LEGAL MECHANISM AS THE BASIS OF ORGANIZATIONAL AND ECONOMIC MECHANISMS OF COORDINATION OF INTERESTS OF THE STATE AND TERRITORIAL COMMUNITIES IN UKRAINE

2017 ◽  
Author(s):  
Sergii Gryshko ◽  
Keyword(s):  
Local Governments ◽  
Scientific Publication ◽  
Legal Regulation ◽  
The State ◽  
Local State ◽  
Theoretical Substantiation ◽  
Organizational Mechanism ◽  
The Status ◽  
Economic Mechanisms ◽  
Legal Mechanism

The article is devoted to the theoretical substantiation of the conditionality of organizational and economic mechanisms of coordination of interests of the state and territorial communities by the legal mechanism. Based on the analysis of scientific approaches to the concept and classification of mechanisms of public administration in general, the author proposes to ensure the coordination of the interests of the state and territorial communitiesin Ukraine through legal, organizational and economic mechanisms. The scientific publication reveals the content of the legal mechanism for reconciling the interests of the state and territorial communities through such elements as forms and methods of legal regulation. Among the forms of legal regulation of coordination of interests of the state and territorial communities in Ukraine, attention is focused on the Constitution of Ukraine, international acts ratified by the Parliament of Ukraine, competent, general, and sectoral laws of Ukraine, resolutions of the Cabinet of Ministers of Ukraine, and regulations of central and local executive bodies, local self- government bodies, the subject of regulation of which is the status of local state administrations and local self-government bodies, as well as the nature of relations between them. The methods of legal regulation include and characterize the permits, instructions, and prohibitions established for legislative acts, established for local state administrations and local self-government bodies. Taking into account the analysis of forms and methods of legal regulation of coordination of interests of the state and territorial communities in Ukraine, it is set that due to them the organizational and economic mechanisms of coordination of interests arise and are realized. In particular, with regard to the organizational mechanism, the legal mechanism creates such organizational elements as organizational entities, which are local state administrations, local governments, advisory, consultative and other bodies, as well as organizational actions, in particular, conciliation procedures, and for economic determines economic resources such as the order of formation and amounts of budget funds, objects ofstate and communal property rights.

scholarly journals PROFIT AS A STRATEGIC TOOL FOR THE DEVELOPMENT OF YOUTH ENTREPRENEURSHIP IN THE TOURISM BUSINESS

2020 ◽  
Author(s):  
Lyudmila Aleshchenko ◽  
Keyword(s):  
Local Governments ◽  
Action Plan ◽  
State Regulation ◽  
Tourism Industry ◽  
The State ◽  
Economic Mechanism ◽  
Organizational Mechanism ◽  
Youth Entrepreneurship ◽  
Legal Mechanism ◽  
Implementation Of The Strategy

The article substantiates profit as a strategic tool for the development of youth entrepreneurship in the field of tourism. It is established that in order to realize the socio-economic role of the subjects of the tourism industry to create an effective economic mechanism at the level of regions and the state, it is necessary to ensure the profitability of activities. Because profits should be the main source of funding for the development and current operations of tourism entities. In order to achieve the goals of the Strategy within the framework of the identified priority areas, it is necessary to ensure effective interaction of legal, organizational, economic and financial mechanisms of state regulation of the development of tourism and resorts. The legal mechanism is focused on the observance by the participants of the Strategy implementation process of the principles of constitutionality, legality and transparency. The main instruments of the legal mechanism should be normative legal acts of state authorities and local self-government bodies. The organizational mechanism is aimed at ensuring the principles of partnership and cooperation between the executive authorities and local governments, representatives of business and scientific circles, public organizations. A clear definition of tasks for the participants in the implementation of the Strategy will allow distributing the responsibility for decision-making and their implementation. The main components of the organizational mechanism are: the action plan for the implementation of the Strategy, which will allow using the established development indicators to assess the achievement of the Strategy goals by monitoring and determining the effectiveness of the implementation of measures at the state, regional and local levels; targeted and regional programs for the development of tourism and resorts; concluded agreements, including on the basis of public-private partnership. The economic mechanism ensures compliance with the principles of sustainable development of territories and maintaining a high level of competitiveness by: using tools to create favorable conditions for attracting investment in the tourism industry; providing support to domestic producers of tourist products; promoting the financial recovery of tourism enterprises; introduction of modern information and marketing technologies.

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 ON QUESTION OF THE PRINCIPLE OF EQUITY IN THE ENFORCEMENT OF MONETARY OBLIGATIONS

2018 ◽  
Vol 1 (2(14)) ◽  
pp. 99-102
Author(s):  
Halyna Volodymyrivna Zadorozhnia ◽  
Yurij Anatoliyovych Zadorozhnyi ◽  
Ruslana Оlexandrivna Kotsiuba
Keyword(s):  
Research Study ◽  
Legal Regulation ◽  
The State ◽  
Entrepreneurial Activity ◽  
Target Setting ◽  
The Status ◽  
Legislative Proposals ◽  
The Subject ◽  
Legislative Changes ◽  
The Individual

Urgency of the research. Study of the problem of implementation of monetary obligations in the field of banking relations is determined by violation of the principle of equity in relation to individuals. Target setting. The state has actually removed from the regulation of credit relations in the field of ensuring the fulfilment of monetary obligations that arise between the individual and the bank. Actual scientific researches and issues analysis. Many modern scientists (I. Bezklubyi, T. Bodnar, A. Dzera, A. Kolodiy, V. Lutz, I. Opadchiy and others) studied the institution of the fulfilment of monetary obligations. Uninvestigated parts of general matters defining. Behind attention of scientists was left the issue of protecting the rights of individuals who have monetary obligations to the bank and do not have the status of the subject of entrepreneurial activity. The research objective. The purpose of the article is to develop legislative proposals taking into account international and foreign practice in the aspect of protecting the rights of individuals who have monetary obligations to the bank. The statement of basic materials. Specifics of legal regulation of contractual relations is determined between banks and recipients of funds in the aspect of liability for late fulfilment of monetary obligations, propositions to the legislation were substantiated. Conclusions. It is offered to solve the problem of violation of the principle of fairness in the aspect of fulfilment of monetary obligations in the field of banking relations through legislative changes.

scholarly journals The Subject of the Migration Process as the Main Component of the Administrative and Legal Mechanism of Migration

2020 ◽  
pp. 274-285
Author(s):  
Iryna STOROZHUK
Keyword(s):  
Public Management ◽  
Separation Of Powers ◽  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Migration Process ◽  
Public Authorities ◽  
The Subject ◽  
Main Component ◽  
Legal Mechanism

One of the conditions for building the rule of law is to improve public management of migration processes in accordance with international standards. Migration is an integral part of any state. Migration processes can be affected by economic, political, social, demographic factors, environmental or man-made disasters. Not the least role in migration processes is played by military conflicts or religious or racial persecution. Migration is the movement of a person to change his or her place of residence or stay, involving the crossing of a state border or the boundaries of administrative-territorial units. The administrative and legal mechanism of migration covers the main elements of the migration process. The main one is the subject. Migrant as the subject is a person through whom migration relations arise. The system of public authorities is treated as a subject of regulation of migration processes on behalf of the state. It is the interaction of the subjects that makes migration relations real. The subjects of migration processes are: public authorities and administration, which are endowed with certain powers in the field of migration management. Individuals who have crossed administrative borders or changed their place of permanent residence can be citizens of Ukraine, citizens of foreign countries, stateless persons, refugees, internally displaced persons. Non-governmental organizations that do not have direct authority to manage migration processes and can have a direct impact on the integration of migrants into the new social environment. The ratio of executive, legislative and judicial power in the system of legal regulation of migration in Ukraine shows that the indispensable attribute of the state-power mechanism, built on the principles of separation of powers, is the executive power. It creates conditions for the implementation of the preventive function of the legislature, initiates changes in the current migration legislation; implements its own executive and administrative functions; supports the exercise of judicial functions by the judiciary and itself acts as an object of judicial influence. The analysis shows that geopolitical migration processes contribute to the expansion of the subjects of migration processes, and that one of the current problems of the modern system of administrative and legal regulation of migration processes is the need to reconcile the interests of the state, its citizens and migrants.

THE OMBUDSMAN INSTITUTION IN TURKMENISTAN

2019 ◽  
Vol 1 (XIX) ◽  
pp. 19-33
Author(s):  
Andrzej Pogłódek
Keyword(s):  
Legal Status ◽  
National Policy ◽  
Legal Regulation ◽  
The State ◽  
Fundamental Rights ◽  
Author State ◽  
Legislative Framework ◽  
Legal Mechanism

This article reviews existing Turkmenistan legislation about the legal status of Ombudsman. The analysis of normative-legal acts, which laid the legislative framework of legal regulation of the legal status of Ombudsman as an element of the state national policy to protection of fundamental rights in the Turkmenistan. This issue was analyzed based on the systematic, comparative and legal approaches. Indicated good solutions, as well as flaws in legal mechanism of serving interest of protection of fundamental rights by the Ombudsman. And conclusions of the study the author state that there is a need of the improvement of the Turkmenistan legal base of the Ombudsman.

scholarly journals CIVIL LAW REGIME OF DUAL-USE GOODS FROM THE POSITION OF ENSURING THE BALANCE OF PRIVATE AND PUBLIC INTERESTS: COMPARATIVE LEGAL ASPECT

2020 ◽  
pp. 196-207
Author(s):  
Mikhail G. Shcherbakov ◽  
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Export Control ◽  
Dual Use ◽  
Legal Regime ◽  
Public Interests ◽  
Legal Norms ◽  
The Status ◽  
Private And Public ◽  
Fair Balance

The article examines the dialectical relationship between the balance of private and public interests and the effectiveness of legal regulation of the dual-use goods. The concepts of dual-use goods and the legal regime of dual-use goods are examined and the conclusion is made that there is an interdependence between the categories «fair balance of private and public interests» and «the form and content of the dual-use goods regime». The structure of the legal regime system, consisting of interconnected subsystems that are in functional unity with each other, is analyzed. The dynamic property of the legal regime of dual-use goods to change the status of the goods and the status of the subject, depending on the state of the balance of private and public interests, is revealed. A special mechanism has been identified for regulating the system of the legal regime for dual-use goods, arising from the process of unification of legal norms, both at the international and national levels. The author proposed measures to improve the mechanism for regulating the legal regime of dual-use goods, based on the achievements of scientific and technological progress. Thus, increasing inter-industry relations through the unification of legal norms, as well as the use of modern technologies in the export control process, will ensure a fair balance between private and public interests. Meanwhile, state intervention in the property relations of individuals should be of an exceptional nature, providing for the existence of a mechanism for judicial protection of the weak side, for example, in the form of an institution for consumer protection. It is a focused approach based on the additional role of the state that will improve the effectiveness of the dual-use goods regime, as well as eliminate archaic methods of legal regulation of the turnover of dual-use goods based on the permissive type of regulation. In that way, the system measures that allow integrating advanced technologies into the mechanism of dual-use goods regime include: - introduction of a risk-based approach in the export control system; - transition to the notification procedure for export control; - transition to automatic identification of dual-use goods; - creation of a unified technological platform for controlling the turnover of dual-use goods; - creating a virtual image of dual-use goods with the function of saving the history of their use; - chipping of dual-use goods; - use of distribution registers in transactions with dual-use goods.

scholarly journals Z PROBLEMATYKI PRZEKSZTAŁCENIA PRAWA UŻYTKOWANIA WIECZYSTEGO W PRAWO WŁASNOŚCI

2017 ◽  
Vol 3 (2) ◽  
pp. 63
Author(s):  
Adam Brzozowski
Keyword(s):  
Local Governments ◽  
Current System ◽  
Common Knowledge ◽  
Rational Solution ◽  
Status Quo ◽  
The State ◽  
Property Right ◽  
Special Cases ◽  
The Status ◽  
The Right

From the Problems of a Transformation from Perpetual Usufruct to Property RightSummaryAn analysis of a normative state and a practice of a conduct of legal transactions with reference to legal regulations of perpetual usufruct and also of a transformation of this right into property right permits a statement that in Polish Law there came into being a system of norms completely unintelligible, excessively complicated, internally contradictory, bureaucratic and too costly for the national budget, local governments and perpetual usufructuaries. The primary cause of the status quo was the lack of a clearly defined objective at which the legislator was aiming. Expediency was implemented at the expense of system principles. It led to interventions of the Constitutional Tribunal. The legislator hedged, made successive provisions not only internally contradictory but also arousing new doubts as to their compliance with the Constitution of the Republic of Poland.It seems that the only rational solution of the status quo is to forego the right of perpetual usufruct by enfranchising perpetual usufructuaries. However, it has to be a regulation based on foundations completely different than these hitherto existing.The transformation should cover all perpetual usufructuaries, regardless of the mode and the time of their acquisition of this right, and should ensue ex lege. This would result in a significant simplification of a construction of the transformation. Given a tremendous interest of perpetual usufructuaries in the transformation, it would significantly reduce the amount of office labour and attendant costs incurred by them. At the same time affranchisement would become universal. Further simplification and lowering costs of transformation would require that entries in mortgage registers should be evidenced ex officio at the time of the first transaction relating to a given mortgage register. Since affranchisement in a discussed mode would cover all perpetual usufructuaries ex lege, it would be obvious that persons evidenced in a register as perpetual usufructuaries are property owners until a new entry is made.There should be no exception from the basic principle of universality of affranchisement of perpetual usufructuaries. It has to be assumed that land charged with perpetual usufruct has not been indispensable for the hitherto existing owner (the State Treasury, local government units) in order to perform their basic tasks. In special cases these units may employ an expropriation.The most difficult problem of the hitherto existing regulations faced has been the question of compensation due to hitherto owners from the fact of a loss of ownership as a result of a transformation. I propose to regulate these settlements in such a way that an enfranchised perpetual usufructuary should be charged with such performances as he was charged with hitherto as a perpetual usufructuary. In other words: he would be charged with an obligation to pay annuity during a period for which he has been granted, the right to perpetual usufruct, transformed into property right. In exchange for a performance, which in any case he would have to provide as per agreement, the former perpetual usufructuary would obtain a better right - property right. According to the proposition under discussion, the regulation would have a system character, in a long-term it would allow to effect such a reform of public finances that hitherto existing owners could perform their assigned tasks financing them from performances of a tribute type, and not from perpetual usufruct. One would have to consider the advisability of maintaining in force the principles of determining an amount of an annuity. It seems that instead of the current system (expensive and inefficient) there should be introduced a principle of a yearly raising of annuity according to a rate of inflation.It’s common knowledge that appreciable part of immovables of the State Treasury and municipal immovables originate from different kinds of „expropriations” carried out in the period of PRL [People’s Republic of Poland]. To secure claims of former owners I propose to create a special fund, meant for indemnities satisfying these claims, from obligatory written off amounts gained from receipts from former perpetual usufructuaries.

scholarly journals Legal mechanisms for the implementation of corporate rights by public law entities

2020 ◽  
pp. 309-313
Author(s):  
Konstantin Leonov
Keyword(s):  
Local Governments ◽  
Supervisory Board ◽  
Legal Regulation ◽  
Public Law ◽  
The State ◽  
Corporate Rights ◽  
A Value ◽  
Communal Property ◽  
The Right ◽  
Authorized Capital

The state is the largest owner of corporate rights. Entities operating on the basis of state ownership only, as well as entities whosestate share in the authorized capital exceeds fifty percent or is a value that provides the state with the right to decisive influence on economicactivity are recognized as economic entities of the public sector of the economythese subjects. Instead, the subjects of economicsector of the economy are entities that operate on the basis of communal property only, as well as entities in the authorized capital ofwhich the share of communal property exceeds fifty percent or is a value that provides local governments with the right to decide impacton the economic activities of these entities.There are two main features of corporate rights of the state in the subjects of public law: 1) management of such corporate rightsis carried out in the manner prescribed by a separate law; 2) the purpose of managing the corporate rights of the state is to meet stateand public needs.In 2016, Ukraine underwent a reform that resulted in a significant strengthening of the legal regulation of the activities of supervisoryboards in companies in the authorized capital of which more than 50 percent of shares (stakes) belong to the state. In particular,an important novelty was that the majority of members of the supervisory board in such companies must be independent members ofthe supervisory board. Thus, in relation to the corporate rights of the state, the legislator has established a number of special restrictions.In particular, the corporate rights of the state are prohibited to transfer to companies for the formation of their authorized capital, exceptfor the transfer to the authorized capital of state joint stock companies and state holding companies. This restriction is aimed at preventingcovert privatization or withdrawal of corporate rights from state ownership.Significant strengthening of legal regulation of supervisory boards in companies in the authorized capital of which more than50 percent of shares (stakes) belong to the state, resulted in the introduction of the provision that the majority of members of the supervisoryboard in such companies must be independent members of the supervisory board. An independent member of the SupervisoryBoard has equal rights and responsibilities with other members and independently decides on voting on all issues on the agenda of theSupervisory Board meeting.

scholarly journals Ways to improve administrative and legal mechanism for ensuring the rights of business entities in the field of taxation

2020 ◽  
Vol 77 (2) ◽  
pp. 46-80
Author(s):  
А. М. Чорна
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Public Authorities ◽  
The Public ◽  
Low Level ◽  
State Tax ◽  
Business Entities ◽  
High Level ◽  
Legal Mechanism ◽  
Constructive Interaction

The author of the article, based on the analysis of scientific views of scholars and current legislation of Ukraine, elaborates the ways to improve administrative and legal mechanism for ensuring the rights of business entities in the field of taxation. It is substantiated that the objective prerequisites for improving administrative and legal mechanism for ensuring the rights of business entities in the field of taxation are: 1) low level of trust of entrepreneurs in the tax service; 2) high level of corruption in the agencies of the State Tax Service; 3) imperfect mechanism of legal regulation of tax advice; 4) low level of quality and efficiency of functioning of administrative and legal mechanism of ensuring the rights and lawful interests of business entities as taxpayers, etc. It was stated that the first step towards improving administrative and legal mechanism for ensuring the rights of business entities in the field of taxation should be the improvement of the relevant administrative legislation. The expediency of improving the organizational structure of the State Tax Service is substantiated. Emphasis was placed on the need to improve the interaction of the State Tax Service with other public authorities and the public on ensuring the rights of business entities in the field of taxation. It is noted that the deep and constructive interaction of the State Tax Service of Ukraine with other public authorities and the public is undoubtedly an important guarantee of high quality and efficiency for ensuring the rights of business entities.

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.

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