Prospects for the development of law-formation in Ukraine through the prism of the application of the prognostic method of research

2021 ◽  
pp. 29-36
Author(s):  
Taras Didych
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Temporal Properties ◽  
Qualitative State ◽  
The Law ◽  
The One ◽  
Cognitive Perspectives ◽  
Law Making

The author analyzes doctrinal approaches to characterizing the prospects for the development of law-formation in Ukraine. The methodological inadequacy of ensuring the study of the prospects of development of legal phenomena, including lawmaking, is noted. It is noted that law-formation as a socio-legal phenomenon is due to various factors of its development, is influenced by the peculiarities of society as a sphere of its existence, and the state as a central subject of law-making. This conditionality of the process of law formation characterizes such dialectical regularities as the presence of prospects for development and the ability to improve legally significant activities, including activities in the field of law enforcement. Prospects for the development of law-formation as its integral property, reflects the relevant qualitative changes in the process and content of the law-formation, occurring within the temporal boundaries and characterize the law-formation as a phenomenon that has the dynamics of its development. These characteristics of the law-formation are most thoroughly and comprehensively disclosed in terms of prognostic method of scientific research, because, on the one hand, based on temporal properties and due to relations between subjects, changes in their content that form the basis of law, and on the other hand, they are manifested at the level of legal institutions (the process of law-formation, norms of law, legal regulation, the subjective composition of law-making, etc.). In this regard, the issue of prospects for the development of lawmaking and ways to improve it in terms of improving the process of law formation, identification and consideration of objective laws of its development, improving the quality of law, the quality of its expression, the effectiveness of public relations is important. scientific rethinking in order to develop scientific knowledge about the prospects of law, ways to improve both the process of its formation and improve the quality of law itself. Based on the analysis of scholars' views on the problem of studying law-formation in modern conditions of development of Ukrainian society, the cognitive perspectives of application of the prognostic method of studying law-making in Ukraine are established. Prospects for the development and ways to improve law-formation as independent theoretical and legal aspects of knowledge of law education require the isolation and further application of the prognostic method of research, which is potentially able to: first, to reveal lawmaking through the prism of its development; secondly, to reveal in the most comprehensive way the objective and subjective aspects that determine the future qualitative state of the law-formation, to determine the ways of influencing the formation of law to increase its level; thirdly, to structure the development of law-formation in separate directions.

scholarly journals GAPS IN THE LAW AND WAYS TO FILL THEM

2020 ◽  
Vol 30 (3) ◽  
pp. 396-405
Author(s):  
P.V. Lushnikov
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Negative Consequences ◽  
First Case ◽  
The Law ◽  
False Idea ◽  
Law Making ◽  
Made In ◽  
Communicative Processes

The article deals with the issues of gaps in law, it is stated that at present the problem of gaps is caused by the development of public relations. The negative consequences of gaps and their causes are determined. Several classifications of gaps that are made in science are considered. It is concluded that the deliberate creation of gaps by the subjects of law-making can be a corruption-induced factor. The classification of gaps depending on the truth (real and imaginary) is analyzed in detail. It is concluded that under the imaginary spaces can occur, both the addressees and the addressees of legal messages. In the first case, the addressees due to lack of necessary knowledge may have a false idea about the lack of legal regulation. When considering the second option, there is agreement with the scientific position that the addressees may, for subjective reasons, try to resolve gaps in the law, which do not really exist, thereby giving rise to excessive legitimization or real gaps. The article considers the options of filling the gaps in the law proposed in science. Further, it is proposed to apply to this problem the provisions of hermeneutics. The possibility of applying hermeneutic methodology to eliminate gaps is substantiated. It is concluded that preliminary modeling of communicative processes in the course of law-making can be used as a measure to counteract the gap in laws. The author suggests the need to limit the "arbitrariness of the reader" in the process of applying the analogy of law and law, as well as in the process of forming a legal precedent.

scholarly journals Factors for Establishing the Limits of Legal Regulation

Legal Concept ◽  
2021 ◽  
pp. 18-23
Author(s):  
Ekaterina Zaitseva ◽  
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Necessary Condition ◽  
Modern State ◽  
Physiological Factors ◽  
Scientific Methods ◽  
Social Nature ◽  
Smart Regulation ◽  
The Law ◽  
Law Making

Introduction: the knowledge of the legal regulation sphere and its limits is impossible without the analysis of the factors under the influence of which it is formed. Despite the obvious significance, the factors of establishing the limits of legal regulation did not become an independent subject of research but were only indirectly affected in the context of the analysis of the legal education factors. Meanwhile, these factors are of independent importance and need additional reflection. Their identification and clarification contribute to the introduction of the concept of “smart regulation” in the law-making policy of the modern state. Purpose: to identify the factors of setting the limits of legal regulation. Methods: the methodological framework for the study was made up of the general scientific and specific scientific methods of cognition. Results: the analysis of the factors of the establishment of the legal regulation sphere and its limits with the aim of its most adequate reflection as a subject of legal regulation is a necessary condition for improving the effectiveness of the law-making policy of the modern state. Conclusions: the factors that determine the limits of legal regulation can be objective and subjective. The objective factors determine the limits of the sphere of legal regulation; as such, it is necessary to consider the properties of public relations that have a legal nature, which in turn are under the influence of the objective factors of a natural and social nature, traditionally referred to as lawforming. The main natural factors should include biological, geographical, climatic, and physiological factors. The main objective social factors are scientific and technological, axiological, economic, and psychological. The identification of the sphere of legal regulation and its consolidation as a subject of legal regulation are caused not only by the influence of the objective factors but also by the subjective ones, which should include political-legal, scientific-cognitive, and technical-legal. All these factors interact with each other and “work” in the system. Depending on the specifics of the public attitude that is in the sphere of legal regulation and is fixed as its subject, the influence of various factors will be unequal.

ECONOMIC CONTENT OF MEDICAL SERVICES

2020 ◽  
Vol 11 (3) ◽  
pp. 58-65
Author(s):  
Andrey G. Lukin ◽  
Sergey N. Cherkasov ◽  
Alexander R. Saraev
Keyword(s):  
Public Relations ◽  
Medical Service ◽  
Mutual Influence ◽  
Legal Regulation ◽  
Medical Services ◽  
The Russian Federation ◽  
Points Of View ◽  
The One ◽  
Current Stage

In the article the authors proposed to consider the economic content of medical services from the points of view of the mutual influence of medicine and economics in the system of public relations; identified the factors determining the increasing influence of economic categories on the provision of medical services at the current stage of socio-economic development of the Russian Federation; analyzed the consequences of such increased influence on the quality of medical services. In particular, the authors noted that at the present stage there has been a tendency to absolutize the economic influence on medicine and grow it into the essence of medical service and healthcare in general. The authors justified that it is impossible to put an equal mark between a medical service and an economic service, since they are aimed at achieving different results. As the main result of the work, the authors made a conclusion that the current economic content of medical services in the country, including its legal regulation, both civil and administrative, does not fully meet both the needs of its consumers and the requirements of its providers. In this regard, the authors proposed to expand the range of economic instruments used to ensure high quality on the one hand, and on the other hand, accessibility of medical services.

Legal aspects of the brand protection in Ukraine and world

2020 ◽  
pp. 133-143
Author(s):  
Ivanna Babetska
Keyword(s):  
Public Relations ◽  
Practical Importance ◽  
Legal Protection ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Scientific Article ◽  
Protection Mechanism ◽  
Brand Protection ◽  
Wide Range ◽  
International Regulations

Purpose. The purpose of the scientific article is to establish the ratio of the meanings of the concepts "trademark", "brand" and "well-known" trademark and then to characterize their common and distinctive features. Indicate the gaps in current legislation and the need to refine certain rules in this aspect to determine the aspects of protection and protection of the brand. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, dialectical, logical-semantic, logical-normative, system-structural. Results: in the course of the conducted study, the main and optional components of the brand are determined, which make it possible to determine the features of its legal protection. It has been proved that despite a fairly wide range of domestic and international regulations, there are certain shortcomings of the brand protection mechanism. Originality. The study found that a trademark differs from a brand in that a trademark is a designation that is only the basis of the brand, as for the trademark are not essential such properties of the designation as a certain level of information among consumers and quality as a basis. gaining a reputation; the concept of "brand" is an evaluative, conditional concept, and therefore its consolidation at the regulatory level is impractical. It is sufficient to establish the factors on the basis of which the trademark can be considered "well known". A "well-known" trademark is a designation that is familiar to a wide range of consumers through its use to designate certain goods. Practical importance. The results of the study can be used in law-making activities for the purpose of legal regulation of public relations in the sphere of legal protection of the brand.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

scholarly journals The positive legal uncertainty as a technical and legal method of exposition of law

2021 ◽  
Vol 21 (4) ◽  
pp. 437-444
Author(s):  
Ekaterina Yu. Arkhipova ◽  
Keyword(s):  
Social Relations ◽  
Self Regulation ◽  
Historical Analysis ◽  
Legal Regulation ◽  
Russian Society ◽  
Legal Method ◽  
Legal Uncertainty ◽  
The Law ◽  
Market Relations ◽  
Law Making

Introduction. In modern Russian society with high rates of development of market relations, digitalization of the main spheres of life, popularization of the ideas of self-organization and self-regulation, legal uncertainty acts as a bipolar phenomenon, which is not only a consequence of law-making errors, but an effective technical and legal way of presenting regulations. Theoretical analysis. The historical analysis of the formation and development of ideas of certainty and uncertainty in jurisprudence showed that these categories are considered as universal phenomena characteristic of any matter. It was established that absolute certainty is unattainable and not always in demand, while legal uncertainty is inherent in the very nature of law. Еmpirical analysis. It was revealed that the need to ensure mobility and flexibility of legal regulation imposes the task of a reasonable use of legal uncertainty as a technical and legal way of presenting law on the law-making subject, which is reflected in the current legislation. Results. Legal uncertainty is an objective and inevitable phenomenon, and the total regulation of social relations is not always justified. The law is being improved on the basis of the principle of transition from the casuistic to the abstract, which proves its universality.

scholarly journals The role of legal intellection in the lawmaking mechanism

2020 ◽  
Vol 6 (3) ◽  
pp. 67-73
Author(s):  
Ekaterina A. Petrova
Keyword(s):  
Special Kind ◽  
Thinking Style ◽  
Legal Traditions ◽  
Methods And Techniques ◽  
Legal Thinking ◽  
The Law ◽  
Legal Understanding ◽  
Law Making

The article gives the authors interpretation of legal intellection as a special kind of professional thinking. It is underlined that legal intellection is directly connected with lawmaking, since the law is a result of both of these processes. The main directions of its influence on the elements of the lawmaking mechanism are considered. The author interprets lawmaking mechanism as a set of interrelated and interdependent technical and legal elements that support law creation. These elements include the law-makers; law-making methods and techniques; the rules of claw; forms (sources) of law. It is noted that the lawyers belonging to a particular type of legal understanding determines the understanding of lawmaking process. The author analyzes the influence of legal thinking style, determined by legal traditions of various legal families, on application of various forms of law as a result of lawmaking. The examples from Russian and American legal reality are given. The problem of legal intellection level of lawmakers is discussed, because of its influence on the quality of sources of law. It is concluded that legal intellection as a special kind of professional thinking permeates all types of legal activities and, first of all, directly affects the specifics of the lawmaking mechanism, determining the content of its main elements: the law-makers are the holders of legal intellection; methods, techniques of law-making are determined by the stylistic features of legal thinking; the quality of the forms of law created in the lawmaking process directly depends on the legal thinking level of their creators.

scholarly journals Nemzetközi kitekintés az első szakképzési törvény korszakáról

2019 ◽  
Vol 6 (1) ◽  
Author(s):  
István Lükő
Keyword(s):  
Legal Regulation ◽  
The Political ◽  
Training Centre ◽  
25Th Anniversary ◽  
International Dimension ◽  
Political Events ◽  
New Directions ◽  
The Law ◽  
The Government ◽  
The One

A cikk a szakképzési törvény megjelenésének 25. évfordulója alkalmából rendezett „25 éves a szakképzési törvény - Korszakos változások - új irányok” című konferencia előadása alapján készült, amelyet a szerző vezette Az első szakképzési törvény gazdasági- társadalmi környezete nemzetközi kitekintésbe című Panel keretében tartott.Ez a negyedszázados esemény a társadalmi-gazdasági szinten zajló rendszerváltás fontos része volt a másik két oktatási alrendszer törvényi szabályozásával együtt.Az írás ezt a korszakot, illetve a törvényhez kapcsolódó gazdasági-társadalmi környezetet mutatja be nemzetközi kontextusban.A téma elvi-elméleti felvezetéseként a szerző áttekinti a különböző szempontok és léptékek szerinti szakképzési modelleket, amelyek a világban fellelhetők. The government formed after the political events in 1989 considered the comprehensive transformation of the educational system, primarily by legal regulation, as one of their main tasks. After years of preparation, the three acts on education were passed in 1993, including the Act on VET. Several documents, e.g. the National Qualification Registry, are connected to this law; in this article I have undertaken to examine these connections and to make comparisons to other countries. On the occasion of the 25th anniversary of the law taking effect, on May 5th 2018 the Hungarian Association for Pedagogy and the Teacher Training Centre of the BME organized a monumental conference titled The Law on VET becomes 25 years old – Epochal changes – new directions in Budapest at the BME. After the plenary sessions, five panels were held – I was the moderator of the one titled: The socio-economic environment of the first VET act in an international dimension, and I held a short lecture here with a similar title. 

Practical significance of law constitutional principles

2020 ◽  
pp. 435-441
Author(s):  
Aleksandr Paramonov
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Consciousness ◽  
Direct Role ◽  
Positive Role ◽  
Legal Norms ◽  
Russian Law ◽  
The Law ◽  
Basic Ideas

We consider the constitutional principles of Russian law in the framework of positivist legal consciousness. We note the highest value of the law constitutional principles, as the basic ideas that underlie individual branches of law and all legal regulation. We focus on the practical significance of the constitutional principles of Russian law. We point out that in order to overcome defects in the legal consciousness of the population, it is advisable to duplicate the law principles that enshrined in the Constitution of the Russian Federation and in sectoral legislation. We emphasize that the practical significance of the law constitutional principles is manifested not only in their direct role in the legal regulation of public relations, but also in the fact that in judicial practice they can be used in the case of applying the analogy of law and the analogy of legislation. We indicate that this legal and technical tool is used to fill gaps in legal regulation. It is used in many branches of Russian law: civil, civil procedural, arbitration procedural, ad-ministrative procedural, family and others. Thus, the study shows the positive role of law constitutional principles in decision-making by a law enforcer in the absence of sectoral legal norms applicable in a particular situation.

DIGITAL FINANCIAL TOOLS FOR SOCIALIZING PRIVATE LAW

2021 ◽  
pp. 208-224
Author(s):  
Julia S. Kharitonova ◽  
◽  
Larisa V. Sannikova ◽  
Keyword(s):  
Public Relations ◽  
The United States ◽  
Legal Regulation ◽  
Private Law ◽  
Property Relations ◽  
The World ◽  
The Law ◽  
Private Investors ◽  
The Way

Nowadays, the law is being transformed as a regulator of relations. The idea of strengthe-ning the regulatory role of technologies in the field of streamlining public relations is making much headway in the world. This trend is most pronounced in the area of regulation of private relations. The way of such access to the market as crowdfunding is becoming increasingly widespread. The issuing of the so-called secured tokens is becoming popular for both small businesses and private investors. The trust in new ways of attracting investments is condi-tioned by the applied technology - the use of blockchain as a decentralized transparent data-base management system. Under these conditions, there is such a phenomenon as the democ-ratization of property relations. Every individual receives unlimited opportunities to invest via technologies. Thus, legal scholars all over the world face the question about the role of the law and law in these relations? We believe that we are dealing with such a worldwide trend of regulating public relations as the socialization of the law. Specific examples of issuing tokens in Russia and abroad show the main global trends in the transformation of private law. The platformization of economics leads to the tokenization and democratization of property relations. In this aspect, the aim of lawyers should be to create a comfortable legal environment for the implementation of projects aimed at democratizing property relations in Russia. The socialization of private law is aimed at achieving social jus-tice and is manifested in the creation of mechanisms to protect the rights of the weak party and rules to protect private investors. Globalization requires the study of both Russian and foreign law. To confirm their hypothesis, the authors conducted a detailed analysis of the legislation of Russia, Europe and the United States to identify the norms allowing to see the process of socialization of law in the above field. The generalization of Russian and foreign experience showed that when searching for proper legal regulation, the states elect one of the policies. In some countries, direct regulation of ICOs and related emission relations are being created, in others, it is about the extension of the existing legislation to a new changing tokenization relationship. The European Union countries are seeking to develop common rules to create a regulatory environment to attract investors to the crypto industry and protect them. Asian countries are predominantly developing national legislation in isolation from one another, but most of them are following a unified course to encourage investment in crypto assets while introducing strict rules against fraud on financial markets. The emphasis on the protection of the rights of investors or shareholders, token holders by setting a framework, including private law mechanisms, can be called common to all approaches. This is the aim of private law on the way to social justice.

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