revealed that, in democratic countries, the Parliament acts as a state policy that is responsible for state policy: taking on the legislative level of basic principles, the principles and mechanisms for implementing the state policy that rely on all the basis of all without exception social relations with the basis of public relations with the legislative level. its realization. Parliamentary control covers spheres much wider than a purely process of realization by the state executive authorities of their own powers. It is about the possibility of introducing separate forms of parliamentary control as an element of political legal personality, when the appointment of parliament officials that is part of its competence entails direct responsibility of such persons in the form of possible release due to the unsatisfactory results of the implementation of its powers or violations of legislation in the process of their the realization. In general, it can be noted that the unique combination of legislative and control functions in a representative body of state power increases the effectiveness of state regulation as a whole, since the adoption of the law means only the implementation of the establishment function by the state, and already its direct realization and enforcement of state power bodies - will provide the dynamics of the process of regulating public relationship. Instead, such an enforcement requires control not so much by the completion of the state authorities of its powers, but for the correctness of understanding the essence of the norms that are determined by the mechanisms of state regulation in the field of environmental activity.Key words: parliamentary control, execution of parliamentary control, lawmaking, state policy, central executive authorities.

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