scholarly journals Administrative and legal status of the Civil service of Ukraine on geodesy, cartography and cadastre

2020 ◽  
Vol 11 (3) ◽  
Author(s):  
Svitlychnyi Oleksandr ◽  
◽  
Shpak Oksana ◽  
Keyword(s):  
Legal Status ◽  
The State ◽  
State Service ◽  
Legal Personality ◽  
Legal Norms ◽  
Leading Role ◽  
Legal Obligations ◽  
The Subject ◽  
Definition Of ◽  
Subjective Rights

Based on the analysis of doctrinal opinions and current regulations, the article examines the legal categories of «legal status», «administrative and legal status», which in legalliterature is characterized through the following legal institutions: public subjective rights and legal obligations; legal personality; subjects and objects of management; state coercion, etc. It is emphasized that in the system of legal norms that determine the administrative and legal status of the subject of public administration, the leading role is played by the norms of administrative law. The activity of the State Service of Ukraine for Geodesy, Cartography and Cadastre is analyzed. According to the results of the research, the author's definition of the concept «administrative and legal status of the State Service of Ukraine for Geodesy, Cartography and Cadastre» is given. Keywords: category, legal status, administrative and legal status, activity

scholarly journals Features of the legal status of the bodies of the state executive service of Ukraine

2020 ◽  
Vol 10 (19) ◽  
pp. 89-96
Author(s):  
Oksana Romanovska ◽  
Keyword(s):  
Legal Status ◽  
The State ◽  
Actual State ◽  
Legal Obligations ◽  
Multi Stage ◽  
Complete Study ◽  
The Subject ◽  
Definition Of ◽  
Subjective Rights ◽  
Legal Entities

The article provides a thorough analysis of the essence of the concept and structure of the administrative and legal status of the state executive service in Ukraine, which is a complex and multi-stage process, as it provides for the need to highlight the functioning of the state executive service in the legal system of Ukraine. The purpose of the article is a complete study of the administrative and legal status of the state executive service in Ukraine, for which the author analyzed such legal categories as "status", "legal status", "administrative and legal status" and formulated their features. The author's definition of legal status is given as a set of normatively regulated subjective rights, legal obligations and responsibilities of the participants of the relevant legal relations, which formulate the legal status of individuals and legal entities in society. Its features are: the legal status is defined as the presence of rights and obligations only in individuals; ambiguity in the interpretation of legal status and its varieties; is determined by the presence of a legal relationship of the subject of law with other subjects, and also includes the entire range of relations (connections) of the subject of law; formulates individual features of subjects of law and reflects their actual state in the system of relevant relations in certain conditions; endowed with a universal character, covering the various statuses of legal entities, both individual and collective; determines the legal position (position) of the subject of law in the relevant relationship with other entities, which does not depend on the participation of the subject in specific legal relations.

scholarly journals Doctrinal approaches to the definition of civil procedural law

2021 ◽  
pp. 82-90
Author(s):  
Olena Shtefan
Keyword(s):  
Public Relations ◽  
International Law ◽  
The State ◽  
Legal Norms ◽  
Civil Process ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of

Keywords: civil procedural law, civil process, civil proceedings, subject of civil procedurallaw The process of reforming procedural legislation, its harmonization, harmonization with theprinciples and standards of international law, as well as other processes taking place insociety and the state are the factors that affect the need to revise the doctrinal definitions of civil procedural law. One of the most developed issues in the theory of civil procedurallaw is its definition. In turn, the development of science is impossible without reviewingeven established doctrinal approaches and provisions.An analysis of the special literature, mostly educational, led to the conclusion thatscholars use approaches to the definition of the term "civil procedural law", which weredeveloped and included in the theory of civil procedural law in the 50s-60s of the twentiethcentury. Modern definitions of civil procedural law are based on the provisions of theold invalid legislation, or on the provisions of the legislation of other countries (for example,the Russian Federation). Therefore, the purpose of this study was to review the existingdefinitions in the theory of civil procedural law and their harmonization with theprovisions of current legislation of Ukraine.In the process of researching doctrinal approaches to the definition of civil procedurallaw, it was found that researchers invest in the definition of the subject, purpose of thisbranch of law, as well as additional characteristics of civil procedural law (participants,sectoral affiliation, stage, etc.).The lack of a single doctrinal approach to the definition of the subject of civil procedurallaw, which is part of the definition of civil procedural law, prompted to study thesubject of civil procedural law and propose its author's definition.Based on the provisions of current legislation, the article presents the author's definitionof civil procedural law as a branch of law, set and system of legal norms, the subjectof which are public relations arising in civil proceedings on the basis of fair, impartialand timely consideration and resolution of civil cases in order to effectively protect violated,unrecognized or disputed rights, freedoms or interests of individuals, rights and interestsof legal entities, the interests of the state.

LEGAL PERSONALITY OF A HABITUAL PENITENTIARY OFFENDER OF THE REGIME OF SERVING A SENTENCE

2021 ◽  
pp. 117-121
Author(s):  
Андрей Николаевич Гордополов
Keyword(s):  
Legal Status ◽  
Legal Capacity ◽  
Legal Analysis ◽  
Judicial Interpretation ◽  
Special Position ◽  
Legal Personality ◽  
The Subject ◽  
Definition Of ◽  
Legal Capability

В статье рассматриваются проблемы изменения правового статуса осужденного в связи с признанием его злостным пенитенциарным нарушителем. Проводится сравнительно-правовой анализ терминов «отрицательно характеризующийся осужденный» и «злостный пенитенциарный нарушитель». Автором отмечается, что понятие исследуемого субъекта встречается в нормативных актах уголовно-исполнительного характера и актах официального судебного толкования, вместе с тем до сих пор не имеет легального закрепления в виде нормы-дефиниции. В статье раскрываются вопросы возникновения правоспособности, дееспособности и деликтоспособности злостного пенитенциарного нарушителя. Формулируется вывод о том, что в ходе признания осужденного злостным пенитенциарным нарушителем он приобретает специфические признаки, которые определяют его особое положение. В заключение автором предлагается доктринальное определение исследуемого субъекта. The article deals with the problems of changing the legal status of a convicted person in connection with the recognition of him as a habitual penitentiary offender. A comparative legal analysis of the terms «negatively characterized convict» and «habitual penitentiary offender» is carried out. The author notes that the concept of the subject under study is found in normative acts of a penal nature and acts of official judicial interpretation, however, it still does not have legal consolidation in the form of a norm-definition. The article deals with the issues of legal capacity, legal capability and tortious capacity of a habitual penitentiary offender. The conclusion is formulated that in the course of recognition of a convicted person as a habitual penitentiary offender, he acquires specific features that determine his special position. In conclusion, the author offers a doctrinal definition of the subject under study.

SMART CONTRACT: CONCEPT, LEGAL REGULATION, ASPECTS OF CONSUMER PROTECTION

2021 ◽  
Vol 14 (4) ◽  
pp. 236-247
Author(s):  
IRINA VIKTOROVNA ERMAKOVA ◽  
◽  
◽  
Keyword(s):  
Social Relations ◽  
Legal Status ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Smart Contracts ◽  
Legal Norms ◽  
Legal Relationship ◽  
Smart Contract ◽  
The Subject ◽  
Definition Of

The subject of the research is legal norms aimed at regulating by law relations in the field of concluding and executing smart contracts, including issues of protecting the rights of the parties to such contracts, including consumers. The object of the research is social relations arising in the process of creating, concluding and executing of smart contracts. Particular attention is paid to the theoretical and practical aspects of the definition of the concept of “smart contract” and its essence, as well as its legal status. In addition, the article considers approaches to defining the essence of institutions that are closely related to the category of “smart contract”, such as “cryptocurrency”, “digital ruble”, “mining”. The aspects of the protection of fundamental rights of the parties involved in the considered legal relationship, including consumers, are also analyzed. Examples of court decisions regarding the corresponding category of cases are given. The novelty of the research lies in determining the current approaches in relation to the essence, concept and legal status of smart contracts, including the current position of law enforcement practice in relation to this issue. In addition, the novelty of the study lies in considering the practical aspects of the conclusion and execution of smart contracts, including, indicating examples of blockchain platforms on the basis of which smart contracts can function. Ultimately, the study led to the development by the author of some proposals in order to improve the relevant legislation. In particular, the author proposed to consolidate at the legislative level the legal definition of the concept of “smart contract”, indicating the appropriate wording.

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 THE INVECTIGATION OF FALSIFICATION AND TURNOVER OF FALSIFIED MEDICINES: INVESTIGATOR INTERACTION PROBLEMS

2019 ◽  
Vol 20 (2) ◽  
pp. 72-87
Author(s):  
I. Parfylo
Keyword(s):  
Detailed Analysis ◽  
Legal Regulation ◽  
The State ◽  
Drug Control ◽  
Criminal Proceedings ◽  
State Service ◽  
Article Deal ◽  
Falsified Medicines ◽  
The Subject ◽  
Definition Of

The article deal with the problems of the interaction of the investigator in the investigation of falsification and turnover of falsified medicines. A detailed analysis of the scientists views on the definition of "interaction" as a scientific category, its principles and values that are debatable in criminalistics was carried out. Particular attention is paid to the criminalistic nature and forms of interaction in the investigated crime. It is substantiated that the systematization of forms of interaction of the investigator in the specified type of crimes investigation should be performed according to the criterion of the subject taking into account the peculiarities of their legal regulation. According to the results of the generalization of the judicial and investigative practice materials, it is determined that the employees of the operational units and specialists are the main subjects of interaction with the investigator in the falsification and turnover of falsified medicines investigation. In addition, it is noticed a great importance of the interaction of the investigator with the State Service for Medicines and Drug Control of Ukraine, actual forms of interaction of which include, among other things, the identification of signs of falsified medicines or activity related to falsification and prevention of these crimes. Based on the specifics of such category of crimes, the necessity of increasing the level of interaction of the investigator has been proved, which will greatly contribute to the efficiency of conducting investigative (investigative) actions, saving forces and time at the beginning of criminal proceedings, which is a necessary prerequisite for successful investigation.

scholarly journals On administrative-legal status of the driving examiner and examinee in the case of a traffic accident during the driving test

2020 ◽  
pp. 19-25
Author(s):  
Fazil Nazim ogly Zeinalov ◽  
Oleg Evgen'evich Gubenkov ◽  
Irina Sergeevna Mikhaleva
Keyword(s):  
Law Enforcement ◽  
Traffic Safety ◽  
Traffic Accident ◽  
Legal Status ◽  
Legal Framework ◽  
Legal Norms ◽  
The Subject ◽  
Definition Of ◽  
Enforcement Activity

The object of this research is the system of public legal relations in the area of ensuring traffic safety. The subject of this research is the legal norms that regulate the administrative legal status of the driving examiner and examinee during a driving test. This work aims to conduct the analysis of the normative legal base regulating the driving test, as well as the legal status of the parties present in the vehicle during the driving test. The novelty of this study is justified by the practical and scientific importance of the problems of law enforcement activity in the area of ensuring traffic safety, as well as the need for improvement of the legal framework regulating authority of police divisions and departments in Russia. The authors analyze the federal legislation regarding legal status of the driving examiner and examinee during a live driving test. Proposals are made on establishing administrative legal status of the examiner, development the definition of “practice driving”, and determination of relation of live driving test to practice driving.

scholarly journals ECONOMIC NATURE AND LEGAL STATUS OF CRYPTOCURRENCY

2020 ◽  
pp. 3-13
Author(s):  
Ирина Александровна Астраханцева ◽  
Роман Геннадьевич Астраханцев
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Civil Law ◽  
Virtual Currency ◽  
Legal Norms ◽  
Digital Version ◽  
Starting Point ◽  
The Subject ◽  
Definition Of ◽  
Tangible Asset

The article focuses on the relevance of establishing legal norms for virtual currency, which is currently working in the gray zone. The article substantiates why cryptocurrency was referred to other property in the framework of civil law. The issues of referring cryptocurrency to such objects of civil rights as monetary funds, currency values, securities, intellectual property, intangible assets, etc. are considered in detail. Based on a comprehensive analysis, the classification of cryptocurrency as a different property within the framework of civil law is substantiated. The author's definition of cryptocurrency is given as a cryptographically protected property with signs of cryptographic authentication, decentralization, management through consensus, and the use of distributed ledgers. The economic essence and legal status of the cryptocurrency proposed by the authors emphasize the exclusively digital version of the existence and use of this object, indicates the possibility of the turnover of this asset, delimits the concept of cryptocurrency, non-cash and electronic money. The definition of a crypto asset as property makes it possible to develop tax legislation, since the implementation of cryptocurrency is close to investment instruments, which makes it possible to clarify the issue of paying such a tax as VAT. Cryptocurrency as property describes not the thing itself, but the legal relations associated with it, that is, those rights that, according to the rules of law, can be exercised. The article also raises one of the main issues that must be resolved - this is the recognition of ownership of this specific type of property. According to the authors, the starting point for determining the ownership of the cryptocurrency should be that the subject of the right will be the owner of this asset if he legally gained access to the private key by analogy as the subject acquired the ownership of a tangible asset on a legal basis.

scholarly journals Financial Law in the Interdisciplinary Institution of Personal Dignity

2020 ◽  
Vol 15 (11) ◽  
pp. 62-77
Author(s):  
N. V. Omelekhina
Keyword(s):  
Legal Status ◽  
The State ◽  
Financial Activity ◽  
Material Resources ◽  
Personal Dignity ◽  
Protection Of Human Rights ◽  
The Subject ◽  
The Individual ◽  
Subjective Rights ◽  
Legal Mechanism

By referring the dignity of the individual to meta-legal categories, considering it as a principle of law that forms an integrated inter-sectoral institution aimed at ensuring the implementation and protection of human rights, the author analyzes the role and place of financial law in the personal dignity concept. Taking into account the peculiarity of the subject matter and methodological basis of the financial and legal industry, the author concludes that the studied branch of law should be considered as a securing legal instrument of generating and implementing personal dignity, its dynamic essence through a unique legal mechanism of redistribution of material resources in the state. Acknowledging the positive binding as the basic legal means of such an instrument, the author analyzes the subjective rights of the individual in financial relations, in particular their property component, in two aspects of financial activity of the state and public legal entities: in the formation and distribution and use of public funds. In order to ensure the realization of the individual-centered spirit of financial law, the author concludes that it is necessary to carry out the doctrinal analysis and legal consolidation of the financial and legal status of the individual, to develop a system of so-called monetary rights of the individual in the process of formation, distribution and use of funds of the state and municipal entities.

scholarly journals THE CONCEPT OF CONSTITUTIONAL FREEDOM OF A PERSON TO CONDUCT ENTREPRENEURIAL ACTIVITY

2019 ◽  
Vol 5 (1) ◽  
pp. 160
Author(s):  
Serhii Penkov ◽  
Mykola Chabanenko
Keyword(s):  
Government Regulation ◽  
Legal Status ◽  
State Regulation ◽  
The State ◽  
Entrepreneurial Activity ◽  
Theoretical Approaches ◽  
Natural Person ◽  
The Subject ◽  
Definition Of ◽  
Private Entrepreneur

The article studies the concept and features of the constitutional freedom of a natural person to conduct business activity in Ukraine. It is analysed features of human freedom under consideration. The authors present their own definition of the constitutional freedom of a person to conduct entrepreneurial activity. The issue of peculiarities of management of a natural person as a business entity is considered. It compares the legal status of a natural person with the legal status of a private entrepreneur. The article lists the duties of a private entrepreneur, as well as limitations on the performance of any types of activities by private entrepreneurs. It considers a procedure of the state registration of a private entrepreneur. The paper defines the essence and main range of tools of mechanisms of state regulation of entrepreneurial activity in Ukraine. The issue of mechanisms regulation is covered. It is formed the principal functions, tools, and methods which the state follows in regulating entrepreneurship. The role of the state in managing the economy and functioning of business entities is discovered. The international experience of state business regulation is described. Statistics are indicated, and specific examples of countries are formed. Lines for handling problems concerning stimulating small and medium-sized enterprises are specified. Based on the analysis, generalization and systematization of research papers, and also weaknesses of government regulation of entrepreneurship in Ukraine are presented. The authors draw conclusions and propose ways for improving government regulation in order to improve and develop entrepreneurship in Ukraine. Theoretical approaches to the determination of the concept of the subject of offences counteraction are presented. Definition of the subject of offences counteraction in the sphere of entrepreneurial activity is analysed, and a range and system of the mentioned subjects are specified. Subjects of offences counteraction in the sphere of entrepreneurial activity vested with administrative and jurisdictional powers are put into an individual group.

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