scholarly journals Regarding Scientific Discussion on Legal Nature of the Law Abuse

2021 ◽  
Vol 80 (1) ◽  
pp. 151-155
Author(s):  
В. В. Лазарєв ◽  
О. А. Жидовцева
Keyword(s):  
Public Relations ◽  
White Collar Crime ◽  
General Characteristic ◽  
Species Classification ◽  
Scientific Discussion ◽  
Legal Literature ◽  
Number Of Factors ◽  
Definition Of ◽  
The Right ◽  
Abuse Of Law

The authors have analyzed the facts inherent in the equitable right that can lead to abuse of law. It has been emphasized that the legal literature has no single approach to the definition of the term of “law abuse”. However, there is a number of factors that influence the existence of such a specific phenomenon as “law abuse”. Attention has been paid to the species classification of law abuse. It has been noted that depending on what public relations are harmed in the process of exercising the right contrary to its purpose, law abuse can be divided into lawful (legal) and illegal. The general characteristic of lawful (legal) and illegal abuse of law has been presented; their features have been named. It has been emphasized that abuse of law can also be classified by the branch (abuse of property rights, abuse of rights in criminal law, white collar crime within public administration sphere). Attention has been paid to the fact that each of the forms of law abuse can be divided into types and subspecies depending on the means of abuse, i.e. depending on the type of equitable right or jurisdiction as elements of legal capacity, which are abused. As a result, it has been concluded that the peculiarities of modern legislation, in particular the presence of conflicting rules, gaps and contradictions, can lead to abuse of law. This is mainly the case when the equitable right corresponds to an obligation for non-fulfillment of which there is no legal liability at the level of legislation. As a result, it has been noted that law abuse can be currently classified on various grounds, but it should be understood that any classification will reflect only part of the features of the studied phenomenon.

scholarly journals ON CHILD’S RIGHTS BEFORE AND AFTER BIRTH

2021 ◽  
Vol 2 ◽  
pp. 24-28
Author(s):  
Aleksandr V. Fioshin ◽  
Keyword(s):  
Before And After ◽  
Definition Of ◽  
The Right ◽  
Abuse Of Law

The article is devoted to the issues of the unborn child’s rights and the abuse of the rights of children born. Examples of various legal orders protecting the life of a child before birth are given. The issue of the need to protect unborn children in the national doctrine is analyzed. The author’s definition of abuse of law in family legal relations is proposed. The abuse of the right by the child is characterized.

scholarly journals ABUSE OF THE RIGHT AND JUDICIAL ERRORS IN THE EXERCISE OF DISCRETION BY THE JUDGE IN THE CONSIDERATION OF CRIMINAL CASES WITH THE CONSENT OF THE ACCUSED WITH THE CHARGE BROUGHT AGAINST HIM

2021 ◽  
Vol 31 (3) ◽  
pp. 459-472
Author(s):  
N.O. Mashinnikova
Keyword(s):  
Law Enforcement ◽  
Criminal Cases ◽  
Special Procedure ◽  
Judicial Proceedings ◽  
Judicial Errors ◽  
Definition Of ◽  
The Right ◽  
Exercise Of Discretion ◽  
Abuse Of Law ◽  
Miscarriage Of Justice

The article examines the categories of "abuse of law" and" miscarriage of justice", as well as the factors contributing to their occurrence, reveals the mechanism of occurrence of miscarriages of justice, the sources and causes of their occurrence. The author substantiates the claim that the defect of interest, as an aspect of law enforcement, causes the occurrence of abuse and can cause a miscarriage of justice. The main characteristics of a miscarriage of justice, as well as the signs that distinguish a miscarriage of justice from abuse, are revealed. The definition of "abuse of the right" is given, its properties and features are revealed. The article analyzes the peculiarities of committing judicial errors and abuses under a special procedure of judicial proceedings.

scholarly journals CONCEPTS OF ADMINISTRATIVE PROCESS IN MODERN SCIENCE OF ADMINISTRATIVE LAW AND PROCESS

2019 ◽  
pp. 66-69
Author(s):  
N. Yu. Hut
Keyword(s):  
Law Enforcement ◽  
Modern Science ◽  
Administrative Law ◽  
Administrative Process ◽  
Legal Literature ◽  
Administration Of Justice ◽  
Narrow Definition ◽  
Definition Of ◽  
The Right ◽  
Broad Understanding

The paper analyzes the concepts of administrative process presented in legal science. It is stated that every concept of the administrative process has the right to exist, because all of them are based on the facts, phenomena and norms actually existing in the legal system of Ukraine. However, three of them are most thoroughly presented in the legal literature: 1) the concept of a broad understanding of the administrative process; 2) jurisdictional (law enforcement) concept of the administrative process; 3) the concept of a narrow understanding of the administrative process. Representatives of a broad understanding of the administrative process argue that the procedural form is present wherever there is a need to implement substantive rules of administrative law, and all organizational legal relations are inherently procedural relations. Representatives of the jurisdictional and law-enforcement concepts of the administrative process, firstly, are convinced that the procedural form can be inherent only in activities related to the administrative-jurisdictional or law-enforcement activities of the competent authorities, and secondly, that the organizational legal relations are evenly distributed between substantive and procedural relations. Representatives of the concept of narrow definition of the administrative process insist that the procedural form relates solely to the activity of one branch of power - the judiciary, and therefore procedural relations arise only in the sphere of administration of justice by the courts.

scholarly journals Peculiarities of Protection of Rights and Interests of Heirs: Theoretical Aspects

2020 ◽  
Vol 10 ◽  
pp. 355-362
Author(s):  
Yuri O. Zaika ◽  
◽  
Oleksandr Ye. Kukhariev ◽  
Volodymyr L. Skrypnyk ◽  
Aliesia A. Mytnyk
Keyword(s):  
Civil Rights ◽  
Scientific Community ◽  
Civil Law ◽  
Inheritance Law ◽  
Legal Literature ◽  
Legal Nature ◽  
The Will ◽  
Methodological Approaches ◽  
Definition Of ◽  
The Right

The relevance of this study is due to the necessity to ensure the proper exercise of subjective civil rights in the field of inheritance law. Protection in inheritance is related to the general right to protection. Due to the peculiarities of inheritance law as a sub-branch of civil law, it has its own specifics, which is manifested primarily in the definition of special ways to protect violated unrecognized or challenged rights. In addition, the protection of the rights of heirs takes place only within the inheritance relationship, which is characterized by a long nature. The purpose of the article is to identify the features of protection of subjective civil rights of heirs in the field of inheritance. This necessitates the use of special methodological approaches that will identify the characteristics of protection of the rights of heirs, as well as research methods such as dogmatic, formal-logical, systematic, comparative law. The article analyses the recognition of the right of ownership of inherited property in court and proves that this exceptional method of protection is used if there are obstacles to the notarization of inheritance rights. The most typical and widespread special ways to protect the rights of heirs are considered: removal from the right to inherit, invalidation of the will, change of the order of obtaining the right to inherit, reduction of the size of the obligatory share in the inheritance. The outlined issues were not widely covered in the legal literature, as the attention of scholars was mainly in the perspective of clarifying the legal nature of protection and defence, the ratio of forms and methods of protection of subjective civil rights, analysis of general methods of protection of subjective civil rights. That is why this work is an important contribution to outlining the issue of inheritance law and attracting due attention of the scientific community.

scholarly journals INSTITUTE OF ADMINISTRATIVE CLAIM: CURRENT STATE AND DEVELOPMENT PROSPECTS

2021 ◽  
pp. 28-34
Author(s):  
O. H. Kostromina ◽  
H. O. Babenko
Keyword(s):  
Public Relations ◽  
System Analysis ◽  
Administrative Claims ◽  
Administrative Procedure ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
Definition Of ◽  
Administrative Proceedings ◽  
The Right

An administrative claim is one of the main institutions of administrative justice. To understand the institution of an administrative claim as a complex legal structure covering the right of a person to apply to an administrative court with a request, it is necessary to clarify the concept, legal nature, types of administrative claim. The purpose of the article is the theoretical and legal characteristics of the categories of the institution of administrative proceedings, the definition of the concept, the definition of the essence and structure of an administrative claim, the criterion for its classification, making proposals aimed at improving the Code of Administrative Procedure of Ukraine. The methodological basis of the research is a combination of general scientific and special methods of cognition. The research is based on the dialectical method of scientific cognition of the phenomena of reality in their development and interrelation. The achievement of certain research objectives led to the use of such methods as: the historical and legal method – when analyzing claims in administrative proceedings, the system analysis method made it possible to consider an administrative claim as a single system with its own structure and dynamics of development. The methods of analysis and synthesis, structural-functional, synergetic and other methods were also used, which made it possible to comprehensively explore the problematic aspects of understanding the institution of administrative claims. An administrative claim is understood as a material claim of the plaintiff for the protection of rights, freedoms and interests in public law relations, addressed to an administrative court. Various approaches to the classification of administrative requirements depending on the content are described. The internal structure of the administrative claim is described, in connection with which the provisions of the legislation are analyzed. The substantive and procedural aspects of the claim are highlighted. Analyzes the legal requirements for an administrative claim. It is noted that within the framework of administrative legislation, in particular in the Code of Administrative Procedure of Ukraine, the types of administrative requirements are not directly defined. It has been established that at the scientific and theoretical level, the main criteria for the classification of administrative claims are: the subject of an administrative claim, a method of procedural protection, a method of achieving procedural goals, the nature of material legal relations. The main tasks that an administrative claim solves as a procedural means of protecting rights, freedoms and interests in the field of public relations are determined.

Abuse of the Rights of the Taxpayer

2021 ◽  
pp. 94-102
Author(s):  
Miroshnik S. V. ◽  
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Tax Law ◽  
Constitutional Court ◽  
Legal Form ◽  
Systematic Analysis ◽  
The Public ◽  
Private And Public ◽  
The Right ◽  
Abuse Of Law

Statement of a problem. The design of abuse of law, first developed for the sphere of private law, was further transferred to the sphere of public law. But this does not make it possible to equate abuse of law in private and public relations. There is a fundamental difference between them due to the nature of the regulated relations, the specificity of the methods of legal regulation. The process of shaping and developing perceptions of the possibility of abuse of rights in the field of taxation has gone through a complex, contradictory path of development. Initially, the Constitutional Court of the Russian Federation effectively recognized that the category «abuse of the right» did not apply to taxpayers. However, the need to find a balance between public and private interests required the development of fundamentally new approaches, naturally derived from the content of general and special principles of tax law. The aim and objectives of the study is to carry out a systematic analysis of the peculiarities of taxpayers» abuse of their subjective rights. Methods. Methods of knowledge of legal reality are used general (dialectic), general scientific (the analysis, synthesis, classification, generalization, the description) and private and scientific (legallistic, interpretation methods) when carrying out a research. Conclusions. Abuse of tax law is a particular form of tax offences. Unlike the offences of the classical kind, its wrongfulness, the public danger is veiled as the subject tries to take his behavior into legal form. Abuse of the law in the field of taxation is an illegal socially dangerous act of the taxpayer, in the sense that the person, based solely on his own interests, deliberately goes beyond the limits of a legally defined measure of possible behavior, while unduly reducing the measure of his proper behavior and the measure of possible behavior of other participants in tax legal relations. The courts, given the nature of the abuse committed, may deny a person the protection of his subjective right in whole or in part; Oblige a person to comply with his or her tax obligation; To decide on compensation for the damage caused to the public interest in the form of an accrual and recovery of penalties for late payment of fiscal payments and tax sanctions – fines for improper performance of public legal obligations in the field of taxation.

scholarly journals Sustainable development in the era of digitalization: legal aspect

2021 ◽  
Vol 284 ◽  
pp. 11015
Author(s):  
Svetlana Miroshnik ◽  
Tatyana Vlasova ◽  
Vera Duel ◽  
Svetlana Zgorgelskaya ◽  
Tatyana Lesovaya
Keyword(s):  
Sustainable Development ◽  
Public Relations ◽  
Information And Communication Technologies ◽  
Dynamic Equilibrium ◽  
Legal Aspect ◽  
Negative Consequences ◽  
Systemic Analysis ◽  
Definition Of ◽  
The Right ◽  
The Impact

The relevance of the topic of study is caused by the role and importance of the concept of sustainable development, the implementation of which allows creating a society, which, influenced by diverse internal and external factors, is capable of establishing a new equilibrium both within itself and in relation to the environment. The research object is public relations arising in the digitalization process. The purpose of the scientific research is to conduct systemic analysis of the impact of digitalization on sustainable development and the definition of the role of the law in the conditions of domination of constantly changing information and communication technologies. During the study, systemic, analytical, logical methods were used, as well as methods of interpretation of law, scientific forecasting, scientific intuition. It is concluded that the concept of sustainable development is aimed at creating an optimal, harmonious relationship of the needs, aspirations and interests of current and future generations on the basis of such fundamental principles of law as: equality, inadmissibility of abuse, prohibiting discrimination. The proposed characteristic made it possible to substantiate the diversity of the right to develop and subjective law. It has been proven that digitalization entails both positive and negative consequences. It is necessary to continue work on the international level of solutions, the implementation of which will allow achieving dynamic equilibrium.

scholarly journals Problem of Description of the Characteristic Features of Discrimination in the Labor Sphere

2020 ◽  
Vol 91 (4) ◽  
pp. 69-78
Author(s):  
A. V. Kychko
Keyword(s):  
Single Point ◽  
Point Of View ◽  
Practical Significance ◽  
Legal Literature ◽  
Labor Legislation ◽  
New Directions ◽  
Characteristic Features ◽  
European Standards ◽  
Definition Of ◽  
The Right

The Constitution of Ukraine guarantees the right to labor to everyone, including the possibility to earn one’s living by labor that he or she freely chooses or to which he or she freely agrees. However, discrimination is still one of the main problems in the labor sphere. The article is focused on studying the problem of discrimination in the labor sphere. The author of the article has studied the problem of description of the characteristic features of discrimination in the labor sphere because there is no single point of view on this matter in the theory of labor law. The analysis of legal literature, the corresponding normative and legal material has been carried out. While analyzing legal literature, regulatory base, international legal acts and the judgments of the European Courts of Human Rights the author has established and revealed the features of discrimination in the labor sphere. At the same time, based on the views of current authors, the nature of discrimination in the labor sphere has been revealed. It has been substantiated that the Labor Code of Ukraine needs to be updated, based on the realities of the present day. Based on a consistent analysis, the author has elaborated propositions to eliminate differences in the current regulatory acts. First and foremost, their availability is due to the obsolete version of the current Labor Code of Ukraine. Therefore, the range of propositions has been formulated related to the current labor legislation improvement concerning the discrimination’s non-admission in the labor sphere. Thus, the most appropriate way of solving the problems of discrimination in labor relations is the adoption of the new Labor Code of Ukraine and active participation of Ukraine in international relations on the harmonization of national labor legislation with international and European standards. The practical significance of the article is that the conducted study reveals new directions for further research, demonstrates the relevance and need for a comprehensive analysis of the content and legal features discrimination in the labor sphere. The author has emphasized the necessity of forming legal definition of discrimination in the labor sphere.

THE CONCEPT OF CONSTITUTIONAL AND LEGAL GUARANTEES OF ELECTORAL RIGHTS

2020 ◽  
Vol 10 (4) ◽  
pp. 85-90
Author(s):  
VLADIMIR TROYAN ◽  
Keyword(s):  
Scientific Research ◽  
Formal Aspect ◽  
Universal Approach ◽  
Right To Vote ◽  
Definition Of ◽  
The Right

The relevance of the interpretation of constitutional and legal guarantees of the right to vote is mediated by isolated scientific research in this area, as well as the lack of a universal approach to legal guarantees. In this regard, the purpose of the article is to argue and disclose the author’s definitive aspect of the claimed guarantees. In the work, the author named and characterized the normative (based exclusively on legal means) with the perspective of a branch of legal and technical; regulatory and institutional (combines the formal aspect with the activities of authorized entities) and associated legal (including a set of legal and other aspects) approaches to the definition of legal guarantees. Based on the second approach, as well as combining the guarantees of the right to vote directly guarantees of the subjective right itself and guarantees of its implementation, the author offers a definition of constitutional and legal guarantees of the right to vote.

Strategi Humas Partai Gerindra dalam Membangun Citra Partai pada Pemilu 2014

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Rialdo Rezeky ◽  
Muhammad Saefullah
Keyword(s):  
Data Collection ◽  
Public Relations ◽  
Media Relations ◽  
Executive Board ◽  
The Public ◽  
Community Or ◽  
The Subject ◽  
Main Components ◽  
The Right ◽  
Participatory Observation

The approach of this research is qualitative and descriptive. In this study those who become the subject of research is an informant (key figure). The subject of this study is divided into two main components, consisting of internal public and external public that is from the Board of the Central Executive Board of Gerindra Party, Party Cadres, Observers and Journalists. The object of this research is the behavior, activities and opinions of Gerindra Party Public Relation Team. In this study used data collection techniques with interviews, participatory observation, and triangulation of data. The results of this study indicate that the Public Relations Gerindra has implemented strategies through various public relations programs and establish good media relations with the reporters so that socialization goes well. So also with the evaluation that is done related to the strategy of the party. The success of Gerindra Party in maintaining the party’s image in Election 2014 as a result of the running of PR strategy and communication and sharing the right type of program according to the characteristics of the voting community or its constituents.Keywords: PR Strategy, Gerindra Party, Election 2014

Sign in / Sign up

Export Citation Format

Share Document