scholarly journals Concepts and types of administrative and legal means of ensuring economic security by the National Police of Ukraine

2018 ◽  
Vol 83 (4) ◽  
pp. 46-55
Author(s):  
V. V. Tolochko
Keyword(s):  
Rule Of Law ◽  
Social Relations ◽  
Legal Protection ◽  
Economic Security ◽  
Structural Elements ◽  
The Rule Of Law ◽  
Definition Of ◽  
National Police ◽  
Personal Interests ◽  
Positive Results

The author of the article has analyzed the existing doctrinal provisions concerning the definition of the terms “a method”, “a measure”, “a way” and “a mean” and the categories of “legal means”, “administrative and legal means”. It has been emphasized that administrative and legal means in the complex are one of the effective structural elements of the protective activity of state authorities aimed at the formation and development of social relations in various fields (including in the field of economics). The author has revealed the significance of administrative and legal means for ensuring the implementation of the security function of the state in the whole and administrative and legal protection, in particular, which became the basis for outlining the forms of administrative and legal protection in the context of its implementation through the realization of administrative and legal means. As a result, the author has offered own approach to the definition of the concept of administrative and legal means of ensuring economic security by the National Police of Ukraine. The analysis of the current administrative law and the practice of its application and, respectively, the powers of the main units of the National Police, which are entrusted with the task to ensure economic security, provided the opportunity to refer the following types of administrative and legal means of ensuring economic security by the National Police of Ukraine: 1) means of persuasion, positive incentives or incentives that contribute to raising the creative activity of legal relations participants, based on their quest for positive results of their work, to the realization of social and personal interests; 2) measures of administrative coercion, which are used for the purpose of prevention, termination of offenses, ensuring proceedings in cases on administrative offenses and bringing offenders to administrative liability. The application of administrative coercion is one of the important factors in strengthening the rule of law, discipline and organization in the field of economics, protection of the management order established in this area. The conducted research should become the basis for studying the problems of certain administrative and legal means of ensuring economic security by the National Police of Ukraine, which is a perspective direction for further scientific research.

scholarly journals Perlindungan Hukum atas Desain Industri Berdasarkan Undang-Undang No 31 T Ahun 2000

2021 ◽  
Vol 2 (2) ◽  
pp. 297-301
Author(s):  
Ida Ayu Mas lndriani ◽  
Ni Made Jaya Senastri ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Rule Of Law ◽  
Industrial Design ◽  
Legal Protection ◽  
Secondary Data ◽  
Conceptual Approach ◽  
The Rule Of Law ◽  
Legal Implications ◽  
Design Law ◽  
Protection Of Human Rights ◽  
Definition Of

Intellectual property rights including industrial designs. The idea of ​​industrial design safety is based on the belief that human imagination, taste and initiative are closely linked to industrial design. The state grants protection against new industrial designs. The definition of the rule of law used in the legal protection of industrial designs is based on Law No. 31 of 2000. One of the components in this case is the protection of human rights which is the guideline for the legal protection of industrial designs. There are two forms of industrial design legal protection, which include preventive legal protection and repressive legal protection. This study aims to examine the form of legal protection for industrial designs based on Law No. 31 of 2000 and analyze the legal implications if the design rights holder does not register their industrial designs. This research was designed using normative research with a conceptual approach. The data used are primary and secondary data obtained through documentation and recording. The results of the study indicate that preventive legal protection is contained in the Act which is used to prevent violations and a description of the implementation of obligations while repressive legal protection is security in the form of sanctions for violations that have been committed. In view of this and considering the existence of protection in the form of the industrial design law, the designer can prevent the occurrence of plagiarism of his industrial design by registering his industrial design.

scholarly journals RULE OF LAW AND LEGALITY AS PRINCIPLES OF NATIONAL POLICE ACTIVITY

2021 ◽  
pp. 45-53
Author(s):  
А. Т. Комзюк ◽  
Salmanova O. Yu.
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Police Officers ◽  
Legal Regulation ◽  
General Idea ◽  
The Rule Of Law ◽  
The Law ◽  
Definition Of ◽  
National Police ◽  
The Relationship

The article defines the relationship between the principles of the rule of law and legality and their importance in the activities of the National Police of Ukraine. Indicated, that the principle of the rule of law is enshrined in the Constitution of Ukraine, and in relation to the National Police – also in the Law on it. Attention is drawn to the fact that the definition of the rule of law in the Constitution and the Law of Ukraine «On the National Police» is interpreted differently. Therefore, in a generalized form, the principle of the rule of law is proposed to be interpreted as the idea of the rule of law, which is embodied in the creation of appropriate laws, their proper implementation, prohibition of arbitrariness, human rights, non-discrimination and equality before the law. It was emphasized that it was expedient to define this principle as a general idea in the Law “On the National Police”, as its other components cannot always be fulfilled in the activity of the police. In particular, the authorities and police officers cannot question the compliance of the law with the ideas of social justice, freedom, equality, etc. Nor can they, in the performance of their tasks and functions, be guided by norms of morality, traditions, customs, etc., and not by formally defined norms of law (ie laws). It is in the light of such reservations that it is proposed to define this principle. The police must implement it through certain requirements – legality, prohibition of arbitrariness, respect for human rights, non-discrimination and equality before the law. Therefore, legality is of paramount importance in the activity of the police – the police act exclusively on the basis, within the powers and in the manner determined by the Constitution and laws of Ukraine. In this regard, the proposals to improve the legal regulation of the rule of law and legality as principles of the National Police of Ukraine are substantiated.

scholarly journals Ensuring the principles of the rule of law and legality in the activities of public administration: terminological analysis

2020 ◽  
Vol 45 (2) ◽  
pp. 91-98
Author(s):  
Iryna Shumliaieva
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Social Relations ◽  
Scientific Article ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Stage Of Development ◽  
Close Relationship ◽  
Scientific Papers ◽  
Definition Of

In the context of the development of home public administration, the implementation of research in terms of providing a meaningful description of the principles of the rule of law and legality in order to comply with them and ensure the activities of public authorities is becoming relevant. Therefore, the purpose of the scientific article is to implement a terminological analysis of the principles of the rule of law and legality in the activities of public administration, as an important condition for the development of public administration. The article considers terminological issues related to the definition of the essence of the concepts «rule of law», «legality», «public administration», by analyzing scientific papers and legal documents. Particular attention is paid to the definitions contained in the norms of international and European acts concerning the definition of the content of the principles of the rule of law and legality, which allowed distinguishing the relevant international and European understanding of the conceptual foundations of these concepts. It is established that at the present stage of development of the institution of public administration in the European doctrine the principle of the rule of law prevails, which is not identified with the principle of legality, as it is included in the list of relevant requirements for the implementation of the first one. The relationship between the rule of law and the rule of legality is shown, given their close relationship, formed in the process of evolution at different times during the development of social relations. As a result of research of scientific literature and normative-legal sources, it is offered to consider legality in activity of public administration in a wide public-administrative context through a prism of regulation of the state-authoritative influence on society for the purpose of its ordering. Since the vector of the rule of law and legality is aimed at both public authorities and society, it is assumed that the adoption of these principles in society involves the implementation of the requirements set out in the article to ensure compliance with public administration.

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 Determining the Concept of the Principles of Legal Regulation of Encouragement of the Employees of the National Police of Ukraine

2019 ◽  
Vol 87 (4) ◽  
pp. 54-61
Author(s):  
N. V. Sorochan
Keyword(s):  
Social Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Normative Influence ◽  
Specific System ◽  
The Rule Of Law ◽  
Basic Ideas ◽  
Definition Of ◽  
National Police ◽  
The Impact

The author has researched one of the directions of the modern formation and development of the rule of law state related to the improvement of various branches of law and the relevant legislation in the field of labor law, the definition of the concept and principles of legal regulation of encouragement applicable to the employees of the National Police of Ukraine. The concept of the principles of legal regulation of encouragement of the employees of the National Police of Ukraine has been defined. It has been found out that encouragement as a mean of legal influence is stimulation of certain behavior of a person under the impact of a certain motive or motives. Legal regulation has been considered as a specific system of normative influence on socially significant, conscious-willed, repeated and stable social relations with the purpose of ordering them. Principles of legal regulation of encouragement of the employees of the National Police of Ukraine have been defined as basic ideas of the system of normative influence on legal relations concerning the encouragement of the specified employees, which determine the content and orientation of its norms and are characterized by systematic, mutually consistent, universal, comprehensive, subjective and regulatory nature. It has been offered to divide these principles into basic and optional ones. The author has analyzed the scholars’ opinions on determining the concept of promotion in labor law, has studied the essence of promotion in labor law, the definition of legal regulation as a specific system with further clarification of the concept of “principles of legal regulation of promotion of the employees of the National Police of Ukraine”.

scholarly journals Principle of the rule of law in administrative judiciary

2021 ◽  
pp. 235-239
Author(s):  
I.G. Kozynets ◽  
K.B. Mishasta
Keyword(s):  
Rule Of Law ◽  
Social Relations ◽  
Constitutional Rights ◽  
The Rule Of Law ◽  
Administrative Procedure ◽  
Administration Of Justice ◽  
Legitimate Interests ◽  
Definition Of ◽  
Administrative Proceedings ◽  
Administrative Justice

One of the key principles of administrative justice - the rule of law, is analyzed in this article. In other words, the article is devoted to a generalized study of legislation and scientific sources to identify the meaning of the principle of the rule of law as a universal principle of administrative justice. It`s role in the administrative process is outlined. It was noted that this principle is reflected and consolidated not only in the provisions of the Code of Administrative Procedure of Ukraine, but also in other regulations. The different opinions of scientists on the understanding of the principle of the rule of law are analyzed. On the basis of various approaches and identification of different aspects of understanding of the principle of the rule of law in the scientific literature, voicing positions on the impossibility of a thorough definition of its essence, the complexity and complexity of its essence. In accordance with the principle of the rule of law, the law and its norms incorporated in the current legislation are the main regulating factor of social relations, including administrative and procedural ones. The work examines the elements of the rule of law, which are defined as mandatory in accordance with the provisions of the European Commission’s Doha «For Democracy through Law». At the same time, the principle of the rule of law is not exhausted only by these requirements and characteristics, as they are constantly evolving and complementing, and the conditions for their observance are also changing.Based on the analysis of the positions of scholars on the content of the rule of law, it was concluded that the principle of the rule of law is a universal and integral principle of administrative proceedings. According to the au-thors, the principle of the rule of law in administrative proceedings provides for the administration of justice with respect for constitutional rights, freedoms and legitimate interests of man and citizen, in order to protect them from wrongful violation and only in accordance with the Constitution and other laws of Ukraine. If the administrative court applies the provisions of legislative or other regulations that unfairly restrict or violate the rights, freedoms and legitimate interests of the person, or if they are interpreted in this way, the decision rendered in such a case must be declared invalid.

PRINCIPLES OF STATE REGULATION OF THE ACTIVITIES OF BODIES OF THE STATE EXECUTIVE SERVICE AND PRIVATE EXECUTORS

2018 ◽  
Vol 1 (13) ◽  
pp. 69-77
Author(s):  
Mariіa Konstantinovna Kulava
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Social Relations ◽  
State Regulation ◽  
Court Decisions ◽  
Regulatory Requirements ◽  
The Rule Of Law ◽  
State Administration ◽  
Executive System ◽  
The Right

Within the presented article, taking into account already existing achievements of scientists, the concept, the main features of the principles of state administration of the executive system of Ukraine are defined. The principles of activity of executive bodies bodies according to the current legislation of Ukraine are determined. A brief description of the principles is presented, namely: the rule of law, legality, compulsory, independence, justice, impartiality and objectivity, discretion, transparency and openness of executive proceedings and its fixation by technical means, the reasonableness of the time limits for enforcement proceedings, the proportionality of enforcement measures and the amount of claims for decisions, the right to appeal decisions, actions or omissions of state executives, private performers. It is established that in general the principles of executive proceedings in the investigated normative acts are duplicated, in addition to the principles of independence and the right to appeal decisions, actions or inaction of state executives, private performers. The actual vision of the principles of public administration of the executive system of Ukraine is determined. The opinion on the need to supplement the list of principles with the following: the principle of equal competition between state and private performers through the balance between them; the principle of responsibility of the executive system bodies, their officials and private executors for damage caused as a result of violations of regulatory requirements; the principle of introducing effective incentives for voluntary implementation of decisions; the principle of professionalism and competence. Also, within the submitted article, it is stated that the use of the terms “principles” and “principles” in the Laws of Ukraine “On Bodies and Officials Performing Enforcement of Court Decisions and Decisions of Other Bodies”, “On Enforcement Proceedings”, which are adopted simultaneously and regulated, are unjustified, identical social relations.

scholarly journals A Populist Monster and the future of Constitutional Democracy

2021 ◽  
Vol 4 (1) ◽  
pp. 83-100
Author(s):  
Andraž Teršek
Keyword(s):  
Rule Of Law ◽  
Legal Protection ◽  
Constitutional Court ◽  
Court Decisions ◽  
Constitutional Democracy ◽  
Council Of Europe ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
The Social ◽  
The Eu

Abstract The central objective of the post-socialist European countries which are also Member States of the EU and Council of Europe, as proclaimed and enshrined in their constitutions before their official independence, is the establishment of a democracy based on the rule of law and effective legal protection of fundamental human rights and freedoms. In this article the author explains what, in his opinion, is the main problem and why these goals are still not sufficiently achieved: the ruthless simplification of the understanding of the social function and functioning of constitutional courts, which is narrow, rigid and holistically focused primarily or exclusively on the question of whether the judges of these courts are “left or right” in purely daily-political sense, and consequently, whether constitutional court decisions are taken (described, understood) as either “left or right” in purely and shallow daily-party-political sense/manner. With nothing else between and no other foundation. The author describes such rhetoric, this kind of superficial labeling/marking, such an approach towards constitutional law-making as a matter of unbearable and unthinking simplicity, and introduces the term A Populist Monster. The reasons that have led to the problem of this kind of populism and its devastating effects on the quality and development of constitutional democracy and the rule of law are analyzed clearly and critically.

In Search of a Standard: References to the Rule of Law in the Case-law of the European Court of Human Rights

ICL Journal ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 43-69
Author(s):  
Eszter Polgári
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Case Law ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
Working Definition ◽  
European Court ◽  
Structured Analysis ◽  
Definition Of ◽  
Grand Chamber

AbstractThe present article maps the explicit references to the rule of law in the jurisprudence of the ECtHR by examining the judgments of the Grand Chamber and the Plenary Court. On the basis of the structured analysis it seeks to identify the constitutive elements of the Court’s rule of law concept and contrast it with the author’s working definition and the position of other Council of Europe organs. The review of the case-law indicates that the Court primarily associates the rule of law with access to court, judicial safeguards, legality and democracy, and it follows a moderately thick definition of the concept including formal, procedural and some substantive elements. The rule of law references are predominantly ancillary arguments giving weight to other Convention-based considerations and it is not applied as a self-standing standard.

Migration, law, democracy: identifiyng where the risk is

2009 ◽  
pp. 139-150
Author(s):  
Javier de Lucas
Keyword(s):  
Rule Of Law ◽  
Point Of View ◽  
Risk Society ◽  
Structural Factors ◽  
The Rule Of Law ◽  
Poor Countries ◽  
Definition Of ◽  
Sans Papiers ◽  
Migratory Movements ◽  
Migration Law

- This paper focuses on migration, law and democracy in order to identify where risk lies. The author concentrates on studying a recent case, the Directive on the Return of so-called illegal immigrants (sans papiers) approved by the European Parliament on 18 June 2008. The usual point of view, that of the dominant discourse, maintains that today's migratory movements constitute one of the structural factors that justify the definition of our societies as the "Risk Society". According to this point of view, the migratory flows entail a risk for social cohesion and even a destabilising potential for both democracy and the rule of law. The risk is illustrated by the menacing image of invasion threatening at our doors, hence the classical argument of the "demographic bomb" as the resource of poor countries. The author's thesis sustains that it is precisely our responses, in the form of migratory policy tools, that constitute a risk factor. Some of these tools, including this Directive, have become destabilising elements of the rules of the game and, moreover, of the values of the rule of law and of democracy.

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