scholarly journals PRECONDITIONS OF ADMINISTRATIVE RESPONSIBILITY: DOCTRINAL ISSUES

2021 ◽  
Vol 1 ◽  
pp. 102-111
Author(s):  
Oleksandr Gerasymenko
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Practical Significance ◽  
Clear Understanding ◽  
Current State ◽  
Wide Range ◽  
Scientific Approach ◽  
Rule Making ◽  
Administrative Responsibility

A thorough analysis of liability for administrative offence is not possible without clear understanding of its preconditions. The problem of preconditions for administrative responsibility is directly related to administrative delictization of offenses, effectiveness of the fight against delict, prominent state policy in the field of law enforcement and law order. In this aspect, the role of the preconditions for administrative responsibility is a lot more important because they formulate proper foundations for achieving its general objectives. Thus, they determine the effectiveness of administrative responsibility at sectoral and general social levels. The importance of the definition is due to the urgent needs of rule-making and law enforcement practice, the effectiveness of which directly depends on how reasonable and appropriate each administrative delict norm is. Unfortunately, despite all its scientific and practical significance, the issue of preconditions for administrative liability has not been resolved yet. Therefore, there is a need to form unified, consistent scientific approach to understanding the grounds for administrative liability. To this end, the article provides a critical analysis of the basic doctrinal concepts of the preconditions of administrative responsibility. A wide range of social, economic, technical and other factors that determine the effectiveness of administrative responsibility, its current state, its dynamics and prospects for its development have been studied. Discovered the role of these factors in creating a favorable socio-economic and information-technical environment for the implementation of the main tasks of administrative responsibility, in particular: offences prevention, reliable protection of public relations and education of citizens in the spirit of law. The author concluded the scientific and practical expediency of the systematic study of the preconditions for establishing administrative responsibility (preconditions for administrative delictization) and the preconditions for the effectiveness of administrative responsibility.

The current state of the legislative implementation of criminal law policy

2020 ◽  
pp. 111-118
Author(s):  
Oleksandr Ostrohliad
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Practical Significance ◽  
New Approach ◽  
Public Discussion ◽  
Current State ◽  
Criminal Offenses ◽  
Legal Technology ◽  
Logical Semantic

Purpose. The aim of the work is to consider the novelties of the legislative work, which provide for the concept and classification of criminal offenses in accordance with the current edition of the Criminal Code of Ukraine and the draft of the new Code developed by the working group and put up for public discussion. Point out the gaps in the current legislation and the need to revise individual rules of the project in this aspect. The methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative-historical. Results In the course of the study, it was determined that despite the fact that the amendments to the Criminal Code of Ukraine came into force in July of this year, their perfection, in terms of legal technology, raises many objections. On the basis of a comparative study, it was determined that the Draft Criminal Code of Ukraine needs further revision taking into account the opinions of experts in the process of public discussion. Originality. In the course of the study, it was established that the classification of criminal offenses proposed in the new edition of the Criminal Code of Ukraine does not stand up to criticism, since other elements of the classification appear in subsequent articles, which are not covered by the existing one. The draft Code, using a qualitatively new approach to this issue, retains the elements of the previous classification and has no practical significance in law enforcement. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current Criminal Code, to classify criminal offenses, as well as to further improve the draft Criminal Code of Ukraine.

Implementation of the principles, standards and rules of international customs law: individual and overall levels

2021 ◽  
pp. 102-111
Author(s):  
Serhii Perepolkin
Keyword(s):  
International Law ◽  
Practical Significance ◽  
Clear Understanding ◽  
The European Union ◽  
Public Authorities ◽  
Customs Unions ◽  
Wide Range ◽  
And Control ◽  
Further Development

Purpose. The purpose of the study is to submit to the discussion of domestic international lawyers a proposal to introduce the use in scientific and educational works of the classification of the implementation of the principles, norms and standards of international customs law into two types: individual and overall. Methodology. In order to achieve the goal of the study, have been analyzed scientific approaches to understand the implementation of international law and the classification of its types. In article have been studied an Implementation articles developed under the auspices of the Customs Agreements Cooperation Council; recommendations and resolutions, conventions of the Member States of the European Union, current international agreements and other acts of Ukrainian legislation on customs matters. Results. In the article it was substantiated that individual implementation along with the states can be carried out also by separate customs territories which have full autonomy in the realization of foreign trade; customs unions; economic unions; international organizations and other participants in international customs relations. The joint implementation of the principles, norms, and standards of international customs law is carried out by two or more of its subjects simultaneously. To achieve this goal, the subjects of international customs law can use a wide range of law-making, organizational, coordination, information and control tools. Scientific novelty. It was proved that the classification of the implementation of principles, norms, and standards of international customs law into individual and overral, in contrast to its differentiation into domestic and international, most accurately reflects all types of subjects of international customs law capable of participating in such activities. Practical significance. The introduction of the classification of the implementation of principles, norms, and standards into individual and joint, will contribute to the further development of research in this area, as well as the development of a clear understanding of the implementation of officials of public authorities of Ukraine.

scholarly journals Essence and significance of legislation systematization in Ukraine

2020 ◽  
Vol 4 (4) ◽  
pp. 101-106
Author(s):  
Nataliya Obushenko
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Effective Means ◽  
Legal Education ◽  
Law Enforcement Agencies ◽  
Public Authorities ◽  
Effective Implementation ◽  
The Right ◽  
Further Development

The article highlights that the systematization of legislation is an essential measure on the path to European integration of our country, as well as that the systematization allows improving and streamlining legislation for ease of application and effective implementation in practice. The article reveals that the role of systematization of legislation is to create all the necessary conditions for its further development, to get rid of gaps and shortcomings in it and to ensure its internal unity. The article clarifies that the systematization of legislation creates opportunities to quickly find and correctly interpret all the necessary regulations, which provides a purposeful and effective legal education of society. Systematization of legislation becomes important in reviewing the sources of law, orientation in the system of legislation, for the adoption of new regulations by law enforcement agencies in coordination with all regulations, addressing obsolete acts and finding the most effective means of regulatory regulation of public relations. In the article, the systematization of legislation should be understood as a set of organizational and legal actions defined by the current legislation of Ukraine, which is carried out by authorized public authorities to bring existing regulations into a single internally coordinated system that improves overall efficiency. Systematization is a process of organizing individual elements, creating the right conditions for them to cooperate and interact with each other. Systematization is one of the main factors of purposeful and effective legal education (formation of legal awareness) and research in the field of student education.

Features of administrative responsibility for road safety violations

2021 ◽  
Author(s):  
Daria Hlushkova
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Road Safety ◽  
Road Traffic ◽  
The State ◽  
General Level ◽  
Negative Consequences ◽  
Road Accidents ◽  
Road Users ◽  
Administrative Responsibility

Problem setting. At present, road traffic is one of the main elements of modern states. Using different types of vehicles, people have the opportunity to move faster, do freight, thereby facilitating their work in all areas of activity. This contributes to the development of economic activity, social activity and road infrastructure, but at the same time there are a number of negative consequences associated with traffic injuries, economic and social damage caused by road accidents. Today, about 7,000 people die in road accidents each year and nearly 4,000 are injured; every 12 minutes there is a car accident; almost every 1.5 hours a person dies. In Ukraine, the statistics of road accidents for the period from 01.01.2021 to 31.05.2021 amounted to 70774 – 22.2%. It is possible to reduce these indicators under the condition of introduction of the state program of the correct design of roads, and also increase of administrative responsibility for violation of traffic rules. And what do we see when we look at the statistics of the last five years? And the fact that accident statistics are really scary, and is constantly growing. Law enforcement officers are constantly publishing regular collections of data on road accidents in the country. The tables are full of red numbers, the color of which indicates the deterioration of basic safety indicators. Target of research is a comprehensive scientific study of administrative liability for violations of traffic legislation, its features, as well as improvement by amending legal acts will positively affect the development of transport – road complex of Ukraine and contribute to strengthening road safety as a component of national security. The main purpose of the study is to lay the groundwork for administrative liability for road safety offenses on the basis of a comprehensive analysis of scientific sources, generalization of legal material and law enforcement practice. The object of this work is public relations, which are formed in the process of ensuring administrative liability for violations of legislation in the field of road safety in modern conditions. Analysis of recent researches and publications. Issues of road safety in different volumes are reflected in studies conducted by: O. Bandurka, T. George, D. Medvedev, Yu. Piroshkova and others. At the general level, the concept of “road safety” as a component of public safety was studied by A. Basov, В. Glushkov, M. Inshin, O. Copan and others. These scientists analyzed the problem of improving the administrative and legal responsibility of road safety and proposed to improve measures that will ensure the safety of all road users. However, the relevance of this topic is due to the constant updating of Ukrainian legislation, based on the provisions of which is the rule-making regulation of this area of public relations. Article`s main body. The article defines the features of administrative responsibility for violation of road safety. The author considers changes in the legislation regulating administrative responsibility in the field of road safety. The analysis of the number of road traffic accidents (RTA) and their consequences over the past five years was also carried out. The study of this problem is relevant, since the analysis of static data on the number of road accidents indicates a low level of traffic safety and a high accident rate on highways. Conclusions and prospects for the development. Based on the above, we can conclude that the current legislation in the field of administrative liability for violations of road safety is quite extensive and provides for various types of administrative penalties aimed at saving lives and reducing socially dangerous accidents. Also, the legislative definition of the term “traffic” is not provided either in the Code of Administrative Offenses or in the Law of Ukraine “On Road Traffic”. I propose to define and legislate the concept of “road safety” as a set of factors and mechanisms that regulate legal relations, establish responsibility, describe the typical mechanisms and rules of conduct of all road users in the state.

Understanding how corporations both drive & use neoliberalism to block progress in public health

2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
D Miller
Keyword(s):  
Public Health ◽  
Public Relations ◽  
Free Market ◽  
Think Tanks ◽  
Think Tank ◽  
Industrial Sectors ◽  
Wide Range ◽  
Significant Public Health ◽  
Economic Elites

Abstract This paper examines the role of corporations in the creation and utilisation of think tanks, lobby ventures and front groups, both nationally and internationally. It examines how these were implicated in the introduction of neoliberalism in the 1970s/80s. It briefly tells the story of the development of the Mont Pelerin Society and how its acolytes 'littered the world' with free market think tanks which then did battle in the struggle to introduce neoliberalism. It examines how this led to the 'disembedding' (Polanyi 1944) of political and economic elites from society via the rise and maturation of a wide range of intermediary institutions and organisations including three main kinds of groups: National and transnational policy planning groups; Think tanks and think tank networks; lobbying and public relations consultancies. This part of the paper concludes by examining the role of those industrial sectors that have had the most significant Public Health footprint in the neoliberal revolution, in each of the three kinds of groups mentioned above. The paper then turns to the concrete advantages that these ongoing changes gave specific corporate actors with negative public health effects

scholarly journals Relevant Issues of the Administrative Liability of Medical Institutions Related to the Circulation of Pharmaceuticals

2021 ◽  
Vol 3 ◽  
pp. 43-46
Author(s):  
Tatyana A. Polinskaya ◽  
◽  
Mikhail A. Shishov ◽  
Keyword(s):  
Law Enforcement ◽  
Medical Institutions ◽  
Preventive Role ◽  
Administrative Responsibility

The article discusses certain aspects of the legislation on the circulation of medicines in medical organizations, in the context of achieving the preventive role of the corresponding administrative responsibility, taking into account law enforcement practice.

scholarly journals A Review of a Monograph Anti-Corruption Security Measures: monograph / E.A. Akunchenko, S.P. Basalaeva, M.A. Volkova et al.; edited by N.V. Schedrin, I.A. Damm. Krasnoyarsk, 2020. 430 s.

2020 ◽  
Vol 12 ◽  
pp. 35-39
Author(s):  
Igor M. Matskevich ◽  
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Scientific Research ◽  
Legal Regulation ◽  
The State ◽  
Security Measures ◽  
Current State ◽  
Scientific Ideas ◽  
Rule Making

The collective monograph ‘Anti-corruption security measures’ is being reviewed. It is noted that the study was carried out on the basis of the current state of legal regulation of the fight against corruption, the tasks of anti-corruption security were determined, well-founded conclusions and recommendations were formulated for creating a system of measures for such security. The study of anti-corruption security measures is relevant for the development of the science of criminal law and criminology, as well as the sciences of related fields of knowledge. Scientific ideas, analysis of legislation and law enforcement practice can be useful for further scientific research on anti-corruption measures, in rule-making activities in order to prevent corruption in the life of society and the state.

scholarly journals Prospects for the introduction of intellectual resources in the digital environment of commercial entrepreneurship

2021 ◽  
Vol 15 (2) ◽  
pp. 77-87
Author(s):  
Galina N. Chernukhina ◽  
◽  
Alisa V. Khramova ◽  
Keyword(s):  
Practical Significance ◽  
Competitive Advantages ◽  
Digital Environment ◽  
Distributed Ledger ◽  
Wide Range ◽  
Key Factor ◽  
Information Chain ◽  
High Level ◽  
Commercial Entrepreneurship

The relevance and practical significance of the research is determined by the increasing role of intellectual resources in the conditions of digitalization of entrepreneurship. Along with other types, intellectual resources determine the competitiveness of trade enterprises and act as a key factor in their development. One of the main features that characterize the modern economy is a high level of competition, which ultimately leads to the need to maximize the use of all available resources, actively introduce innovative technologies, and quickly adapt to changing market conditions. The scope of the study is expanded by the fact that during the coronavirus pandemic, commercial entrepreneurship in Russia was greatly transformed. suffered and transformed. The pandemic has pushed commerce to online platforms, and contributed to the development of a favorable environment for e-commerce. Currently, a wide range of digital innovations are used in commercial entrepreneurship. The COVID-19 crisis has accelerated the spread of e-commerce to new firms, customers, and products. This allowed the trade enterprises to continue working, despite the limitations of contacts. At the same time, the possession of intellectual capital has a significant impact on the competitiveness of firms. The importance of intangible assets as a source of competitive advantages is growing rapidly. Blockchain and related technologies are currently relevant, many industries are exploring their capabilities, and new ways to use it are constantly emerging. Since the distributed ledger technology creates a secure, verified, and immutable information chain, it finds application in brand protection and enforcement, and is used to track.

scholarly journals EXPERIENCE IN THE DEVELOPMENT OF TOURISM IN GEORGIA IN THE POST-CONFLICT PERIOD

2018 ◽  
pp. 23-33 ◽  
Author(s):  
Halyna Zavarika
Keyword(s):  
Tourism Industry ◽  
Practical Significance ◽  
The Public ◽  
Post Conflict ◽  
Current State ◽  
Strategic Goals ◽  
Historical Comparative ◽  
Tourism Organization ◽  
Conflict Period

Goal. The purpose of the paper is to provide a theoretical and methodological study of the experience of Georgia in the development of tourism in the period from 2009 to this time. Method. The methodological basis of the research is the basis of scientific dialectics. Expeditionary, historical, comparative-geographical, statistical methods of research have been applied. Results. The role of the public sector in the development of tourism in Georgia and the activities of the National Tourism Administration are analyzed. The current state of tourism of Georgia is highlighted, which has considerably improved after the conflict. The role of tourist information centers in the development of tourism of the country in the post-conflict period is determined. The strategic goals of development of tourism of Georgia were grounded, due to the implementation of which they managed to reach growth in the industry. It has been established that the development of infrastructure, marketers' efforts and attracting new investments has been the driving force behind the growth and progress in the tourism industry in Georgia. Scientific novelty. Scientific novelty is to begin systematizing the experience of various countries affected by the conflict, in the development of tourism. It is stressed that the experience of Georgia will be useful for Ukraine in this direction. Practical significance. The results of the study can be the basis for further analysis of the possibilities of developing tourism in the post-conflict period in other countries. Ukraine has many similarities with Georgia, especially in terms of overcoming the conflicts in the tourism industry. It is suggested to use the positive experience of Georgia in Ukraine in order to achieve high indicators of the level of tourism organization.

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