scholarly journals INSURANCE FUNCTIONS AS AN OBJECT OF FINANCIAL AND LEGAL REGULATION

2021 ◽  
Vol 13 (3) ◽  
pp. 163-168
Author(s):  
Viktoriia Bondarenko ◽  
◽  
Nataliia Pustova
Keyword(s):  
Public Relations ◽  
System Analysis ◽  
Financial System ◽  
Legal Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Necessary Condition ◽  
Legal Norms ◽  
Insurance Business ◽  
Business Entities

The functions of insurance as an object of financial and legal regulation are considered. Based on the methodology of the system analysis, an analysis of the current legislation in the field of insurance concerning definition of the insurance concept is carried out. It is noted that today a new sub-branch such as financial and legal regulation of insurance business has appeared in the system of financial law as a branch of law. It combines legal norms that regulate (mainly by the method of authoritative provisions) public relations on the formation, distribution and use of insurance funds, exercise of control and supervisory measures. It also includes legal norms regulating involvement of insurance business entities and other participants in public relations in the field of insurance to financial and legal responsibility in order to protect the rights and legitimate interests of insured persons in insured accidents. Insurance functions occupy a special place in the financial legislation. The distributive, preventive, restorative, saving, risk, control, investment functions of insurance are examined. The factors influencing the investment function of insurance are determined; the role of the National Bank of Ukraine in the implementation of this function is demonstrated. It is stated that the function of forming a specialized insurance money fund to maintain the security and stability of the state financial system is one of the specific functions of insurance. Insurance is an integral part of the financial system of the state, which provides the regular functioning of social development; it is an integral function of the state, a necessary condition for the development and stability. Ukraine’s course towards European integration determines the factors of economic and legal transformations in the country, including the further development of insurance activities.

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.

MEDICAL LAW IN UKRAINE: PROBLEMS AND PROSPECTS OF DEVELOPMENT

2018 ◽  
Author(s):  
Irina Sukhodubova ◽  
◽  
Veronika Irzhavska ◽  
Keyword(s):  
Health Care ◽  
Public Relations ◽  
Health Care System ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Medical Law ◽  
Legal Norms ◽  
Separate Branch ◽  
Care System

The article considers the issue of branch affiliation of medical law. In particular, numerous studies conducted by recognized experts and scientists on the independence of the field of medical law are analyzed. The relevance of the allocation of medical law in a separate branch of law of Ukraine is highlighted. Since the sectoral affiliation of medical law remains uncertain, this indicates the relevance, feasibility and necessity of a comprehensive study of the sectoral affiliation of medical law of Ukraine. In general, it is determined that medical law is a complex branch of law that includes a set of legal norms that regulate public relations in the health care system. The review of literature sources summarizes the state of the legal framework for the regulation of medical activities in Ukraine. When considering various sources and scientific works, the state of the regulatory framework for the regulation of medical activities and the health care system in Ukraine is summarized. The relevance of the allocation of medical law in a separate branch of law of Ukraine is highlighted. For this purpose, state bodies face the task of creating a separate complex branch of medical law. And before scientists - the development of medical jurisprudence as a separate branch of legal science. It can be concluded that such a document as the Medical Code of Ukraine is one of the tools for implementing the state health policy. Methods of improving and overcoming problematic situations in the system of legal regulation of health care are considered. The general provisions of the Medical Code are defined and the important features which should be contained in the corresponding codified act are specified. It is noted that the creation and adoption of an appropriate code will contribute to the quality and effective legal regulation of legal relations in the field of health care, as well as in the field of medical care, should become a reliable foundation of medical law.

scholarly journals STATE CONTROL OF SPHERE USE AND PROTECTION AS A MEANS OF COMBATING CRIMINAL OFFENSES

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 14-22
Author(s):  
Ю. О. Єрмаков
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Legal Regulation ◽  
Active Participation ◽  
State Regulation ◽  
The State ◽  
Necessary Condition ◽  
State Control ◽  
Illegal Mining ◽  
Criminal Offenses

The relevance of the article is that state regulation is a form of activity that is expressed in the establishment by the state of general rules of conduct (activity) of participants in public relations. It is the state, as an apparatus of political power, through its bodies carries out law-making, law enforcement and law enforcement activities. Therefore, the activity of state bodies is a necessary condition for the functioning of the mechanism of legal regulation of public relations. In the functioning of the mechanism of legal regulation, a significant role is played by the law enforcement activity of state bodies, which embodies its activity in the exercise of the relevant powers. The need for active participation of the state in the regulation of subsoil use is connected on the one hand with the active participation of Ukraine in world integration processes, and on the other hand due to the duality of the legal nature of the subsoil. The article considers the peculiarities of the implementation of state control functions in the field of subsoil use and protection. It is noted that the state system of subsoil use control consists of certain elements, the isolation of which, the analysis of their criminogenicity and effectiveness of implementation of their functions by control subjects, provides an opportunity to assess their use by operational units in detecting and documenting criminal offenses. . The efficiency of the functioning of this system is studied, its main parameters influencing the operational situation in the field of subsoil use and protection are determined, namely: the effectiveness of measures at each stage of control over the use and protection of subsoil (preliminary; preparatory; current; those being implemented). in case of violations (by business entities that have permits or by persons engaged in illegal mining)). It is noted: inefficiency of subsoil and environment monitoring; uncoordinated work of controlling bodies; imperfect division of powers between regulatory and law enforcement agencies, their inability to resolve the issue of termination of offenses on their own; dispersion of control powers between Gosgeonadra and Derzhhirnychpromnahlyad; significant corruption component in the activity of permitting bodies.

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.

LEGAL REGULATION OF CERTAIN ADMINISTRATIVE AND ECONOMIC SANCTIONS APPLICABLE BY CIVIL SERVICE OF UKRAINE FOR TRANSPORT SAFETY

2017 ◽  
Author(s):  
Maryna Kovtun ◽  
◽  
Bohdan Shymanskyi ◽  
Vladyslav Harkusha ◽  
◽  
...  
Keyword(s):  
Working Hours ◽  
Legal Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Economic Activities ◽  
State Service ◽  
Commercial Code ◽  
Transport Safety ◽  
Business Entities ◽  
The Individual

The article is devoted to the study of the legal nature of administrative and economic sanction and administrative and economic penalty as its type and separately considered the legality of the application of this type of sanction in a separate case by the State Service of Ukraine for Transport. The scientific positions and approaches to which the type of responsibility should be studied should be studied. It has been established that the positions of scientists are mainly divergent in two directions - some attribute them to economic and legal responsibility, while others to the administrative. The practice of depositing the State Service of Ukraine for transport on the use of an administrative- economic fine to business entities carried out within the territory of Ukraine through the absence of documents containing data of the operation of the device for registration of the registration regime and recreation of drivers (tachographs). On the regulatory and legal basis for regulating the provinces of Ukraine, and the individual provisions of the Commercial Code of Ukraine, the Law of Ukraine "On Automobile Transport", the provisions on working hours and time of rest of drivers of wheeled vehicles, approved by the order of the Ministry of Transport and Communications of Ukraine No340. From the norms of these legislation acts, it becomes clear that the audits on the availability of established tachographs and respectively documents containing data on their work on vehicles carried out internal transportation are not covered by a circle of powers of the State Service for Transport Security. It also notes that administrative courts when considering the appeal of the above-mentioned decisions took the position of the state body and misinterpret the norms of legislation, which in turn leads to the case of unfair decisions that are contrary to the requirements of legislation. It is emphasized on the need to change this false trend in order to avoid illegal interference of state authorities into economic activities of business entities.

scholarly journals ADMINISTRATIVE AND LEGAL PRINCIPLES OF THE FINANCIAL SYSTEM OF UKRAINE

2020 ◽  
Vol 33 (20) ◽  
pp. 95-101
Author(s):  
V.V. Sukhonos
Keyword(s):  
Financial System ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Specific Model ◽  
The State ◽  
Legal Norms ◽  
Legal Principles ◽  
Political Transformations ◽  
Financial Infrastructure ◽  
The Impact

In the course of its economic and legal development, the formation and improvement of the financial system from a legal perspective continues to occur in Ukraine. Today, political transformations in one aspect or another affect the state of the financial system, that is, in some cases, they stabilize it, and in others, unfortunately, lead to its imbalance. At the same time, it should be noted that the financial system of Ukraine, as well as its functions in modern conditions, usually develop in close interaction with other links. Their interaction with the budget system is especially important for the functioning of the financial system itself since it contributes to the financial support of various branches of public life in Ukraine. At the same time, the axiology of the financial system of Ukraine requires analysis of its functional component, since in the legal and economic literature the specified category is still debatable. In addition, the concept of “financial system” is absent both in scientific sources and in the current legislation. The problems of the financial system have already been the subject of research by individual scholars. However, an analysis of their work shows that the administrative and legal aspects of the financial system are only partially revealed. That is why the purpose of this article is to analyze the very concept of the financial system and its components, as well as to study the impact on it of the relevant administrative and legal principles. As a result, it is concluded that finance, as well as the financial system as a whole, is crucial for the development of the state. They serve as the economic basis for the existence of even the state itself. The notion of “finance” is applied not only to the sphere of state property but also to the sphere of the effect of private relations, because in Ukraine the market relations develop. In this regard, finance is regarded as a public-law and private-law category, which is the very foundation of Ukraine’s financial system. Nowadays in Ukraine, there is a tendency of scientific research of peculiarities of legal regulation of a certain type of activity, including financial, because the latter has state-defined elements. Given that the main elements of the financial system include finance: state, local, economic entities of all forms of ownership, the non-productive sphere of activity, the population of the financial market, as well as financial infrastructure, it is possible to improve the definition of the content of the financial system as a set regulated by financial and legal norms individual units of financial relations and financial institutions through which the state creates, distributes and uses centralized and decentralized funds. This definition directly indicates that there is a specific model of legal influence created by a special combination of legal regulation of financial relations in Ukraine. The aforementioned allows convincingly to assert that in Ukraine there is an administrative-legal regime of the financial system, which is functionally oriented to the performance of functions and actions of the authorized state bodies in the implementation and provision of all elements of the financial system. Keywords: administrative and legal principles of the financial system, financial system, finances, money.

scholarly journals GEMOLOGICAL LAW OF UKRAINE: FORMATION PROBLEMS AND DEVELOPMENT PROSPECTS

2021 ◽  
pp. 6-14
Author(s):  
R. Kirin ◽  
P. Baranov ◽  
I. Koziakov
Keyword(s):  
Public Relations ◽  
Early Stage ◽  
Precious Metals ◽  
Legal Regulation ◽  
Complex Object ◽  
Public And Private ◽  
Legal Norms ◽  
Business Entities ◽  
The Right ◽  
Development Prospects

The article analyzes the scientific and legislative provisions connected with the specifity of the legal regulation of relations in the field of gemological activity and gemological objects. The current state of sources of gemological law and their belonging are investigated, which is nowadays ambiguous, since they get to a system of currency law (a component of financial and credit or budgetary and financial legislation) as well as to a system of industrial legislation, while having the provisions of mining, economic, civil, administrative, fiscal, customs and expert legislation in the contents. It is proposed to consider gemological law as a set of legal norms regulating public relations in the field of organizing and carrying out gemological activities connected with the acquisition of the right to use, mining, property, use and operations with gemological objects in the form of subsoil, mineral, production and secondary resources, control over their turnover and expertise. It is noted that consideration of precious stones and precious metals, having geological and mineralogical, physicochemical, jewellery and industrial, and legal differences, as the complex object in the context of the domain of the unified legislative act, intended to be a basis of new market relations in the field of jewellery transactions, could be regarded as the justified one only at the early stage of legislative base formation for the field. Provisions are given, according to which it is recognized that the current law is outdated, since its subject of regulation has been transferred mainly to the subordinate level; the mechanisms for replenishing state funds provided in it are contradictory, incomplete and practically not implemented in practice; the form of restrictions in the circulation of valuable objects and their validity are debatable; relations of the quality and safety of products, consumer protection, ensuring a balance of public and private interests, equality of business entities, competitiveness of the industry need updating in European integration legal regulation. For the first time in the context of geological and legislative science, the authors propose to form a structure of the gemological law system based upon the principles of differentiation of a type of gemologically important activities for generic derivatives (i.e. gemological and resource law; right of gemological circulation; right of gemological expertise etc.) as well as a type of gemological objects and resources for direct groups. Development prospects of gemological legislation are connected with its reduction to a certain agreed system and its unity provision by means of the internal and external improvement of contents and development of the Gemological Code of Ukraine.

General nature of legal regulation of constitutional legal relations

2021 ◽  
Vol 62 (01) ◽  
pp. 147-150
Author(s):  
Parvana Bayram Babaeva ◽  
Keyword(s):  
Public Relations ◽  
Coercive Force ◽  
Social Relations ◽  
Legal Regulation ◽  
The State ◽  
General Nature ◽  
General Character ◽  
Legal Norms ◽  
General Rules ◽  
Coercive Behavior

Summary Constitutional legal norms are general rules of compulsory behavior established or sanctioned by the state for the purpose of protection and regulation of certain public relations. There are implemented through specific rights and obligations and provided by the coercive force of the state. Constitutional legal norms are general rules of coercive behavior established by the state for the purpose of protecting and regulating certain social relations. These are legal norms implemented through certain rights and obligations and provided by the coercive force of the state. The content of constitutional legal relations reflects the mutual rights and obligations of the parties. These rights and responsibilities are closely related. Traditionally, the obligation of one party is considered to correspond to some right of the other party. Key words: constitution, legal relationship, general character, regulation, normative

scholarly journals GENESIS OF LEGAL REGULATION OF WOMEN'S LABOR IN UKRAINIAN LANDS

Social Law ◽  
2019 ◽  
Author(s):  
A. Tisetska
Keyword(s):  
Public Relations ◽  
Inner Core ◽  
Labor Relations ◽  
Legal Regulation ◽  
Necessary Condition ◽  
Women's Labor ◽  
Legal Norms ◽  
Different Types ◽  
Specific Rule

The article analyzes the prerequisites for the birth and development of legal regulation of women's labor in Ukrainian lands. The genesis of the genesis of legal regulation of women's labor in the territory of present Ukraine has been determined. The content and meaning of each stage are outlined. Their features are outlined. The analysis of the basic normative legal acts is carried out and the following features of the legal regulation of women's work in the period from 1918 to 1953 are highlighted: imperative - this feature is revealed through the use of the imperative method for the legal regulation of women's labor; centrality - this feature most clearly manifested itself in labor relations, since even the smallest issues had to be first addressed at the level of line ministries; declarative - means norms that do not contain a specific rule of conduct, but defines the goals, objectives, principles of particular branches of law, legal institutions, subject, form and means of legal regulation; low level of legal technique - different types of legal technique play the role of organizing and constructing legal material, create conditions for rationalization of legal activity, for optimization of the process of legal ordering of public relations. The following features of legal regulation of women's rights from 1953 to 1991 are also distinguished on the basis of normative legal acts: progressiveness - this feature is manifested through both through the establishment of new legal norms and through restoration; imbalance, because the balance of interests is at the same time the foundation, the inner core, the necessary condition and the path to social consensus; etrocity - the domination of the state in all spheres of society, the "power of power."

scholarly journals Positive legal responsibility: general theoretical characteristics

2021 ◽  
pp. 21-25
Author(s):  
O.R. Dashkovskaya ◽  
V.O. Yavorsky ◽  
K.D. Bezsonova
Keyword(s):  
Public Relations ◽  
Legal Liability ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Legal Norms ◽  
Illegal Behavior ◽  
State And Society ◽  
The Subject ◽  
Basic Approaches ◽  
The Relationship

The article analyzes the concept of "positive legal responsibility". Its relationship with the term "responsibility" is established, the ratio of social and legal responsibility is considered. The relationship between the philosophical and moral meaning of the concept of "responsibility" is defined. Emphasis is placed on the need to define legal liability through the main objectives and principles of law, the practice of application and interpretation of the legal content of liability. The existence of positive and negative aspects of legal responsibility in modern legal science is outlined. The positive aspect of legal responsibility as a type of legal responsibility, which is a reaction of the state and society to socially useful action, is considered. The main types of legal incentives are identified. The most common signs of positive legal responsibility are outlined.  The negative aspect of legal liability is considered. The basic approaches to its understanding are defined, the basic signs are outlined. It is noted that negative legal liability is considered a means of guaranteeing the rights and freedoms of citizens. It is determined that in the mechanism of legal regulation measures of positive legal responsibility act as means of social control over the behavior of participants in public relations, ensuring mutual coherence of their actions.  Positive legal liability is aimed at reducing the manifestations of illegal behavior by stimulating the subjects of legal relations to implement socially useful behavior through various incentives and is characterized by the following features: associated with the provision of additional rights to the person; occurs for the implementation of certain desired behavior; established in incentive legal norms; is a means of stimulating subjects to commit lawful acts; sold voluntarily.  It is established that positive legal responsibility is a voluntary form of realization of legal responsibility, it is a legal obligation of the subject of responsibility to act according to requirements of legal norms which is realized in its lawful behavior.

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