Attempts to overcome the deficit by the imperative method of legal regulation in the conditions of perestroika (on the example of Ivano-Frankovsk region)

2021 ◽  
pp. 67-76
Author(s):  
Lidiia Fedyk
Keyword(s):  
Legal Status ◽  
Systematic Approach ◽  
Shadow Economy ◽  
Legal Regulation ◽  
Practical Significance ◽  
Economic Regulation ◽  
Economic Relations ◽  
Historical Method ◽  
Stage Of Development ◽  
The Relationship

The purpose of the article is to show the effectiveness of the imperative method of legal regulation of the economy on the example of the Ukrainian SSR. Method. The research methodology is based on the application of a systematic approach, which allowed to consider economic and legal phenomena in their relationship. The following methods of scientific cognition were used in the research: the dialectical method, which made it possible to study the relationship between state and legal phenomena and economic processes; study of the legal status of participants in economic relations of the USSR during the perestroika required the use of a historical method, which made it possible to trace the evolution of the legislation of the USSR on the regulation of economic processes. Using the dogmatic method, the legislation of the studied period is analyzed. The hermeneutic method was used in the interpretation of certain economic concepts from the standpoint of law. Results. In the course of the research the principles of the imperative method of legal regulation for overcoming the deficit are analyzed, namely: laws, orders, directives, prescriptions, instructions. Scientific novelty. On the basis of the analysis of legislative acts of the Ukrainian SSR the problems of economic development of the state are revealed, their reasons and ways of overcoming are analyzed. It was found that the key role was given to administrative methods of economic regulation with an emphasis on the imperative method of legal regulation. The inefficiency of this method is shown, which was expressed in numerous offenses and the development of the "shadow economy". Practical significance. Conclusions and theoretical generalizations can be valuable to avoid negative trends in the economic (deficit, speculation, shadow economy) and legal spheres (absolutization of one method of legal regulation) at the present stage of development of the Ukrainian state.

FEATURES OF THE LEGAL STATUS OF A CHILD IN LABOR RELATIONS, PROTECTION OF LABOR RIGHTS OF MINORS AND THE LIMITS OF THEIR IMPLEMENTATION

2021 ◽  
Vol 17 (4) ◽  
pp. 121-128
Author(s):  
NATALIA LETOVA ◽  
Keyword(s):  
Child Labor ◽  
Legal Status ◽  
Labor Relations ◽  
Legal Regulation ◽  
Practical Significance ◽  
Labor Rights ◽  
Modern Period ◽  
Labor Legislation ◽  
The World ◽  
The Relationship

The article deals with the problems of determining the legal status of a child in the field of labor relations. The author came to the conclusion that the specifics of the legal status of children when concluding, changing and terminating an employment contract with an employer is of great theoretical importance and should be taken into account in the content of industry-specific norms. The author of the article proves that the relationship between the physiological characteristics of a child and the type of work he performs is important for protecting the labor rights of minors, identifies the main trends in the development of labor legislation in the field of labor protection for children, identifies the problems of legislative regulation of child labor in modern Russia. When writing the article, the following methods were used: synthesis, analysis, the method of comparative jurisprudence, etc. The practical significance of the work lies in the need to take into account the specifics of the legal status of the child in the field of labor relations, in the analysis of the legal regulation of the labor of this category of persons not only in Russia, but throughout the world, the problems of child labor in individual states are systematized and ways to solve them are proposed. As a result of the study, the author determined that the work of children differs in its regulation, scope of rights, a number of restrictions on their employment, in contrast to adult workers. In the modern period, the sphere of child labor requires special attention from the state and requires the adoption of appropriate decisions at the legislative level.

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

scholarly journals Problems of improving conceptual apparatus in the field of protection and use of natural medicinal resources, medical and recreational areas and resorts

2019 ◽  
pp. 186-194
Author(s):  
N. G. Zhavoronkova ◽  
G. V. Vypkhanova
Keyword(s):  
Natural Resources ◽  
Legal Status ◽  
Legal Regulation ◽  
Complex Nature ◽  
Economic Relations ◽  
Conceptual Apparatus ◽  
Provision Of Services ◽  
Ecological Relations ◽  
Legal Concepts

The paper contains an analysis of theoretical problems associated with the conceptual apparatus in the sanatorium and resort sphere. They are largely due to the complex nature of the legal regulation of relations on the use and protection of natural medicinal resources, medical and recreational areas and resorts by the norms of legislation on public health, civil, urban planning, environmental, land and other branches of legislation. Accordingly, the assessment of legal concepts should cover the sphere of regulation of natural resource relations related to the use of natural resources for therapeutic and recreational purposes; the provision of services, the implementation of sanatorium-resort activities as an integral part of health and socio-economic relations; territorial (spatial) development of resort areas, medical and recreational areas; ecological relations due to the classification of such areas as specially protected. In the study of basic concepts — «health-improving terrain», «resort» — their characteristics such as «curative», «preventive», «wellness» are examined, contradictions in legislation are revealed, the necessity of expanding the criteria that are the basis for imparting with therapeutic natural resources, the corresponding legal status is justified. The necessity of expanding the terms and concepts related to the resort sphere — «resort infrastructure», «resort infrastructure user», «accommodation object», etc. is shown. The authors justify other proposals in the context of recent legislative initiatives in this area.

Cryptocurrency as Object of Regulation by Public and Private Law

2020 ◽  
Vol 9 (3) ◽  
pp. 1060
Author(s):  
Imeda TSINDELIANI ◽  
Maria EGOROVA
Keyword(s):  
Legal Status ◽  
Focal Point ◽  
Legal Regulation ◽  
Public And Private ◽  
Economic Relations ◽  
Descriptive Research ◽  
Traditional Institution ◽  
Regulatory Bodies ◽  
The Russian Federation ◽  
New Institutions

The aim of this study is to establish the legal status quo of cryptocurrencies in the Russian Federation. The hypothesis presented by this study requires a profound reference to existing and proposed legislation as well as to the statements of a number of international, supranational and national regulatory bodies. This study uses qualitative research methods, and primarily consists of descriptive research. Doctrinal and comparative law research also lie at the very heart of this paper as they enable the author to identify, analyze and synthesize a number of foreign (incl. EU), and Russian laws. As a result, the emergence of new institutions and the modernization of existing ones, based on new technological breakthroughs, undoubtedly affect the already existing institutions that are under the influence of changes. Money, which is at the heart of finance, already loses its material forms of expression and regulating properties, alternative tools emerge in the economy that are ready to act as alternatives to this traditional institution. The alternative to money and monetary mechanisms will affect the basic instrument for regulating economic relations and the financial system of the state as a whole - a monopoly on the issue of currency. The nature of cryptocurrency, its features do not make it possible to attribute it entirely either to the means of payment, or to securities, or property. In the existing international community, cryptocurrency lacks a single focal point. Only a progressive view and modern legal regulation of cryptocurrency will create conditions for the development of legal and, most importantly, safe relations in the field of cryptocurrency.

scholarly journals КОНСОЛІДОВАНІ БЮДЖЕТ ПІВНІЧНОГО РЕГІОНУ В УМОВАХ ЕКОНОМІЧНОЇ КРИЗИ

2019 ◽  
pp. 44-53
Author(s):  
Ю. А. Гаджиев
Keyword(s):  
Economic Growth ◽  
Main Tool ◽  
Practical Significance ◽  
Economic Relations ◽  
Historical Method ◽  
Analysis And Synthesis ◽  
The Republic ◽  
Effective Use ◽  
Sustainable Economic Growth

One of important tasks of overcoming the crisis and sustainable economic growth of the country and its regions is formation and effective use of financial resources in the budgetary sphere. The purpose of the research is to analyze the formation of income and the direction of expenditures in the context of the economic crisis and offer practical recommendations to ensure the balance and stability of the consolidated budget of the Republic of Komi (RK). The object of the research is the monetary and economic relations of the formation and use of funds of the consolidated budget in order to fulfill its obligations and ensure the economic growth of the region. Methods used of the research are analysis and synthesis, induction and deduction, logical and historical method, scientific abstraction and statistical comparison. The hypothesis of the research is the possibility of ensuring the balance and stability of the consolidated budget of the RK in the long term. The statement of basic materials. The analysis of the dynamics and structure of real revenues and expenses of the consolidated budget of the Republic of Komi in 2013-2017. The reasons for the fall and the growth of real incomes and expenses, changes of their structure and especially sharp increase of the debt load of the budget are revealed. Level of imbalance of the budget is shown and recommendations on ensuring balance of the consolidated budget of the region are defined. Originality and practical significance of the research is the fact that the balance and stability of the consolidated budget of the region is considered as the main tool for ensuring sustainable economic growth and improving the welfare of the population of the region. Conclusions of the research are the possibility of restoring the balance and stability of the consolidated budget of the Republic of Komi in the crisiscondotions by increasing the volume of tax revenues, especially property tax, reducing the debt service outlays – reducing the amount of accumulated public and municipal debt.

scholarly journals Research on the legal status of the national digital currency Karbo: the state and the prospects

2019 ◽  
pp. 11-15
Author(s):  
Larysa OSTROVERKH ◽  
Yurii SHANDRENKO
Keyword(s):  
Legal Status ◽  
Market Price ◽  
The State ◽  
Electronic Money ◽  
Virtual Currency ◽  
Global Trends ◽  
Economic Relations ◽  
The World ◽  
National Bank ◽  
The Relationship

The article explores the phenomenon of the development of virtual currencies and their growing popularity, resulting in a natural imbalance when innovations in the field of economy outstripped the development of legislation governing the relationship between entities in the field of calculations and payments. This led to the lack of a common understanding of the legal status of cryptocurrency and the methods of its regulation at the current stage of economic relations and global technologies, which caused the world community the problem of determining the legal status of cryptocurrency, which arose from the evolution of money and the emergence of new structured financial products. For Ukraine, as for most countries in the world, the global digital economy remains an area with undiscovered potential, since the National Bank of Ukraine does not recognize cryptocurrencies with either electronic money, money surrogates or other legal means of payment and does not recommend using them as such, but, in addition, it does not prohibit their use. Evidence of NBU's desire to keep up with current global trends was the emergence in May 2016 of the first Ukrainian «Karbowanec» cryptocurrency (after the Karbo rebranding in September 2017), which prompted many financial agents to ask whether – «Can you trust Karbo?» and «What is Karbo better than other cryptocurrencies?». Karbo is positioned as an alternative to low volatility settlement, designed for calculations and real use with new cryptocurrency ways of regulating money supply and market price. However, the question remains open – should the state recognize cryptocurrency as a digital (virtual) currency, or as a means of exchange or payment, or as other digital or intangible assets, or as property rights, etc., to introduce a method of accounting and regulate the system of taxation of transactions with it?

FAMILY MAINTENANCE OBLIGATIONS IN FAMILY RELATIONS

2020 ◽  
Vol 10 (4) ◽  
pp. 118-123
Author(s):  
ALLA SEREBRYAKOVA ◽  
Keyword(s):  
Russian Federation ◽  
Family Relations ◽  
Legal Regulation ◽  
Social Consequences ◽  
Practical Significance ◽  
Theoretical Understanding ◽  
Material Content ◽  
The Family ◽  
The Russian Federation ◽  
The Relationship

A task. The author of the article set himself the task of answering the question - what is meant by obligations for material security in family relations. Model. To solve this problem, it is necessary to investigate the issues of legal regulation of material content obligations under the family legislation of the Russian Federation and alimony relations, identify the features of legal regulation of material content relations, propose a model for building material content relations between their various participants and understand the relationship between material content obligations and alimentation obligations. Conclusion. A distinction should be made between material support in the family and alimony. They treat each other as general and private. According to the author, there is a contradiction between the rule established by law that certain categories of persons are liable for material maintenance and the assumption of execution under duress of the same obligation, which must be fulfilled voluntarily. Practical significance. The author of the article believes that the conclusions formulated in the submitted article will be useful for a theoretical understanding of legal relations of alimony, an understanding of the relationship between obligations for material maintenance under family law of the Russian Federation and alimony. Social consequences. the theoretical model proposed by the author of the study as the basis for the possible legislative consolidation and subsequent practice of applying material content, including alimentation, between participants in family relations in conjunction with other measures taken in this direction [6] will allow over time to solve the systemic problem of alimony payments. Originality, value. A correct legal understanding of the legal situation, which causes practical difficulties, will strengthen the rule of law and encourage necessary legislative changes to ensure the most effective regulation of family and alimony relations.

scholarly journals Cryptocurrency as the Сurrency of the Future Financial System

2020 ◽  
Vol 24 (1) ◽  
pp. 27-32
Author(s):  
T. Bantorina ◽  
◽  
O. Livandovska ◽  
Keyword(s):  
Legal Status ◽  
Financial System ◽  
Legal Regulation ◽  
Minimal Risk ◽  
Advantages And Disadvantages ◽  
Stage Of Development ◽  
The World ◽  
The Future ◽  
Mathematical Problems ◽  
History Of

Annotation. Introduction. At the present stage of development of the world is the rapid functioning of all spheres of society. Based on this, today society seeks to be progressive, modern, and therefore the world introduces us to a new type of money that is gaining popularity – cryptocurrency. Currently, humanity is aimed at finding a more progressive way of realization of any financial transactions with minimal risk. Now, the cryptocurrency is in the same city, where was the first paper money during the popularization of the concept of “printing money”. That is why, after a certain period of time cryptocurrency calculations become commonplace. Purpose. The purpose of the study is to consider cryptocurrency as the currency of the future financial system and possible prospects for its future development in Ukraine and the world. Results. The article discusses the theoretical aspects and history of cryptocurrency as currency future financial system. The main types of cryptocurrencies, the process of their creation, which is based on the solution of computers to complex mathematical problems and their entry into the market, are identified. The advantages and disadvantages of using cryptocurrencies are studied, as well as its feature as decentralization, which distinguishes it from other currencies. It is emphasized that in the world, so far, there is no consensus on the further strategy for the development of cryptocurrency in the world, its legalization and legality of use, thus analyzing the legal status of cryptocurrency in different countries and prospects for use. The legal regulation of cryptocurrencies in Ukraine in accordance with the norms of Ukrainian legislation is considered. The peculiarities of the functioning of virtual currencies in Ukraine are highlighted. Conclusions. Cryptocurrency inevitably and actively popularized worldwide in furthering decade. In some areas, such as online gaming business, this kind of currency has found its application in full. In Ukraine, there is everything necessary for legal operations with cryptocurrencies, but it is at the legislative level that there is a problem that prevents the active distribution and use of such currencies. The situation when cryptocurrency is not banned, but also not allowed, is an additional reason for fraudulent schemes. Legal entities and individuals who want or are able to use cryptocurrency is not protected. Similarly, the state can not get taxes from prospective activities. That is why the need for a clear establishment of the concept of “Cryptocurrency” by the law of Ukraine and the creation of mechanisms for regulating any activity with cryptocurrencies at the legislative level, are the priority state tasks at present. Keywords: cryptocurrency; currency; bitcoin; mining; digital currency; the legal status.

scholarly journals Some Aspects of Legal Regulation of the Dismissal from Work: Features, Types and Social Guarantees

2021 ◽  
Vol 81 (2) ◽  
pp. 136-143
Author(s):  
S. M. Bortnyk
Keyword(s):  
Preventive Measures ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Stage Of Development ◽  
Labor Legislation ◽  
Definition Of ◽  
The Relationship ◽  
Legal Measure

Based on the analysis of the norms of general and special labor legislation of Ukraine, the author has researched the problem of legal regulation of one of the preventive measures of labor law – dismissal from work. The procedure of dismissal from work within the mechanism of legal regulation mainly performs a preventive function. The problem of dismissal from work in labor law has not been studied enough. A number of provisions regulating the relationship that has developed in case of dismissal are scattered across various regulatory acts. Some of those relationships are not regulated at all. Dismissal is often equated with the transfer, removal or displacement. In this case employees’ labor rights and guarantees are violated. It has been found out that the institution of dismissal from work at the present historical stage of development has its own characteristics of normative regulation. To date, neither labor law nor caselaw has agreed on a single generally accepted definition of the term of “dismissal from work”. Based on the study of scientific views of scholars and taking into account the analysis of the norms of general labor legislation, the main characteristics of the definition of “dismissal from work” have been identified. It has been found out that the definition of “dismissal from work” differs from “deprivation of office”; the author has studied the features of “dismissal from work”, types and social guarantees for employees at the time of dismissal. It has been noted that dismissal from work is atypical legal measure that employers apply to employees in some cases within labor law. It has temporary nature, it is intended to prevent the employee from work, it can be applied both through the fault of the employee and without the fault of the employee, it is usually free of charge. It has been emphasized that there is a need to develop and adopt a normative act, which should clearly define the cases of dismissal, its tasks and objectives, procedure and consequences of application. It is also necessary to enshrine guarantees of observance of employees’ rights at the time of dismissal in regulatory acts.

scholarly journals MEANS OF THE INNOVATIVE RESTAURANT ECONOMY CLIENT-ORIENTED ENTERPRISES INTELLECTUAL AND PERSONNEL SUPPORT FORMATION

2020 ◽  
Author(s):  
Iryna Biletska ◽  
Keyword(s):  
Business Processes ◽  
Customer Orientation ◽  
Customer Management ◽  
Practical Significance ◽  
Present Stage ◽  
Social Effect ◽  
Scientific Methods ◽  
Economic Relations ◽  
Customer Base ◽  
Stage Of Development

The purpose of the study was to substantiate the means of forming intellectual and personnel support of innovative customer-oriented restaurant enterprises. The urgency of this task has increased at the present stage of development of economic relations and competition, especially in the restaurant business sector, as the orientation of all business processes of enterprises to generate income and profit to meet the needs of customers; such direction as designing, modeling and development of inquiries of the consumer develops; the competitiveness of the restaurant business is increasingly determined by customer orientation. In the course of the research scientific methods of strategic management (for formation of bases of structuring of the purposes of improvement of intellectual and personnel maintenance of innovative client-oriented enterprises of restaurant economy) and system approach (at substantiation of priorities and tools of improvement of intellectual and personnel support of innovative client-oriented enterprises of restaurant business) are applied. The relevance and means of formation of intellectual and personnel support of innovative client-oriented enterprises of restaurant economy are substantiated. Further scientific research in this direction concerns the substantiation of economic and mathematical models in the field of customer management. The practical significance of the results of the study is to increase the customer base of loyal consumers and strengthen the competitiveness of the restaurant business, which also has a significant social effect in meeting the needs of consumers in restaurant services.

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