scholarly journals DEVELOPMENT AND CONSERVATION OF SOCIAL RELATIONS AS A MEANINGFUL RESULT OF LEGAL REGULATION

2021 ◽  
Vol 9 (4) ◽  
pp. 26-30
Author(s):  
David Davidov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Scientific Theory ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Social Regulation ◽  
Modern State ◽  
Meaningful Result

The article touches upon the problems of theory and practice of legal regulation. In a modern state, legal regulation is one of the most effective forms of social regulation. This determines the relevance of this topic. In turn, legal regulation should be based on a scientific theory – the theory of legal regulation, which, despite the attention paid to it by scientists, contains a number of controversial points, inaccuracies and errors. The author comes to the conclusion that the meaningful result of legal regulation can be both the development and conservation of public relations. In this context, we can talk about the relevant functions of law.

The Legal and Non-Legal Regulation of Social Relations

2019 ◽  
pp. 94-99
Author(s):  
F. D. Rakhimov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Comprehensive Analysis ◽  
Social Regulation ◽  
Common Features ◽  
The Social

The article is devoted to the comprehensive analysis of the legal and non-legal regulation of public relations. There are offered to consideration the definitions of most important social regulators, such as: right, morality, rituals, customs, traditions and ceremonies. The differences and the principles of interaction are defined. An attempt is made to designate common features and traits between legal and-legal regulators, and also their role in the system of the social regulation.

scholarly journals Modern Model of Genomic and Other Research Regulations

2020 ◽  
pp. 1020-1027
Author(s):  
Nina M. Kolosova
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Self Regulation ◽  
Legal Regulation ◽  
Social Regulation ◽  
Proposed Model ◽  
Research Regulations ◽  
The Subject ◽  
Vector Direction ◽  
High Degree

The main goal of this study is to develop a qualitatively new model of public relations’ modular regulation, which will overcome stereotypes and shortcomings of legal regulation. The model of modular regulation is characterised by the convergence of all regulators, the vector direction of impact on social relations and other features. In the conditions of inconsistency of social regulators, the proposed model of modular impact on social relations provides an opportunity for everyone to choose the most effective norm. Modular regulation should be used only in some areas of social relations, without replacing legal one. Accordingly, the following criteria are recognised for the legality of applying the modular regulation: evidence of the onset of maximum socially dangerous consequences in the case of the application of an erroneous norm of social regulation and a high degree of self-regulation of particular social relations, the presence of specific laws in them. Given these criteria, it is advisable to use modular regulation in genomic and other research, which is the subject of this article

Natural resource and post-resource relations: the hierarchy of branches and the ratio of subjects

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Deineha Maryna ◽  
◽  
Marinich Volodymyr ◽  
Keyword(s):  
Public Relations ◽  
Natural Resources ◽  
Natural Resource ◽  
Social Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Human Needs ◽  
Forest Law ◽  
Environmentally Sound ◽  
The Relationship

The article examines the place of Natural Resource Law and post-resource branches of law in the legal system, proposes a hierarchy of these branches and outlines the relationship between the subjects of natural resource and post-resource relations. The subject of legal regulation of Natural Resource Law is defined as qualitatively homogeneous natural resource relations, consisting of the use and reproduction of natural resources – a legally defined part of the environment that have signs of natural origin and are in ecological relationship with the environment and with each other, can be used as a source of meeting human needs. All natural resources, as well as the relationship to their use and reproduction, are closely linked. This connection will always be inseparable and reciprocal. It is established that in the system of Natural Resource Law public relations regarding the use and reproduction of certain natural resources are in fact its subsectors and provide a differentiated approach to the environmentally sound use of each of the relevant natural resources. Natural Resource Law is not a conglomeration of land, water, forest and subsoil law, but their qualitative unity based on a single nature, factors of development and the internal structure of social relations. It is concluded that neither the long history of legislation, nor a significant amount of regulations that are sources of post-resource industries, are grounds for denying the inseparable and mutual connection of post-resource branches of law with each other and with Natural Resource Law and the objective need for separation independent branch of Natural Resource Law. Keywords: Natural Resource Law, land law, water law, forest law, subsoil law, faunal law, floristic law, natural resource relations, post-resource relations, legal system, branch of law

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

Criminal law as a means of protecting human rights and freedoms in the modern world

2021 ◽  
Vol 28 (3) ◽  
pp. 248-256
Author(s):  
Viktoriia V. Haltsova ◽  
Sergiy O. Kharytonov ◽  
Oleksandr M. Khramtsov ◽  
Oleksandr O. Zhytnyi ◽  
Andrii A. Vasyliev
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
Social Relations ◽  
Criminal Law ◽  
Legal Protection ◽  
Legal Regulation ◽  
Modern World ◽  
Legal Provisions ◽  
Protection Of Human Rights ◽  
Legitimate Interests

This paper is a comprehensive study of the problems of criminal law as a remedy for human rights and freedoms in the modern world. The relevance of this subject lies in the systematic violations of constitutional human rights and freedoms and the inaction of the criminal law in such cases. Nowadays, the criminal law as a remedy for human rights and freedoms in national and international law is described by imperfection in its adaptation to rapidly changing social relations, which, accordingly, leads to problems in their legal protection. There are various reasons for this in the legal sphere, such as gaps in the legal provisions, conflicts of legal regulation and inconsistency of the rules of legislation with existing public relations in the state. All of the above determines the relevance of the subject matter of this study. Thus, the purpose of this study was a comprehensive analysis of theoretical and applied issues relating to the remedies for human rights and legitimate interests against socially dangerous encroachments, and the formulation of scientifically sound proposals for improving the current legislation of Ukraine and the practice of its application in this area. Ultimately, this study identified the legal characteristics of human rights and freedoms at both the national and international levels. The remedies for rights were demonstrated through the lens of criminal law. In addition, the study analysed the forms of implementation of international practice in the national legislation of Ukraine as a remedy for human rights and freedoms in the modern world. The significance of the results of this study was expressed in the further research of related subjects concerning this issue, namely the history of the development of EU criminal law standards and the historical establishment of the concept of human and citizen rights and legitimate interests. Furthermore, the materials of this study can be used in the preparation of educational materials, methodological recommendations, as well as training in various fields of legal science. This, in turn, will allow properly using the criminal law protection of human rights and freedoms without violations on the part of criminal justice bodies

The Principle of Legal Certainty: whether there Can Be Gaps in the Public Law?

2020 ◽  
Vol 2(22) ◽  
pp. 29-36
Author(s):  
Maria A. Kapustina
Keyword(s):  
Social Relations ◽  
Real Life ◽  
Legal Regulation ◽  
Public Law ◽  
Legal Order ◽  
Social Regulation ◽  
Legal Certainty ◽  
The Public ◽  
Legal Literature ◽  
The Moment

Legal regulation is caused by the necessity to provide legal order of social regulation. The legal order of regulation is provided by formal legal certainty of regulatory provisions (legal prescripts) and their legal substance. However, there exist relations, whose content, namely, subjective rights and juridical responsibilities of the parties are not strictly prescribed in the legislative norms. Because a legislator cannot foresee all the variety of social relations that may occur in real life and prescribe their formal and legal substance in corresponding legislative acts. In such cases, we usually talk about gaps in law, about the uncertainty of legal regulation. Gaps are taken for granted, considered as an obligatory element of any legal system. Nonetheless, whether there can be gaps in the public law, if in the public law sphere norms are created purposively? In public law, norms are created purposefully (with a goal in mind), public law institutions are artificially established and rationally modernized. The lack of a norm of a statute can mean the refusal of the legislator to legally regulate the question, at least at the moment. This is so-called in legal literature “qualified silence of the legislator” that should not be considered as a gap in law.

scholarly journals Features of Formation of Russian Legislation on Higher Education of the XVII-XVIII Centuries

2021 ◽  
Vol 18 (4) ◽  
pp. 388-397
Author(s):  
A. G. Bykova ◽  
I. V. Kiselev
Keyword(s):  
Higher Education ◽  
Public Relations ◽  
Social Relations ◽  
18Th Century ◽  
Educational Institution ◽  
Historical Context ◽  
Well Being ◽  
Legal Regulation ◽  
University Education ◽  
Educational Institutions

The article discusses the formation of legislation on higher education in Russia. The sphere of education is the most important condition for the spiritual, professional formation and development of the individual, the social well-being of society, political and economic formation of the state. An analysis of the historical and legal experience of regulating public relations is a prerequisite for building modern legislation in the field of education. The relevance of the study of the Russian features of legislation on higher education of the XVII-XVIII centuries is that modern social relations in the field of education are not fully regulated. This is evidenced by a range of legal problems. Particular attention should be paid to the legislative regulation of certain powers of participants in public relations in the field of higher education, by-law legal regulation, as well as the implementation of certain legal norms of the Federal Law of 29.12.2012 № 273-FZ. The need to resolve these problems updates the relevance of theoretical problems. The answer to the above questions is an analysis of the historical foundations of Russian legislation on higher education. In the pre-revolutionary Russia, sufficient experience in managing higher education, as well as regulating relevant social relations was in place. The completeness of the study of the subject of public relations in the field of education in the historical context is closely related to the analysis of the activities of Russian universities. The article considers the reasons for the appearance of educational institutions in Russia. The first domestic educational institutions appeared at the end of the 18th century - at a historical moment when the expansion of Western European ideas for organizing university education reached the Russian state. Russia had an urgent need to train specialists in the field of public administration - officials, theologians - to strengthen the Orthodox faith, teachers - to educate and promote morality. The authorization of the first regulatory and legal sources in the field of higher education was associated with attempts to create the Slavic-Greek-Latin Academy in Moscow. The revival of the ideas of education in Russia objec'tively accelerated the process of creating domestic educational institutions. The further development of legislation on higher education is associated with the implementation of new ideas about the establishment of universities under Empress Elizabeth Petrovna and Catherine the Great . In the final part of the work, it is noted that in connection with the creation of the first educational institution in Russia, the first normative legal act regulating legal relations in the field of higher education is published - "Privilege for the Academy." During the XVII-XVIII centuries Russian legislation on higher education contained personal regulatory legal acts. They were strictly targeted and regulated the activities of the educational institution, its officials, teachers, students, as well as other participants in academic social relations.

scholarly journals The concept and structure of administrative-legal support of the state defense

2018 ◽  
pp. 20-29
Author(s):  
Volodymyr Pashynskyi
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Social Relations ◽  
Necessary Conditions ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
Legal Norms ◽  
Legitimate Interests ◽  
State Defense

The article deals with modern scientific approaches to the definition and understanding of the structure of administrative-legal support for state defense. The elements of the structure of the administrative-legal support of the state defense are explored. Under the administrative-legal support of the state should be understood as regulated by administrative-legal norms, the systemic activity of the subjects of defense, in the first place, the activities of the subjects of public administration, with regard to the administrative- legal regulation, implementation, protection of social relations in the sphere of defense, guaranteeing the rights and legitimate interests of all subjects of legal relations, aimed at creating the necessary conditions for the defense of the state in the event of armed aggression. At the same time, the structure of the administrative-legal support for the defense of the state will consist of the following elements: 1) the object of administrative-legal support of the state defense – social relations in the field of defense that penetrate practically all spheres of public life; 2) subjects of administrative-legal support for state defense – subjects of administrative legal relations are endowed with rights and duties in the field of defense; 3) norms of law (norms of administrative law) – administrative-legal norms which regulate public relations in the field of state defense; 4) administrative-legal relations in the field of state defense – legal relationships settled by administrative and legal regulations that arise, develop, and cease between the subjects of defense in the process of exercising powers in the field of state defense; 5) guarantees of administrative-legal support of state defense – conditions, means, methods, forms and methods by which the implementation of public relations in the field of state defense is provided. The administrative-legal support of the state defense will be carried out by authorized security entity within the limits of authority and administrative and legal means determined by the norms of administrative law.

ECONOMIC EFFICIENCY OF LEGAL NORMS AND ITS ASSESSMENT THROUGH THE PRISM OF THE RULE OF LAW (ON THE EXAMPLE OF TAX LEGISLATION)

2021 ◽  
Vol 2021 (2) ◽  
pp. 63-74
Author(s):  
Volodymyr USTYMENKO ◽  
◽  
Ruslan DZHABRAILOV ◽  
Keyword(s):  
Public Relations ◽  
Rule Of Law ◽  
Social Relations ◽  
Tax Policy ◽  
Legal Regulation ◽  
The State ◽  
Project Work ◽  
Economic Science ◽  
Economic Criterion ◽  
The Rule Of Law

It is noted that an important quality of legal regulation should be the effectiveness of the method and means chosen by the state to promote the achievement of the planned socio-economic result. Despite the fact that some principles of normative project work have been covered at the legislative level (in particular, on the example of legislation in the field of regulatory policy), the practice of adopting normative legal acts the effectiveness of which remains questionable continues. One of the reasons for this state of legal regulation of social relations is the improper consideration, and sometimes conscious disregard for theoretical and applied constructions that have been substantiated within the framework of legal and economic science. As a result, this leads to the establishment of an unjust order in a certain area of public relations, which threatens the further sustainable development of the state. In view of this, attention is focused on the defects of the implementation of legal principles, especially the principle of the rule of law, in the field of legal regulation of economic relations, which leads to the imaginary effectiveness of the relevant legal acts. It is proved that the effectiveness of legal regulation of public relations will be evidenced not only by the rate of achievement of the expected result at the expense of the minimum necessary resources of economic entities, citizens and the state (i.e. the economic criterion), but also the degree of compliance with the rule of law, which will allow to talk about promoting the adoption by a legal act of the ideology of justice. Based on the analysis of some examples of legislative practice in the field of taxation, it is established that the adoption of regulations contrary to the rule of law has led to the direction of tax policy to achieve socio-economic results that contradict the principles of tax policy as a type of economic policyand principles of social policy of the state in terms of income redistribution set out in strategic documents.

scholarly journals LEGAL REGULATION OF PUBLIC RELATIONS IN THE SCIENTIFIC AND TECHNOLOGICAL SPHERE: TO THE METHODOLOGY OF SCIENTIFIC COGNITION

2020 ◽  
Vol 34 (2) ◽  
pp. 22-26
Author(s):  
L.A. Gumerov ◽  
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Research ◽  
Theoretical Justification ◽  
Scientific Cognition ◽  
Technical Creativity ◽  
Legal Method ◽  
Regulatory Model ◽  
Made In

At present, the legal support of a dynamically developing scientific and technological sphere doesn’t have a proper theoretical justification, in connection with which the attempt made in the article to reveal the methodological base of understanding of legal regulation processes in this field seems relevant. Methodology: dialectics, abstraction, analysis, synthesis, systemic method, formal-legal method. As a result of the research, the factors determining the specifics of the legal regulation of public relations in the scientific and technological sphere are identified. Provisions that have fundamental methodological significance for legal research in the form of conceptual ideas that determine the dialectical development of this sphere as a whole and its legal regulation in particular are substantiated. The concept of “freedom of scientific and technical creativity” was introduced as part of legal science as constitutive for the legal regulation of the scientific and technological sphere. The proposed methodology increases the heuristic ability to identify and study the specifics of the legal regulation of social relations in the scientific and technological sphere, and can also be used in the formation of a theoretical legal regulatory model. Results of a research also can be used in law-making activity, in the course of improvement of state policy in the scientific and technological sphere, in the subsequent scientific research.

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