Legal policy of the state: to definition concepts and contents

Author(s):  
Natalia Harchenko

Goal. The purpose of the work is a comprehensive theoretical and methodological analysis of the definition of the concept and content of modern legal policy of the state. Method. The methodology of the study involves the use of a number of general and special methods of cognition, in particular: terminological analysis, synthesis, induction, deduction, structural-functional and comparative law. Results. In the course of the research it is proved that in modern conditions the legal policy of the state is determined in theoretical and practical aspects. Thus, in the theoretical aspect, the legal policy of the state is the legal ideology of the state, which includes ideas, theories, concepts, doctrines, strategies, programs, etc., enshrined mostly in the form of regulations. In the practical aspect, the legal policy of the state means the activities of the state to exercise effective legal influence on all spheres of public life. In all the considered approaches to the definition of the category of "legal policy" there is one common feature - the state-will character, which forms its power-imperative content. The features of legal policy include: based on law; implementation by legal methods; coverage mainly of the legal sphere of activity; reinforcement, when necessary, by force, coercion; publicity, formality; it has an external expression in the form of legal and organizational forms of its implementation. Scientific novelty. According to the results of the study, the legal policy of the state is designed primarily to manage the legal development of the state, to be aimed at improving legal means and mechanisms of legal tools to ensure the most optimal development of relations in various spheres of society. Practical significance. The results of the study can be useful in the process of formation and implementation of the general theoretical concept of legal policy of the modern state.

Author(s):  
Adam Bodіuk

The subject of the study is the mechanism for determining the fiscal fee forthe main transportation of hydrocarbon goods as a resource concept. The purposeof this article is to justify the nature and prospects of using, instead of currentrent, hydrocarbon fiscal-main income as a fiscal payment, which is brought intothe state budget by operators of the main hydrocarbon-transport system as business entities for their transportation of hydrocarbons and products of their processing through main pipelines appropriate to the economic requirements. Theresearch methodology is determined by a combination of methods: a) cognition:legal analysis (study of the regulatory framework for the use of rent); b) justification: abstract logical analysis (definition of the concepts of hydrocarbon fiscalmain income); c) generalization (substantiation of conclusions and proposals).Results of work. In the process of analyzing the regulatory legal acts that regulate the use of current annuity as payment to the budget for the main transportation of hydrocarbons, it was established that it is not a tax in the interpretationof PKU, since the essence does not meet the official definition of tax, does notmeet the accepted definition of the concept of rent. The accepted nature andmechanism of paying rent for the transportation of hydrogen resources and associated revenues of the state and users of the main hydrogen transport systemand the unpromising nature of its use as a fiscal payment are analyzed. Conclusions.It is proposed that the state pay for the territorial pumping of hydrocarbon resources according to our triple principle as hydrocarbon fiscal-main income, whichcorresponds to its essence, and accordingly change the mechanism for calculatingand depositing funds to treasury accounts. Since the funds come to the revenueside of the state budget, that is, inherently belong to state revenue. The creationof such a mechanism needs certain studies, justifications and government decisions. The same applies to land use, since the quality indicators of soils, wherethe laid pipelines are territorially different. In addition, there is a process ofchanging land for its intended purpose, for the property. The fee for movinghydrocarbon resources should be calculated depending on the type of transport,including pipelines, for a set of indicators: quantity and quality of goods, time,main tariffs and distance of its movement. The amount may be adjusted usingfactors officially established by the CMU. Since the pipelines are located in territorial lands, part of this fee should be transferred to the territorial local budgets.Theoretically, the economic use of trunk pipelines should be considered as a typeof economic environmental management. Therefore, this type of government revenue should be determined by a set of indicators, as well as taking into account the economic interests of business entities authorized by the CMU. Thus, theimplementation of our proposed fiscal payment is relevant, has scientific noveltyand promising practical significance, therefore, for state recognition it is proposedto include it in the Tax Code of Ukraine.


2021 ◽  
Vol 7 (3A) ◽  
pp. 385-393
Author(s):  
Oleksii Debre ◽  
Nadiia Vakulenko ◽  
Anastasiia Savchenko ◽  
Larysa Lysenko ◽  
Marianna Kondor ◽  
...  

The relevance of the study of the relationship between professional competencies of the future teacher of technology and the formation of students' key subject competencies. The study aims to determine the system of preparation of future teachers of labor education and technology. A sociological survey among 700 students of specialty 014.10 Secondary education (Labor training and technology) based on Poltava V.G. Korolenko National Pedagogical University (Ukraine). The correlation of the subject competencies defined in the standard with the professional competencies of a teacher was determined: fluency in the state language - generalization of previously learned material, ability to communicate in the native (with a difference from the state) and foreign languages - consolidation of learned material, mathematical competence - development of the ability to self-learn, competence in natural sciences, engineering, and technology - development of active listening skills, innovation - storage of large amounts of information. The practical significance of the study was the provision of recommendations on the model of formation of subject student competence through the definition of its basic principles.


Author(s):  
А. В. Артьомова

Formulation of the problem. Taking into account the tendencies of globalization of financial markets and economic relations as a whole, as well as the causes and consequences of the global financial crisis, the study of balance of payments balances become more and more relevant. The purpose of the research is to justify the theoretical basis of the formation of the balance of payments; studying the concepts and models of regulation of the balance of payments of the state; definition of structural elements and clarification of the macroeconomic value of the balance of payments; substantiation of directions of balancing the balance of international settlements; studying the impact of macroeconomic policy on the country's balance of payments; the formation of a strategy for reducing the deficit of the balance of payments. The object of research is the model of regulation of the balance of payments of the state. The methodological basis of the study was the methods and principles of the scientific knowledge of general and special methods and techniques used in the regulation and definition of the structural elements of the balance of payments. The hypothesis of the research is the assumption that for Germany's prosperity, analyzing the structure of GDP by industries over the past ten years, in the future it is necessary to focus on the development of those industries in which employment slightly decreased over the analyzed period. The statement of basic materials. The article deals with the origin of the concept of "balance of payments" in its modern sense. We studied countries that were forced to publish the balance of payments due to the emergence of inflationary processes. The trade balance of Germany in the conditions of crisis and post-crisis development of the world economy is investigated. The originality and practical significance of the research. It should be noted that in the scientific world there is a discussion on determining the main factors and the nature of their impact on the balance of payments of the country, as well as the causes of deficits in the balance of payments. Conclusions of the research . In this paper, approaches to a comprehensive assessment of the equilibrium of the balance of payments of the states are proposed on the basis of comparative analysis of the three groups of indicators. According to the results of the approbation of this approach, the balance of payment balances of the world's largest economies was assessed.


2021 ◽  
pp. 323-328
Author(s):  
V. M. Ternavska

The interpretation of law plays a special role in the process of legal communication. Subjects of law, entering into legal relations of a certain type, interpret the content of legal norms already at the subconscious level with the aim of better satisfying their subjective rights, realization of legitimate interests and the proper implementation of legal obligations. The rule of law has general and abstract character that permit to cover a large number of specific situations, but which always differ in their individuality, their personalized nature. Taking into account this, as well as the existing shortcomings of the rule-making process, such as the presence of the vast majority of blanket and reference norms in constitutional law and non-compliance with the rules of legal technique, resulting in difficulty of expression or lack of normative definition of special legal terms, there is a need for interpretation of legal acts. The article is devoted to determining the nature of the interpretation of law and its role in the implementation of the constitutional and legal policy of the state. Various methodological aspects of the concept of legal interpretation and techniques of interpretation of law, as well as the criteria of truth and correctness of interpretation of law in the process of learning the content of legal norms are studied. The ratio of the categories «legal interpretive policy» and «legal interpretive form of legal policy implementation» is analyzed. It is concluded that the state-authorized subjects of legal interpretation, based on legal doctrine, form a legal interpretive policy aimed at developing a strategy and tactics for unification of legal ideas on adequate and uniform understanding and application of norms of the Constitution of Ukraine and other legal acts by all subjects of constitutional law. The means of achieving the goals of legal interpretive policy and fulfilling its tasks are legal doctrine, legal interpretation technique, interpretive practice, information resources and legal interpretative acts. Legal interpretive policy gives grounds to single out legal interpretation as an independent form of implementation of constitutional and legal policy along with law enforcement form, which is important for proper protection of human rights and freedoms, development of civil society and principles of sovereignability of the Ukrainian state on the basis of their equal understanding and application. Keywords: interpretation of law, legal interpretative acts, legal interpretive technique, constitutional and legal policy, legal interpretive policy.


Author(s):  
Oksana Pidvalna ◽  
Svitlana Bohuslavska

The article considers the tourism industry as a socio-economic phenomenon in the region. The research methodology was the scientific works of domestic and foreign researchers on the theory of formation and organization of the tourism industry, economics and tourism management, analytical materials of official statistical publications. In the theoretical aspect, approaches to the definition of "tourism" and "tourism industry" are considered. For a clear interpretation of tourist terms and concepts, the definition of tourism is grouped into two groups: conceptual and essential. In addressing the issue of classifying the industry as an independent industry, the author takes into account the main factors forming all the features, their compliance with certain qualifications for which tourism organizations are part of the regional economy, their dependence on the nature of the main activity. Based on the analysis of the conceptual apparatus of the definitions of "tourism" and "tourism industry", the conceptual concept of one of the main elements of the tourism industry - the tourism industry. The state of tourism development and factors influencing the competitiveness of tourism entities are analyzed. Analysis of the state of development of the tourism industry in Ukraine showed that the development of tourism in the country is currently only at an early stage. The characteristic features of the sets of organizations that form a separate industry, such as tourism. In studying the features of the organization, development and management of the tourism industry with the participation of the state, three management models have been identified. The first model assumes the absence of a central state tourism administration, all issues are resolved on the ground on the basis of the principles of market "self-organization". The second model assumes a strong and authoritative ministry that oversees the activities of the entire industry. Its implementation requires certain conditions, namely large financial investments in the tourism industry, advertising and marketing activities, investment in tourism infrastructure. The third model prevails in European countries and is that the development of tourism in the country is decided at the level of any multidisciplinary ministry.


2020 ◽  
Vol 4 (1) ◽  
pp. 75-84
Author(s):  
Margarita K. Borodavina ◽  
Svetlana V. Rybakova ◽  
Anna V. Savina

The subject of the research is the concept and content of financial uncertainty as a new institution of financial law and, at the same time, a new phenomenon of financial and le-gal science. The purpose of the article is to determine the essence of financial uncertainty, to analyze the features and practical significance and identify factors that affect the occurrence of financial uncertainty. The methodology of the study includes methods of dialectical logic, analysis and synthe-sis, as well as formal legal analysis of legal acts. The main results and scope of their application. The financial uncertainty is a new institu-tion of financial law and, at the same time, a new phenomenon of financial and legal sci-ence. Although the elements of financial uncertainty as the economic phenomenon are not new and are known to the practice of financial legal relations and the norms of finan-cial legislation. Since the system of financial law is multi-spectral, especially in modern economic condi-tions, the institution of financial uncertainty, like many other institutions of financial law, is multifaceted and has its own characteristics in the framework of tax law, budget law, institutions of financial and legal regulation of banking and insurance, as well as other. For the general part of financial law, it is necessary to determine the definition of the concept of "financial uncertainty", its signs and elements. It is important to distinguish between the content of the institution of financial uncertainty in the legal regulation of fiscal interests of the state, as well as the interests of the state in public law regulation of finance of the private sector of the economy. In addition, to understand the problems of the institution of financial uncertainty in the subject of financial law, it is important to distinguish be-tween financial and monetary relations. In all cases, the key, initial condition for scientific discourse is the risky nature of financial planning and forecasting. It is the principle of planning as one of the important principles of financial law that must be studied in the development of the desired institution. Conclusions. Financial uncertainty as a legal institution is complex because uncertainty and risks permeate the entire sphere of public financial activity: fiscal, parafiscal, mone-tary (including payment). In this regard, it can be argued that aspects of financial uncer-tainty relate, in fact, to each link of the financial, credit, monetary, and payment systems, and, accordingly, to each institution of a special part of financial law.


Ekonomika APK ◽  
2021 ◽  
Vol 322 (8) ◽  
pp. 67-78
Author(s):  
Ivan Marko ◽  
Oksana Radchenko ◽  
Oleksandr Melnychuk

The purpose of the article is to substantiate the features of financial risks of the budget component of financial security of Ukraine on the example of the analysis of expenditures for individual security-forming sectors. Research methods. A monographic method was used to review scientific publications of researchers and the regulatory framework on budget security, empirical, systemic and comparative analyzes and synthesis for monitoring indicators and sub-indices of financial and budget security, a graphical method to reflect the dynamics of the studied indicators, a statistical method to identify the integration of risks, abstract logical for theoretical generalizations and conclusions. Research results. Financial risks for the sphere of budget security are classified. The dynamics of the integrated index of economic security and subindex of financial security, and in its structure, budgetary security is analyzed; operational budget expenditures and expenditures on the food and national security sectors. The directions based on which the types of budget security are regulated are determined: focus on achieving the strategic goal; the need to guarantee the priority of budget expenditures for specific industries in the context of political, economic, artificial and global crises; for economic sectors - compliance with the balance of the industry's contribution to GDP and the share of its funding from the State Budget. Scientific novelty. The definition of financial risks of budget security as threats to organizational, regulatory, and administrative measures for the formation of state budget revenues and expenditures has been further developed. The analysis of financial security sub-indices for the current period is in-depth. The connection between financial and budgetary security has been established. The dependences of the dynamics and efficiency of budget expenditures on individual security-forming industries are studied. Methodological support of budget security analysis processes and approaches to the effectiveness of state regulation has been improved. Practical significance. Improvement of the grouping of financial risks, methodical approaches to the definition of directions of the state regulation of decrease in the level of financial risks in the field of budgetary safety is offered. Some conclusions of the study can be used to form the Strategy for the development of security-forming industries. Tabl.: 7. Figs.: 1. Refs.: 31.


Ekonomika APK ◽  
2020 ◽  
Vol 312 (10) ◽  
pp. 87-98
Author(s):  
Mykola Hrytsaienko

The purpose of the article is to substantiate theoretical and methodological bases for determining the place of social capital in the development of the agricultural sector, as well as the factors influencing its formation Research methods. The research used dialectical methods of cognition of processes and phenomena, including the monographic method (analysis of scientific achievements of Ukrainian and foreign scientists on the problems of social capital development), abstract-logical (theoretical generalizations and conclusions), the method of hierarchy analysis (determining the significance of factors). forming social capital). Research results. The key concepts of the social capital are studied, the author's definition is formulated. The structuring of specific features of social capital has been carried out. Social capital is considered as a set of components (trust, norms, social networks), which act as a means of horizontal and vertical connection between the elements of the hierarchical system of the national economy and its individual areas of activity. Based on the application of the method of analysis of hierarchies, it is proved that the formation of social capital is most influenced by personal and family relations, institutional trust and living conditions. Scientific novelty. The author's definition of the concept of social capital is formulated, its specific features, features of manifestation at different levels of the hierarchical system of the national economy and its spheres, in particular agrarian, as well as the factors that have the greatest influence on its formation. Practical significance. The use of the obtained results will allow to determine the aspects of formation and use of social capital of the agrarian sphere as a kind of basis for the development of rural areas and agrarian entrepreneurship. Tabl.: 7. Figs.: 2. Refs.: 30.


Author(s):  
S. Sharap

The purpose of the paper is to summarize scientific approaches to the definition of the content of the concept of "personnel policy"; determine the types of personnel policy and peculiarities of the state personnel policy and personnel policy in the State Border Guard Service of Ukraine. The analysis of problems of formation of the state personnel policy in law-enforcement bodies is made, since the security of the state depends on the quality of personnel potential. Novelty is the author's definition of the concept of "personnel policy in the State Border Guard Service" in the broad sense is a complex of legal, organizational and managerial decisions and socio-psychological measures aimed at the formation of the necessary human resources and ensuring their effective work on solving tasks entrusted to the SBGS. In the narrow sense, we propose to understand the personnel policy of the State Tax Administration in the form of a complex of adopted state decisions regarding the provision of SBGS by highly skilled specialists through the implementation of a set of scientifically based methods of work with personnel. The practical significance of the research results is that they can become the basis for further scientific and theoretical research of personnel policy.


2020 ◽  
Vol 15 (7) ◽  
pp. 11-21
Author(s):  
V. P. Belyaev ◽  
B. B. Bidova

The paper analyzes approaches to understanding the essence of national interests of the modern Russian State in the context of general theoretical standings. Attention is drawn to the fact that legal science focuses only on the political or economic aspects of national interests. However, a general theoretical perspective of the essence and content of national interests remains in the background. For these purposes, the paper focuses on some scientific approaches to understanding national interests and describes certain essential characteristics and their features. In the authors’ view, the essence of national interests is manifested through the prism of studying their characteristics, which reflects the author’s understanding of the definition of national interests as a substantive element (along with threats) of the national security of the State. Characteristics of national interests include: connectivity with the interests of the State, social justice, dependance on the interests of the State and society, consistency and complexity, awareness and integration, as well as their dependence on the economic situation in the country and its spiritual and cultural sphere. Thus, the authors present their own definition of national interests.


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