scholarly journals THEORETICAL AND APPLIED ASPECTS OF COMPREHENDING A NEW CONSTITUTIONAL DOCTRINE IN UKRAINE

2020 ◽  
Vol 5 (5) ◽  
pp. 47
Author(s):  
Kateryna Holovko ◽  
Svitlana Levchenko ◽  
Oleg Dubinskiy
Keyword(s):  
Constitutional Law ◽  
Legal Reform ◽  
Scientific Basis ◽  
Present Stage ◽  
Legal Doctrine ◽  
Systematic Analysis ◽  
Analytical Monitoring ◽  
Stage Of Development ◽  
Basic Concepts ◽  
Definition Of

The article is devoted to the research of the nature and essence of some aspects of the new constitutional doctrine in Ukraine. Attention is paid to the basic constitutional and legal concepts actualized at the present stage of development of Ukraine as a democratic, legal, social state and building a civil society in it. Emphasis is placed on the issue of constitutional changes in Ukraine that have taken place over the last decades, both in the form of modernization and reform. The author concludes that qualitative and substantial upgrading of the theoretical and methodological base should be an integral part of constitutional and legal reform. The positions of the leading constitutionalist scientists on the essence of the category of "constitutional and legal doctrine" are analyzed, the significance of the dualism of approaches to its definition and peculiarities of influence on the rulemaking processes and enforcement are revealed. In addition, the importance of not only the process of forming a modern doctrine of constitutional law, the clear definition of basic concepts and general problems that operate and exploring the constitutional law of Ukraine as a science and as a leading branch of national law, but also the process of renewal the categorical apparatus, the introduction of the legal circulation of new categories capable of creating a more solid scientific basis for constitutional law, is proved. The subject of the research is the theoretical and applied aspects of comprehending the latest constitutional doctrine in Ukraine. The purpose is a study of the nature and essence of transformational changes in the constitutional and legal doctrine of Ukraine in view of the transformation processes in society at the present stage. The methodological basis of the research is a set of methods and techniques of scientific knowledge. The methodological construction is based on a systematic analysis that determined its directions. The systematic approach in some issues was supplemented by an axiological (ideological) approach. In order to identify trends, patterns and features of the development of constitutional law as a branch of law in the system of national law of Ukraine such empirical methods as observation, description, comparison and inductive generalization were used. Logical and semantic method was used for formulation and in-depth study of the conceptual apparatus. The dialectical cognition method allowed us to explore the problems associated with the definition of particular theoretical constructs, basic concepts and categories used in the Ukrainian constitutional and legal doctrine. The application of methods of modeling, analysis, synthesis, generalization and analogy made it possible to formulate the conclusions of the research. The conclusions of the research is that the author found that the content of the constitutional reform cannot be reduced to the problems of renewal of the Constitution as a normative legal act or its separate provisions, because its implementation goes beyond the procedural issues and tasks of the legal technique. At the same time, an essential component a qualitative and substantial renewal of the categorical and terminological apparatus of the branch of constitutional law should be part and parcel of the constitutional and legal reform of Ukraine. Special attention also needs to be paid to scientific and analytical monitoring of the state of the introduced changes and forecasting of the socio-political and legal consequences of the transformations, which will allow to expeditiously identify and correct possible mistakes, as well as to make recommendations on further perspectives of the development of the constitutional and legal branch. The practical implications. The results of the research will help to better understand the basic aspects of the latest constitutional doctrine in Ukraine and can be used in the research branch to further study the issue of transformational changes in the constitutional and legal branch.

scholarly journals THEORETICAL AND LEGAL ASPECT OF THE FORMATION OF THE INSTITUTE OF ACCESSORY OBLIGATIONS.

2021 ◽  
Vol 2 (67) ◽  
pp. 68-72
Author(s):  
R. Truhan ◽  
S Nadtochij
Keyword(s):  
Legal Aspect ◽  
Civil Law ◽  
Roman Law ◽  
Soviet Period ◽  
Legal Doctrine ◽  
Stage Of Development ◽  
Legal Relationship ◽  
Characteristic Features ◽  
Definition Of ◽  
Further Development

The subject of the article is the study of the theoretical and legal aspect of the development of the institution of accessory obligations. The genesis of the category of "accessory" in Roman law is considered, where the formula of the ancients is derived: the validity of the accessory legal relationship is predetermined by the reality of the basic legal relationship, and was quite simple and concise, there is no basic obligation - no additional one. The evolution of "accessory" in domestic civil law is revealed, which consists in the following: in pre-revolutionary civil law, the theory of security deviated from accessory for the sake of convenience for the circulation of security obligations; in the Soviet period, the identification of the terms "security" and "accessory" obligation took root in the scientific circulation; and at the present stage of development of the theory of accessory in Russian civil law, the concept of "accessory" is identified with a security obligation.The author comes to the conclusion about the multidimensionality of the category of "accessory", which consists in the fact that in the course of the development of law, the understanding of accessory obligations has undergone significant changes, going from the perception of accessory as a kind of obligation that ensures the return of debt and the transfer of "belonging" to the goods sold, to its identification with security obligations in general. Gradually, in the legal doctrine, the opinion was fixed that different types of obligations have the property of accessory, and each of them has its own characteristic features and has its own specifics. According to the authors of the article, the further development of the civilistic doctrine of the accessory of obligations will contribute to the final consolidation of the definition of "accessory" within the framework of Russian civil law.

scholarly journals Public services and digital technologies: legal registration in constitutional law

2019 ◽  
pp. 27-33
Author(s):  
E. P. Voronyuk
Keyword(s):  
Constitutional Law ◽  
Public Services ◽  
Social Issues ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Present Stage ◽  
Public Authorities ◽  
Technological Organization ◽  
Stage Of Development ◽  
Legal Context

The purpose of the article is to identify the role and place of digital technologies in public services. Considering the content and importance of the constitutional and legal regulation of public services using digital technologies in the context of the implementation of the constitutionally enshrined social statehood of Russia, the author draws the following conclusion: the objective of the modern State is to fully ensure enforcement of the needs of citizens and the provision of public services using digital technologies.The analysis of doctrinal approaches and normative consolidation of information and technological organization of interaction between citizens and public authorities showed that the innovative way of digital technologies has been chosen and normatively consolidated in modern Russia as the basis for economic development — the basis of Social Statehood. This requires scientific understanding and development of mechanisms for its implementation in social issues in the legal context.Also, the author gives a brief overview of the main risks of introduction of digital technologies in Russian constitutional law at the present stage of development. The paper reveals topical issues in heoretical and practical contexts; the author suggests the ways how they can be resolved. 

scholarly journals Background of terminosystem formation of archeography

2020 ◽  
Vol 65 (2) ◽  
pp. 181-188
Author(s):  
Yu. V. Nesterovich
Keyword(s):  
Scientific Methodology ◽  
Historical Documents ◽  
Present Stage ◽  
Practical Activity ◽  
Conceptual Apparatus ◽  
System Formation ◽  
Stage Of Development ◽  
Scientific Disciplines ◽  
Basic Concepts ◽  
Information Sciences

Term system formation of archeography is specific because of the fact that it includes at the present stage of development not only the terms of methods, methodology, edition theory of historical documents and terms of practical activity - editions of historical documents studied as part of archeography, but also the fields of activity related to this retro-edition, in particular, publishing affairs of other scientific disciplines working on methods of retroedicism first of all, textology. When forming the term system of archeography, ordered in accordance with the requirements of scientific methodology, the range of studied and included term units is significantly expanded, and its necessary to extrapolate the terms of related fields of knowledge, in an interdisciplinary projection. When constructing the terminological system of archeography in interdisciplinary and transdisciplinary projection, the correlation of its basic concepts with the basic concepts of documentology, the tasks of which include, among other things, the metatheoretical generalization of the conceptual apparatus of documentary information sciences and related scientific disciplines, dramatically increases the importance. At the present stage of the development of archeography, which is characterized by competition of pre-terms and terms, displacement of first terms by second ones, there are prerequisites for building its consistent term system.

scholarly journals DEFINITION OF THE PURPOSE, TASKS, AND PROSECUTOR’S OFFICE FUNCTIONS

2019 ◽  
pp. 109-113
Author(s):  
A.V. Lapkin
Keyword(s):  
State Policy ◽  
Historical Development ◽  
Subject Domain ◽  
Present Stage ◽  
Criminal Proceedings ◽  
Stage Of Development ◽  
Criminal Offenses ◽  
Definition Of ◽  
And Function ◽  
Functional Purpose

In the article, the problem of the definition of a designated and functional purpose of the prosecutor’s office at the present stage of development of the Ukrainian state is considered. The purpose of the article is the definition of the purposes and tasks of the prosecutor’s office of Ukraine, and also the development of the system of its functions. The ratio of concepts «the prosecutor’s office purpose», «prosecutor’s office tasks» and «prosecutor’s office functions» is investigated. The conclusion is drawn that these categories are in indissoluble unity and interrelation: the purpose defines social appointment of prosecutor’s office, to its achievement the general tasks of this body which realization is carried out in the course of performance of the functions assigned to prosecutor’s office are directed. The prosecutor’s office definite purpose as socially significant ideal for which achievement it is created and operates prosecutor’s office which defines its tasks and function at a concrete stage of historical development. It is given reason that at the present stage formation and ensuring the realization of a state policy in the sphere of counteraction of crime in this connection its purpose is the protection of the rights and freedoms of the person, interests of society and the state against criminal offenses should become appointment of prosecutor’s office of Ukraine. Definition of tasks of prosecutor’s office as caused by the purpose of prosecutor’s office and the general tasks subordinated to it reflecting socially significant result which the prosecutor’s office aspires to reach the realization of the functions assigned to it is formulated. The list of tasks of the prosecutor’s office directed on the achievement of the planned purpose of its activity is provided. Prosecutor’s office functions as directed on achievement of the purposes and prosecutor’s office tasks main types of its activity which is directly expressing its essence and appointment which are limited to a certain subject domain are defined and provide special forms, methods, and implementation tactics. The system of functions of the prosecutor’s office urged to provide achievement of the purposes and problems of public prosecutor’s activity is formulated. Keywords: prosecutor’s office, the purpose of prosecutor’s office, the task of prosecutor’s office, prosecutor’s office function, criminal proceedings.

scholarly journals TRADITIONS AND INNOVATIONS OF THE CONCEPT OF ADMINISTRATIVE LAW UNDER REFORM

2019 ◽  
Vol 5 (4) ◽  
pp. 130
Author(s):  
Svitlana Levchenko ◽  
Kateryna Holovko
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Legal Reform ◽  
Legal Regulation ◽  
Administrative Law ◽  
Research Field ◽  
Legal Doctrine ◽  
Systematic Analysis ◽  
Methodological Basis ◽  
Depth Study

The article is devoted to the study of the essence and content of individual transformation processes in the field of administrative law of Ukraine under the conditions of administrative and legal reform. Attention focuses on the issue of a detailed assessment of the nature of public relations, which are included in the sphere of legal regulation of the field of administrative law. The author concludes that a qualitative and substantial update of the theoretical and methodological basis should be an integral part of administrative and legal reform. The importance of the process of updating the categorical framework, the introduction into the legal circulation of new categories, capable of creating a more solid scientific basis of administrative law, is proved. The positions of leading Ukrainian scholars in the field of administrative law on the essence of the category “public administration” are analysed and the reasons for the dualism of approaches to its definition in the Ukrainian administrative and legal doctrine are revealed. Attention is paid to the basic factors of the shift of the idea of the priority of the rule of law towards the specific relationship between public administration bodies and individuals. The subject matter of the study is the traditions and innovations of the concept of administrative law of Ukraine in terms of reform. The purpose is to study the nature and content of transformational changes in the administrative law of Ukraine at the present stage. The methodological basis of the study was the set of methods and techniques of scientific knowledge. The methodological construction is based on a systematic analysis that defined its directions. The systematic approach in some issues was supplemented by an axiological (ideological) approach. Empirical methods such as observation, description, comparison, and inductive generalization were used to identify trends in the reform of the administrative law of Ukraine. The logical and semantic method was used for formulation and in-depth study of the conceptual framework. The dialectical method of cognition made it possible to investigate the problems associated with the definition of the concept of “public administration” in Ukrainian administrative and legal doctrine. Application of methods of modelling, analysis, synthesis, generalization, and analogy allowed formulating the conclusions of the study. The conclusions of this study are that the author has established that an integral part of the administrative and legal reform of Ukraine should be a qualitative and substantial updating of the categorical and terminological framework of the field of administrative law and, above all, the basic category of “public administration”. At the same time, in the context of Ukraine’s development as a democratic and legal state, all reform initiatives must be systematic and consistent. Special attention also needs to be paid to scientific and analytical monitoring of the state of introduced changes and consequences of the implemented administrative reform measures, which will allow expeditiously identifying and correcting possible mistakes, as well as making recommendations on further prospects of the development of the administrative and legal sector. Practical implications. The results of the study will help to better understand the basic aspects of the new concept of administrative law and can be used in the research field for a further in-depth study of the issue of transformational changes in the administrative and legal field.

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.

scholarly journals Judicial Authorities as an Object of Public Control in Russia: Constitutional Law Aspects

2021 ◽  
Vol 1 ◽  
pp. 15-21
Author(s):  
Marina S. Savchenko ◽  
◽  
Svetlana A. Kuemzhieva ◽  
Vitaliy V. Goncharov ◽  
◽  
...  
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Constitutional Law ◽  
Comparative Law ◽  
Legal Analysis ◽  
Legal Doctrine ◽  
Public Control ◽  
The Russian Federation ◽  
Historical Comparative ◽  
Definition Of

This article is devoted to the constitutional and legal analysis of the judiciary as an object of public control in the Russian Federation. Object of research: public relations related to the organization and implementation of public control in the Russian Federation. Subject of research: the current legislation regulating both the organization and implementation of public control, and the formation and functioning of judicial authorities in Russia, as well as the Russian legal doctrine in the field of organization and implementation of public control in relation to the activities of courts. The article develops and substantiates the author’s definition of public control in the Russian Federation. The author substantiates the system of measures necessary to ensure the full organization and implementation of public control over the judiciary in Russia. This article uses a number of methods of scientific research, in particular: analysis; synthesis; historical; comparative law; classification; modeling.

Mayer and P. Salovey Model of Emotional Intelligence

Diogenes ◽  
2020 ◽  
Vol 28 (1) ◽  
Author(s):  
Simona Trifonova ◽  
◽  
◽  
Keyword(s):  
Emotional Intelligence ◽  
Literature Review ◽  
Main Stage ◽  
Theoretical Literature ◽  
Stage Of Development ◽  
New Concepts ◽  
Basic Concepts ◽  
Definition Of

Thе article aims at presenting theoretical literature review of one of the major models of emotional intelligence to wit D. Mayer and P. Salovey model of emotional intelligence. To present main stage of development, the author’s motivation to develop this model, definition of emotional intelligence according to authors D. Mayer and P. Salovey and an overview of the basic concepts of the topic. A model of the present day helps and allows new concepts and understanding of intelligence meaning.

scholarly journals FACTORS OF ENDOMETRIAL RECEPTIVITY DOWN-REGULATION IN GENITAL ENDOMETRIOSIS

2020 ◽  
pp. 28-38
Author(s):  
I.O. Marinkin ◽  
S.V. Aidagulova ◽  
V.M. Kuleshov ◽  
Yu.S. Timofeeva
Keyword(s):  
Molecular Biology ◽  
Reproductive Medicine ◽  
Risk Groups ◽  
Endometrial Receptivity ◽  
Present Stage ◽  
Down Regulation ◽  
Eutopic Endometrium ◽  
Stage Of Development ◽  
Gynecological Disease ◽  
Definition Of

Endometriosis, or endometrioid disease, is a chronic estrogen-dependent gynecological disease caused by ectopic localization of endometrial tissue, mainly in the pelvis and ovaries. However, at the present stage of development of reproductive medicine, the classical topographic definition of endometriosis should be expanded with new significant characteristics established using the achievements of cell and molecular biology, which allowed a more detailed study of the pathogenesis of this disease. In addition, the introduction of personalized approaches to the treatment of patients with endometriosis and infertility, more attention should be paid to the search for disease predictors and the formation of risk groups with the observation of patients from puberty to menopause. In this review, we have analyzed the literature data and our own studies with an emphasis on factors and markers of decreased receptivity of eutopic endometrium in women with endometriosis, as well as pain, the manifestations of which can contribute to the exact diagnosis of external genital endometriosis.

scholarly journals Object of legal relations of crediting in foreign currency

2020 ◽  
pp. 52-57
Author(s):  
S.A. Sirovatkin ◽  
T.S. Hudima
Keyword(s):  
Foreign Currency ◽  
Unified Approach ◽  
Present Stage ◽  
Stage Of Development ◽  
Foreign Currency Lending ◽  
Definition Of ◽  
Credit Agreement ◽  
Currency Conversion ◽  
Exhaustive List

In the article presents the systematization of legal and scientific approaches to the composition and characteristics of foreign currency lending entities. It was opened and analyzed the scientific approaches and views of the legislator on this issue in order to distinguish a generalized definition of this aspect. It is established that at the present stage of development of scientific thought and legal support there is no unified approach to the separation of the main composition of objects of legal relations of the specified category. It is revealed that the civil law takes into account the basic values of credit relations (the allocation of objects such as cash and interest on the loan), but in other regulations there is no reference to their exhaustive list, which complicates the definition of characteristics and features of this phenomenon. Based on the research of scientific and legislative approaches, the classification of features and types of legal relations objects in the sphere of foreign currency lending is formulated. The following main features and types of objects of legal relations in the sphere of foreign currency lending are distinguished, namely: 1) a specific feature according to which the foreign currency cash provided by the lender to the borrower under the credit agreement is distinguished; 2) the value attribute, which provides for the allocation of the principal amount of the borrower's obligations and the interest on them specified in the credit agreement; 3) an obligatory sign (a reference to the obligation on the part of the lender to provide a loan of this category, and the obligation on the part of the borrower to pay the loan and interest thereon); 4) a sign of reversal caused by the characteristics of repayment of principal and interest on the loan; 5) an additional feature of foreign currency conversion, which allows to distinguish the object of legal relations in the sphere of lending in the direction of currency transactions, namely, the exchange rate.

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