PROBLEMS OF DISCIPLINARY LIABILITY OF PUBLIC OFFICERS

2019 ◽  
pp. 135-141
Author(s):  
Tetiana Humeniuk
Keyword(s):  
Practical Importance ◽  
Functional Results ◽  
Legal Regulation ◽  
Civil Servants ◽  
Disciplinary Action ◽  
Labour Law ◽  
Public Servants ◽  
Special Character ◽  
The Status ◽  
The Subject

Purpose. The purpose of the article is to address the problems of the legal consolidation and the application of disciplinary liability against public servants. Methods. The methodology involves a comprehensive study of theoretical and practical material on the subject, as well as the formulation of relevant conclusions and recommendations. During the research the following methods of scientific knowledge were used: dialectical, terminological, formal-logical, system-functional. Results. In the course of the research it was established that disciplinary responsibility had the following features: 1) disciplinary responsibility of civil servants is a special disciplinary responsibility. Its special character is due, firstly, to a special category of employees - the status of a civil servant, secondly - to the specifics of disciplinary penalties, and thirdly - to a special order of their application; 2) at this stage of legal regulation, one of the following types of disciplinary action is applied to civil servants: a remark; reprimand; warning of incomplete official compliance; dismissal from civil service Scientific novelty. According to the results of the study, it is established that the disciplinary responsibility of civil servants at the present stage requires changes in terms of consolidation of disciplinary penalties of property character. Practical importance. The results of the study can be used to improve the labour law of Ukraine in terms of disciplinary responsibility of civil servants.

scholarly journals ON QUESTION OF THE PRINCIPLE OF EQUITY IN THE ENFORCEMENT OF MONETARY OBLIGATIONS

2018 ◽  
Vol 1 (2(14)) ◽  
pp. 99-102
Author(s):  
Halyna Volodymyrivna Zadorozhnia ◽  
Yurij Anatoliyovych Zadorozhnyi ◽  
Ruslana Оlexandrivna Kotsiuba
Keyword(s):  
Research Study ◽  
Legal Regulation ◽  
The State ◽  
Entrepreneurial Activity ◽  
Target Setting ◽  
The Status ◽  
Legislative Proposals ◽  
The Subject ◽  
Legislative Changes ◽  
The Individual

Urgency of the research. Study of the problem of implementation of monetary obligations in the field of banking relations is determined by violation of the principle of equity in relation to individuals. Target setting. The state has actually removed from the regulation of credit relations in the field of ensuring the fulfilment of monetary obligations that arise between the individual and the bank. Actual scientific researches and issues analysis. Many modern scientists (I. Bezklubyi, T. Bodnar, A. Dzera, A. Kolodiy, V. Lutz, I. Opadchiy and others) studied the institution of the fulfilment of monetary obligations. Uninvestigated parts of general matters defining. Behind attention of scientists was left the issue of protecting the rights of individuals who have monetary obligations to the bank and do not have the status of the subject of entrepreneurial activity. The research objective. The purpose of the article is to develop legislative proposals taking into account international and foreign practice in the aspect of protecting the rights of individuals who have monetary obligations to the bank. The statement of basic materials. Specifics of legal regulation of contractual relations is determined between banks and recipients of funds in the aspect of liability for late fulfilment of monetary obligations, propositions to the legislation were substantiated. Conclusions. It is offered to solve the problem of violation of the principle of fairness in the aspect of fulfilment of monetary obligations in the field of banking relations through legislative changes.

STAGES OF FORMATION OF THE WORLD VICTIMOLOGICAL THOUGHT

2021 ◽  
Vol 2 (2) ◽  
pp. 19-28
Author(s):  
Oleksandr Dzhuzha ◽  
◽  
Dmytro Tychyna ◽  
Valeriy Syuravchik ◽  
◽  
...  
Keyword(s):  
Practical Importance ◽  
Crime Victims ◽  
Complex Nature ◽  
Prevention Measures ◽  
Legal Origin ◽  
Historical Aspect ◽  
Conceptual Apparatus ◽  
The World ◽  
The Status ◽  
The Subject

The relevance of the article is due to the need to clarify the historical aspect, the genesis of victimology, as well as the content of its conceptual apparatus, the formulation of hypotheses and the improvement of its scientific tools. The concept of victimization is a reflection of essential means and relationships, phenomena and processes that are directly related to crime. The problematic aspects of the relatively complex nature of the conceptual apparatus of victimology have been identified, as a result of which a large number of concepts of non-legal origin in criminology are fraught with the danger of destroying the mechanism of legal assessments and conclusions on crime, its causes, the identity of the offender and the victim, and prevention measures. Elucidation of the historical aspect, genesis of victimology, as well as the content of its conceptual apparatus, is a dynamic process of reconciling hypotheses and positions, thoughts and views of criminologists, victimologists, lawyers, sociologists and psychologists, the results of which form the doctrinal basis of victimology. The stated positions are an attempt to somewhat streamline the diversity of scientific approaches to the content of individual elements of the subject of victimology, which, in turn, forms the motivation for further discussion of representatives of domestic and foreign criminological schools. Justification of the genesis and content of the conceptual apparatus of victimology, its individual theoretical provisions is an integral part of the development of the concept of combating crime and has not only scientific, but also important practical importance. Consequently, the tasks of victimology include the study of not only those who was the victim, but also those who have never acquired the status of a direct victim of the crime. The purpose of such studies are to identify a complex of certain properties capable of imported in criminal manifestations, which allows to carry out the victimological forecast for both individual and mass levels. The study of crime victims is necessary to solve many problems, especially related to the organization of their physical protection.

scholarly journals Jurisdiction over claims made against public-legal institutions

2020 ◽  
pp. 1-8
Author(s):  
Nikolay Basmanov ◽  
Andrei Vladimirovich Ilin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Practical Importance ◽  
Legal Regulation ◽  
Legal Institutions ◽  
Legal Method ◽  
Procedure Code ◽  
Arbitration Procedure ◽  
The Subject ◽  
The Russian Federation

This article discusses the question of territorial jurisdiction over claims made against public-legal institutions (Russian Federation, constituent entities of the Russian Federation, municipal formations). The subject of this research is the current procedural norms regulating the questions of jurisdiction, and the established law enforcement practice. Attention is turned to the existence of gaps in legal regulation of the question of jurisdiction over claims made against public-legal institutions in the Civil Procedure Code of the Russian Federation and Arbitration Procedure Code of the Russian Federation. The authors analyze the established approaches in law enforcement practice towards solution of the aforementioned problem. Methodological framework includes the comparative-legal method and such formal-logical methods, as analysis, synthesis and induction. The relevance and practical importance are substantiated by the subject of research – the law enforcement practice formed by the Russian judicial authorities over the recent years. The conclusion is made on the need for elimination of the existing gap in the normative-legal regulation by amending the current procedural legislation.

scholarly journals On the peculiarities of the regional lawmaking process

2020 ◽  
pp. 25-38
Author(s):  
Olga Anatolevna Fomicheva
Keyword(s):  
Russian Federation ◽  
Process Analysis ◽  
Legal Regulation ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
The Right

The subject of this research is practice of the constituent entities of the Russian Federation applied in legal regulation of lawmaking process. Analysis is conducted on legislation of the constituent entities of the Russian Federation regarding the establishment of their rights to realization of the legislative initiative. The author’s arguments on carrying out the analysis of regional legislation with regards to establishment of a circle of subjects with the right of legislative initiative are grounded on the scholars’ opinion that the status of the subject of realization of legislative initiative is special. The fact of recognition of the subject of lawmaking process as a subject of legislative initiative is a juridical fact bot only for acquisition of the right to introduction of a bill, but also guarantees for participation in lawmaking process of the parliament. Therefore, establishment of a circle of subjects with the right of legislative initiative is crucial in determination of peculiarities of the regional lawmaking process. Application of the general scientific methods of analysis and synthesis, allowed arranging the circle of the subjects of lawmaking process into groups, as well as formulate a conclusion on the specificities of setting rules for the lawmaking process realized in constituent entities of the Russian Federation. The philosophical methods of cognition of legal reality allowed determining the general rules of lawmaking process, summarize the acquired data, and comprehensively examine the research materials. Having analyzed the practice of legal regulation, the author identified the flaws in terminology used in practice of the constituent entities of the Russian Federation. Recommendations are made to pay closer attention to ambiguity of legislation in some regions of the Russian Federation. A conclusion is formulated on the positive experience that can become an example for other constituent entities of the Russian Federation in setting rules for the lawmaking process.

scholarly journals The Status of Uber Drivers: A Purposive Approach

2017 ◽  
Vol 6 (1-2) ◽  
pp. 6 ◽  
Author(s):  
Guy Davidov
Keyword(s):  
Psychological Needs ◽  
Social Psychological ◽  
Labour Law ◽  
Independent Contractor ◽  
Independent Contractors ◽  
Gig Economy ◽  
The Status ◽  
Heated Debate ◽  
The Subject

Abstract: The status of Uber drivers – the question of whether they are independent contractors (as argued by Uber) or employees – has been the subject of a heated debate recently. The goal of this paper is to address this question at the normative level: what should the law be in this regard? It begins, in part II, by briefly discussing some preliminary issues about how to address the problem: does it make sense to retain the employee/independent contractor distinction at all? Is it justified to maintain an “all or nothing” dichotomy? Should we leave the determination of “who is an employee” to courts? And finally, how should we interpret the term “employee” that appears in legislation? As will become clear, my approach is purposive, and Part III outlines – based on my previous writings – what this means in the context of identifying an employment relationship that justifies the application of labour laws. I will briefly consider several goals of labour law, and suggest that the most useful level of abstraction for current purposes is to focus on the unique vulnerabilities of employment, which I identify as democratic deficits (subordination, broadly conceived) and dependency (economic as well as for social/psychological needs). Finally, part IV applies these general principles to the specific context of Uber drivers, concluding eventually that Uber drivers should be considered employees.Keywords: employee, independent contractor, Uber, gig economy, on demand.

scholarly journals REMUNERATION OF PUBLIC SERVANTS IN THE FEDERAL REPUBLIC OF GERMANY

2019 ◽  
Vol 4 (5) ◽  
pp. 228
Author(s):  
Larysa Nalyvaiko ◽  
Galiya Chanysheva ◽  
Serhii Kozin
Keyword(s):  
Federal Republic ◽  
Public Service ◽  
Legal Regulation ◽  
Civil Servants ◽  
Structural Method ◽  
Federal Republic Of Germany ◽  
Public Servants ◽  
Legal Method ◽  
Public Servant ◽  
The Law

The aim of the article is to determine the specificities of the remuneration of civil servants in the Federal Republic of Germany. The subject of the study is the remuneration of civil servants in the Federal Republic of Germany. Methodology. The study is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The dialectical method enabled to interrogate the development of the institution of the remuneration of civil servants in the Federal Republic of Germany. The comparative legal method enabled to compare doctrinal approaches to this issue. The system-structural method enabled to determine the elements of the remuneration of civil servants of the Federal Republic of Germany. Methods of analysis and synthesis helped study certain parts of this institute to formulate further conclusions about its most optimal functioning. The logicsemantic method was used to determine the content of the principles of “ensuring a decent standard of living for a public servant,” “equality of public service actors” and “allowance/supplies”. The normative-dogmatic method enabled to analyse the content of legal regulations of the domestic legislation and the legislation of the Federal Republic of Germany on the issue. Practical implications. The determination of the specificities of the remuneration of public servants in the Federal Republic of Germany enabled to make recommendations for improving the remuneration system of this category of employees in Ukraine, as well as identify problematic issues that require further consideration and research. Relevance/originality. The author’s definition of the concept of “remuneration of public servants” is proposed and the specific features of this institute, insufficiently studied before, are analysed. The article analyses the specificities of the remuneration of public servants. Their list is determined and the content of each of them is disclosed. The specificities of the remuneration of public servants are substantiated in comparison with other categories of employees. The study of the positive experience of Germany enabled to suggest: to adopt a special legal regulation on the remuneration of public servants in Ukraine, that is, the Law of Ukraine “On Remuneration of Public Servants”; to provide in the norms of the Law of Ukraine “On Public Service” the allowances for the professionalism of a public servant; to provide public servants with the opportunity to carry out another paid activity subject to the special permission of the head of a state body.

scholarly journals Concealment of information as a form of abuse of post by an employee

2020 ◽  
pp. 50-56
Author(s):  
Alena Viktorovna Ostapenko
Keyword(s):  
Labor Law ◽  
Legal Regulation ◽  
Comprehensive Analysis ◽  
Labor Rights ◽  
Employment Contract ◽  
Hiring Process ◽  
Labor Agreement ◽  
Legal Perspective ◽  
The Status ◽  
The Subject

The subject of this research is such legal phenomenon as the abuse of post by an employee in form concealment of information. The author analyzes the labor law, determines the gaps in legal regulation of the questions of abuse of position by employees. The article examines most common instances of abuse of post by employees in form of concealment of legally important facts from the employer, as well as carries out their classification by cases of concealment of information in the hiring process, in course of exercising their labor rights, and in termination of employment contract. The author underlines the inequality of the status of employer and employee with regards to protection by against the abuse of the opposite party of labor agreement. It is established that the range of the methods of protection of interests of the employer is limited, while an employee is in a much better position from the legal perspective. The scientific novelty consists in comprehensive analysis of legislative gaps in the area of regulation of misconduct of employees in the form of concealment of information. The author offers the mechanism for preventing the abuse of post by employees in the form of concealment of information, which is based on inclusion into local regulatory acts of the norms aimed at protection of rights and interests of the employer.

scholarly journals Legal regulation of the supply agreement in Russia

2021 ◽  
pp. 197-207
Author(s):  
Andrei Aleksandrovich Morozov ◽  
Konstantin Gennad'evich Svarchevskii ◽  
Aleksei Leonidovich Sachenko
Keyword(s):  
Soviet Union ◽  
Legal Regulation ◽  
Russian Empire ◽  
Regulation Mechanism ◽  
Political Systems ◽  
The Status ◽  
The Subject ◽  
The Russian Empire ◽  
Original Classification

The subject of this research is examination of the causes for the emergence of the contractual structure for the supply of goods, as well as the evolution of the development of legal regulation mechanism of the supply agreements in the Russian Empire, Soviet Union, and modern Russia. The study of the supply agreement is conducted in its relation to the purchase and sale agreement. The relevance of this research is substantiated by the importance of knowing the peculiarities of regulation of civil law framework of the supply agreement and the need for systematization of views upon the development of legal regulation mechanism of the supply agreement in different periods and political systems in Russia, thereby dividing all periods of legal regulation of the supply agreement into several stages. The author underlines the importance of comparative analysis of the purchase and sale agreement with the supply agreement throughout the entire time of their coexistence. The author systematizes the information on the development of legal regulation mechanism of the supply agreement; offers the original classification of its evolution consisting of several stages: prerevolutionary, Soviet, and modern; substantiates the formulated conclusions; analyzes the interrelation between the purchase and sale agreement and the supply agreement, as well as their role during each of the highlighted stated of evolution of the legal regulation mechanism of the supply agreement. The article also analyzes the peculiarities of the purchase and sale agreements within the framework of each period under review; determines the status of the purchase and sale agreement, and the degree of its autonomy.

scholarly journals Establishment of state language institute in Ukraine

2019 ◽  
pp. 13-19
Author(s):  
T.O. Ryabchenko ◽  
D.V. Murach
Keyword(s):  
Legal Regulation ◽  
The State ◽  
National Language ◽  
Historical Period ◽  
The People ◽  
The Status ◽  
The Subject ◽  
Linguistic Relations ◽  
State Language

The article deals with the peculiarities of becoming a constitutional-legal institute of the state language in Ukraine. The main part of the research is devoted to the analysis of the laws of origin of the considered institute, the prerequisites of the modern stage of its development, and therefore the generalization of the factors that led to the establishment and final consolidation at the legislative level of the status of the state language in the context of creating the national language of the people of Ukraine, the establishment of the Ukrainian political nation. Within the framework of this article, considerable attention is given to the characterization of the stages of the genesis of the institute of the state language, starting from the 9th to the beginning of the twentieth centuries. The author of the article emphasizes the conditions that contributed to the formation of regulations in the field of language policy in Ukraine. The subject of the study is the legal monuments of Ukraine, the legislation in force in the territory of Ukraine during the period under review, which regulated the language relations and, consequently, the approval of the state language as a legal institute. Critical analysis of the normative mechanisms of functioning of the Institute of the State Language was carried out. It is suggested to take into account certain features of the legal system, characteristic of a specific historical period of development of Ukraine. This approach, in the author’s opinion, is expedient, since it provides an opportunity to distinguish the main stages of becoming a state language as an institution of constitutional law and to understand the mechanism of constitutional and legal regulation of linguistic relations. At the same time, a chronological division of the process of formation of the state language institute into periods according to belonging to the stages of its formation was made. The regularity of the relevant division is determined, which defines the purpose of this study, and therefore, the legal characterization of the selected periods and stages of formation of the Ukrainian language, the search for regularities in their correlation. Keywords: constitutional-legal institute, state language, Ukrainian language, periods of formation of state language institute.

On Legal Nature and Classificatory Identity Standards of Law Enforcement Ethics

2016 ◽  
Vol 4 (5) ◽  
pp. 0-0
Author(s):  
Рафаиль Валиев ◽  
Rafail Valiev
Keyword(s):  
Law Enforcement ◽  
Negative Impact ◽  
Legal Regulation ◽  
Problem Situation ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Law ◽  
Legal Forms ◽  
Enforcement Activity

Based on the problem situation conditioned by indeterminacy of institutional position of the standards of law enforcement ethics within the mechanism of contemporary law enforcement regulation, the author attempts to analyze the legal nature of the above standards. The study reveals that the legal nature of standards of law enforcement ethics is conditioned by the necessity to protect the identity of citizens and the law enforcement system itself from the negative impact produced by various forms of irregular conduct by subjects of law enforcement. As a result of comparing the standards of law enforcement ethics and the rules of law the author establishes that according to the technical-legal forms of their external expression and other attributes, as well as their regulatory potential, the standards of law enforcement ethics are comparable to the status of the rules of law. The study permits us to conclude that the standards of law enforcement ethics possess the classificatory identity typical of the protective rules of law represented by relations in the field of law enforcement activity. This identity is conditioned by the specificity of the subject of their regulation. The standards of law enforcement ethics are of subsidiary significance as they supplement and develop standards of status laws in matters of legal regulation of the moral aspect of the law enforcement activity.

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