scholarly journals INTERACTION OF THE NATIONAL ANTI-CORRUPTION BUREAU OF UKRAINE WITH INDIVIDUAL ENTITIES OF PUBLIC GOVERNANCE

2020 ◽  
pp. 274-283
Author(s):  
О. І. Сорський
Keyword(s):  
Law Enforcement ◽  
Information Exchange ◽  
General Characteristic ◽  
Legal Regulation ◽  
The State ◽  
National Bureau ◽  
National Agency ◽  
Public Authorities ◽  
State Audit ◽  
Financial Monitoring

The relevance of the article is that the National Anti-Corruption Bureau of Ukraine is the only law enforcement agency with a special status that performs the functions of combating and stopping corruption offenses. But, it is obvious that the forces of this state law enforcement body alone cannot qualitatively fight such a negative social phenomenon as corruption in public authorities. It is worth noting that real success in the fight against corruption can be achieved only through constant and fruitful interaction of this body with other public authorities. Moreover, such cooperation is facilitated by a fairly good construction of state bodies that perform various functions and tasks, including the detection and prevention of corruption, and they can really help the National Bureau of Ukraine in the fight against corruption. The article considers some aspects of the interaction of the National Anti-Corruption Bureau of Ukraine with the State Financial Monitoring Service of Ukraine, the State Audit Office of Ukraine, the National Agency for Prevention of Corruption, law enforcement agencies to detect and combat corruption and crimes, exposing perpetrators of corruption offenses. It was found that the interaction of the National Bureau with the National Agency for Prevention of Corruption has its own specific features and is characterized by the following factors: 1) the method of information exchange (electronic), 2) has a special level of information protection, 3) measures control by the parties to the interaction. A general characteristic of such interaction is that its procedure is clearly defined by laws and regulations of Ukraine and it is carried out in order to perform the tasks and functions assigned to the National Bureau. It is concluded that the interaction is both procedural and managerial in nature. Emphasis is placed on the outdated legal regulation of cooperation between the National Bureau and the State Audit Office of Ukraine and the lack of a legislative procedure for involving the National Bureau as a specialist representative of the State Audit Office of Ukraine.

Окремі проблеми визначення ефективності правового регулювання та ефективності його механізму з урахуванням їх проявів у сфері прикордонної безпеки України

2019 ◽  
Vol 24 ◽  
Author(s):  
О. Б. Ганьба
Keyword(s):  
Law Enforcement ◽  
Regulatory Mechanism ◽  
Legal Regulation ◽  
The State ◽  
Border Security ◽  
Legal Consciousness ◽  
Right Wing ◽  
Public Authorities ◽  
Current State

The article analyzes the approaches of various scholars to determine the effectiveness of legal regulation and its mechanism as general theoretical categories and manifestations of their effectiveness in the field of border security of Ukraine.The author points out that most scientists limit their coverage to the effectiveness of legal regulation as a whole, bypassing the problem of the effectiveness of its mechanism. Attention is also drawn to the fact that some researchers in their scientific works generally ignore the coverage of both the effectiveness of legal regulation and the effectiveness of its mechanism.The paper proposes factors to determine the effectiveness of legal regulation and its mechanism by various scholars. At the same time, the factors that reduce such efficiency are listed. Among them, the author calls, first of all, the following: backlog of rulemaking from new challenges and threats that take place in the field of Ukrainian border security; the complexity and multifaceted application of the rules of law in the field; the state of legal consciousness and legal culture of the subjects of right-wing activity, as well as the current state of economic, political and law-enforcement development of society and the state as a whole; quality of staffing of the legal and regulatory activity of public authorities, etc.It is argued that the categories of “regulatory effectiveness” and “regulatory mechanism effectiveness” are not identical, and the author proposes five positions to delineate the investigated efficiencies.Finally, the paper emphasizes that proving the lack of an identity between the effectiveness of legal regulation and the effectiveness of the regulatory mechanism will allow the further use of these valuation concepts as different, though closely related.

LEGAL REGULATION OF THE STATE AUDIT

2021 ◽  
pp. 24-27
Author(s):  
Dina Viktorovna SHEPELEVA ◽  
Olga Vladimirovna POPOVA
Keyword(s):  
Legal Regulation ◽  
The State ◽  
State Audit

LEGAL REGULATION DELEGATION OF AUTHORITY IN THE SYSTEM OF LOCAL SELF-GOVERNMENT IN UKRAINE

2018 ◽  
Author(s):  
Viktoriia Davydova ◽  
Keyword(s):  
Organizational Support ◽  
Central Place ◽  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
Public Authorities ◽  
Financial Autonomy ◽  
Socialist State ◽  
Delegation Of Authority ◽  
Delegation Of Powers

Delegation of authority itself, as an element of the system of relations in the sphere of local self-government, is one of the most difficult, since the completeness of the competences of local self-government bodies and their resource provision occupy a central place in the scientific discourse on this issue. The legal and organizational support of delegation is also unstable today from the point of view of the completeness of the mechanisms of administrative and legal regulation of this direction of the implementation of the right to self- government by communities. In the context of the administrative reform, the consolidation of administrative-territorial units, the stimulation of the creation of united territorial communities, the question of finding the most optimal model for organizing delegation, as a process of redistribution of powers, acquires particular relevance and importance. The aim of the research is to study the formation of legal regulation of delegation of powers in the system of local self- government in Ukraine. The article defines the content of legal regulation, which is characterized by such elements as form, subject and methods. Review that the forms of legal regulation are normative legal acts adopted according to the procedures by authorized public authorities, the subject of regulation of which is the process of delegation of powers in the local self-government system. The author revealed that the idea of local self-government, provides for the decentralization of power, organizational and financial autonomy of self- government bodies, contradicted the doctrine of the socialist state, as well as the task of the state of the proletarian dictatorship, was centralized by nature. It has been substantiated that the adoption of the Law of Ukraine dated May 21, 1997 No. 280/97-ВР "On local self-government in Ukraine" became a decisive step towards creating a system of local self-government in Ukraine, effective organizational and legal support for the delegation of powers in the local self- government system. By means of retrospective analysis, it was determined that the idea of local self-government, provides for the decentralization of power, organizational and financial autonomy of self-government bodies, contradicted the doctrine of the socialist state, as well as the task of the state of the proletarian dictatorship, was centralized by nature.

scholarly journals Legal regulation of legal relations in the field of land accounting

2019 ◽  
Author(s):  
D. Kondratenko
Keyword(s):  
Public Relations ◽  
Local Governments ◽  
Legal Regulation ◽  
The State ◽  
Main Body ◽  
Public Authorities ◽  
Registration System ◽  
Land Registration ◽  
Land Relations ◽  
Definition Of

Problem setting. The article analyzes the issue of legal relations in the field of land accounting. The legal nature of public relations in this area has been clarified. The accounting of the quantity and quality of land is investigated. The author’s definition of legal relations in the field of land accounting is provided. The circle of subjects of these legal relations is outlined. Analysis of recent researches and publications. To date, in the scientific literature there is no comprehensive study of the legal regulation of legal relations in the field of land accounting. There are only developments devoted to certain issues of land law science. Target of research. The study of the legal regulation of legal relations arising in the field of land accounting, the allocation of subjects of these legal relations. Article’s main body Justification of the appropriateness of obtaining, systematizing all the resources available on the land plot, determining the size, quality status and distribution of the land fund, providing the necessary data about the land, studying the legal relations arising on this occasion. The basis of the land registration and registration system in Ukraine is the State Land Cadastre. It reflects the subjective information on land, which accumulates as a result of land accounting. Such information is necessary primarily for the implementation of state control over the use, reproduction and protection of land. Only a legally regulated and wellmaintained process of conducting accounting and registration activities in the field of land relations can become the key to the introduction and functioning of a transparent mechanism for the circulation of land in market conditions and an effective mechanism for managing them. In this aspect, it is important to note that it is necessary to distinguish land accounting in the proper sense and land rights accounting (as a broader category compared to the first). In the context of the land registration reform and the further process of improving the State Land Cadastre, it is necessary to talk about the formation of land information relations. Conclusions and prospects for the development. Land accounting relationships are public relations that arise in connection with the activities of public authorities and local governments, which are endowed with appropriate powers to take measures to obtain, systematize and analyze information on the quantity, territorial location and use of land. The subjects of these legal relationships are landowners and land users, the state, state authorities and local selfgovernments, who are vested with the respective powers.

scholarly journals Methods of interaction of the state border service of Ukraine with other law enforcement authorities

2021 ◽  
Vol 66 ◽  
pp. 123-128
Author(s):  
I.I. Baidyuk
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
The State ◽  
Information Support ◽  
Universal Method ◽  
Coordination Control ◽  
Illegal Migration ◽  
Law Enforcement Agencies ◽  
Economic Methods ◽  
Forecasting Method

The article is devoted to defining the concept and methods of interaction of the State Border Guard Service of Ukraine with other law enforcement a. The meaning of the concept of "methods" is revealed. It is proposed to understand the methods of interaction of the State Border Guard Service of Ukraine with other law enforcement agencies as a set of tools used by these entities within the current legislation to organize and maintain relations between them to ensure border security, prevent smuggling, illegal migration and transnational crime. Features of such administrative methods of management as regulatory, administrative and normative are considered. It is noted that regulatory methods take place in the interaction of the State Border Guard Service of Ukraine with other law enforcement authorities. It is determined that persuasion as a universal method of management in the interaction of the State Border Guard Service of Ukraine with other law enforcement authorities is absent, and an example of the method of coercion is liability for non-compliance with acts of the State Border Guard Service of Ukraine. Such organizational methods in interaction of the State Border Guard Service of Ukraine with other law enforcement authorities as planning, forecasting, method of information support, method of decision making, methods of organizing the implementation of decisions and monitoring their implementation, methods of instructing and work with personnel are singled out. Emphasis is placed on economic methods in the interaction of the State Border Guard Service of Ukraine with other law enforcement authorities. The results of the survey show the problems in the use of methods of legal regulation, prohibitions, coercion, coordination, control in the management of the State Border Guard Service of Ukraine, which affect the effectiveness of its interaction with other law enforcement authorities and should be studied separately.

scholarly journals Students and terrorism: Study of Student Understanding Law No 5 of 2018 on Combatation of Criminal Acts of Terrorism in IAIN Surakarta

2020 ◽  
Vol 4 (2) ◽  
pp. 128-138
Author(s):  
Lukman Harahap
Keyword(s):  
Law Enforcement ◽  
Data Collection ◽  
Student Understanding ◽  
Economic Problem ◽  
The State ◽  
National Agency ◽  
Cultural Economic ◽  
Management Agency ◽  
Qualitative Descriptive ◽  
National Preparedness

This article aims to know in real student's understanding of Law No. 5 of year 2018 on combating criminal acts of terrorism. The data collection techniques used in this study use interviews, observations and documentation. Meanwhile the analysis used in this research is a qualitative descriptive. Simultaneous, planned and integrated aspects of prevention need to forward to minimize the occurrence of criminal acts of terrorism. The optimal prevention is done by involving ministries or related institutions as well as all components of the nation through the efforts of national preparedness, counter radicalisation, and deradicalisation coordinated by the National Management Agency Terrorism. To optimize the eradication of criminal acts of terrorism, it is necessary to strengthen institutional functions, especially the coordination functions held with the National Agency for Terrorism counter following its oversight mechanisms. While it relates to the eradication of criminal acts of terrorism in Indonesia is not merely a matter of law and law enforcement but it is also a social, cultural, economic problem closely related to the issue of national resilience So that policies and precautions and pemberantasannyapun are aimed at maintaining balance in the obligation to protect the sovereignty of the State, the rights of victims and witnesses, and the rights of suspects/defendants.

scholarly journals The Subject of the Migration Process as the Main Component of the Administrative and Legal Mechanism of Migration

2020 ◽  
pp. 274-285
Author(s):  
Iryna STOROZHUK
Keyword(s):  
Public Management ◽  
Separation Of Powers ◽  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Migration Process ◽  
Public Authorities ◽  
The Subject ◽  
Main Component ◽  
Legal Mechanism

One of the conditions for building the rule of law is to improve public management of migration processes in accordance with international standards. Migration is an integral part of any state. Migration processes can be affected by economic, political, social, demographic factors, environmental or man-made disasters. Not the least role in migration processes is played by military conflicts or religious or racial persecution. Migration is the movement of a person to change his or her place of residence or stay, involving the crossing of a state border or the boundaries of administrative-territorial units. The administrative and legal mechanism of migration covers the main elements of the migration process. The main one is the subject. Migrant as the subject is a person through whom migration relations arise. The system of public authorities is treated as a subject of regulation of migration processes on behalf of the state. It is the interaction of the subjects that makes migration relations real. The subjects of migration processes are: public authorities and administration, which are endowed with certain powers in the field of migration management. Individuals who have crossed administrative borders or changed their place of permanent residence can be citizens of Ukraine, citizens of foreign countries, stateless persons, refugees, internally displaced persons. Non-governmental organizations that do not have direct authority to manage migration processes and can have a direct impact on the integration of migrants into the new social environment. The ratio of executive, legislative and judicial power in the system of legal regulation of migration in Ukraine shows that the indispensable attribute of the state-power mechanism, built on the principles of separation of powers, is the executive power. It creates conditions for the implementation of the preventive function of the legislature, initiates changes in the current migration legislation; implements its own executive and administrative functions; supports the exercise of judicial functions by the judiciary and itself acts as an object of judicial influence. The analysis shows that geopolitical migration processes contribute to the expansion of the subjects of migration processes, and that one of the current problems of the modern system of administrative and legal regulation of migration processes is the need to reconcile the interests of the state, its citizens and migrants.

scholarly journals Legal bases of activity of law enforcement bodies in the field of security in border areas of Ukraine

2021 ◽  
pp. 93-96
Author(s):  
O.I. Nikitenko
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
The State ◽  
Global Changes ◽  
Law Enforcement Agencies ◽  
Internal Security ◽  
State Institutions ◽  
External Threats ◽  
Stage Of Development ◽  
Border Areas

This article is intended for the theoretical foundations of the strategy of security in the border areas of Ukraine by law enforcement agencies. Law enforcement agencies are existing in society and the state institutions and organizations that perform law enforcement and law enforcement functions whose main task is to ensure security in the border areas of Ukraine. At the current stage of development of Ukraine as a democratic social and legal state, taking into account the recent global changes in the world, the development of law enforcement agencies to ensure national and internal security from internal and external threats is one of the priorities of European policy. The choice of the population of Ukraine highlighted the problem of implementation of ratified agreements with the European Union, including the provisions of the European Charter in the field of security in the border areas of the state, as important components of the political and legal system of Ukraine. Ensuring state security, protection of the state border and protection in the border area of Ukraine in accordance with the Constitution of Ukraine is entrusted to military formations and law enforcement agencies of the state. The state pays special attention to improving the legislation in the field of administrative and legal regulation in the field of national and internal security of the state from internal and external threats. The formation of the scientific doctrine of the scientific order in Ukraine has its own difficult history. Maintaining and strengthening the rule of law in society in modern conditions, as a necessary prerequisite for the effective functioning of an extensive human rights mechanism with the participation of state institutions, law enforcement agencies, civil society require thorough doctrinal support.

scholarly journals On the Concept of the Human Rights Activities and the Human Rights System or on Organizational and Legal Prerequisites for the Nationwide Happiness

2021 ◽  
Vol 1 ◽  
pp. 27-35
Author(s):  
Yuriy V. Kim ◽  
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Police Officer ◽  
The State ◽  
Public Authorities ◽  
Head Of State ◽  
State Organizations ◽  
Definition Of ◽  
Almost All ◽  
Domestic Law

The terms “human rights activities” and “human rights system” are widely used in domestic law and law enforcement practice. The human rights dimension is represented in the functioning of almost all public authorities, from the ordinary police officer to the head of State. For many State and non-State organizations, human rights activities are profiling. Between, the category of human rights activities is not established in the special literature, nor is there a legislative definition of the concept, scope and subject of this sphere of activity. Accordingly, there is no proper coordination of human rights activities on the part of public authorities. The article specifies the content of the human rights function of the state and proposes approaches to increase its effectiveness.

scholarly journals Maintenance of unity and territorial integrity of Russia: some constitutional legal problems

2018 ◽  
Vol 2 (1) ◽  
pp. 91-103
Author(s):  
Svyatoslav V. Ivanov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Territorial Integrity ◽  
Legal Method ◽  
The People ◽  
Legal Space ◽  
The Russian Federation ◽  
State Registration

The subject. The article is devoted to the analysis of public authorities’ activities in order to strengthen unity of domestic legal space and the people of Russia with regard to constitutional legal support of the state unity and territorial integrity of the Russian Federation.The purpose of the article is to make a critical analysis of implementing a system that consists of constitutional legal rules and procedures of regulatory impact on the unity of domestic legal space and the people of Russia with the aim of increasing the effectiveness of their implementation.The methodological basis of the study includes general-scientific methods (analysis and syn-thesis, system-structural approach) as well as academic methods (formal-legal method, method of interpretation of legal acts).Results, scope. Consistent constitutional legal support of the state unity and territorial integrity of the Russian Federation requires elimination of defects and gaps in legal regulation and improvement of law enforcement practice. In particular, it is necessary to eliminate the practice of denial of a state registration of political parties on insignificant formal grounds in order to implement guarantees of the unity of the people of Russia.Conclusions. The consistent strengthening of the unity of domestic legal space and the people of the Russian Federation is of paramount importance to the constitutional and legal support of its state unity and territorial integrity. It is necessary to eliminate a number of legal defects and to make law enforcement practice more effective in order to implement these constitutional values.

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