scholarly journals FORMALLY UNCERTAIN TERMS AS A MEANS OF LEGAL INFLUENCE

2020 ◽  
Vol 73 (4) ◽  
pp. 27-32
Author(s):  
Оleksandr Kurakin ◽  
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Modern Society ◽  
Legal Regulation ◽  
Legal Norm ◽  
Social Significance ◽  
Legal Norms ◽  
Legal Response ◽  
Ability To Act ◽  
The Subject

The effectiveness of legal influence on relations in modern society is determined along with other factors and the perfection of legal terminology used in regulations. The need to improve the quality of legal activity in Ukraine necessitates the study of the regulatory possibilities of legal terms, among which a special place is occupied by formally indefinite terms that cause formal uncertainty of legal norms. The use of formally indefinite terms in legal norms and the issue of legal influence in the domestic literature are not specifically considered, respectively, need further study to formulate certain scientific generalizations and practical recommendations that can be used to improve the legal regulation of public relations in Ukraine. The author proposes to consider the valuation concepts as enshrined in the legal norm abstract characteristics of the social significance of real or potential facts. It must be specified during its application or implementation. This ensures the legal response of the state to all individualized facts, which are characterized by the significance fixed in the legal norm. In addition, the specific features of intermediate concepts that distinguish them from the evaluative and formally defined are highlighted. Analyzing them, the author concludes that the categories of "legal regulation" and "legal influence" are correlated as general and specific, and the boundary separating them is quite conditional. Noting the inseparability of legal influence and legal regulation, the author points out that at the same time does not deprive them of differences. The subject of legal regulation is somewhat narrower than the subject of legal influence. The latter includes such economic, political and social relations, which are not regulated by law, but to which they in one way or another extend their influence. If legal regulation, as a special legal influence, in any case is associated with the establishment of specific rights and obligations of subjects, with direct instructions about what is necessary and possible, the legal influence is not always. The relationship, unity and separation of legal influence and legal regulation suggest the need for a generalized approach to these legal phenomena. This position is confirmed by the author, focusing on formally vague norms, in particular those that contain intermediate concepts. Such concepts have a special ability to act as a means of legal influence, both related and unrelated to legal regulation. This ability stems from the properties of intermediate concepts, primarily from the ability to be a means and source (and this is the influence) of legal regulation. Summing up, the author notes that one of the means of legal influence, which accompanies legal regulation and is not directly related to it, are formally vague, in particular, intermediate (semi-valued) concepts. The study of this category of legal terms, their place and role in legal techniques, the ability to regulate public relations and influence them is one of the ways to determine ways to improve the legal regulation of social relations in the modern state.

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.

scholarly journals Procedural problems in cases of tax violations discovered in the course of tax audits (Article 101 of the Taxation Code of the Russian Federation)

2020 ◽  
pp. 46-57
Author(s):  
Konstantin Evgenevich Shilekhin
Keyword(s):  
Statistical Analysis ◽  
Russian Federation ◽  
Social Relations ◽  
Document Analysis ◽  
Legal Regulation ◽  
Legal Norms ◽  
The Social ◽  
The Subject ◽  
The Russian Federation ◽  
Empirical Material

The goal of this article lies in studying the problems of administration of law in the course of brining taxpayers to tax liability and formulation of recommendations of their elimination. The object of this research is the social relations characterizing tax liability and procedural order in this regard. The subject is the legal norms establishing liability for tax violations, as well as regulation the activity of tax and judicial bodies pertinent to application of the fiscal legislation of the Russian Federation. Research methodology is based on the dialectical method of cognition of social reality. For collection, processing, generalization, analysis and interpretation of empirical material, the author uses the methods of induction and deduction, statistical analysis and document analysis. The conclusion is made on the weakness of normative legal regulation of separate procedures of legal investigation on tax violation in terms of the Article 101 of the Taxation Code of the Russian Federation. The author suggest making a number of amendments to the fiscal legislation to improve the mechanism of holding the taxpayers liable.

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.

scholarly journals GAPS IN THE CONTRACT FOR PAID MEDICAL SERVICES

2021 ◽  
Vol 37 (1) ◽  
pp. 80-83
Author(s):  
A.M. Shakhaeva ◽  
◽  
D.A. Verdieva ◽  
Keyword(s):  
Health Care ◽  
Medical Care ◽  
Modern Society ◽  
Legal Regulation ◽  
Medical Services ◽  
Social Significance ◽  
Legal Norms ◽  
Specialized Care ◽  
The Right

The relevance of the research topic is determined by the importance of medicine for modern society. The right of a citizen to timely medical care is enshrined in the Constitution of the Russian Federation and is one of the most important social obligations of the state. The need for legal regulation of this sphere arises from the variety of types of medical care and the variety of medical services. Taking into account that medicine affects the health of citizens and if the quality of services is inadequate, it can lead to significant harm to the patient, up to death, the legal basis for providing medical services should be elaborated in detail and avoid double interpretation of various legal norms. With the introduction of market principles in Russia, a new sphere of providing medical services to the population – paid. This allowed us to solve a number of problems related to improving the quality of medical services, their availability in terms of receiving highly specialized care, and reducing the burden on the insurance medicine system. At the same time, the need for a detailed legal justification for the provision of such services has become obvious, and, first of all, the issues of the contract for paid medical services, as the main form of business relations, enshrined in civil law. It is necessary to pay attention to the fact that in modern Russian legislation there is a certain discrepancy between the social significance of the health care industry, as well as the constitutional status of the right to health protection and an unreasonably low level of theoretical justification for the branch legal regime in this area of health care. Therefore, it is necessary to further modernize certain provisions of medical law that regulate various aspects of the provision of medical services. This includes issues related to the contract for paid medical services.

scholarly journals Interpretation of Legal Norms as an Optional Component of the Legal Regulation Mechanism

2021 ◽  
pp. 252-256
Author(s):  
T. I. Tarakchonych
Keyword(s):  
Rule Of Law ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Norm ◽  
Regulation Mechanism ◽  
Important Place ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Legal Obligations ◽  
Definition Of

The article draws a special attention to the definition of such important categories of legal science as «interpretation of legal norms», «mechanism of legal regulation», «stages of legal regulation mechanism». The particular attention is paid to the understanding of the mechanism of legal regulation and its stages. The mandatory and optional stages of the legal regulation mechanism is distinguished. It is emphasized that the mandatory stage provides for the need to regulate certain social relations, which, first of all, are modeled, detected and implemented in certain subjective rights and legal obligations. The optional stage includes the necessity for an official interpretation of the legal norm in the process of its application. The place and role of interpretation of the rules of law in the mechanism of legal regulation have been determined. The article defines that the interpretation of legal norms is a process of clarifying of the content of the rule of law by the relevant subjects in order to ensure an unambiguous understanding of the content, its accurate and balanced application by both authorized and relevant entities in specific legal relations. The research at the general theoretical and methodological level distinguishes the essence and peculiarities of interpretation of legal norms, functional orientation, methods and means of its implementation. It is noted that the interpretation of legal norms ensures an unambiguous understanding of the rule of law, has an informational orientation and forms the legal consciousness of the subjects, the motivation for their behavior, is the basic basis for the development of the legal culture of society, the determinant of legal influence and the basis for improving legal regulation. The article states that the interpretation of legal norms has an important place in the mechanism of legal regulation along with its other components. It is characterized by the fact that it is carried out by analyzing of legal norms through a system of legal assessments, views, ideas, etc. Keywords: legal norm, interpretation of legal norms, functions of interpretation of legal norms, legal regulation,mechanism of legal regulation, stages of legal regulation mechanism

scholarly journals Methodological Aspects of the Dynamics of Legal Relationships as a Social and Legal Phenomenon

2021 ◽  
Vol 18 (4) ◽  
pp. 398-412
Author(s):  
I. L. Vershok
Keyword(s):  
Locus Of Control ◽  
Social Action ◽  
Mutual Recognition ◽  
Legal Regulation ◽  
Legal Norm ◽  
Legal Consciousness ◽  
Legal Validity ◽  
Legal Norms ◽  
Legal Relationship ◽  
The Subject

The article is devoted to the study of legal relationship as a phenomenon that exists in two modes of being of law: legal reality and legal validity. Classical approaches to the definition of a legal relationship as a social relationship regulated by law are criticized. The understanding of the legal relationship as a result of the implementation of legal norm is also criticized. It is recognized that these approaches do not fully provide a scientific characteristic of legal relationships as a social and legal phenomenon. Instead of the usually distinguished elements of a legal relationship in the form of a subject, object and content, it is proposed to study its dynamic parameters. The dynamics of a legal relationship is considered as a result of the intentionality of the legal consciousness of its subject. In legal reality, a legal relationship is studied as a social action in the conditions of adaptation of the subject to the environment. This legal relationship is due to the general normativity of biological, social and technical origin. The vital normativity of legal reality is considered as a determinant of legal relations. The locus of control in this legal relationship is focused on the subject exercising its rights and fulfilling its obligations. In legal validity, the legal relationship is due to the intentionality of the legal consciousness of the subject to implement legal norms through legal interaction with other participants in the legal relationship. The normativity of legal reality is based on legal regulation through legal acts (individual and general). In such a legal relationship, the subjects exercise their legal capabilities to the fulfillment of the legal duties assigned to other subjects. The locus of control is shifted to other participants in the legal relationship who exercise their rights and perform legal duties. In legal interaction, mutual recognition of the right is provided by the instance and/or the party of the legal relationship. In the legal validity, the physical, social and value, as well as vital normativity are supplemented by legal normativity. It is designed to neutralize social contradictions caused by the limitations of space, as well as the irreversibility of time. It is proved that the proposed concept of legal relations contributes to the solution of practical issues of the primacy of the legal norm or legal relationship, the revision of the criteria for differentiation of the legal system, the determination of the ratio of legal relations and offenses, the scientific consideration of some sectoral problems of the classification of legal relations. It is noted that the proposed concept of a legal relationship as a social action or legal interaction is quite conditional and applicable for cognitive purposes. In practice, quite often there is an intersection or mutual overlap of one type with another, a transition from legal reality to legal reality.

scholarly journals Components of the normative element in the mechanism of legal regulation of civil relations

2020 ◽  
Vol 11 (11) ◽  
pp. 47-52
Author(s):  
Kostruba A. V.
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Structural Adjustment ◽  
Legal Regulation ◽  
The State ◽  
Private Life ◽  
Legal Norm ◽  
Real Field ◽  
The Real ◽  
Regulatory Influence

The article is devoted to the study of the structure of the normative element of the mechanism of legal regulation of social relations. The mechanism of legal regulation of relations is considered as a system of legal means, methods and forms which regulate social relations. At the same time, under current conditions of the society development such regulation is achieved with minimal normative of the state. Scientists claim the variability of the normative element of the mechanism of legal regulation of social relations. The normative regulator is not the only way of influence on the subject’s assessment of abilities in the social environment. The abovementioned is manifested in the field of relations free of the state imperative pressure – relations, which formation is conditioned by the sphere of a person’s private life. Legal regulation of social relations in this field is achieved through the mediation of other regulators which have a common nature with the legal norm but a subjective limitation of their obligation. Variability of the parameters making their content and essence may not always be fit into previously established normative regulators. Therefore, the legal norm may not regulate certain types of social relations. Moreover, the disposition of legal norms may not even meet the real needs of the subjects of a particular relationship. Or vice versa, a legal norm may contain only declarative principles or definitions, complicating the appropriate level of legal regulation of relations. It is proved that legal norm is not a fundamental element of the mechanism of legal regulation of social relations, through which relations between the society members from the essential field to the real field and formation of corresponding legal relations between them are regulated. Corresponding regulatory influence is provided by other regulators of various legal nature, but of identical axiological significance. The author argues that along with the legal norm the legal means for ensuring the mechanism of legal regulation of public relations include alter-normative regulators (agreement, practice), which represent a mutually agreed formation and further application of a corresponding normative structure to the specific model of behaviour of the participants of legal relations. Besides, over-normative (legal principles) and quasi-normative (judicial acts) regulators are distinguished along with normative and alter-normative regulators. Since regulatory influence on public relations goes beyond the legal norm, the corresponding element of the mechanism of legal regulation requires its structural adjustment. The scientist coins a term a normative construct as set of legal concepts identical to the legal norm for description of an element of the mechanism of legal regulation of social relations Key words: mechanism of legal regulation of social relations, normative construct, agreement, practice, principles of law, legal norm, court decision.

scholarly journals PUBLIC AND LEGAL RELATIONS AS A SPHERE OF JUDICIAL PROTECTION OF VIOLATED RIGHTS, FREEDOMS, AND INTERESTS

2021 ◽  
Vol 7 (2) ◽  
pp. 219-223
Author(s):  
Vyacheslav Tylchyk ◽  
Viktor Leschynsky
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Self Regulation ◽  
Legal Regulation ◽  
Functional Method ◽  
The State ◽  
Public Authorities ◽  
Legal Form ◽  
Legal Norms ◽  
Administrative Proceedings

The role of legal relations in legal science cannot be overestimated, especially given the expansion of the boundaries of the subject of administrative law, which leads to the need to rethink its content. Legal relations can be defined as a kind of phenomenon that is a sign of a systemic connection and includes law in its subjective and objective sense. This is due to the fact that the law without legal relations loses its practical meaning, even in the case of certain material leverage. An important statement in the context of scientific research is that law is a real element of public life only when its existence is mediated by legal relations. It is clear that the sphere of public and law relations is much narrower in terms of the volume of social relations in general, which are due to the presence of phenomena that, crystallizing through the prism of legal regulation, acquire legal consolidation and significance. Analysing social relations (individual phenomena, institutions), scientists automatically transfer them to the legal plane. In this case, it is not possible to state the equal importance of social relations and law in legal relations, because the first will fill the legal gaps that will be the cornerstone of their order, and the conceptual apparatus of such a system will have to affect the legal form of law enforcement or vice versa. The reflexivity of a person’s perception of social norms expressed in the balance of social relations and law in legal relations can be established only by analysing not only legal norms but also social relations, which they organize in a “volumetric” sense. It is clear that such a process should not turn into a mechanical increase in legal regulation, but take into account the peculiarities of social relations, which, in fact, indicate anthropocentrism rather than the fact of priority or importance for the state as a subject (participant). In this context, it should be noted that today it is extremely difficult to determine which relations are most important for the state; moreover, the balance of human-centrism seems unclear, because without the participation of public authorities in the declared “self-regulation” to reach any “stability” whether it is impossible to overcome the negative phenomena. Methodology. The solution of the tasks is carried out using the cognitive potential of the system of philosophical, general scientific and special methods. Constitutionalism and synthesis allowed to define attributes and essence of the concept of “public law relations” and create this and other concepts. Using the form of analysis – systematization – the problems of classification of disputes in the field of public relations are identified, which are resolved by administrative courts. The structural and functional method is used during the characterization of public and law relations as a sign of a dispute, which is resolved in administrative proceedings and the study of the structure of the judicial administrative process. Methods of linguistic analysis and interpretation of legal norms helped identify gaps and other shortcomings in the legislation, develop proposals for its improvement.

scholarly journals The Arctic and global warming: adaptation to climate change and environmental protection

2022 ◽  
pp. 1-16
Author(s):  
Nikolai Kudelkin
Keyword(s):  
Climate Change ◽  
Global Warming ◽  
Social Relations ◽  
Legal Regulation ◽  
The Arctic ◽  
Adaptation To Climate Change ◽  
Legal Norms ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the legal norms that regulate social relations arising in the context of implementation of measures aimed at global warming prevention and adaption to climate change. The goal of this work lies in formulization of theoretical and practical conclusions and recommendations for the improvement of legal regulation in this sphere based on the analysis of legislation, policy documents of different countries, as well as information and data pertinent to climate change. Methodological framework is comprised of the logical techniques, means of cognition, general scientific and special methods, such as analysis, synthesis, analogy, deduction, induction, comparative-legal, formal-legal,  etc. The relevance of this topic is substantiated by the continuous global warming worldwide, particularly the temperatures in the northern polar region. At the same time, the experts note that the efforts made by the international community to reduce greenhouse gas emissions neither decelerate the global warming, nor reduce the concentration of such gases. This means that that the efforts should be aimed at adaptation to the new climatic realities. The article examines the questions related to climate protection, as well as adaptation to climate change applicable to the Arctic. A number of theoretical and practical conclusions and recommendations are made. For protection of the Arctic environment in the conditions of changing climate, it is necessary to stipulate in the Russian legislation such legal instrument as the strategic environmental assessment, at least for projects implemented in the Arctic Zone of the Russian Federation.

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.

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