scholarly journals Constitutional and legal principles of status of person: some aspects

2021 ◽  
pp. 11-15
Author(s):  
D.M. Byelov ◽  
M.V. Hromovchuk
Keyword(s):  
Biological System ◽  
Constitutional Law ◽  
Legal Status ◽  
Living Organism ◽  
The State ◽  
Moral Life ◽  
Special Role ◽  
Legal Principles ◽  
Rule Model ◽  
Almost All

The article is devoted to the analysis of scientific approaches to determining the constitutional and legal status of a person. The specifics of the norm of the constitutional law of Ukraine in the context of enshrining in it the basic provisions of the constitutional and legal status of a person and a citizen are revealed. It is determined that the primary and one of the most important elements of the system of constitutional law of Ukraine is the constitutional law (from the Latin norma - rule, model). The norms of constitutional law as components of the system of constitutional law of Ukraine in their entirety reflect the essence and content of this branch of law. Given this, they are sometimes compared with cells, as the basis of any living organism, biological system. The content of the legal status of man is determined by all the norms and relations governed by them that arise between the state and man in connection with its actual place in the socio-economic, political and spiritual-moral life of our society. These relations are very diverse, they cover various aspects of life and therefore are governed by the rules of not one, but almost all branches of law. At the same time, constitutional norms play a special role here. Due to their general regulatory nature, they outline the position of citizens not in any one area of activity, but in its main areas. At the same time, they establish only the most essential, fundamental relations between the state and its citizens in connection with their place in the management of public and state affairs, leaving detailed regulation of such relations to the norms of other industries.

scholarly journals Constitutional and legal status of man and citizen: certain issues of the theory of constitutionalism

2020 ◽  
pp. 74-77
Author(s):  
Dmitro Byelov
Keyword(s):  
Constitutional Law ◽  
Legal Status ◽  
Living Organism ◽  
The State ◽  
Moral Life ◽  
Special Role ◽  
Rule Model ◽  
Almost All

The article is devoted to the analysis of scientific approaches to determining the constitutional and legal status of a person. Thespecifics of the norm of the constitutional law of Ukraine in the context of enshrining in it the basic provisions of the constitutional andlegal status of a person and a citizen are revealed.It is determined that the primary and one of the most important elements of the system of constitutional law of Ukraine is theconstitutional law (from the Latin norma – rule, model). The norms of constitutional law as components of the system of constitutionallaw of Ukraine in their entirety reflect the essence and content of this branch of law. Given this, they are sometimes compared withcells, as the basis of any living organism, biological system.The content of the legal status of man is determined by all the norms and relations governed by them that arise between the stateand man in connection with its actual place in the socio-economic, political and spiritual-moral life of our society. These relations arevery diverse, they cover various aspects of life and therefore are governed by the rules of not one, but almost all branches of law.At the same time, constitutional norms play a special role here. Due to their general regulatory nature, they outline the positionof citizens not in any one area of activity, but in its main areas. At the same time, they establish only the most essential, fundamentalrelations between the state and its citizens in connection with their place in the management of public and state affairs, leaving detailedregulation of such relations to the norms of other industries.

Constitutional law of foreign countries

2021 ◽  
Author(s):  
Marat Baglay
Keyword(s):  
Great Britain ◽  
Constitutional Law ◽  
Legal Status ◽  
The State ◽  
Comprehensive Understanding ◽  
Law Schools ◽  
Foreign Countries ◽  
The Usa ◽  
Basic Concepts ◽  
The Individual

The fifth, significantly revised edition of the textbook highlights the basic concepts and institutions of foreign constitutional law, reveals its subject, system, sources. The issues of the legal status of the individual, forms of the state, local self-government, etc. are comprehensively analyzed. In the interests of a more in-depth and integral, comprehensive understanding of the state system of the leading countries, the textbook includes chapters on the USA, Great Britain, France, Germany, Italy, Spain, the Nordic countries, Japan, China, India, the Arab states, the EAEU countries, Uzbekistan. Special chapters contain regional reviews of the main constitutional and legal institutions. For students, postgraduates and teachers of law schools and faculties.

scholarly journals Current Issues of Normo-designing of the Legal Status OF Human and Citizen in the Constitutional Law of Ukraine: to the Formation of the Procedure and Stage Paradigm

2020 ◽  
pp. 123-129
Author(s):  
Borys Kofman
Keyword(s):  
Constitutional Law ◽  
Legal Status ◽  
The State ◽  
Constitutional Rights ◽  
Ruling Class ◽  
Qualitative Level ◽  
Historical Retrospect ◽  
The Government ◽  
The Individual ◽  
The Relationship

Topical issues of the processes of forming the paradigm of procedural and stage support of norm-designing of legal status of aperson and a citizen in the constitutional law of Ukraine are investigated, and considerations regarding their normative-technologicaldecision, support and provision are given.It is stated that the search for optimal models of the relationship between the state and the individual has always been a difficultproblem, but at the heart of its positive solution is a high and qualitative level of standard-project activity in the sphere of normative(legislative) maintenance of the constitutional and legal status of a person (individual) and citizen. Analyzing the formation and development of such a constitutional-legal status in different states in historical retrospect, it isnecessary to pay close attention to its evolutionary-dynamic character – the amount of rights and freedoms that the state gave its citizensvaried precisely in the dependence and understanding of its chronological development, – optimal models were crucially dependent onthe nature of society, type of property, democracy, development of economy, culture and other objective conditions, but they were alsolargely determined by the government, the law, s, the ruling class, that is, subjective factors.In the process of finding models of the relationship of the state with the person (personality), the main difficulties were not onlythe establishment of such systems and order, in which the personality would be able to freely develop their potential (abilities, talent,intelligence), and national goals – the fact that unites all – would be acknowledged and respected, and the relevant technologically-formalizedaspects of the activities of authorized persons for normalization, normalization, formulation, formalization, legalization, implementationand guarantee of implementation of normative guidelines that contain constitutional rights, freedoms and responsibilities ofthe individual (individual) and citizen – they arise in the process of norm-making (law-making), an important part of which is the normprojectactivity in the sphere of formation and development of such constitutional-legal status.It is proved that in the process of defining the architectonics (structure) of the legal status of a person and a citizen, which is thecore of the normative expression of the basic principles of the relationship between the person and the state – in order to carry out normoprojectiveactivity in the field of expertise we face a number of difficulties of a definitive, methodological, ontological, ontologicaland a praxeological property that is directly relevant to the norm-design and find their solution in the process of such activity and itsresults, because the profile status is obtained from OE expression of the rights, freedoms and duties of man.

scholarly journals Interpretation of law as a form of implementation of the constitutional and legal policy of the state

2021 ◽  
pp. 323-328
Author(s):  
V. M. Ternavska
Keyword(s):  
Constitutional Law ◽  
The State ◽  
Special Role ◽  
Legal Interpretation ◽  
Legal Doctrine ◽  
Legal Policy ◽  
Legal Norms ◽  
Legal Obligations ◽  
Legal Communication ◽  
Definition Of

The interpretation of law plays a special role in the process of legal communication. Subjects of law, entering into legal relations of a certain type, interpret the content of legal norms already at the subconscious level with the aim of better satisfying their subjective rights, realization of legitimate interests and the proper implementation of legal obligations. The rule of law has general and abstract character that permit to cover a large number of specific situations, but which always differ in their individuality, their personalized nature. Taking into account this, as well as the existing shortcomings of the rule-making process, such as the presence of the vast majority of blanket and reference norms in constitutional law and non-compliance with the rules of legal technique, resulting in difficulty of expression or lack of normative definition of special legal terms, there is a need for interpretation of legal acts. The article is devoted to determining the nature of the interpretation of law and its role in the implementation of the constitutional and legal policy of the state. Various methodological aspects of the concept of legal interpretation and techniques of interpretation of law, as well as the criteria of truth and correctness of interpretation of law in the process of learning the content of legal norms are studied. The ratio of the categories «legal interpretive policy» and «legal interpretive form of legal policy implementation» is analyzed. It is concluded that the state-authorized subjects of legal interpretation, based on legal doctrine, form a legal interpretive policy aimed at developing a strategy and tactics for unification of legal ideas on adequate and uniform understanding and application of norms of the Constitution of Ukraine and other legal acts by all subjects of constitutional law. The means of achieving the goals of legal interpretive policy and fulfilling its tasks are legal doctrine, legal interpretation technique, interpretive practice, information resources and legal interpretative acts. Legal interpretive policy gives grounds to single out legal interpretation as an independent form of implementation of constitutional and legal policy along with law enforcement form, which is important for proper protection of human rights and freedoms, development of civil society and principles of sovereignability of the Ukrainian state on the basis of their equal understanding and application. Keywords: interpretation of law, legal interpretative acts, legal interpretive technique, constitutional and legal policy, legal interpretive policy.

1. Constitutional Law in the United Kingdom

2017 ◽  
Author(s):  
Brian Thompson ◽  
Michael Gordon
Keyword(s):  
United Kingdom ◽  
Constitutional Law ◽  
Separation Of Powers ◽  
The State ◽  
Specific Nature ◽  
Legal Principles ◽  
The United Kingdom ◽  
Wide Range ◽  
Responsible Government ◽  
Key Concepts

Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter introduces the idea of a constitution, analyses its various definitions and characteristics, and explores the specific nature of the UK's constitutional arrangements. It then examines the key concepts of legitimacy, democracy, legal and political constitutionalism, the conditioning of power (via the principles of the separation of powers and responsible government), and the state.

scholarly journals ANTHROPOLOGIZATION AND ANTHROPOCENTRISM IN CONSTITUTIONAL LAW AS A BASIC TREND OF DEVELOPMENT AND IMPROVEMENT OF THE CONSTITUTIONAL LEGAL STATUS OF PERSON, PERSONALITY AND CITIZEN

2021 ◽  
Vol 2 (5) ◽  
pp. 75-93
Author(s):  
I.I. Boychenko ◽  
V. V. Humeniuk ◽  
V. О. Boyarsky
Keyword(s):  
Public Administration ◽  
Constitutional Law ◽  
Legal Status ◽  
Local Level ◽  
The State ◽  
Real Relationship ◽  
Level Of Functioning ◽  
Methodological Approaches ◽  
Relationship Of ◽  
Rule Making

The article examines the trends of anthropologization and anthropocentrism in constitutional law, which act as a fundamental trend in the development and improvement of the constitutional and legal status of man, individual and citizen. Emphasis is placed on the importance of these trends through their assistance to the state in meeting the intentions, aspirations, needs, interests, attitudes of man, manifested at the local level of functioning of state-organized society, within the territorial community, in local government and in everyday life through establishment, development and improvement of the constitutional and legal status of a person (individual) and a citizen. It is argued that in the process of implementing the trends of anthropologization and anthropocentrism in constitutional law, the state applies a number of methodological approaches to man (personality) through the development, formation, legalization, application, protection, protection, guarantee and implementation of its constitutional status, namely: a) the constitutional and legal status of a person (individual) and a citizen organically passes into the municipal legal status of a person (individual) and is realized through the phenomenology of municipal human rights; b) an individual approach to each person (personality) that exists and functions in the territory of the state is possible in the praxeological sense – only under conditions of public self-government (municipal) power and the application of municipal legal status of a person (individual); c) the adjustment of public administration and state rule-making should take into account the above paradigmatic guidelines. It is proved that the basis of these trends in constitutional law is the philosophical maxim "man is the measure of all things", which is transformed into a paradigm of management and rule-making activities of the state through the establishment of appropriate constitutional status of man (person) and citizen (including other legal states), foreignness, statelessness, refugees, etc.), which determines the essential aspects of human- state interaction, as well as demonstrates the real relationship of the state to man.

The 1991 constitution of independent Transnistria

2018 ◽  
pp. 132-146
Author(s):  
Viktoria Serzhanova
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
Legal Status ◽  
The State ◽  
The Political ◽  
Autonomous Region ◽  
Political Reality ◽  
Basic Law ◽  
The Subject ◽  
The One

The legal status of the Pridnestrovian Moldavian Republic, which declared its independence in 1990, since that time has unchangingly remained ambiguous. The state has factually existed for almost thirty years so far, although it has not hitherto been recognised by any member of the international community. Its status from the constitutional law viewpoint is contradictory to the one analysed in the light of the international law, according to which Transnistria still formally remains a Moldavian autonomous region of a special status. This paper, being a part of the wider research carried out over Transnistria’s legal status, aims at establishing its primary political system’s grounds. Therefore, it comprises the analysis of the origin and development of Transnistrian first independent basic law, which appeared to be the foundation of the abovementioned solutions. The paper undertakes an attempt to not only analyse, but also evaluate the political system’s primary principles and development of Transnistria as a newly created state in the first years of its functioning. The subject of the work is particularly focused on the shape and content of the first constitution of Transnistria of 1991, which bound during the first four years of the state’s independence till the presently binding constitution of 1995 entered into force, along with observing of how its functioning in practice shaped the constitutional and political reality.

scholarly journals CIVIL SOCIETY AS A SCIENTIFIC CATEGORY AND THE SUBJECT OF LEGAL RESEARCH

2020 ◽  
Vol 1 (9) ◽  
pp. 4-8
Author(s):  
Liliia Riabovol ◽  
Keyword(s):  
Civil Society ◽  
Local Governments ◽  
The State ◽  
Special Role ◽  
Social Purpose ◽  
Cultural Aspects ◽  
Close Relationship ◽  
Legitimate Interests ◽  
State And Local ◽  
Almost All

The article emphasizes that the importance of civic initiatives in addressing various issues in almost all spheres of life and activity of domestic society and the state is constantly growing, and therefore, the issue of civil society continues to attract scientific interest. The purpose of the article is to determine the peculiarity of the scientific category «civil society»; summarize the results of scientific research on the essential features, structure and social purpose of civil society. It is established that civil society is a complex category, the essence of which is manifested in economic, social, sociological, political, legal, moral, national and other aspects. The essential features of this phenomenon are: its structure by types of relations and public institutions; independence and at the same time close relationship with the state on the basis of delimitation of competencies; recognition as the highest value of man, his rights, freedoms and legitimate interests; recognition of such principles of functioning as: equality and protection of all forms of ownership, freedom in choosing the forms of implementation and types of business activities, political and ideological pluralism, etc. The article systematizes the features of civil society, so, civil society is: a set of individuals who are free in economic, political, social, cultural aspects; an open social system, which is formed and functions under the influence of various factors, among which the state plays a special role; complex structured system based on universal and democratic values. Civil society allows to integrate a particular society, is a way and form of its self-organization and self-expression, acts as a guarantor of inviolability of rights, freedoms and legitimate interests of man and citizens, helps protect them in case of violation by state and local governments, generally promotes democratic institutions. what is the social purpose of civil society.

scholarly journals Perubahan Model Ancaman Terorisme Ditinjau dalam Hukum Tata Negara di Indonesia

2021 ◽  
Vol 7 (3) ◽  
pp. 251
Author(s):  
Arief Fahmi Lubis
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Constitutional Law ◽  
The State ◽  
Military Operations ◽  
State Security ◽  
The World ◽  
Concrete Action ◽  
Descriptive Approach ◽  
Almost All

Tindak kejahatan yang mencuat ke permukaan telah dirasakan dan semakin multidimensional. Hal ini sering terjadi hampir di seluruh negara-negara belahan dunia terutama aksi kejahatan terorisme. Keamanan negara lebih banyak berperan penting dalam penanggulangan tindak pidana terorisme ini. Perubahan model ancaman terorisme merupakan permasalahan yang perlu segera tindakan konkret dari negara. Kebijakan negara mengeluarkan Undang-undang No. 5 tahun 2018 tentang Pemberantasan tindak pidana terorisme. Permasalahan penelitian ini adalah apabila ditinjau dari Hukum Tata Negara di Indonesia, pemberantasan Tindak pidana terorisme dibagi dalam 2 (dua) bentuk yaitu penegakan hukum dan operasi militer. Penelitian kualitatif menggunakan pendekatan deskriptif untuk menghimpun data secara sistematis, faktual, dan cepat sesuai dengan gambaran saat dilakukan penelitian. Hasil penelitian ini menunjukan bahwa terorisme bukan lagi merupakan kriminal biasa karena memiliki motif politik dan ideologi yang mengganggu Keamanan Nasional, bahkan kedaulatan serta bentuk negara sehingga pemberantasan tindak pidana terorisme dibagi dalam 2 (dua) bentuk yaitu penegakan hukum dan operasi militer. Crimes that have surfaced have been felt and are increasingly multidimensional. This often happens in almost all countries around the world, especially acts of terrorism. State security plays an important role in overcoming this criminal act of terrorism. The change in the model of the threat of terrorism is a problem that requires immediate concrete action from the state. State policy issued Law no. 5 of 2018 concerning the Eradication of Criminal Acts of Terrorism. The problem of this research is that when viewed from the constitutional law in Indonesia, the eradication of criminal acts of terrorism is divided into 2 (two) forms, namely law enforcement and military operations. Qualitative research uses a descriptive approach to collect data systematically, factually, and quickly according to the description when the research is carried out. The results of this study indicate that terrorism is no longer an ordinary crime because it has political and ideological motives that interfere with National Security, even sovereignty and the form of the state so that the eradication of the Crime of Terrorism is divided into 2 (two) forms, namely law enforcement and military operations.  

Analysis of geodetic and legal documentation in the process of expropriation for roads. Krakow case study

2013 ◽  
Vol 62 (1) ◽  
pp. 67-84
Author(s):  
Anna Trembecka
Keyword(s):  
Local Government ◽  
Legal Status ◽  
The State ◽  
Property Value ◽  
Real Property ◽  
Construction Design ◽  
Special Rules ◽  
The City

Abstract Amendment to the Act on special rules of preparation and implementation of investment in public roads resulted in an accelerated mode of acquisition of land for the development of roads. The decision to authorize the execution of road investment issued on its basis has several effects, i.e. determines the location of a road, approves surveying division, approves construction design and also results in acquisition of a real property by virtue of law by the State Treasury or local government unit, among others. The conducted study revealed that over 3 years, in this mode, the city of Krakow has acquired 31 hectares of land intended for the implementation of road investments. Compensation is determined in separate proceedings based on an appraisal study estimating property value, often at a distant time after the loss of land by the owner. One reason for the lengthy compensation proceedings is challenging the proposed amount of compensation, unregulated legal status of the property as well as imprecise legislation. It is important to properly develop geodetic and legal documentation which accompanies the application for issuance of the decision and is also used in compensation proceedings.

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