scholarly journals Political corruption as a threat to ukrainian national security. The article examines political corruption as one of the biggest threats to Ukraine's national security

2021 ◽  
Vol 2 (2) ◽  
pp. 41-46
Author(s):  
Andriy Rybalkin ◽  
Mariya Taranina
Keyword(s):  
National Security ◽  
Social Relations ◽  
Legal System ◽  
Social Stratification ◽  
Political Corruption ◽  
Legal Regulation ◽  
The State ◽  
The Political ◽  
Public Confidence ◽  
Low Efficiency

The current state of corruption in our country in accordance with the statistical indicators of international independent organizations has been studied. The determinants of political corruption have been identified, in particular: direct political, legal and managerial. Regulations in the field of preventing and combating corruption in Ukraine are analyzed. The subjects of anti-corruption in our state have been identified. Based on the analysis, it is proposed to add civil society institutions to the list of authorized entities to increase public confidence in public authorities, as well as for constant control and supervision. It is determined that the level and scale of corruption in Ukraine, the effectiveness of combating corruption processes largely depend on the integrity of elected officials, the democracy of the political system in general and the electoral process in particular. Recent election campaigns in Ukraine show that gross violations of democratic principles of expression of will (government interference in the election process, voter bribery, illegal court decisions) have led to the fact that most elected positions are held by persons who do not meet integrity standards. It is stated that the main content of political corruption is corrupt forms of dynamic policy implementation, abuse of power, lobbying for political and economic decisions beneficial for corporate groups, political patronage, bribery, etc. The content is also a set of different in content and degree of public danger of illegal acts committed to achieve political goals, significantly affect the formation and functioning of government and administration, their adoption and implementation of political decisions, distorting the political and economic course of the state. It is concluded that political upheavals, deepening the gap in the social stratification of society, criminalization of all spheres of public life, manifestations of regional separatism, confessional and other confrontation - this is not a complete list of consequences of political corruption in Ukraine. The presence of the above negative phenomena indicates the low efficiency of legal regulation of social relations, internal threats to both man (citizen), society and the state, and the threat of degradation of the legal system of the state. This is a consequence of the existing political corruption in Ukraine, a manifestation of the fact that the legal system of Ukraine does not meet the new requirements of society.

scholarly journals TRANSFORMATION OF STATE SOVEREIGNTY IN MODERN CONDITIONS OF CONSTITUTIONAL LAW DEVELOPMENT

2021 ◽  
pp. 62-65
Author(s):  
V. Shamrai ◽  
I. Sliusarenko
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Constitutional Law ◽  
Effective Means ◽  
Legal Reform ◽  
Legal Regulation ◽  
The State ◽  
State Sovereignty ◽  
Legal Standards ◽  
Legal Globalization

The article deals with theoretical and methodological approaches to the essence of the state sovereignty in modern conditions of legal globalization and European interstate integration from the point of view of searching for effective means of complex legal modernization of society. The author analyzes the legal content of this category, shows its specific features, reveals the importance of the processes of improving the basic elements of social relations and constitutional modernization of society and the state in modern conditions of legal globalization and European interstate integration. The need for further improvement of constitutional and legal regulation of the most important social relations as a key direction of legal modernization of social relations in a modern democratic state based on the fundamental foundations of European constitutionalism is underlined. At the same time, at the doctrinal level, there is no doubt that the Constitution of Ukraine has a certain degree of almost all the well-known features of the world, in particular, the European, constitutions. Summarizing the above, we consider it necessary to highlight the following main formal and legal features of the Constitution of Ukraine, which is the fundamental ground for modern constitutional and legal reform in our state: 1) a special subject accepting (people's character); 2) the fundamental (institutional) nature; 3) stability is coupled with dynamism; 4) reality; 5) formal and legal properties: the Constitution – the Fundamental Law of Ukraine; its highest legal force; Constitution – the legal base of legislation; A special procedure for making and amending; Special content and structure of the Constitution; Direct effect of its norms. This list is not exhaustive, but in our opinion, it is optimal for defining the main tasks and principles of constitutional and legal reform in the current conditions of legal globalization and European interstate integration. Thus, with the improvement of the Constitution of Ukraine as the main source of constitutional law of Ukraine, it is necessary to focus not only on the modernization of certain institutions that regulate it, but also on the strengthening of its legal properties in general. In other words, the leading role of the Constitution in the system of sources of constitutional law of Ukraine is due to its inherent legal properties, ensuring their effectiveness in society and is a priority task of modern constitutional and legal reform. Thus, under the constitutional and legal reform, in today's conditions of legal globalization and European interstate integration, it is necessary to reform of the sphere of constitutional law directly as a leading national branch of law of Ukraine, the formally-legal improvement and improvement of the constitutional legal material at all its system levels, as provisions, institutions, sub-sectors and industry as a whole. It should also be noted that the subject and object of the branch of constitutional law varies in modern conditions under the influence of a whole range of objective factors of legal and political reality, in particular, it refers to the processes of legal globalization and intergovernmental integration, which, in turn, internally causes the emergence of new branches and subnets of national law, strengthening the internationalization of constitutional law and the constitutionality of international and European law, the adaptation of domestic constitutional laws and to basic European legal standards as a prerequisite quality of the constitutional and legal reform in accordance with objectively existing conditions of society. The need for further improvement of the constitutional and legal regulation of the most important social relations as the most important line of public power in the context of the perception of the European legal system by the national legal system of Ukraine

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

On the emergence of new branches in the legal system of Ukraine

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Zemko Alla ◽  
◽  
Pyndor Yulia ◽  
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Human Life ◽  
Legal Regulation ◽  
Current Approach ◽  
Modern World ◽  
Negative Attitudes ◽  
Global Trends ◽  
Qualified Personnel ◽  
Regulation Method

The article analyzes the current approach to the identification of new branches in the legal system of Ukraine.The modern world does not stand still and is constantly evolving and gives impetus to the development of all spheres of human life, respectively, there are relationships that require legal regulation.Some scholars believe that in the presence of an independent subject of legal regulation, its ownmethodology of legal regulation and a set of specialized legislation, it is possible todistinguish an autonomousbranch of law. It is determined that the emergence of new branches of law is hindered by the dominant concept of the existence of only the main ones. Proponents of this concept categorically reject the possibility of the existence of relevant secondary, complex branches of law. This scientific approach inhibits the study of modern social relations. Negative attitudes towards the separation of new branches of law inevitably lead to gaps in the field of special legal research and, as a consequence, to a lack of qualified personnel with specialized knowledge. It is suggested to take into account the positive experience of foreign colleagues of lawyers who boldly present the achievements of current practices and are not afraid to consider them branches of law, we mean educational, sports, military, gender, «cryptocurrency», admiralty law and others. It is concluded that the division of law into new branches allows more effective regulation of legal relations in relevant areas, given that global trends are increasingly in demand for universal lawyers, but with specialization, with in-depth knowledge in one or more areas of law. Keywords: branch of law, subject of legal regulation, method of legal regulation, complex branch of law

scholarly journals GEOGRAFIA POLÍTICA E O SETOR MINERAL: as proposições legislativas que impactam a gestão dos territórios com mineração no estado do Pará – 2011 a 2016

2018 ◽  
Vol 4 (12) ◽  
pp. 45
Author(s):  
Luana Faria Medeiros
Keyword(s):  
Social Relations ◽  
The State ◽  
The Political ◽  
Conflicts Of Interests ◽  
Political Aspect ◽  
Mineral Sector ◽  
The Social ◽  
Politica Publica ◽  
Toma De Decisiones ◽  
The Government

POLITICAL GEOGRAPHY AND THE MINERAL SECTOR: the legislative propositions that impact the management of the territories with mining in the state of Pará – 2011 to 2016GEOGRAFÍA POLÍTICA Y EL SECTOR MINERO: las proposiciones legislativas que impactan la gestión de los territorios con la minería en el estado de Pará – 2011 a 2016O presente trabalho tem o objetivo de resgatar o campo da política na Geografia, no contexto da atividade mineral no estado do Pará, principalmente diante de vários entendimentos de que os conflitos de interesses nas sociedades e nos territórios se resolvem também pelo viés político; partindo de uma leitura teórica do conceito de território, poder e política, onde essa tríade será determinante para o entendimento das proposições legislativas dos anos de 2011 a 2016 voltadas para a mineração, e da análise da gestão política e territorial no setor mineral paraense e seus impactos na sociedade a partir das políticas públicas. A relevância da pesquisa está no aspecto político que envolve a tomada de decisão que é essencialmente importante nas relações sociais de poder do Governo do Estado do Pará que, materializadas, causam impactos no território com mineração, sobretudo na utilização da taxa mineral, instrumento regulador de ação no território.Palavras-chave: Território; Poder; Política; Mineração.ABSTRACTThe present work aims to redeem the field of politics in geography, in the context of the mineral activity in the state of Pará, mainly faced with various understanding that conflicts of interests in societies and territories also resolve by bias Political; Starting from a theoretical reading of the concept of territory, power and politics, where this triad will be decisive for the understanding of the legislative propositions of the years of 2011 to 2016 focused on mining, and the analysis of the political and territorial management in the mineral sector Pará and Its impacts on society from public Policy. The relevance of the research is in the political aspect which involves the decision making which is essentially important in the social relations of the Government of the state of Pará that, materialized, cause impacts on the territory with mining, especially in the use of the mineral rate, Action-regulating instrument in the territory.Keywords: Territory; Power; Policy; Mining.RESUMEN El presente trabajo pretende redimir el campo de la política en geografía, en el contexto de la actividad minera en el estado de Pará, frente principalmente a diversos entendimientos de que los conflictos de intereses en sociedades y territorios también se resuelven por sesgo Política. A partir de una lectura teórica del concepto de territorio, poder y política, donde esta tríada será decisiva para la comprensión de las proposiciones legislativas de los años de 2011 a 2016 se centró en la minería, y el análisis de la gestión política y territorial en el sector minero de Pará y Sus impactos en la sociedad de la política pública. La relevancia de la investigación está en el aspecto político que implica la toma de decisiones que es esencialmente importante en las relaciones sociales del gobierno del estado de Pará que, materializadas, causan impactos en el territorio con la minería, especialmente en el uso de la tasa mineral, Instrumento de regulación de la acción en el territorio.Palabras clave: Territorio; Poder; Política; Minería.

scholarly journals Interests of participants in technology transfer and the mechanism of their provision

2020 ◽  
pp. 116-121
Author(s):  
Kseniia Ivanova
Keyword(s):  
Technology Transfer ◽  
Social Relations ◽  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
Protective Mechanism ◽  
Main Body ◽  
Transfer Of Technology ◽  
Innovative System ◽  
The Relationship

Problem setting. One of the subsystems of the National Innovative System is the field of technology transfer. Considering the NIS from the point of view of the interests pursued by its participants (subjects), the mechanism introduced by the legislator, providing legal regulation of certain social relations, directly depends on what interests they pursue. Analysis of recent researches and publications. The following scientists drew attention to the problems of regulation of relations in the field of technology transfer: O. M. Davydiuk, Yu. M. Kapitsa, D. S. Makhnovsky, V. S. Milash, O. P. Orlyuk, B. M. Paduchak, O. E. Simson. However, further study of these relations remains relevant especially in view of the constant updating of current legislation. Target of research is to analyze the mechanisms for satisfying the interests of participants (subjects) of technology transfer, which are introduced in the current legislation and are proposed for the future. Article’s main body. Considering the national innovative system from the point of view of the interests pursued by its participants (subjects), we can distinguish the interests of the author of the technology, recipient, technology donor and the state, whose interests determine the overall vector of the transfer process. The primary subject in technology transfer is the author of the technology – an individual who can act as a direct participant (subject) of technology transfer and be its donor, who independently decides the legal fate of the technology and / or its components. However, the author of the technology may not be a donor when it comes to the relationship between him and his employer as a performer of scientific research and development work for the budget. In this case, although the technology is created by the direct work of the author-employee, property rights to the technology are assigned to the enterprise, research institution, organization or institution of higher education as the executor of these works (organization-developer), and the author is entitled to royalties. Thus, a compromise is reached between the parties and provides the necessary balance of interests of the employer and the author. In the transfer of technology, which occurs through the conclusion of the contract, the interests of the parties to the contract are mutually conditioned. These entities, realizing their property interests, act in contractual relations on the principle of dispositiveness, ie equality of the parties, and the state does not interfere in these relations. And only when the sphere of interests of the subjects of transfer affects the interests of the state, the relationship is complicated by the establishment of additional requirements and / or procedures (in particular, the export of technologies created or purchased from the budget). The interest of the state in this case is due to the purpose of preserving national and technological security, control over the misuse of budget funds during the financing of R & D, solving other strategic tasks. The protective mechanism of legal support of the state’s interests introduced in the Law is implemented through the establishment of requirements for the use of technology and / or their components, created or purchased for budget funds, mainly on the territory of Ukraine; conducting state expertise for technologies and / or their components, which are purchased for budget funds (including through their import). Meanwhile, the world practice is aware of other means aimed at protecting the interests of the state, such as control over the re-export of technology in order to eliminate the possibility of further transfer of technology from its donor to others. Conclusions and prospects for the development. The field of technology transfer is characterized by a combination of imperative and dispositive methods of legal regulation. When concluding a technology transfer agreement, the parties agree on its terms, based on their own interests and the requirements for certain types of agreements. However, lawyers note: the wider the range of interests (individual, group), which are directly or indirectly affected by the contract, the more important should be the degree of legal regulation. Therefore, when it comes to the interests of the state, the legislator should not neglect the ability to imperatively determine the requirements to be met by the parties in technology transfer and which provide for the implementation of additional incentives for the introduction of domestic technologies into circulation, their practical application in production.

scholarly journals Conceptual Approaches to the Problem of national Security Concept

2021 ◽  
Vol 80 (1) ◽  
pp. 21-27
Author(s):  
Ю. О. Загуменна
Keyword(s):  
Public Relations ◽  
National Security ◽  
Social Relations ◽  
Public Support ◽  
The State ◽  
National Interests ◽  
Security Sector ◽  
Progressive Development ◽  
Goals And Objectives ◽  
Special Protection

A comprehensive theoretical and legal study of the transformation of ideas about the nature of national security reform in domestic jurisprudence has been carried out. The author has defined the priorities and directions of the reform in the field of national security and, more importantly, its theoretical and methodological basis. It has been determined that the main object of the reform in the field of national security is the whole complex of public relations, which is subject to special protection by the system of entities of ensuring national security. The system of such social relations is centered around the defining national interests, which usually include the vital interests of a man, society and the state and the implementation of which ensures the state sovereignty, its progressive development, and safe living conditions and welfare of citizens. It has been noted that the main purpose of national security reform is to improve legislation and governance in the national security sector, which can provide qualitative strengthening in accordance with current and future needs of society to protect key national interests from external and internal real and potential threats. It has been concluded that national security is not considered in modern, both domestic and international science, exclusively as an “acquisition” and a sphere of monopoly responsibility of the state; we cannot eliminate the active participation of civil society structures, which should exercise public control over the course of such a reform and, if necessary, should have the tools of close communication with state authorities at the stage of initiating the reform, constructing its goals and objectives, directions and perspectives and at the stages of its implementation. Restriction of the capacity of the state, especially in times of economic crisis, highlights the need to optimize the participation of non-government actors in ensuring national security. Obviously, such activity of the non-governmental sector should be strongly encouraged by legislative instruments, legitimizing measures for national security reform through its close involvement and providing them with additional public support.

scholarly journals New institutional challenges to the educational space: security as a criterion for development in the conditions of digitalization

2020 ◽  
pp. 81-93
Author(s):  
Sergei Vladimirovich Rabkin
Keyword(s):  
Social Development ◽  
National Security ◽  
Social Relations ◽  
Digital Technologies ◽  
Interdisciplinary Approach ◽  
The State ◽  
Internal Factors ◽  
Sociocultural Processes ◽  
Institutional Challenges ◽  
The Impact

The subject of this research is the institutional transformations of educational space associated with the global processes of digitalization of social relations, as well as internal factors in cooperation between society and the state with regards to determination of the criteria of security for their development. Using the general methodology of institutional analysis, methods of analogy and summary, as well as interdisciplinary approach towards studying the educational space, the author considers the questions of implementation of digital education technologies under the conditions of current sociocultural transformations. Special attention is turned to the balance between rational and immaterial factors that affect the formation of modern educational space, and thereby, specification of the new institutional challenges to the security of social development. The conducted analysis of the problems of implementation of such technologies in the system of higher education leads to the conclusion on the need for assessing the effectiveness of implementation of digital technologies in accordance with the institutional criteria that imply not only the impact of both, rational and immaterial factors of social development. The institutional nature of these factors is insufficiently studied, however determines the possibility of application of cognitive models in solution of the tasks aimed at ensuring national security in the conditions of digitalization of sociocultural processes. Therefore, the crucial institutional criterion that defines the effectiveness of implementation of digital technologies in the educational space consists in its security in all regards. The proposed institutional-criteria approach allows the state and society to focus on ensuring security of the educational space in the context of solution of relevant tasks of ensuring national security of the Russian Federation.

scholarly journals CRIMINAL LIABILITY FOR CRIMES AGAINST NATIONAL SECURITY

2021 ◽  
Vol 3 ◽  
pp. 72-88
Author(s):  
A. Polianskyi ◽  
O. Polianskyi
Keyword(s):  
National Security ◽  
Criminal Liability ◽  
Research Process ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
State Control ◽  
Basic Law ◽  
System Method ◽  
Process System

This research paper analyzes the current Legislation of Ukraine in the field of criminal liability for crimes against national security. It is noted that prevention of this type of crime is one of priorities of criminal law policy that aims to preserve national sovereignty and its independence proclaimed by the Constitution of Ukraine, as well as ensuring its economic and information security are the most important functions of the state. Scientific achievements of leading scientists in the field of criminal liability, crimes against national security are analyzed. Their work part changes or additions to relevant provisions of the Criminal Code of Ukraine has been studied. General scientific (dialectical, systemic) and specific scientific methods became research methods. Dialectical method made it possible to determine the general state and prospects of research on the legal regulation of criminal liability for crimes against national security. Using the system method that was used in the research process, system of legislation of the outlined issue is determined. While analysis of current regulations in force in Ukraine in the field of criminal liability for crimes against national security formal and legal methods were used. Definition by the Basic Law of the country of the most important functions of the state of the issue of protection of sovereignty and territorial integrity of Ukraine ensures this research relevance. Due to the threat posed by aggression in the east, that began in 2014, the crime rate is gaining momentum. The need for enhanced state control and the introduction of effective mechanisms, in terms of strengthening criminal liability for planned crimes is becoming urgent.

scholarly journals Digital Law and Problems of Gradual Transformation of the Russian Legal System

Lex Russica ◽  
2019 ◽  
Vol 1 (9) ◽  
pp. 9-18
Author(s):  
V. N. Sinyukov
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Culture ◽  
Legal Regulation ◽  
Legal Tradition ◽  
Legal Form ◽  
Culture Development ◽  
Digital Law ◽  
Gradual Transformation

The relevance of the topic of the balance between the system of law and processes of digitalization of legal regulation is preconditioned by fundamental changes that are taking place in the legal system of Russia due to current technological challenges. The author qualifies changes under consideration as the processes of gradual transformation of law and its system. The article explores the dynamics of evolution of the legal understanding of the world due to technical progress. The author concludes that the new technological lifestyle pattern changes not only the usual lifestyle of people, but also the nature of legal regulation. The problem of consistent legal interpretation of the technological revolution is presented. It is concluded that the preservation of the systemic unity of the legal form is possible on the basis of the step-by-step revision of foundations of macroorganization of law. The paper demonstrates the difference between the current period of development of law and the classical epoch that proves the fact that the legal culture is about to include the virtual world into its subject matter. A sectoral approach based on monodimensional or complex subjects and methods of legal regulation can no longer provide for the comprehensive understanding of the nature of law. The paper depicts the evolution of notions of the norm and institute of law on the basis of symbiosis of deontic and behavioral elements that characterize the concept of legal technology. The conclusion about normativity of technological processes is made. The article substantiates the place and role of digital law in the process of gradual transformation of the legal system. The article justifies the provision that digital law performs the function of restructuring the legal system. The article reveals the subjects and methods of digital law as a source of law having impact on social relations. The author suggests the concepts of digital environment that creates a new type of lawyerism, namely: digital and analog law, and describes the correlation between them. The author puts forward the hypothesis of fundamental and applied law, describes their subject areas. On the basis of the analysis of the structural evolution of the legal system in the context of technological changes, the author provides for the forecast of parameters of the future legal order. It is concluded that conflicts of virtual and classical legal orders can be resolved under norms of digital law that eliminate the contrasting sides of legal permits and prohibitions. The author poses the issues regarding subjects of digital legal culture development, the new legal language, the role of analog law in restructuring the legal system, the balance between digital law and national legal tradition. The hypothesis of national models of digitalization of legal culture is put forward.

To the Issue of Bringing Legal Definitions in the Normative Legal Regulation of National Security and Its Individual Types into a Single System: Legal and Theoretical Dimension

2021 ◽  
Author(s):  
O.A. Kolotkina ◽  
Keyword(s):  
Strategic Planning ◽  
National Security ◽  
Legal Regulation ◽  
The State ◽  
Federal Law ◽  
National Interests ◽  
Legal Space ◽  
Industry Affiliation ◽  
Definition Of ◽  
The Individual

The article deals with the issues related to the definition of the essence, role and meaning of legal definitions in the regulatory legal regulation of national security. The author emphasizes the uniqueness of the phenomenon of national security, which acts as a guarantor of ensuring the national interests of the state, society, and the individual and as a basis for the unhindered implementation of the strategic national priorities of the state. It is possible to ensure these interests and implement strategic priorities by creating an effective legal regulation that includes various legal means, as well as regulatory requirements. An important role in the regulatory legal regulation is played by legal definitions, which contain definitions of concepts that act as integral elements of the legal basis for ensuring national security. It is indicated that legal definitions of concepts are generally binding and contribute to the formation of a single legal space. It is stated that the current Federal Law «On Security» does not contain a legislative definition of key concepts in the field of national security. The article raises the problem of unification of the conceptual and categorical apparatus in the field of ensuring national security, through the adoption of fundamental documents of strategic planning. The author attempts to evaluate the legal definitions in the field under consideration in terms of their universality and industry affiliation, the problems of the completeness of their textual expression, as well as the state policy implemented in the field of national security. The author proposes the formulation of the concept «national security», which could become the basis for adjusting the legal definitions of certain types of national security, enshrined in legislative acts and strategic planning documents. The functions of legal definitions in the regulatory legal regulation of national security are identified and disclosed.

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