scholarly journals Collisions in local lawmaking

2021 ◽  
pp. 56-64
Author(s):  
Yana Lenher
Keyword(s):  
Public Relations ◽  
Local Governments ◽  
Legal Regulation ◽  
Systematic Analysis ◽  
Subsequent Transformation ◽  
The Social ◽  
Depth Analysis ◽  
Local Law ◽  
Characteristic Features ◽  
Common Understanding

The study is devoted to clarifying the problem of existing collisions in local lawmaking, which allowed to substantiate the common understanding of this problem, as well as to identify new theoretical and applied conclusions and positions related to the need to resolve collisions in local lawmaking, their specifics and special characteristics. It is established that the country has adopted and operates a large number of regulations, many of which contradict each other, have internal inconsistencies and inconsistencies. Legal science and practice face the task of in-depth analysis of the causes of municipal legal collisions, finding ways to prevent and resolve them. It is pointed out that the emergence and increasing severity of conflicts in local lawmaking in most cases due to incomplete legal regulation of public relations, violation of the rules of legal technique in the adoption of local acts, insufficiently effective ways to prevent and resolve the latter. In addition, it is established that the method of settling and resolving local conflicts through the prism of legislative establishment of the priority of application of the norm and act is the most clear and effective. In the course of the research the systematic analysis of views on the collisions in law in general is carried out, the basic signs of the conflict in local law-making, its place among the specified categories in the plane are defined; analysis of the process of evolution of the social contradiction into a legal one with the subsequent transformation into a collision and a gap; legal conflict is defined as a subjective-objective phenomenon of legal reality. Among the existing large number of classifications of legal conflicts are local-legal, which are legal contradictions that arise due to subjective and objective reasons and errors in the exercise of powers to resolve the population directly and (or) through local governments, local issues, which is manifested in the adoption of regulations of local governments and their officials. Based on the analysis, the characteristic features of local-legal conflict are determined, which are detailed by the specified provisions on the connection of partial and general, manifestation in various forms and types, depending on the specifics of causes and solutions, local self-government issues of local significance and the emergence of the implementation of powers and the adoption of relevant municipal legal acts of local governments and their officials, with its own specific set of elements of the resolution mechanism.

scholarly journals Legal regulation of legal relations in the field of land accounting

2019 ◽  
Author(s):  
D. Kondratenko
Keyword(s):  
Public Relations ◽  
Local Governments ◽  
Legal Regulation ◽  
The State ◽  
Main Body ◽  
Public Authorities ◽  
Registration System ◽  
Land Registration ◽  
Land Relations ◽  
Definition Of

Problem setting. The article analyzes the issue of legal relations in the field of land accounting. The legal nature of public relations in this area has been clarified. The accounting of the quantity and quality of land is investigated. The author’s definition of legal relations in the field of land accounting is provided. The circle of subjects of these legal relations is outlined. Analysis of recent researches and publications. To date, in the scientific literature there is no comprehensive study of the legal regulation of legal relations in the field of land accounting. There are only developments devoted to certain issues of land law science. Target of research. The study of the legal regulation of legal relations arising in the field of land accounting, the allocation of subjects of these legal relations. Article’s main body Justification of the appropriateness of obtaining, systematizing all the resources available on the land plot, determining the size, quality status and distribution of the land fund, providing the necessary data about the land, studying the legal relations arising on this occasion. The basis of the land registration and registration system in Ukraine is the State Land Cadastre. It reflects the subjective information on land, which accumulates as a result of land accounting. Such information is necessary primarily for the implementation of state control over the use, reproduction and protection of land. Only a legally regulated and wellmaintained process of conducting accounting and registration activities in the field of land relations can become the key to the introduction and functioning of a transparent mechanism for the circulation of land in market conditions and an effective mechanism for managing them. In this aspect, it is important to note that it is necessary to distinguish land accounting in the proper sense and land rights accounting (as a broader category compared to the first). In the context of the land registration reform and the further process of improving the State Land Cadastre, it is necessary to talk about the formation of land information relations. Conclusions and prospects for the development. Land accounting relationships are public relations that arise in connection with the activities of public authorities and local governments, which are endowed with appropriate powers to take measures to obtain, systematize and analyze information on the quantity, territorial location and use of land. The subjects of these legal relationships are landowners and land users, the state, state authorities and local selfgovernments, who are vested with the respective powers.

scholarly journals Research of the History of Inter-Religious Relations in Ukraine in the Kyiv Theological Academy (Second Half of the 19th – Beginning of the 20th Century)

2021 ◽  
Vol 8 ◽  
pp. 60-79
Author(s):  
Luidmila Pastushenko
Keyword(s):  
20Th Century ◽  
19Th Century ◽  
Legal Aspects ◽  
Systematic Analysis ◽  
Literary Traditions ◽  
The Social ◽  
Academic Researchers ◽  
History Of ◽  
Characteristic Features ◽  
The 19Th Century

The article presents the first attempt of a complete and systematic analysis of historic and theological publications of teachers and pupils of the Kyiv Theological Academy in the second half of the 19th – beginning of 20th century in the field of studying the history of relations of Catholicism and Protestantism with Orthodox on the Ukrainian lands. The specifics of Kyiv academic historians studies was determined by the social and-political circumstances in the middle of the 19th century and denoted by an attempt to comprehend this issue in the perspective of the history of interconfessional relations of two Western Christian traditions with the eastern tradition of Orthodoxy in the historical gap of the 16th – 17th centuries – the period of the largest confrontation in confessional relations in Ukraine. The author clarifies the characteristic features of researching the question of inter-confessional interaction in the 15th – 17th centuries, which are expressed in attempts to describe the coexistence of three denominations as multidimensional and provoking а variety of different interpretations. Historical studies present the attempt to show confessional interaction in the political and legal aspects and to provide historical interpretations to the ground of philosophy of history. The article proves the tendency of Kyiv academic researchers to move away from the established Russian historiography of the 19th century view at confessional relations in Ukraine through the prism of hard confrontation and outline in religious life Ukraine conditions and circumstances of inter-confessional dialogue. Also, historians in their studies repeatedly note the significant educational and outlook influence of Western Christian denominations on the formation of educational, cultural, theological, literary traditions in Ukraine.

scholarly journals The sphere of land relations as a component of administrative and legal regulation subject

1970 ◽  
pp. 283-289
Author(s):  
Vladyslav Zalievskyi
Keyword(s):  
Public Relations ◽  
Local Governments ◽  
Legal Status ◽  
Great Part ◽  
Legal Regulation ◽  
Administrative Law ◽  
Point Of View ◽  
Land Relations ◽  
Private And Public ◽  
The Subject

The author’s approach to defining the range of land-related and ground-related phenomena based on administrative law is proposed in the article. The availability of subject authority power relations in the structure and the fulfillment of relevant functions is the main criterion for the separation of such relations. The expediency of using the term “sphere of land relations” as those arising in connection with the exercise of power by the executive authorities and bodies of local self-government is validated and the subject of the relations is land, ground area, rights to them, as well as objects and subjects derived from them. Land relations are one of the largest in volume masses regulated by the norms of public relations law where an absolute majority of both private and public entities are involved. However, due to the diversity of such entities and differences in their legal status, the legal regulation of land relations uses the methods inherent in both civil and administrative law. In addition, in terms of the land law the existence of its own legal regulation method is emphasized. A great deal of research has been devoted to the issues of administrative and legal regulation of land relations, in particular by such scientists as E. Gladkova, M. Kovalsky, V. Pakhomov, M. Shulga, O. Nevmerzhitsky, D. Busuyok and others. Relevant papers from the administrative law point of view emphasize that a great part of the relations which have the subject of land and the phenomena connected with the ground are covered by the subject of administrative law. The aim of this article is to determine the range boundaries of land-related and ground-related phenomena that are regulated by administrative law. Taking into account the normative definition peculiarities of the “land relations” concept content in order to make scientific research, it is more correct to use the term “administrative and legal regulation in the field of land relations” in comparison with the term “administrative and legal regulation of land relations”. The term “sphere of land relations”, in our opinion, should be understood as a set of relations, which in addition to land includes relations arising in connection with the exercise of power by executive authorities and local governments and the subject of these relations is land, ground area, rights to them, and subjects and objects derived from them.

scholarly journals Delegation of State Powers to Local Self-Government Bodies: Foreign Experience and Ukrainian Realities

2019 ◽  
Vol 9 (3) ◽  
pp. 262-285
Author(s):  
Svitlana Serohina ◽  
Iryna Bodrova ◽  
Anna Novak
Keyword(s):  
Local Governments ◽  
Comparative Research ◽  
Scientific Research ◽  
Legal Regulation ◽  
The State ◽  
Logical Analysis ◽  
Foreign Experience ◽  
Depth Analysis ◽  
European Standards ◽  
Delegation Of Powers

AbstractThis article is devoted to the study of the problems of the delegation of state powers to local self-government bodies. The paper reveals the pluralism of approaches to the organization of models of such interaction in the countries where various doctrines of the organization and functioning of local self-government prevail (the state-oriented doctrine, the community-oriented doctrine, and the doctrine of municipal dualism). Using the example of various European states (grouped on the basis of the prevailing doctrines presented above for convenience), we reveal specific schemes for the legal regulation of interaction within such relations, their positive features, and drawbacks. The obtained data presented in a compressed form in the paper also features an in-depth analysis of the constitutional and legal regulation of the delegation of state powers to local governments in Ukraine. An important element of the novelty of the study was the projection of modern Ukrainian problems in the field of delegated powers through the prism of the existing European systems and relevant experience, thereby complementing this study with a comparative dimension.Conclusions made by the authors feature a set of recommendations based on the conducted comparative research and on formal and logical analysis of compliance of the domestic model of the delegation of powers with the provisions of the European Charter of Local Self-Government. Taking into account the fact that European standards in the sphere of the delegation of powers (depends on the adoption of amendments to the Constitution of Ukraine and the Law ‘On delegation of separate powers of executive authorities to local self-government bodies’) are not yet implemented in Ukraine, we believe that this research will not only be useful in the context of theoretical and scientific research of the issue but also has the potential to contribute to the development and implementation of relevant legislation.

scholarly journals Die Epistemologie der Ausnahme

2017 ◽  
Vol Humanities and social... (Articles) ◽  
Author(s):  
Ivan Ermakoff
Keyword(s):  
Historical Sociology ◽  
Systematic Analysis ◽  
Comparative Historical Sociology ◽  
Relational Patterns ◽  
The Social ◽  
History Of ◽  
Normative Expectations ◽  
International Audience ◽  
Standard Classification ◽  
Characteristic Features

International audience Außergewöhnliche Situationen werden meist als untypisch, komisch und selten dargestellt. Womit lässt sich dann aber ihre systematische Untersuchung rechtfertigen? Ausgehend von der Differenzierung zwischen Abweichungen, Ausnahmen und Sonderfällen, hebt dieser Beitrag drei epistemische Beiträge außergewöhnlicher Fälle hervor. Erstens verdeutlichen außergewöhnliche Fälle die Grenzen von Kategorien und Klassifizierungen. Ihr Beitrag ist kritisch. Zweitens verweisen außergewöhnliche Fälle auf neue Gegenstandsmodelle. Sie erhalten einen paradigmatischen Rang durch das Aufzeigen spezifischer Charakteristika dieser neuen Modelle. Drittens verdeutlichen außergewöhnliche Fälle Beziehungsmodelle, die in gewöhnlicheren Zusammenhängen unsichtbar bleiben. Ihr Beitrag ist hier heuristisch. Diese drei Beiträge sind möglich, wenn wir unsere normativen Verhaltensweisen bezüglich des Vorhersehbaren aufheben und die Fälle in Beziehung zu einem analytischen Raum konstitutiver Dimensionen setzen. Der Beitrag fußt hauptsächlich auf Beispielen aus den Sozialwissenschaften: Organisationssoziologie, Ethnomethodologie, vergleichende Geschichtssoziologie und Wissenschaftsgeschichte Exceptional cases are at odds with the typical : they stand out as bizarre and rare. What then could justify their systematic analysis? Elaborating the analytical distinction between anomalies, exceptions and outliers, this paper outlines three potential epistemic contributions of exceptional cases. First, exceptional cases reveal the limits of standard classification categories. In so doing, they problematize usual classificatory grids. Their input is critical. Second, exceptional cases point to new classes of objects. They acquire paradigmatic status when they exemplify the characteristic features of these new classes with utmost clarity. Third, exceptional cases magnify relational patterns that in more mundane contexts lack visibility. Here their contribution is heuristic. These three contributions become possible when we put at bay normative expectations of what should happen, and specify cases by reference to an analytical space of constitutive dimensions. To underscore the general significance of these observations, I draw on examples borrowed from different quarters of the social sciences: the sociology of organizations, ethnomethodology, comparative historical sociology and the history of science Cet article éclaire trois contributions possibles du cas d’exception défini comme tout objet de considération qui se démarque et se distingue d’un cadre normatif, d’une thèse explicative ou d’une distribution fréquentielle. La contribution est critique lorsque le cas met en doute les fondements d’une taxonomie, le bien-fondé d’un énoncé prédictif ou celui d’une modélisation. Elle est paradigmatique dès lors que le cas exemplifie un ensemble de propriétés caractéristiques d’une classe empirique. Elle devient heuristique à partir du moment où le cas rend visible la logique de rapports restés jusqu’alors non documentés

scholarly journals SUDEBNIK 1589: FEATURES OF THE LEGAL REGULATION OF PEASANT LAND OWNERSHIP AND LAND USE IN NORTH-WESTERN RUSSIA

2021 ◽  
pp. 136-139
Author(s):  
N.V. Parshina ◽  
A.A. Chuprova
Keyword(s):  
Land Use ◽  
Public Relations ◽  
Legal Regulation ◽  
Land Ownership ◽  
The North ◽  
The Social ◽  
Central Regions ◽  
Land Relations ◽  
North Western ◽  
Regions Of Russia

The article is devoted to the legal review of the monument of law of the last quarter of the XVI century – the Sudebnik of 1589, namely, its norms on peasant land ownership and land use. The article analyzes the legislative regulation of land relations in the north-western lands of Russia with the help of historical-legal and comparative-legal methods. To summarize the results of the study, the authors also considered the norms of the Judicial Code of 1550, which regulate the above-mentioned circle of public relations, but are applied in the central regions of Russia, where serfdom existed and actively developed. The comparative characteristics of the legal regulation of land relations among the peasantry in these legal monuments allow us to assert the interdependence of the rights of the Russian landowner on the territorial factor. The authors come to the conclusion that the peculiarity of the legal regulation of land relations in the Judicial Code of 1589 was interconnected and mutually conditioned by the specifics of the social and social structure of Pomerania, on the territory of which its norms were distributed, and where, unlike the central regions of the Moscow Kingdom, the peasant population lived free from serfdom.

scholarly journals ESSENCE OF SOCIAL INSURANCE, ITS ROLE AND PLACE IN THE SYSTEM OF SOCIAL PROTECTION OF THE POPULATION

THE BULLETIN ◽  
2021 ◽  
Vol 2 (390) ◽  
pp. 198-203
Author(s):  
G. B. Akhmetzhanova ◽  
N. M. Mussabekova ◽  
T. E. Voronova ◽  
B. Amangul ◽  
R. V. Grigorieva ◽  
...  
Keyword(s):  
Public Relations ◽  
Social Insurance ◽  
Social Protection ◽  
Private Property ◽  
Legal Regulation ◽  
The State ◽  
Vulnerable Groups ◽  
The Social ◽  
The Creation ◽  
The Individual

This article discusses the formation of the social protection system in the Republic of Kazakhstan and its component such as social insurance, the place and role of the Head of State - the Leader of the Nation in the implementation of these reforms in Kazakhstan. The essence, goals, principles of social insurance were determined in this article. The points of view of the scientists and experts were studied. The interpretation of the social insurance, comparative analysis of the concepts of social security, social assistance, benefits and compensation was researched. The state could not stay out of this complex process and began to actively participate in it. Moreover, this participation has been carried out in two directions. The first is the creation of the state insurance system, which either protects the states’, mainly property interests, or protects certain socially vulnerable groups of the population. The second is the creation of the mechanism for legal regulation of insurance relations as the special group of the public relations. In the legislation of any country extensive block called legislation on insurance. In the market economy, based on the private property, the main driver of insurance is the desire of the owner to protect his property. At the same time, the growth of welfare causes the individual to take care of himself, which expands the scope of personal insurance.

Legal features of the provision of social support measures in the context of digital platforms introduction into public administration: Russian and foreign experience

2021 ◽  
pp. 199-213
Author(s):  
Vladimir V. Bulgakov ◽  
Aleksandra A. Brosalina
Keyword(s):  
Social Support ◽  
Public Relations ◽  
Public Administration ◽  
Social Services ◽  
Legal Regulation ◽  
Digital Platforms ◽  
Foreign Experience ◽  
Legal Method ◽  
Support Measures ◽  
The Social

The relevance of the work theme is due to the high importance of public relations in the field of state social policy. The ongoing digitalization of public administration as a global trend also affects the sphere of social support, which causes the transformation of social services provided by the state, the modernization of the process of interaction between power struc-tures and the population through the use of digital platforms. The purpose of the research is to consider certain legal and organizational features of this process realization in Russia and foreign countries. The methodological basis of the research includes dialectical method, which allowed us to examine digitalization and the social sphere of public administration as influencing each other and dynamically developing phenomena; analysis and synthesis, through which the main features of the digital transformation of public ser-vices are characterized; the comparative legal method, through which the approaches to the organization and regulation of the process of introducing digital platforms in the process of providing of social support measures are considered. In the course of studying this topic, we pay special attention to the formal legal method in order to describe and explain the legal regulation of the social security sphere, as well as the digitalization of public admini-stration. Based on the conducted research and taking into account foreign experience, we conclude that the need for further modernization of the social s system in Russia in the conditions of digitalization in part of solving the identified organizational and legal issues.

Coordination and Trust in Public Relations with Local Governments

2020 ◽  
Vol 9 (1) ◽  
pp. 92-99
Author(s):  
M. Luk'yanova ◽  
Ya. Makzhanova
Keyword(s):  
Social Capital ◽  
Comparative Analysis ◽  
Public Relations ◽  
Public Administration ◽  
Local Governments ◽  
Local Level ◽  
Developed Countries ◽  
Strategic Development ◽  
Legal Provisions ◽  
The Social

The theory of organizational culture by G. Hofstede, the section of individualismcollectivism is defined as interdisciplinary foundations. The autonomy and independence of local self-government, contained in Russian and European legal provisions, is not the norm, it has been proven to increase the level and is an element of the social capital of developed countries. In this model, elements of public administration at the local level, their interaction and influence on the final result of the activities of local authorities are proposed. The category elements included in the model were obtained by the method of comparative analysis with the identification of differences in local government systems in the process of their strategic development.

scholarly journals Actual directions of development of local self­government in the Republic of Belarus in the context of the European charter of local self­government

2020 ◽  
Vol 65 (3) ◽  
pp. 355-366
Author(s):  
G. A. Vasilevich
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Local Governments ◽  
Legal Regulation ◽  
Modern State ◽  
Dual Nature ◽  
National Legislation ◽  
Democratic State ◽  
The Republic ◽  
Local Representative

The article analyzes the views of scientists on the development of local self­government, as well as legislation and law enforcement practice in this area. The importance of local self­government for the formation ofBelarusas a democratic state is emphasized. Data on the number of persons elected to local representative bodies, as well as those participa­ ting in the work of territorial public self­government bodies, are given. The position is justified according to which collegial bodies that have a dual nature (Councils of Deputies) function in the system of local self­government bodies. They exercise authority on behalf of the state and at the same time are local governments. It is emphasized that the national legislation of any modern state is influenced by the norms of international documents, foreign experience, the study of which allows us to compare the level of development of public relations and their legal regulation, to identify potential and prospects. In this regard, considerable attention is paid to a comparative analysis of the provisions of Belarusian legislation and the European Charter of Local Self­Government. It is concluded that the European Charter has a significant potential for improving national legislation. Particular attention should be paid to the financial and economic system of local governments. A number of proposals have been made to improve legislation.

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